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HomeMy WebLinkAboutAgenda Bill 7.A 01/26/2004CITY OF PETALUMA, CALIFORNIA AGENDA BILL J A N 2 �� � Agenda Title Meeting Date: January 26, 2004 Conduct a Public Hearing and introduce Ordinance adopting a Precise Plan Line for Caulfield Lane between Lakeville Street and Meeting Time 3:00 PM Hopper Street 7:00 PM Category (check one) ❑ Consent Calendar Public Hearing New Business ❑ Unfinished Business ❑ Presentation Department Director Contact Person Phone Number Community Mike Moo f ffn Craig Spa l 'ing 778 -4301 Development I I - Cost of Proposal N/A L&I Account Number N/A Amount Budgeted N/A �` Name of Fund: N/A Attachments to Agenda Packet Item Ordinance with Legal Description - and Plat Aerial Photo with Alignment Letters from property owners. Draft Public Utilities Commission '(PUC) Application Summary Statement The Precise Plan Line for Caulfield Lane between Lakeville Street and Hopper will provide future right -of- way access to the existing wastewater treatment plant, corporation yard, the Pomeroy Corporation property and the vacant property adjacent to the Petaluma River. In conjunction with this right -of -way determination, the Council is also being asked to authorize the City Manager to sign and forward an application to the state Public Utilities Commission requesting approval of an at -grade railroad crossing at Caulfield Lane. An approved crossing at Caulfield will ultimately result in the closing of the existing crossing at Hopper Street. SMART and the Northwestern Pacific Railroad. freight hauler are both in support of this application. Recommended City Council Action /Suggested Motion Approve proposed alignment and introduce Ordinance adopting Caulfield Lane Precise Plan Line Authorize the City Manager to sign and forward the PUC °application for a Caulfield Lane at -grade crossing Reviewed by Finance Director: Reviewed b t Attorne : eF. 'Approved b 4 Citv Manager: Date: Date: l I TT Today's Da : Revision # and Date Revised: File Code: # January 14, 2004 1 CI'T'Y OF PETALUMA, CALIFORNIA January 26, 2004 • AGENDA REPORT FOR CONDUCT A PUBLIC HEARING AND INTRODUCE ORDINANCE ADOPTING A PRECISE PLAN LINE FOR CAULFIELD LANE BETWEEN LAKEVILLE STREET' AND HOPPER STREET EXECUTIVE SUMMARY The Precise Plan Line for Caulfield Lane between Lakeville Street and Hopper-will provide future right - of -way access to the existing wastewater treatment plant, corporation yard, the Pomeroy Corporation property and the vacant property adjacent to the Petaluma River. 2. BACKGROUND Recent development applications in the vicinity of Lakeville Street and Caulfield Lane, and future access as indicated in the Central Petaluma Specific Plan, have created the need to establish a Precise Plan Line for a future right -of -way as well as move toward securing an at -grade crossing of the railroad tracks. The subject Precise Plan'Line defines a right -of -way for Caulfield Lane between Lakeville Street to • Hopper Street. Right -of -way alignment and width is based on Specific Plan traffic counts, thoroughfare standards and intersection lane geometry. The alignment also meets the needs of the existing owner and future development of the subject property (APN 005- .060 -031). The Planning Commission conducted a public hearing on December 9, 2003 and recommended approval of the Caulfield Lane Precise Plan Line to the City Council. Subsequently, the City Council, on January 5, 2004, adopted a Resolution of Intent to establish a Precise Plan Line and conduct a public hearing. According to Chapter 13.20.140 of the Petaluma Municipal Code, the City Council, shall hear the matter and order by Ordinance the - establishment of a Precise Plan Line, or, modify the proposed Precise Plan Line as the City Council may deem proper. Staff has reviewed the traffic counts, lane geometry, alignment, and legal description and has found them to be adequate and consistent with the intent of the Specific Plan and future development. A legal description and plat have been prepared and attached including an exhibit- reflecting the assignment over an aerial photo of the subject site. Also attached for your information is a draft application to, the state Public Utilities Commission (PUC) that will initiate the'process of securing an at -grade crossing at Caulfield Lane and the eventual closing of the existing crossing.at.Hopper Street. Council direction is requested to authorize the City Manager to sign and forward the application to the PUC. ALTERNATIVES Continue public hearing and delay introduction of Ordinance. 4. FINANCIAL IMPACTS N/A r • 5. CONCLUSION The Community Development, Department finds that the proposed Precise Plan Line provides orderly and efficient'iraffic'circulation for'future right -of -way access. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS. THAT WILL IDENTIFY SUCCESS' OR COMPLETION: N/A , 7. IZECOMMENDATION Approve proposed alignment and introduce Ordinance adopting Caulfield Lane Precise Plan Line. Authorize the City Manager to sign and forward the PUC application. SACC -City CoundhReports\Caufield Plan Line 012605.doc • • I ORDINANCE NO. N.C. S. 2 3 Introduced By Seconded By 4 5 6 7 8 9 AN ORDINANCE ESTABLISHING A PRECISE PLAN LINE FOR THE 10 RESERVATION OF FUTURE RIGHTS -OF -WAY FOR CAULFIELD LANE 11 BETWEEN LAKEVILLE STREET AND HOPPER STREET 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 14 FOLLOWS: 15 16 Section 1 . That the City Council finds that on December 9, 2003 the Planning 17 Commission forwarded to the City Council an affirmative recommendation relative to the 18 establishment of a Precise Plan Line and that said recommended Precise Plan Line is 19 further designated and, shown on that certain description attached hereto, designated 20 Exhibit A and Exhibit B, and by reference�made a part hereof. 21 22 Section 2 . The City Council further finds that said Planning Commission held 23 a hearing on said proposal to establish Precise. Plan Line on .December 9, 2003, after 24 having given notice of the hearing in the manner, for'the period in the form required by 25 Ordinance No. 597 N.C.S. 26 27 Section 3 . The City Council further finds that notice of the public hearing 28 required to be held by the City Council upon receipt of the Planning Commission 29 recommendation and as set forth in Resolution No. 2004 -005 N.C. S. duly adopted by 30 this Council on January 5, 2004 was given in the manner, for the period and in the form 31 required by Ordinance No. 597 N.C.S. 32 33 Section 4 . The City Council further finds that, after the public hearing on 34 January 26, 204, no protests or objections to said proposed Precise Plan Line which 35 should be sustained were received; and that, any changes and modifications were made to 36 said proposed Precise Plan Line and that the public safety, comfort, convenience, interest 37 and welfare required by the adoption of the recommended Precise Plan Line is consistent 38 with the purposed of Ordinance No. 597. 39 40 Section 5 . That pursuant to Ordinance No. 597 the City Council hereby 41 orders the establishment of the Precise Plan Line described above, and further designated 42 on Exhibit A and Exhibit B attached hereto and by reference made a part hereof. 43 44 Section 6 . The City Clerk is hereby directed to publish this ordinance 45 including Exhibit A. and Exhibit B attached hereto, in the manner and for the period 46 prescribed by the City Charter. 1 • 2 INTRODUCED AND ORDERD published this 26 day of January 2004. 3 4 5 ADOPTED this day of 2004, by the following 6 vote: 7 8 9 APES: 10 11 12 13 NOES: 14 15 16 17 ABSENT: 18 19 20 Mayor 21 22 23 ATTEST: 24 25 26 27 Approved: 28 City Clerk 29 30 31 City Attorney r� EXHIBIT -A- CAULFIELD 'LANE EXTENSION PRECISE PLAN LINE BOUNDARY SEE EXHIBIT "W FOR LEGAL DESCRIPTION 0 FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY P.O.B. A 86* ��. , qq . " P.O.C. 10 s 8 'o Z 80 '54'3g Z54-54� 2 2 q O 8 "CtOHA& S, INC. 2627,0.R. 3.38 4, APN 005-060-031 7 5 I . 6 McPH41L :5, 1AIC. D . 2627 O.R. 338 J rn 010 APN 005-060-031 to 00 O A o 0 9 1-1414 S ST P9C /FjG O 008 411,90 1927" ON ? 00 1 , xz 0, No W4 . ... ... . COURSE DATA -- I S 03*28'00" W 0.83' 0 Z,4-/ ��*4 . 6-tr oo,> 2 L=57.03' R=38.00' D=85*59'20". I S 00*27'03" E 61.55' 0 16 4 S 05'02'07" E 50.16' LEGEND 5 S 00*27'03" E 47.98' 6 N 00*27'03" W 41.82' A • FOUND 1/2" IRON PIPE .7 N 04*06'41 " E 50.17' TAGGED LS 4419 8 N 00'27'03" W 9 L=40.88' R=38-00 52.49' D=61'38'21" FOUND 1/2 IRON PIPE 10 N 86'32'00" W 21.11' TAGGED LS 3489 P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 776., 6AYWOOD SUITE 312 PETALUMA. CALIFORNIA 94954 707 FAk 3239 M10C I 4. /)M/,^ I I) flnnACVA EXHIBIT E LEGAL DESCRIPTION PRECISE PLAN LINE FOR THE CAULFIELD LANE EXTENSION PETALUMA, CALIFORNIA SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OF THE MCPHAILS INC. A•CORPORATION, AS DESCRIBED IN DEED RECORDED IN BOOK,2627 OFFICIAL RECORDS AT PAGE 338, SONOMA COUNTY RECORDS AS SHOWN. ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 600 AT PAGE 32, SONOMA COUNTY RECORDS AND ALSO BEING APORTION OF THE LANDS OF'PETALUMA RIVERFRONT, LLC, A CALIFORNIA LIMITED, LIABILITY COMPANY AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2001 - 118292, SONOMA COUNTY RECORDS AS SHOWN ON THAT CERTAIN.RECORD OF SURVEY FILED IN BOOKA34 OF MAPS AT PAGE 17 SONOMA COUNTY RECORDS AND ALSO BEING A, PORTION OF THE LANDS OF NORTHWEST PACIFIC RAILROAD AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED.IN BOOK 434 OF MAPS AT PAGE 17, SONOMA COUNTY RECORDS„ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND ONE -HALF INCH IRON PIPE TAGGED L.S. 4419 MONUMENTING THE MOST NORTHERLY ,CORNER OF SAID LANDS OF MCPHAIL'.S, INC. AS SHOWNQWSAID RECORD OF SU.RVEY'(600 MAPS 32); THENCE ALONG THE SOUTHERLY LINE OF LAKEVILLE HIGHWAY AS SHOWN ON SAID RECORD OF SURVEY (600 MAPS 32) SOUTH 86* 32'00' EAST, 198.38 FEET TO THE POINT OFBEGINN/NG,OF THE HEREIN. DESCRIBED PARCEL; THENCE'SOUTH''03 28' 00" WEST, 0.83 FEET; THENCE.ON ANON- TANGENT CURVE CONCAVE SOUTHWEST, WHOSE CENTER BEARS SOUTH 03'33! 37" WEST HAVING A RADIUS OF 38.00 FEET, THROUGH A.CENTRAL ANGLE OF 85° 59'20" AN ARC LENGTH OF 57._03 FEET; THENCE SOUTH 00° 27' 03 61.55 FEET; THENCE SOUTH 05 02' 07 "`EAST, 50.16 FEET; THENCE SOUTH 00° 27' 03" EAST, 47.98 FEET; THENCE.ALONG A TANGENT CURVE TO THE LEFT HAVING.A RADIUS OF 261.00 FEET, THROUGH A CENTRAL ANGLE OF 31 10' 09" AN ARC LENGTH OF 141.99 FEET; THENCE ALONG A REVERSE CURVE HAVING A RADIUS OF 189.00 FEET, THROUGH A CENTRAL ANGLE OF 44 15' 52" AN ARC LENGTH OF 146.01 FEET TO THE SOUTHERLY LINE OF°SAID LANDS OF,MCPHAILS INC., THENCESOUTH 12° 38'40" WEST,.60.43 FEET TO A CORNER OF THE, SAID LANDS OF PETALUMA RIVERFRONT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS SHOWN ON SAID RECORD OF SURVEY (434 MAPS17), THENCE ALONG THE WESTERLY LINE OF SAID LANDS OF 'PETALUMA RIVERFRONT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY SOUTH 12° 38' 40" WEST, 30.17 FEET TO A FOUND ONE -HALF' INCH IRON PIPE TAGGED L.S. 3489 MONUMENTING THE MOST NORTHERLY CORNER OF THE LANDS•OF THE CITY OF PETALUMA AS DESCRIBED INDEED RECORDED IN BOOK 2744 OFFICIAL'RECORDS AT PAGE 63.3 SONOMA COUNTY RECORDS AS SHOWN ON SAID RECORD OF SURVEY (434 MAPS 17); THENCE ALONG SAID LINE SOUTH 777 19' 27" EAST, 72.00 FEET; THENCE NORTH 12'38'4o EAST,'90d64 FEET TO THE SOUTHERLY LINE OF SAID LANDS OF MCPHAILS, INC. THENCE ALONG A TANGENT CURVE TO THE LEFT. HAVING A RADIUS OF 261.00 FEET, THROUGH A CENTRAL ANGLE OF 44° 15'52" AN ARC LENGTH OF 201.64 FEET; THENCEALONG A REVERSE CURVE HAVING A RADIUS,OF 189100 FEET, THROUGH A CENTRAL ANGLE OF 31° 10' 09" AN ARC LENGTH OF 102.82 FEET; THENCE NORTH 00° 27' 03' WEST, 41.82 FEET; THENCE NORTH'04 06'41" EAST, 50.17 FEET THENCE:NORTH 00'27'03" WEST 52.49' FEET THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 38:00 FEET, A CENTRAL ANGLE OF 61" 38' 21" AN ARC LENGTH OF 40.88 FEET TO THE SOUTHERLY LINE OF LAKEVILLE,HIGHWAY; THENCE ALONG SAID LINE .NORTH .80' 54'54" WEST, 115.78 FEET; THENCE CONTINUING ALONG SAID LINE:NORTH 86° 32' 00" WEST, 21.11 FEET TO THE POINT OF BEGINNING, CONTAINING 42,820 SQUARE FEET (0.98 ACRES) MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVE MENTIONED RECORD OF SURVEY (600 MAPS 32). THE FINAL LEGAL DESCRIPTION FOR DEDICATION OF PUBLIC RIGHT OF WAY MAY VARY FROM THE PRECISE PLAN BO D.ARY DESCRIPTION BASEDON FINAL DESIGN AND CONSTRUCTION. STEVEN J. LAFRANCHI, P.L.S. 6368 DATE EXPIRATION DATE 12/31/06 STEVEN J. LAFRANCH1 & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707- 762 -3122 FAX 707 - 762 -3 01499Caul6dt .doc • R.C.E. 49302 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS — LAND SURVEYORS PETALUMA MARINA.BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707 - 762 -3122. FAX 707 - 762 -3239 LETTER OF AUTHORIZATION P.L:S. 6368 On behalf of Petaluma Riverfront, LLC, I the undersigned hereby approve and authorize the Precise Plan Line Boundary for the Caulfield.Lane Extension of way as described and shown on the attached legal description and exhibit. Matthew White Dat 01499A- autholdoc R.C.E. 49302 STEVEN J. LAFRANCHI &. ASSOCIATES, INC. CIVIL ENGINEERS' - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE'.312, PETALUMA CA 94954 TEL 707- 762 -3122 FAX 707 -762 -3239 LETTER OF AUTHORIZATION P.L.S. 6368 On behalf of.McPhails, Inc., I the undersigned "hereby approve and authorize the Precise Plan Line Boundary for the,Caulfield Lane Extension right of way as described and shown on the attached legal description and exhibit. Dennis Parsons, Vice President CFO 1/ 6 l - Date • • 01499A- autho.doc BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION In the Matter of the Application of the City of Petaluma, a Municipal. Corporation, for an Order Authorizing the Relocation of One At -Grade Crossing of the Tracks of the Northwestern Pacific Railroad Authority in the City of Petaluma, County of Sonoma. Application go ,APPLICATION OF THE CITY OF PETALUMA FOR AN ORDER AUTHORIZING THE RELOCATION OF ONE AT- GRADE CROSSING OF THE TRACKS OF THE NORTHWESTERN PACIFIC RAILROAD AUTHORITY IN THE CITY OF PETALUMA, COUNTY OF SONOMA Pursuant to Public Utilities Code §§ 1201, et seq. and Rules 38 and 39 of the is Commission's Rules of Practice and Procedure, the City of Petaluma, a municipal corporation ( "Petaluma" or "Applicant?'), hereby files this application for an order authorizing the relocation of the at -grade crossing of the railroad tracks of 'the Northwestern Pacific Railroad Authority located at the intersection of Hopper Street and Lakeville Street in the City of Petaluma, County of Sonoma. The crossing is proposed to be relocated approximately 2000 feet to the east, from mile post 5 -38.3 to mile post 5- 37-.8, in order to improve vehicular and pedestrian safety and in furtherance of the traffic circulation upgrades for the area established in the 1987 General Plan of the City of Petaluma and the recently approved Central. Petaluma Specific Plan. In support of this Application, Petaluma provides the following information: Identity of Applicant (Rules 15(a) and (b)). Applicant, City of Petaluma, is a duly organized municipal corporation, having been formed by charter in accordance with California law. As a municipal corporation, Petaluma exercises jurisdiction over all municipal functions, including the construction, reconstruction and • maintenance of a system of public roads within its geographic boundaries. Correspondence and communications regarding this Application should be directed to: Mr. Mike Bierman City Manager City of Petaluma 11 English Street, Box 61 Petaluma, CA 94952 Tel: (707) 778 -4345 Fax: (707) 778 -4419 With a copy to: Jose E. Guzman, Jr. NOSSAMAN, GUTHNER, KNOX & ELLIOTT LLP 50 California Street, 34th Floor San Francisco, CA 94111 -4799 Tel: (415) 398 -3600 Fax: .(415) 3 98-243 8 2. Description of Authority Requested (Rules 15 and 3 Petaluma seeks an order from this Commission, pursuant to Public. Utilities Code §§ 1201, et seq., authorizing the relocation of one existing public at -grade crossing of the railroad tracks of the Northwestern Pacific Railroad Authority (the "NWPRA ") in the City of Petaluma. This railroad line is the main line of the former Northwestern Pacific Railroad Company. The railroad line currently is owned by the NWPRA, a joint powers authority formed in accordance with California law. As explained in greater detail below, there have been no train movements over this railroad line since at least December, 1998. 3. Description of Proposed Crossing Relocation (Rules 38(a) -(b) and (e)- (h)) 0 • 2 Petaluma proposes to relocate the existing;Hopper Street at -grade crossing, now located at railroad milepost 5 -38.3. Petalumaproposes to close the crossing at its current location and construct anew replacement at -grade crossing approximately 2,000 feet to the east, at a proposed southward extension of Caulfield Lane; in the City of Petaluma. When completed, at its point of crossing of the railroad tracks, Caulfield Lane will be atwo -lane public street, approximately 65 feet in width. The proposed new crossing w'il'l be located generally to the south and the west of the : intersection of U.S. Highway° 101 and State Highway 116 (the Lakeville Highway), and approximately 1400 feet north of the Petaluma River, in the City of Petaluma, County of 'Sonoma. At the point of the .Dfobosed ,Caulfield Lane replacement crossing, the NWPRA railroad tracks .run east to west. Caulfield Lane. will be a north/south public street at its point of crossing with the.railroad tracks. The new crossing is proposed to be constructed at railroad milepost 5 -37.8. The nearest existing crossings to the proposed Caulfield Lane crossing are the at -grade Rush Creek crossing to the east (railroad milepost 5 -28.5, in the City of Novato) and the at -grade Hopper Street crossing to the west (railroad milepost 5 -38:3, in the City of Petaluma). This latter crossing would be closed' and replaced with the at -grade Caulfield Lane crossing. A legal description of the property constituting the proposed :newzrossing is attached hereto as Exhibit 1. Attached hereto as Exhibit 2 is a map showing the proposed anew crossing, the rail line to be crossed and the stre=ets in this general area of Petaluma. Attached hereto as Exhibit 3 is a map showing all streets, roads; °property :lines, tracks, buildings, or other obstructions to view for a distance of at least 400 feet along the railroad and 200 feet along the street in each direction from the proposed crossing. Attached hereto as Exhibit 4 is a profile- diagram showing the ground line and grade line' and the rate of grades of approach on the • streets and the railroad tracks associated with the new proposed crossing. Petaluma proposes to constructthe new crossing in accordance with the Commission's General Order No. 72 -B, preferably using pre -cast or cast in place,reinforc . ed concrete panels between a.o ndnieither side of the railroad. tracks (G.O. 72 -B, Standard No, 8).: Applicant proposes the installation of the Standard No. 9,, automatic gate type crossing protection device as specified in Commission General Order No. 75 -C or, if the Commission orders, itwill install four quadrant gates as recently approved "for use by the Commission. 4. Statement of Public Need '(Rule 38(c)). Attached hereto as Exhibit S, is a duly certified copy of a Notice of Exemption signed by the City Manager of the City of Petaluma on , 2003, authorizing the filing of lihig Application with the Commission. There are two significant public`benefits being achieved in Petaluma by the proposed closure of the Hopper Street crossing and its relocation to the proposed new Caulfield Lane location. The first public. benefit is improved safety. The Hopper Street crossing. intersects _the railroad tracks at an acute angle, is at an intersection that is not signalized, and is. located within 660 feet of the °busy intersection of "D" Street and Lakeville Street. In addition, there is ,a secondary street, also named Lakeville Street, that is a "frontage >road" between they RR tracks and the main Lakeville Street that would be eliminated. This frontage road is approximately 40 feet from Lakeville Street and provides access from "D" Street to three properties between. "D" Street °and Hopper Street: This added roadway at the intersection of "D" and Lakeville Streets creates a circulation hazard that, with' its elimination, will improve both the'safety.and operations at the above- mentioned intersection. 4 L iJ ®' Finally, the crossing equipment for the Hopper Street crossing is lold and outdated. In contrast, the replacement crossing at Caulfield;Lane will cross the railroad tracks at 'a 90 degree angle, will be located at a new, fully signalized intersection, and will utilize the latest state of the art crossing equipment. The second,public benefit is improved traffic circulation that furthers: the City of Petaluma's long -range planning efforts. The City of Petaluma's General Plan, which was adopted in 1987, anticipates and recommends that primary access to the real property bounded by U.S. Highway 101 to the east, "D" Street to the west, State,Highway 116 , (Lakeville Highway) to the north and the Petaluma River to the south (such land is referred to herein as the "Lower Reach ") be accomplished `by means of the extension of Caulfield Lane. (see Exhibit 2 for a depiction of the Lower Reach and the Caulfield Lane extension). The more recent Central Petaluma Specific Plan, which was adopted on June 2; 2003, also anticipates access to the Lower Reach via the Caulfield. extension. Such access will be safer, as.noted above, and is also more efficient than the Hopper Street crossing, as it provides more direct access to the Lower Reach from U.S. Highway 101. Finally,, although not expressly part of this application, closing the Hopper Street crossing presents an opportunity for the future railroad freight operator to relocate the freight and team track facility to the parcels at the corner of "D" and Lakeville Streets. If the future freight operator chooses to relocate to this site, or.off the existing depot site to any alternative site the "Drill Line" and railroad spur °that currently cross "D" Street approximately '100 feet and 120 feet south of Lakeville Street will also be removed, furtherteducingthe number of at -grade crossings. It should be noted that the current property owner of the subject parcels, the freight operator, the North Coast Railroad Authority, the Northwestern Pacific Railroad Authority, the 5, .. Sonoma Marin Area Rapid. Transit District and the City of Petaluma are negotiating the terms of • such a relocation plan, but no final plan or timeline has been established. 5. Crossing (Rule 38(d)). Petaluma'proposes the construction of an at -grade crossing at Caulfield:Larie instead of a separated grade crossing because (1) the Lower Reach is currently served, by the Hopper Street 'at -grade crossing, and this application merely serves to relocate; and upgrade such at -grade crossing to provide access to the very same Lower Reach parcels of land, (2) the use of at -grade crossing protection devices such as Standard No. 9, automatic gate type. devices (see,. Commission. General Order No.. 75 -C) or four, quadrant gates will adequately protect the public safety; and (3) construction of a grade sepafation is physically infeasible at the proposed - location. (a) Level of'Traih�and Vehicular Traffic Regarding the projected levels of train and vehicular traffic that will use the crossing, as previously, noted, there has been no train traffic on this part of the NWPRA main line since at least December, 1998. On December 9, 1998, pursuarit to Emergency Order No. 21, 63 Fed. Reg. 67976, the Federal Railroad Administration ( "FRA ") ordered the discontinuance of all train operations over entire NWPRA system due. in part to the poor track conditions on the NWPRA -rail 'lines and "the poor condition of numerous - at -grade crossings and grade crossing protection devices at these crossings. Members of the Commission's Rail Safety & Carriers Division participated in and closely. assisted the FRA in 1908 with the inspections of NWPRA rail facilities which'lead to the discontinuance of train operations over -the entire NWPRA rail system. There are no current plans to resume train operations over the NWPRA rail lines, including the line which Caulfield Lane. will cross. 0 Regarding the projected vehicular traffic, that would use the, Caulfield Lane crossing, the Final EIR certified by the City of Petaluma.in connection with adoption of the Central Petaluma Specific Plan (CPSP), contained future cumulative traffic volumes for the main intersections within the specific plan. These intersections, included those along the RR corridor where at -grade public street crossings currently, and will continue to occur. Of the intersections studied, the volumes projected for the foilowingintersections,were comparable: Washington/Lakeville, "D" /Lakeville and Caulfield/Lakeyille. The FEIR studied these intersections and where necessary, recommended modifications to improve the vehicular circulation and intersection Level of Service. The CPS'P Final EIR concluded that the extension of Caulfield Lane was consistent with the existing 'General Plan, would provide access to the Lower Reach, and would hot constitute a significant environmental impact if fully implemented as envisioned in the Specific Plan and General Plan. (b) Standard At -Grade Crossing Protect bri Devices Will Ensure Public Safe Given the absence of rail traffic on the NWPRA rail line and the relatively small number of motor vehiclesprojected to use the crossing; Petaluma asserts that the use of standard at -grade crossing protection devices — e.g., the Standard No. 9 automatic gate type device described in Commission General Order No. 75 -C,: or four quadrant gates — is completely adequate to protect tthe public safety at the proposed.Caulfield Lane crossing. In addition, the closure of the Hopper Streetat -grade crossing will, for the reasons:stated above, add to the public's safety in the crossing of the NWPRA's tracks in this area of the City. (c) Physical Infeasibility of Constructing a Separated Grade Crossing Because of the physical proximity of the proposed at -grade crossing to the Petaluma River to the south and to the State Highway 116 (the Lakeville Highway) to the north, 7 it is physically infeasible to construct a separated grade crossing in lieu of the proposed at-grade • crossing. The proposed at -grade crossing of'Caulfield`Laneis less than 1400 feeth6tth of the Petaluma. River. Thus, the water table in this particular geographic area is relatively.high and the construction of any faulfield Lane underpass of the NWPRA railroad tracks or the construction of any Caulfield Lane overpass of the NWPRA tracks will be severely impacted by the water °table and will impose serious complications.to such construction. In particular, with respect to any proposed Caulfield Lane underpass of the NWPRA rail line, the elevations 'of such an underpass project are as follows: ® Top of rail,elevation: 10♦0 feet . ® Railroad bridge :thickness: 6.0 feet ® ;Clearancefroin bottom' of` bridge to road.. 18.0 feet o Required road elevation: - 14.0 feet Elevation --14.0 is significantly below the 'elevation of tidal flows in the Petaluma River. Thus, it is not practicable to construct a CaulfieldLane`underpass crossing of the NWPRA tracks. With respect to any proposed Caulfield Lane over - crossing of the'NWPRA tracks, the elevation of a bridge deck is determined as follows: e 'Top of rail "elevation: 10.0 feet ® Bridge Clearance: 24.0 feet, Bridge thickness'(including falsework): 6.0 feet ® Required bridge deck elevation. 40.0 feet Any Caulfield Lane bridge over- crossing of the NWPRA railroad tracks will require connection with the existing pavement on the Lakeville, Highway at an elevation of 9.0 feet. The maximum slope of Caulfield Lane between Lakeville Highway and the N railroad tracks is 5 9/o, in order to comply with the sidewalk standards set forth in the Americans with Disabilities Act ( "ADA "). The,d stance between the Lakeville Highway and the NWPRA railroad tracks is approximately 500 feet. The maximum B road elevation at the NWPRA tracks is as follows: ® Pavement elevation of Lakeville.Highway: 9.0 feet ® 500 .feet at 5% maximum slope per ADA: 25.O:feet ® Maximum elevation of pavement at railroad per ADA: 34.0 feet The maximum road elevation at'the.railroad tracks with a maximum 5% slope as specified by the ADA is 34.0 feet, which is less than the 40 feet minim elevation clearance of a bridge over the railroad tracks. 'Thus, a Caulfield Lane over- crossing is impracticable without either non - compliance with the ADA or the construction of 'an underpass crossing of Caulfield Lane for the Lakeville Highway. The significant additional cost .of constructing an underpass crossing by Caulfield.Lane for the Lakeville Highway in order to accommodate a separated grade crossing by Caulfield Lane of the NWPRA railroad track& is simply not warranted in this situation. Attached hereto as Exhibits 7 -A and 7 -13, are engineering drawings illustrating the impracticability of constructing either Caulfield Lane underpass or overpass of the NWPRA tracks. 6. Review Under the'California Environmental Quality Act (Rule 17.1). The California Environmental Quality Apt .(Public Resources Code §§ 21000, et seq.) requires the City of Petaluma (the lead agency under CEQA) to conduct an environmental analysis of the project. Initially, the City if Petalurn a conducted an environmental analysis of the Circulation System for the Central Petaluma Specific Plan, which includes the proposed at -grade Caulfield Lane crossing. With respect to the project itself, that being the closing of Hopper Street and extension of an at -grade railroad crossing,of.Caulfield Lane, the City of Petaluma 9 determined that pursuant to Section -15183(a) of Article 12 of the California Gode.of Regulations (the "CEQA Guidelines "),°the project as described herein is consistent with the adopted Specific Plan, as well' as the General "Plan, and concluded that no further environmental review is necessary. In compliance with Rule 17.1(d) of the Commission's Rules of Practice & Procedure, the City of Petaluma: attaches as its Proponent's Environmental Assessment ( "PEA ") Exhibit 6 hereto, which is, a copy of the Notice of Exemption duly 'executed by the City of Petaluma on , 2003. The environmental analysis conducted in the CPS'P Final EIR and the'N'otice of' Exemption- meets the requirements of Rule 17.1(d)(1) by concluding that with respect to the proposed construction oaf the Caulfield Lane crossing and the proposed closure of the Hopper Street crossing, "it can be seen with certainty that there Is no possibility that the project'in question may have a significant adverse effect- on the environment ..." T. Service of Application on Railroad (Rule 3`8(i)).. In accordance with Rule 38(i) of the Commission's Rules of Practice and Procedure, Petaluma has served a copy of this Application,on .the.,Northwestem Pacific Railroad Authority and the Sonoma Marin Area Rapid Transit District, as 'indicated on the attached Certificate of Service. 8. Categorization of Application P&suantto SB 960 Pursuant to the requirements of SB 960 and Article 2:5 of the Commission's Rules of Practice and Procedure, Petaluma proposes that this Application be categorized as a " ratesetting ' proceeding. Although this Application does not fit the definition - of a "ratesetting" proceeding as set forth in Rule 5, Rule 6.1(c) directs that proceedings that do not specifically fit is 10 any of the category definitions.set forth in.Rule 5 should be categorized as "ratesetting" proceedings. Petaluma does: not believe that hearings will be necessary on this Application. Given the information provided in this application with respect to the lack of train traffic on this rail line, the information demonstrating the physical impracticability of constructing a separated grade crossing, and the fact that this Application concerns the simple relocation of an existing at- grade crossing to serve the same properties, Petaluma cannot conceive of what issues might be raised in any protest to this Application. Nonetheless, should a protest to this Application be filed and should the Commissioner assigned to the Application determine that hearings are needed, Petaluma proposes the following schedule for this proceeding: Preheating conference: Evidentiary hearings: Briefs filed: Proposed decision issued: Comments on PD filed: Reply comments filed: Final Commission decision [SIGNATURE ON FOLLOWLNG PAGE] 11 WHEREFORE, the City of Petaluma respectfully request that the Commission • issue an order (1) authorizing the City to construct the proposed Caulfield Lane at -grade crossing of the Northwestern Pacific Railroad Authority tracks atrailroad milepost °5 -37.8; and (2) authorizing the City to close the existing Hopper Street,at =grade crossing located at railroad milepost 5 =383. DATED: April 2003 Respectfully submitted City of Petaluma By Mike :Bierman City Manager City of 'Petaluma 11. English Street Box 61 Petaluma, CA 94952 Tel: (707) 778 -4345 , Fax: (707) 778 -4419 a 12 ,. _,,. i� u o.� ;I" �I