Resolution NO.
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Brannon Corporation Inc. For Night Work Related To Beach Cleaning Operations As Part Of The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 17240005) To Occur On Dates To Be Determined Between October 5, 2022 And October 28, 2022. (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)) WHEREAS, The Point Emery Shoreline Protection Project is a Capital Improvement Program project, EPW 18101 (CIP #16475021), whose purpose is to maintain and preserve existing park land in danger of erosion from tidal and wave action (“Project”); 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 the beach cleaning operation involves removing debris from the Bay during the lowest of the two daily low tides. because in the month of October these low, low tides occur during nighttime hours, night work between 11 p.m. and 7:00 a.m. is being requested; and WHEREAS, because, in the month of October, these low, low tides occur during nighttime hours, night work between 11 p.m. and 7:00 a.m. from October 5, 2022 to October 28 2022 is being requested.; and WHEREAS, the proposed conditions of approval, as requested by the City staff on behalf of Brannon Corporation, Inc. are as follows:
Night work between the hours of 11 p.m. and 7 a.m. beginning on a date to be determined between October 5, 2022 and October 28, 2022 to perform beach cleaning operations as part of the Point Emery Shoreline Protection Project, Project No. EPW-18101 at Point Emery.
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.
WHEREAS, there is insufficient time to satisfy the published notice requirement set forth in Emeryville Municipal Code Section 9-7.208(b)(4); WHEREAS, on October 4, the City Council held a 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 that the circumstances related to the beach cleaning operations as part of the Point Emery Shoreline Protection Project, Project No. EPW-18101 are extraordinary, waives the published notice requirement set forth in Emeryville Municipal Code section 9-7.208(b)(4) and grants a waiver from the Noise Ordinance to allow night work on dates to be determined between October 5, 2022 and October 28, 2022 to Brannon Corporation Inc.; 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:
Night work between the hours of 11 p.m. and 7 a.m. beginning on a date to be determined between October 5, 2022 and October 28, 2022 to perform beach cleaning operations as part of the Point Emery Shoreline Protection Project, Project No. EPW-18101 at Point Emery.
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.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 4, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY CLERK
CITY ATTORNEY
Resolution No.
Point Emery Shoreline Protection Noise Ordinance Waiver City Council Meeting | October 4, 2022