A. 16-09-012 SED/EIM/RNC/MDR/AGG/ATM/vdl

SED/EIM/RNC/MDR/AGG/ATM/vdl Date of Issuance 1/20/2017

Decision 17-01-016 January 19, 2017

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the City of Sacramento for an order authorizing the alteration of the existing grade separated crossing of the Sacramento Regional Transit District light rail line to connect Ramona Avenue to Folsom Boulevard in the City of Sacramento, California. / Application 16-09-012
(Filed September 14, 2016)

DECISION AUTHORIZING THE CITY OF SACRAMENTO TO

CONSTRUCT A NEW PUBLIC GRADE-SEPARATED HIGHWAY-RAIL

CROSSING UNDER THE SACRAMENTO REGIONAL TRANSIT DISTRICT TRACKS IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO

Summary

This decision grants the City of Sacramento authorization to construct a new public grade-separated highway-rail crossing at Ramona Avenue under the tracks of the Sacramento Regional Transit District in the City of Sacramento, Sacramento County. The new crossing will be identified as California Public Utilities Commission Crossing Number 083E-4.99-B.

This proceeding is closed.

Discussion

The City of Sacramento (City) proposes to construct a new public grade-separated highway-rail crossing (crossing) under two sets of tracks of the Sacramento Regional Transit District (SRTD) in the City, Sacramento County. Ramona Avenue will be a two-lane, north-south running, roadway that crosses under the tracks at an approximate 45-degree angle. Rail service on this line consists of 133 light rail trains per day at 55 mph.

The City states that the project will improve vehicular and pedestrian connectivity to the north and south of United States Route 50 (US 50). The connection will facilitate transit-oriented development in a historically underused parcel adjacent to California State University, Sacramento.

The City will include the following features in the construction of the proposed Ramona Avenue crossing:

·  The crossing will be a 38-foot wide two-lane crossing under two sets of SRTD tracks with 2 six-foot wide bicycle lanes and 1 eight-foot wide Americans with Disabilities Act (ADA) compliant sidewalk equipped with ADA compliant detectable warning tactile strips on all approaches; and

·  The crossing will comply with all minimum clearance requirements set forth in California Public Utilities Commission (Commission/CPUC) General Order (GO) 26-D.

Environmental Review and CEQA Compliance

The California Environmental Quality Act of 1970 (as amended, Public Resources Code Section 21000, et seq.) (CEQA) 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 potential, significant environmental effects of the proposed activities. Since the project is subject to CEQA and the Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission has the exclusive authority to approve the project pursuant to Section 1202 of the Public Utilities Code), the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA.

The lead agency is either the public agency that carries out the project,[1] or the one with the greatest responsibility for supervising or approving the project as a whole.[2] Here, the City is the lead agency for this project because it prepared the environmental documents, and the Commission is a responsible agency because it has jurisdiction to issue a permit for the project. As a responsible agency under CEQA, the Commission must consider the lead agency’s environmental documents and findings before acting on or approving this project.[3] Also, as a responsible agency, the Commission is responsible for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve.[4]

On June 12, 2012, the City Council approved a Notice of Determination (NOD) for the Folsom Boulevard Widening/Ramona Avenue Extension Project (FBW/RAEP). The Ramona Avenue crossing is one part of the FBW/RAEP. The NOD states that an Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA, mitigation measures were not made a condition of the approval of the project, and findings were made pursuant to the provisions of CEQA.

The NOD also states that the project will have a significant impact on the environment. However, after reviewing the draft and final Environmental Impact Report (DEIR/FEIR) for this project, in actuality, all potential impacts were found to be less-than-significant or less-than-significant with mitigation incorporated. As such, a Statement of Overriding Considerations was not adopted for this project because all impacts from the project will be reduced to a less-than-significant level by the adopted mitigation measures. The finding that the project will have a less-than-significant impact with mitigation incorporation is consistent with the DEIR/FEIR. Thus, the NOD should have stated that the project will not have a significant effect on the environment. Moreover, none of the identified impacts or the associated mitigation measures appeared to be related to the rail-crossing aspect of the project.

In July 2012, the City certified the Final Environmental Impact Report/Environmental Assessment (FEIR/EA) for the FBW/RAEP. On July 19, 2012, the California Department of Transportation (Caltrans) determined that the FBW/RAEP will have no significant impact on the environment and issued a Finding of No Significant Impact (FONSI).

Impacts identified under CEQA relating to the construction and implementation of the grade-separated highway-rail crossing aspect of the project are within the scope of the Commission’s jurisdiction.

The Commission reviewed and considered the City’s FEIR/EA, FONSI, and NOD as these documents relate to this grade-separated highway rail-crossing and finds these documents adequate for our decision-making purposes.

Filing Requirements and Staff Recommendations

This application is in compliance with the Commission’s filing requirements including Rule 3.7 of the Rules of Practice and Procedure, which relates to the construction of a public road across a railroad.

The Commission’s Safety and Enforcement Division, Rail Crossings and Engineering Branch has inspected the site of the proposed crossing, reviewed and analyzed the plans submitted with the application, and recommends that the requested authority to construct the subject grade-separated highway-rail crossing be granted for a period of three years.

Categorization and Need for Hearings

In Resolution ALJ 176-3385, dated September 29, 2016, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received. There is no apparent reason why the application should not be granted. Given these developments, it is not necessary to disturb the preliminary determinations.

Waiver of Comment Period

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the Commission’s Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.

Assignment of Proceeding

Elizaveta I. Malashenko is the assigned Examiner in this proceeding.

Findings of Fact

  1. Notice of the application was published in the Commission’s Daily Calendar on September 16, 2016.
  2. The City requests authority, under Public Utilities Code Sections 1201-1205, to construct a new public grade-separated highway-rail crossing under the tracks of the SRTD in the City, Sacramento County. The new crossing will be identified as Ramona Avenue, CPUC Crossing No. 083E-4.99-B.
  3. The City is the lead agency for this project under CEQA.

4.  On June 12, 2012, the City Council approved a NOD for the FBW/RAEP. The NOD states that an Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA, mitigation measures were not made a condition of the approval of the project, and findings were made pursuant to the provisions of CEQA. The NOD also states that the project will have a significant impact on the environment.

5.  In July 2012, the City certified the FEIR/EA for the FBW/RAEP; the Ramona Avenue crossing is a part of the larger FBW/RAEP.

6.  On July 19, 2012, Caltrans determined that the FBW/RAEP will have no significant impact on the environment and issued a FONSI.

7.  The proposed grade-separated highway-rail crossing will improve vehicular and pedestrian connectivity to the north and south of US 50. The connection will facilitate transit-oriented development in a historically underused parcel adjacent to California State University, Sacramento.

Conclusions of Law

  1. Safety, traffic/transportation, noise and other impacts related to the highway-rail crossing are areas within the scope of the Commission’s permitting process.
  2. The Commission is a responsible agency for this project and has reviewed and considered the lead agency’s FEIR/EA, FONSI and NOD.
  3. The FEIR/EA, FONSI and NOD are adequate for our decision-making purposes.
  4. The FEIR/EA, FONSI and NOD were completed in compliance with CEQA.

5.  The FEIR/EA, FONSI and NOD reflect the Commission’s independent judgment and analysis.

  1. No significant impacts were identified under CEQA relating to the grade-separated highway-rail crossing aspect of the project is under the Commission’s jurisdiction.
  2. The application is uncontested and a public hearing is not necessary.
  3. The application should be granted as set forth in the following Order.
  4. The proceeding should be closed.

ORDER

IT IS ORDERED that:

  1. The City of Sacramento is authorized to construct a new public grade-separated highway-rail crossing under the tracks of the Sacramento Regional Transit District at milepost 4.99, in the City of Sacramento, Sacramento County.
  2. The new public Ramona Avenue grade-separated highway-rail crossing shall have the configuration described above and specified in the City of Sacramento’s application and its attachments and addendum. The new public Ramona Avenue grade-separated highway-rail crossing shall be identified as California Public Utilities Commission Crossing Number 083E-4.99-B.
  3. The City of Sacramento shall notify the California Public Utilities Commission’s Safety and Enforcement Division, Rail Crossings and Engineering Branch at least five business days prior to opening the grade-separated highway-rail crossing. Notification must be made to .

4.  Within 30 days after completion of the work under this order, in accordance with California Public Utilities Commission General Order 75-D, Section 12.1, the City of Sacramento shall notify the Rail Crossings and Engineering Branch in writing, by submitting a completed California Public Utilities Commission Standard Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work. Form G requirements and forms can be obtained at the California Public Utilities Commission web site Form G page at http://www.cpuc.ca.gov/Crossings. This report may be submitted electronically to .

5.  The City of Sacramento shall comply with all applicable rules, including California Public Utilities Commission General Orders, the United States Department of Transportation’s Americans with Disabilities Act Standards for Transportation Facilities and the California Manual on Uniform Traffic Control Devices.

  1. The City of Sacramento has three years to exercise the authority to construct the Ramona Avenue highway-rail crossing, unless time is extended. The California Public Utilities Commission may revoke or modify this authorization if public convenience, necessity, or safety so requires.
  2. A request for extension of the three-year authorization period must be submitted to the California Public Utilities Commission’s Safety and Enforcement Division, Rail Crossings and Engineering Branch at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties.
  3. The application is granted as set forth above.
  4. Application 16-09-012 is closed.

This order is effective today.

Dated January 19, 2017, at San Francisco, California.

MICHAEL PICKER

President

CARLA J. PETERMAN

LIANE M. RANDOLPH

MARTHA GUZMAN ACEVES

CLIFFORD RECHTSCHAFFEN

Commissioners

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[1] CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(a).

[2] CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(b).

[3] CEQA Guidelines, Sections 15050(b) and 15096.

[4] CEQA Guideline Section 15096(g).