RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For The Union Pacific Railroad Grade Crossings At 67th, 66th and 65th Streets For A Seven Consecutive Day Period On Dates To Be Determined Between August 1, 2022 And December 31, 2022 To The City Of Emeryville, Bay Cities Paving & Grading Inc., And Union Pacific Railroad Corporation For Work Related To Track and Grade Crossing Improvements As Part Of The TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)) WHEREAS, on February 15, 2022, the City Council authorized the construction of the TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) by awarding a contract to Bay Cities Paving and Grading, Inc.; and WHEREAS, Chapter 13 of Title 5 of the Emeryville Municipal Code limits construction noise to 7:00 a.m. to 6:00 p.m. on weekdays, but allows a developer or contractor to request the City Council for a waiver of the construction noise restrictions (the "Noise Ordinance”); and
WHEREAS, construction of the project is now underway and requires coordination and scheduling of work to be performed by Bay Cities Paving and Grading and Union Pacific Railroad (UPRR); and
WHEREAS, to ensure safe and timely construction of the improvements, track work on the Union Pacific Railroad alignment within the railroad right of way at 65th, 66th and 67th streets can only occur during nighttime and on weekends when trains run less frequently; and
WHEREAS, the proposed conditions of approval, as requested by the City of Emeryville on behalf of Bay Cities Paving and Grading Inc. and Union Pacific Railroad Corporation, are as follows:
1) A period of seven consecutive calendar days of nighttime work between the hours of 6 p.m. and 7 a.m. and 24-hour weekend work beginning on a date to be determined between August 1, 2022 and December 31, 2022 to construct railroad safety improvements at the 65th Street, 66th Street and 67th Street grade crossings; and
2) The City staff shall notify all neighbors within 300 feet of the site, and the Emeryville Police, Fire and Public Works departments, 72 hours prior to commencing night or weekend work.
3) The City Council may revoke or modify this approval if the applicant fails to comply with any of the conditions of approval, or if any complaints are received and not satisfactorily resolved; and
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No. _____
Quiet Zone Project Noise Ordinance Waiver
City Council Meeting | July 19, 2022
WHEREAS, on July 19, 2022, the City Council held a duly and properly noticed public hearing to consider the request for a waiver, staff recommendation, and public comment; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville finding the circumstances related to the Quiet Zone Safety Project railroad track improvements are extraordinary and grants a waiver from the Noise Ordinance for the Union Pacific Railroad Grade Crossings at 67th Street, 66th Street and 65th streets for a seven consecutive day period on dates to be determined between August 1, 2022 and December 31, 2022 to the City Of Emeryville, Bay Cities Paving & Grading Inc., and Union Pacific Railroad Corporation, subject to the conditions set forth below; and, be it, further RESOLVED, by the City Council of the City of Emeryville that the grant of a waiver is exempt from the California Environmental Quality Act (CEQA) under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as stated in Section 15061(b)(3) of the State CEQA Guidelines, and in this instance granting the Noise Waiver will not cause a significant effect on the environment; and, be it, further
RESOLVED, that the City Council finds that the conditions set forth below provide adequate protection for nearby residents and businesses; and, be it, further RESOLVED, that the City Council grant of a waiver from the Noise Ordinance is subject to the following conditions:
1) A period of seven consecutive calendar days of nighttime work between the hours of 6 p.m. and 7 a.m. and 24-hour weekend work beginning on a date to be determined between August 1, 2022 and December 31, 2022 to construct railroad safety improvements at the 65th Street, 66th Street and 67th Street grade crossings; and
2) The City staff shall notify all neighbors within 300 feet of the site, and the Emeryville Police, Fire and Public Works departments, 72 hours prior to commencing night or weekend work.
3) The City Council may revoke or modify this approval if the applicant fails to comply with any of these conditions of approval, or if any complaints are received and not satisfactorily resolved.
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No. _____
Quiet Zone Project Noise Ordinance Waiver
City Council Meeting | July 19, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 19, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5