RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To CF Contracting, Inc. For Weekend Work Related To Street Improvements As Part Of The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005) On 47th Street, Doyle Street, Steve Dain Drive, And 41st Street To Occur On Dates To Be Determined Between October 22, 2022 And December 4, 2022 (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)) WHEREAS, on July 19, 2022, the City Council authorized the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No.
EPW-21102 (CIP No. 17240005) by awarding a contract to CF Contracting, 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 contractorto 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 CF Contracting, Inc. in front of multiple public and private schools in the project area; and
WHEREAS, to ensure safe and timely construction of the improvements with the least disruption to school activities and operations, CF Contracting, Inc. and City staff are requesting to perform major work activities on Doyle Street, Steve Dain Drive, and 47th Street on weekends between October 22, 2022 and December 4, 2022; and WHEREAS, the proposed conditions of approval, as requested by the City of Emeryville on behalf of CF Contracting, Inc. are as follows:
1) Weekend work between the hours of 7 a.m. and 6 p.m. beginning on a date to be determined between October 22, 2022 and December 4, 2022 to construct street improvements as part of the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005).
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 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; and
WHEREAS, on October 18, 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
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 Resolution No. _____
2022 Paving Project Noise Ordinance Waiver
City Council Meeting | October 18, 2022
RESOLVED, by the City Council of the City of Emeryville, finding that the circumstances related to the street improvements on 47th Street, Doyle Street, Steve Dain Drive, and 41st Street as part of the Annual Street Rehabilitation and Preventive Maintenance Project are extraordinary, grants a waiver from the Noise Ordinance on dates to be determined between October 22, 2022 and December 4, 2022 to CF Contracting 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:
1) Weekend work between the hours of 7 a.m. and 6 p.m. beginning on a date to be determined between October 22, 2022 and December 4, 2022 to construct street improvements as part of the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005).
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 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: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 Resolution No. _____
2022 Paving Project Noise Ordinance Waiver
City Council Meeting | October 18, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 18, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3