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Date of Issuance 10/15/2019 ALJ/DB3/jt2 Date of Issuance 10/15/2019 Decision 19-10-004 October 10, 2019 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of the City of Encinitas for authority to construct a Pedestrian Underpass Crossing (Proposed C.P.U.C. Crossing No. 106-237.10-BD) Application 18-12-011 (Proposed DOT No. 973261L) in the City of Encinitas, County of San Diego, California. DECISION GRANTING THE APPLICATION OF THE CITY OF ENCINITAS TO CONSTRUCT A GRADE-SEPARATED PEDESTRIAN-RAIL UNDERPASS CROSSING UNDER THE NORTH COUNTY TRANSIT DISTRICT TRAIN TRACKS IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, CALIFORNIA Summary This decision grants the application of the City of Encinitas to construct a grade-separated pedestrian-rail underpass crossing under the North County Transit District track near El Portal Street in the City of Encinitas, County of San Diego. The authority granted in this decision is valid for a period of five years from the date this decision is issued. The proceeding is closed. 1. Factual Background On December 10, 2019, the City of Encinitas (applicant or city) filed an application with the California Public Utilities Commission (CPUC or Commission) for authority to construct a new grade-separated pedestrian-rail 317939789 - 1 - A.18-12-011 ALJ/DB3/jt2 underpass crossing below the North County Transit District (NCTD) track near El Portal Street in the City of Encinitas, County of San Diego. The applicant requested the Commission grant authority to complete this project for a period of five years. The Commission’s Rail Safety Division (RSD),1 the branch of the Commission charged with ensuring the safety of all rail crossings, has reviewed the application, conducted site visits, supports the application and believes the request for authority to complete the project within five years is appropriate. The application is unopposed. There are no disputed issues of material fact, and there is no need for an evidentiary hearing. 2. Procedural Background The parties to the proceeding, the applicant, RSD and the NCTD have worked together to identify and resolve any safety issues or concerns posed by this project. The City, RSD and the San Diego Association of Governments (SANDAG), the San Diego region’s public planning, transportation and research agency consisting of representatives of the county of San Diego and each of the 18 cities within the county, participated in the prehearing conference on April 11, 2019 and agree the application should be approved. 3. Jurisdiction Under § 1202 of the Public Utilities Code (Pub. Util. Code), the Commission has exclusive jurisdiction “to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use, and protection of each crossing of one railroad by 1 The Rail Safety Division was formerly part of the Safety and Enforcement Division as the Office of Rail Safety. Effective July 1, 2019, the Rail Safety Division was established as an independent branch of the Commission. - 2 - A.18-12-011 ALJ/DB3/jt2 another railroad or street railroad, of a street railroad by a railroad, of each crossing of a public or publicly used road or highway by a railroad or street railroad, and of a street by a railroad or of a railroad by a street.” 4. Issues Before the Commission The issues before the Commission in this proceeding are: 1) Whether the application meets the requirements Rule 3.7 of the Commission’s Rules of Practice and Procedure, such that the Commission should grant the city’s application to construct a grade-separated pedestrian-rail crossing below the track. 2) Whether the applicant has complied with the California Environmental Quality Act (CEQA). 3) Whether the Commission should grant the applicant a period of five years from the application approval date to complete the proposed project. 5. The Proposed Crossing The City of Encinitas seeks authority to construct a new pedestrian underpass crossing underneath the NCTD train tracks in the City of Encinitas in San Diego County. Known locally as the El Portal Bicycle/Pedestrian Underpass project, this will be a new pedestrian and bicycle connection under the Los Angeles – San Diego – San Luis Obispo Rail Corridor between North Vulcan Avenue on the east side of the rail corridor and the T-intersection of North Coast Highway 101 and El Portal Street at Milepost 237.1 on the west side of the rail corridor along the NCTD main tracks. The project will provide pedestrian, bicycle and crosswalk improvements associated with the proposed grade-separated underpass beneath the rail corridor, with fencing to help confine access across the tracks to the proposed underpass. This portion of the existing rail corridor consists of a single main track. Burlington Northern Santa Fe Railroad Company and Pacific Sun Railroad operate freight rail services on this - 3 - A.18-12-011 ALJ/DB3/jt2 main track. NCTD operates the Coaster commuter rail passenger service between Oceanside and San Diego. Amtrak operates intercity passenger rail service between Los Angeles, Orange County and San Diego. At some point in the future, SANDAG plans to construct a second main track through this project area. The underpass which is the subject of this application will be designed and constructed to accommodate two tracks. The proposed underpass crossing project will allow pedestrian traffic to move safely between South Coast Highway 101 and South Vulcan Avenue, allowing safe access to the beach and shops along South Coast Highway 101, and to the local elementary school located across South Vulcan Avenue directly east of the project. Currently, pedestrians trespass on the NCTD right-of-way and cross the tracks illegally at grade, increasing the risk of being struck by trains. The proposed underpass and fencing improvements will reduce the existing trespassing crossing hazard and provide safer pedestrian access through the area. 6. California Environmental Quality Act (CEQA) CEQA, Public Resources Code §§ 21000 et seq., (as amended) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision-makers and the public about potentially significant environmental impacts of proposed activities. Since this project is subject to CEQA and the Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission must approve the project pursuant to §§ 1202 and 99152 of the Pub. Util. Code), the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA. - 4 - A.18-12-011 ALJ/DB3/jt2 The City of Encinitas is the lead agency for this project under CEQA, and in that capacity determined that the proposed El Portal grade-separated pedestrian undercrossing could result in significant environmental effects and therefore the project is not exempt under CEQA. The city adopted a Final Mitigated Negative Declaration on June 25, 2008,2 which evaluated the environmental effects of the three planned pedestrian undercrossings including the El Portal location. Each undercrossing is being implemented independently as funding becomes available. Conditions at the project site as well as the project impact footprint have not substantially changed; the project is located within an active railroad corridor that is regularly maintained. The analysis and conclusions contained in the adopted CEQA document for the project remain applicable. The Commission finds the adopted Final Mitigated Negative Declaration adequate for our decision-making purposes. 7. Filing Requirements and Staff Recommendation This application is in compliance with the Commission’s filing requirements, including Rule 3.11 of the Rules of Practice and Procedure, which relates to the alteration of existing crossings. The Commission’s Rail Safety Division has reviewed and analyzed the plans submitted with the application and recommends that the Commission grant the City of Encinitas’ request. 8. Categorization and Need for Hearing In Resolution ALJ 176-3430, issued January 10, 2019, this application was preliminarily categorized as ratesetting, and it was preliminarily determined that hearings were necessary. In the scoping memo and ruling issued by the assigned Commissioner on May 29, 2019, the categorization was confirmed but the 2 State Clearinghouse No. 2008031074. - 5 - A.18-12-011 ALJ/DB3/jt2 preliminary determination that hearings were necessary was changed to hearings are not required. 9. Waiver of comment Period This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to § 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2), the otherwise applicable 30-day period for public review and comment is waived. 10. Assignment of Proceeding Liane M. Randolph is the assigned Commissioner and Dan H. Burcham is the assigned Administrative Law Judge in this proceeding. Findings of Fact 1. Notice of the application appeared in the Commission’s Daily Calendar on December 19, 2018. 2. The City of Encinitas requests authority to construct a grade-separated pedestrian-rail underpass crossing under the North County Transit District track near El Portal Street in the City of Encinitas in the County of San Diego. 3. Application 18-12-011 is in compliance with the Public Utilities Code, the Commission’s General Orders and the Commission’s Rules of Practice and Procedure. 4. The information contained in Application 18-12-011 is complete and factually accurate. 5. The RSD has conducted a diagnostic review of the requested crossing and has identified no unresolved safety or other issues. 6. A five-year authorization period is appropriate for the grade-separated pedestrian-rail underpass crossing proposed in the application. - 6 - A.18-12-011 ALJ/DB3/jt2 7. The Commission, as a responsible agency under CEQA, has considered the Final Mitigated Negative Declaration for this project.
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