A.17-07-009 ALJ/GK1/ek4

ALJ/GK1/ek4 Date of Issuance 2/9/2018

Decision 18-02-007 February 8, 2018

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the PENINSULA CORRIDOR JOINT POWERS BOARD, for an Order Authorizing Construction of a new grade separated pedestrian underpass at PCJPB MP 9.34 (DOT No. 973254B) in the City of South SanFrancisco in the County of SanMateo. / Application 17-07-009

DECISION GRANTING AUTHORIZATION TO THE PENINSULA CORRIDOR JOINT POWERS BOARD TO CONSTRUCT A NEW GRADE-SEPARATED PEDESTRIAN UNDERPASS CROSSING IN THE CITY OF SOUTH
SAN FRANCISCO, COUNTY OF SAN MATEO

Summary

This decision grants the Peninsula Corridor Joint Powers Board (PCJPB)[1] authorization to construct a new grade-separated pedestrian underpass crossing owned and operated by PCJPB in the City of South San Francisco in the County of San Mateo. The new crossing will be identified as CPUC Crossing No. 105E-9.35-BD.

1. Discussion

The proposed construction of a new grade-separated pedestrian underpass crossing is part of a larger project which will widen and improve the existing Caltrain South San Francisco Station. According to the application, the project will include a new concrete center platform, which includes a pedestrian underpass comprised of precast concrete box sections connected to a center platform access ramp built of cast-in-place concrete, approach ramps consisting of cast-in-place concrete retaining walls, and a new landscaped station plaza that will be lower than the original grade.

The project will require:

Construction of track shooflies; removal, salvage, and shifting of approximately 7,500ft of existing tracks; construction of approximately 3,000ft of new track; construction of new drainage system and pump station; replacement of existing signal bridge; and upgrades to an existing at-grade crossing including new signals. …The final reconfiguration will consist of five tracks at the crossing location. Other items of work include construction of cast-in-drilled-hole foundations for an Overhead Catenary System (OCS); relocation of JPB fiber optic line underneath new center platform; removal of existing concrete loading dock; new curbs, sidewalks, street striping, and drainage systems.[2]

The railroad corridor at this location has six tracks that carry 90 passenger trains each day.[3] The speeds of these trains are approximately 79 miles per hour.[4] The nearest public crossings along the railroad tracks are 105E-9.22A at Grand Avenue in the City of South San Francisco and 105E-9.27A at US
Highway 101 also in the City of South San Francisco.[5] The project was advertised in April 2017, with construction anticipated to begin in the Fall of 2017 and is expected to be completed within two years.[6]

The current Caltrain station in South San Francisco operates below efficiency and has poor accessibility.[7] The project will help to improve both efficiency and improve accessibility by replacing the existing at-grade crossing with a new grade separated Americans with Disabilities Act compliant pedestrian crossing.[8] At-grade crossings are inherently less safe than
grade separated crossings. Replacing the current at-grade crossing with a
grade-separated crossing will improve accessibility and increase safety for pedestrians and cyclists.

2. Environmental Review and CEQA Compliance

The California Environmental Quality Act of 1970 (CEQA, as amended, Public Resources Code Section 21000 et seq.) 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,[9] or the one with the greatest responsibility for supervising or approving the project as a whole. Here, the PCJPB is the lead agency for this project because the project is located on the PCJPB mainline and PCJPB is undertaking the project; 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.[10]

The PCJPB has determined the South San Francisco Station and Track Work Project to be statutorily exempt under Public Resources Code
Section 21080.13 which provides exemption from CEQA for “. . . any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation.”

On September 1, 2006, the PCJPB filed a Notice of Exemption with the
San Mateo County Clerk.

The Commission reviewed and considered the Notice of Exemption and finds it adequate for our decision-making purposes.

3. Filing Requirements and Staff Recommendation

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

The Commission’s Safety and Enforcement Division – Rail Crossings and Engineering Branch has inspected the site of the proposed crossing, has reviewed and analyzed the plans submitted with the application, and recommends that the requested authority to construct the subject crossing be granted.

4. Categorization and Need for Hearings

In Resolution ALJ 176-3402, dated August 10, 2017, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were necessary. No protests have been received. However, the Commission’s Safety and Enforcement Division (SED) filed a motion for acceptance of a late-filed response on October 26, 2017.[11] The Scoping Memo, which was issued following the prehearing conference, determined that because there were no contested issues of material fact no hearings would be necessary.

There is no apparent reason why the application should not be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the determination in the Scoping Memo.

5. 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.

6. Assignment of Proceeding

Liane M. Randolph is the assigned Commissioner and Gerald F. Kelly is the assigned Administrative Law Judge to the proceeding.

7. Safety Considerations

At-grade crossings are inherently less safe than grade-separated crossings. Replacing the current at-grade crossing with a grade-separated crossing will improve accessibility and increase safety for pedestrians and cyclists.

Findings of Fact

  1. Notice of the application was published in the Commission’s Daily Calendar on July 21, 2017. There are no unresolved matters or protests. A public hearing is not necessary.
  2. The PCJPB requests authority, under Public Utilities Code
    Sections 1201-1205, to construct a new grade-separated pedestrian underpass highway-rail crossing on the Caltrain mainline.
  3. The PCJPB is the lead agency for this project under CEQA, as amended.
  4. The PCJPB prepared a Notice of Exemption for this project and filed with the San Mateo County Clerk on September 1, 2006 that includes a statement claiming the project is exempt under Public Resources Code Section 21080.13.
  5. The Commission is a responsible agency for this project and has reviewed and considered the lead agency’s Notice of Exemption, including Public Resources Code Section 21080.13.

Conclusions of Law

  1. The Notice of Exemption prepared by the PCJPB as the documentation required by CEQA for the project is adequate for our decision-making purposes.
  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. Application 17-07-009 should be closed.
  5. This decision should be effective today.

ORDER

IT IS ORDERED that:

  1. The Peninsula Corridor Joint Powers Board (PCJPB) is authorized to construct a new grade-separated pedestrian underpass crossing owned and operated by PCJPB in the City of South San Francisco in the County of
    San Mateo. The new crossing will be identified as CPUC Crossing
    No. 105E-9.35-BD.
  2. The Peninsula Corridor Joint Powers Board shall notify the Commission’s Consumer Protection and Safety Division – Rail Crossing Engineering Section at least five (5) business days prior to opening the crossing. Notification should be made to .
  3. Within 30 days after completion of the work under this order, the Peninsula Corridor Joint Powers Board shall notify the Commission’s Consumer Protection and Safety Division – Rail Crossing Engineering Section in writing, by submitting a completed 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/general.aspx?id=2878. This report may be submitted electronically to as outlined on the web page.

4.  The Peninsula Corridor Joint Powers Board shall comply with all applicable rules, including Commission General Orders and the California Manual on Uniform Traffic Control Devices.

  1. This authorization shall expire if not exercised within three years, unless time is extended or if the above conditions are not satisfied. The Commission may revoke or modify this authorization if public convenience, necessity, or safety so require.
  2. A request for extension of the three-year authorization period must be submitted to the Commission’s Consumer Protection and Safety Division – Rail Crossing 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 17-07-009 is closed.

This order becomes effective today.

Dated February 8, 2018, at San Francisco, California.

MICHAEL PICKER

President

CARLA J. PETERMAN

LIANE M. RANDOLPH

MARTHA GUZMAN ACEVES

CLIFFORD RECHTSCHAFFEN

Commissioners

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[1] PCJPB is a public agency which provides commuter train services that owns and operates a standard gauge railroad system in the Counties of San Francisco, San Mateo, and Santa Clara.

[2] Application at 2.

[3] Id. at 1.

[4] Id.

[5] Id. at 3.

[6] Id.

[7] Id.at 1 of Exhibit D.

[8] Id.

[9] CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15367.

[10] CEQA Guidelines, Section 15050(b).

[11] SED does not protest or object to the application.