Caltrain Rail Corridor Use Policy (RCUP) Compatibility Review Process

Caltrain frequently receives proposals for “non-railroad uses” of its property, such as utilities, commercial businesses, development proposals, or community facilities. Caltrain has an extensive process to review and approve proposed uses of JPB property. Approved uses are issued a Property Access Agreement (such as a license agreement or a lease) that specifies the terms of use. Parties interested in using Caltrain’s property must be issued a Property Access Agreement from Caltrain in order to receive rights to utilize the railroad’s property.

For uses that will be on Caltrain property for more than 6 months and will not use a right-of-entry permit, the first step in the agency’s Property Access Agreement process is for Caltrain staff to determine if the proposed use is compatible with the railroad’s current and future needs for its property. Caltrain has a dynamic, complex rail corridor, and the RCUP was adopted by the Caltrain Board to guide the “use compatibility” decision-making process at the beginning of the Property Access Agreement review process.

A copy of Caltrain’s Rail Corridor Use Policy can be found here. The adopted policy consists of two main components: an administrative document and a map series displaying the JPB’s property along the Caltrain corridor.

The information below provides more information on the RCUP Compatibility Review Process, as well as a diagram that illustrates the process.

RCUP Compatibility Review Process

  1. Determine if RCUP Compatibility Review is needed.
    • The RCUP Compatibility Review is generally needed for any proposed use that will use Caltrain property for more than 6 months. This applies to any type of use of Caltrain property that is longer than 6 months in duration, including commercial businesses, community uses or facilities, and utilities.
    • Generally, the RCUP Compatibility Review process is not needed for proposed uses that will be on Caltrain property for less than 6 months, or for proposed uses that will be issued a right-of-entry permit. These uses can generally skip the RCUP Compatibility Review process and begin their Property Access Agreement review process with Engineering Review.
    • This is general guidance, and at their discretion, Caltrain staff may require any proposed use of Caltrain property to go undergo the RCUP Compatibility Review.
  2. Application Submission. Parties interested in using Caltrain property for longer than 6 months should fill out and submit an application for a proposed use of Caltrain’s property for the RCUP Compatibility Review Process. This applies to any type of use of Caltrain property that is longer than 6 months in duration, including commercial businesses, community facilities, and utilities.
    • Download the RCUP Use Compatibility Application here.
    • Fill out the application for the proposed project to use Caltrain’s property.
      • An example application is available for reference here.
    • Indicate the approximate location and amount of Caltrain property requested for the proposed use on an excerpt of the Rail Corridor Use Policy maps. The maps are found on pages 18-52 of the RCUP PDF here. Attach the excerpted map (the single page or pages for the proposed project) to the completed RCUP Use Compatibility Application.
    • Submit the completed application to CaltrainRCUP@samtrans.com. Emails must be smaller than 8MB to be received; if needed, please split large files into multiple individual emails.
  3. Compatibility Review. Caltrain staff will review the received application to determine if the proposed use is compatible with the railroad’s current and future needs. This review is similar to a local city’s zoning code review for compliance with the code; an overview of the RCUP review process is provided below.
    • When staff receive an application for a proposed use of Caltrain property, staff will take note of the location, type, and duration of the proposed use along the rail corridor. They will reference the RCUP maps to identify in which Caltrain Property Use Zones the proposed use would be located.
    • Staff will then consult the list of allowable uses in the RCUP to determine if the proposed use is allowable in the proposed location, and if applicable, if it will terminate before any capital projects are anticipated to start at the location.
    • Based on this review, staff will make a determination of if the proposed use would be considered compatible or incompatible with the railroad’s current and future uses.
  4. Compatibility determination. Caltrain staff will communicate the results of the compatibility review to the applicant.
    • For applications that are determined to be compatible with the railroad’s current and future needs:
      • Staff will refer the applicant to complete the rest of the Property Access Agreement process (to complete additional regulatory, engineering, and operational review).
    • For applications that are determined to be incompatible with the railroad’s current and future needs:
      • The applicant may elect to change their proposal and resubmit an application to try to start over and pass the RCUP compatibility review again.
      • If the application still is considered to be incompatible with the railroad’s current and future needs, the applicant may consider applying for an RCUP Use Variance. After paying the RCUP Use Variance application fee, staff will facilitate the Use Variance process with an applicant, to allow the Caltrain Board to make a final determination regarding the proposed use.
        1. The Caltrain Board will hear an agenda item to determine the final compatibility of the proposed use with the railroad’s current and future needs.
        2. The applicant may write an appeal to the Caltrain Board to make an exemption for their proposed use and determine it to be compatible with the railroad’s current and future needs.
        3. Staff will provide the Caltrain Board with an accompanying recommendation to approve, approve with conditions, or reject the RCUP Use Variance application.
        4. The Board’s decision is final, and there is no guarantee that the Board will approve an RCUP Use Variance application.
      • If the Board does approve an RCUP Use Variance application, staff will refer the applicant’s proposed use to complete the rest of the Property Access Agreement process (for additional regulatory, engineering, and operational review).
      • For more information about the RCUP Use Variance process, please reach out to Caltrain staff.

RCUP Contact Information

Please send completed RCUP applications to: CaltrainRCUP@samtrans.com

Please direct any RCUP questions to: CaltrainRCUP@samtrans.com