A. 16-10-023 SED/EIM/RNC/MDR/AGG/FKO/ATM/vdl

SED/EIM/RNC/MDR/AGG/FKO/ATM/vdlPROP. DEC. Agenda ID #15629

Ratesetting

Decision______

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the City of Rancho Cordova to modify an existing crossing over the Mather Spur at Mills Station Road / Application 16-10-023
(Filed October 28, 2016, Amendment Filed January 17, 2017)

DECISION AUTHORIZING THE CITY OF RANCHO CORDOVA TO

MODIFY THE MILLS STATION ROADPUBLIC AT-GRADEHIGHWAY-RAIL

CROSSING OVER THE SACRAMENTO-PLACERVILLE TRANSPORTATION CORRIDOR JOINT POWERS TRACK IN THE CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO

Summary

This decision grants the City of Rancho Cordova authorization to modify the Mills Station Road at-grade highway-rail crossing of the Sacramento-Placerville Transportation Corridor Joint Powers Authority track in the City of Rancho Cordova,Sacramento County. The Mills Station Road at-grade highway-rail crossing is identified asCalifornia Public Utilities Commission Crossing Number001AH-101.80-C and United States Department of Transportation Number 753534W. On January 17, 2017, the City of Rancho Cordova filed an amendment correcting the Mills Station Road at-grade highway-rail crossing number.

This proceeding is closed.

Discussion

The City of Rancho Cordova (City) proposes to modify the public Mills Station Road at-gradehighway-rail crossing (crossing) of the Sacramento-Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA)track in the City,Sacramento County, as part of the Mather Rails to Trails Project (MRTP). Mills Station Road isa two-lane, east-west running,roadway that crossesover a single trackat an approximate 90 degree angle. Union Pacific Railroad Company (UPRR) operates approximately fourfreight trains per week at 10 mph.

The City states that the purpose of the MRTPis to provide a safe and continuous bicycle and pedestrian path from Mather Field to Folsom Boulevard. MRTP will provide off-road bicycle and pedestrian access within and among various residential and commercial neighborhoods within Rancho Cordova, and local and regional recreation opportunities for active transportation modes.

The City will include the following features in the modification of thecrossing:

  • Constructing Americans with Disabilities Act (ADA) compliant concrete pedestrian ramps with detectable warning strips in the southwest and northwest quadrants;
  • Installing a striped crosswalk on the west side of the crossing;
  • Installing ADA compliant detectable warning strips on all sidewalk approaches, located a minimum of 12 feet from the centerline of the track;
  • Installing precast concrete panels for the mainline track;and
  • Applying California Manual on Uniform Traffic Control Devices (CA MUTCD) compliant signage and pavement markings, including California Public Utilities Commission (Commission/CPUC) Standard 1-RCrossbucks,W10-1, W10-2advance warning signs and “RXR” and railroad limit pavement markings as shown on plans.

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 July 7, 2015, the City filed a Notice of Exemption (NOE) with the Sacramento County Clerk, approving the MRTP. The NOE states that the MRTP is categorically exempt under State CEQA guidelines Section 15304(h): “Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include, but are not limited to: (h) The creation of bicycle lanes on existing right-of-way”

During construction, the City will avoid tree removal unless absolutely necessary. If a tree has to be removed due to necessary construction activities, the project will comply with the City’s Tree Preservation Ordinances. Due to the highly disturbed nature of the existing railroad alignment and limited public views, trees found within the railroad corridor are not considered to be of “scenic” value. No further environmental review is necessary for this project.

Impacts identified under CEQA relating tothe modification and implementation of the crossing aspect of the project arewithin the scope of the Commission’s jurisdiction.

The Commission reviewed and considered the City’sNOE as it relatesto thiscrossing and findsit adequate for our decision-making purposes.

Filing Requirements and Staff Recommendations

This application is in compliance with the Commission’s filing requirements including Rule 3.8 of the Rules of Practice and Procedure, which relates to the alteration or relocation of an existing railroad crossing.

The Commission’s Safety and Enforcement Division, Rail Crossings and EngineeringBranch has inspected the site of the proposed crossingmodifications, reviewed and analyzed the plans submitted with the application, and recommends that the requested authority to modify the subject crossing be granted for a period of three years.

Categorization and Need for Hearings

In Resolution ALJ 176-3389, dated December 01, 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 November 17, 2016.
  2. On January 17, 2017, the City filed an amendmentto the application correcting the crossing identification number.
  3. The City requests authority, under Public Utilities Code Sections 1201-1205, to modify an existing public crossingover the tracks of the SPTC-JPA in the City,Sacramento County. The crossing is identified as Mills Station Road, CPUC Crossing No. 001AH-101.80-C and DOT No. 753534W.
  4. The City is the lead agency for this project under CEQA.
  5. On July 7, 2015, the City approved a NOE for the MRTP. The NOE states that the MRTP is categorically exempt under State CEQA guidelines Section 15304(h).
  6. The modified crossingwill provide off-road bicycle and pedestrian access within and among various residential and commercial neighborhoods within Rancho Cordova, and local and regional recreation opportunities for active transportation modes.

Conclusions of Law

  1. Safety, traffic/transportation, noise and other impacts related to the 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 NOE.
  3. Safety, traffic/transportation, and noise impacts are areas within the scope of the Commission’s permitting process.
  4. The NOE is adequate for our decision-making purposes.
  5. The NOEwas completed in compliance with CEQA.
  6. The NOE reflects the Commission’s independent judgment and analysis.
  7. No significant impacts were identified under CEQA relating to the crossingaspect of the project is under the Commission’s jurisdiction.
  8. The application is uncontested and a public hearing is not necessary.
  9. The application should be granted as set forth in the following Order.
  10. The proceeding should be closed

ORDER

IT IS ORDERED that:

  1. The City of Rancho Cordova is authorized to modify the Mills Station Roadat-grade highway-rail crossing of the Sacramento-Placerville Transportation Corridor Joint Powers Authority track in the City of Rancho Cordova, Sacramento County, identified as California Public Utilities Commission Crossing Number 001AH-101.80-C and United States Department of Transportation Number 753534W.
  2. The modifiedpublic Mills Station Road at-grade highway-rail crossing shall have the configuration as specified in the City of Rancho Cordova’s application and its attachments and addendum.
  3. The City of Rancho Cordovashall 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.
  4. Union Pacific Railroad Company shall ensure that Emergency Notification Signs are installed to comply with Title 49 Code of Federal Regulations Section 234.309
  5. Within 30 days after completion of the work under this decision, the City of Rancho Cordovashall notify the Rail Crossings and EngineeringBranch 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 This report may be submitted electronically to .
  6. At the conclusion of the project, the Sacramento-Placerville Transportation Corridor Joint Powers Authority shall electronically submit an updated Federal Railroad Administration inventory form (Form F6180.71) to the FederalRailroad Administration, reflecting the changes. Title 49 Code of Federal Regulation Section 234.409 requires the railroads to submit periodic crossing inventory updates a minimum of once every three years. Commission requests a concurrent copy of the updated inventory form be submitted to
  7. This authorization shall expire if the above conditions specified in Ordering Paragraphs 2 through 6 are not exercised within three years, unless time is extended. The California Public Utilities Commission may revoke or modify this authorization if public convenience, necessity, or safety so requires.
  8. 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.
  9. The application is granted as set forth above.
  10. Application 16-10-023 is closed.

This order is effective today.

Dated , at , California.

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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).