RESOLUTION NO. 22-___
Resolution Of The City Council Of The City Of Emeryville Denying A Waiver From The Noise Ordinance To BioMed Realty For Early Morning Work On All Mondays Between January 9, 2023 and May 22, 2023 From 5:00 A.M. To 7:00 A.M. At 4555 Horton Street (Garage Building 14 of BioMed Project) (APN: 49-1544-1-4) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15270(a)) WHEREAS, on October 14, 2022, BioMed Realty and Hathaway Dinwiddie (“Applicant”) requested a noise waiver to allow work from 3:00 a.m. to 7:00 a.m. on all Monday mornings through December 2023, for stressing of post tension cables in the concrete at the Garage Building 14 of the BIOMED project under construction at 4555 Horton Street; and
WHEREAS, on November 17, 2022, the Applicant submitted a revised request for a noise waiver to allow work from 5:00 a.m. to 7:00 a.m. on all Monday mornings through May 2023; and
WHEREAS, because Monday December 26 (Christmas), Monday, January 2 (New Years’ Day) and Monday, May 29 (Memorial Day) are City holidays, staff believes that the request for Monday morning work should not begin until January 9, 2023 and should end by May 22, 2023 thus avoiding all City holidays; and WHEREAS, the stated reason for the request is to increase site and worker safety; 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. weekdays, but allows a developer or contractor to ask the City Council for a waiver of the construction noise restrictions; and WHEREAS, on December 20, 2022, the City Council held a duly and properly noticed public hearing to consider the request, the staff recommendation, and all public comments received; now therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby finds that the noise waiver for early Monday morning construction work at 4555 Horton Street is exempt from the California Environmental Quality Act (CEQA) under Section 15270(a) of the State CEQA Guidelines, which states that CEQA does not apply to projects which a public agency rejects or disapproves; and be it further RESOLVED, that the City Council of the City of Emeryville hereby finds that the noise waiver for early Monday morning construction work at 4555 Horton Street is not necessary, as the proposed stressing of post tension cables can be done safely during normal construction hours as evidenced by construction of other prestressed concrete garages in the city; and that the proposed early morning hours may have detrimental impacts to the public welfare given the relative proximity of residents in the neighborhood; and be it further
DocuSign Envelope ID: 93D18A8A-1EBE-4135-8420-48895975E04E Resolution No. 22-___
BioMed Noise Waiver Request - Denial
City Council Meeting | December 20, 2022
RESOLVED, that the City Council of the City of Emeryville hereby denies the request for a waiver of construction noise hours for early morning work between 5:00 a.m. and
7.00 a.m. on all Mondays between January 9 and May 22, 2023, at 4555 Horton Street.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 20, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 93D18A8A-1EBE-4135-8420-48895975E04E