RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Paving Work On Shellmound Street, 65th Street, 66th Street, And 67th Street For Dates To Be Determined Between November 8, 2023 And March 31, 2024 To The City Of Emeryville And Bay Cities Paving & Grading Inc. For Work Related To Street 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, on July 19, 2022, the City Council authorized a noise waiver for this same project for the periods between August 1, 2022 and November 17, 2022 (Resolution No. 22-105); and
WHEREAS, on June 20, 2023, the City Council authorized a noise waiver for this same project for the periods between June 21, 2023 and November 19, 2023 (Resolution No. 23-79); 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 nearing completion and requires coordination and scheduling of work to be performed by Bay Cities Paving and Grading (BCPG) and Union Pacific Railroad (UPRR); and
WHEREAS, BCPG has requested to perform portions of their paving work on Shellmound Street, 66th Street, and 67th Street during the nighttime when trains run less frequently; and
WHEREAS, BCPG has requested to perform paving work in front of the multiple apartment buildings along 65th Street and portions of their paving work on Shellmound Street, 66th Street, and 67th Street on weekend daytime periods as there is less traffic, transit services, and freight deliveries which means less disruption of normal operations to residents and businesses in the North Hollis corridors; and WHEREAS, it is anticipated that the need for night work will be limited to Shellmound Street, 66th Street, and 67th Street, and the need for weekend work will be limited to daytime periods Shellmound Street, 65th Street, 66th Street, and 67th Street; and WHEREAS, the period for this waiver is extended to March 31, 2024 in case of further delays on the project outside of the City or Contractor’s control; and DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. _____
QZ Project Noise Waiver – Paving 2023
City Council Meeting | November 7, 2023
WHEREAS, proposed conditions of approval, as requested by the City of Emeryville on behalf of Bay Cities Paving and Grading Inc. are as follows:
1) (5) total days of nighttime work between the hours of 6 p.m. and 7 a.m. (Monday – Sunday) on dates to be determined between November 8, 2023 and March 31, 2024 to perform paving operations more than 300’ from any residence on Shellmound Street (65th – Northerly City Limits), 66th Street (UPRR crossing – 200’ East of Crossing), and 67th Street (Shellmound – 200’ East of Hollis Street); and
2) (4) total days of weekend daytime work between the hours of 7:00am to 6:00pm beginning on dates to be determined between November 8, 2023 and March 31, 2024 to perform paving operations within 300’ of residences on 65th Street (Christie Avenue - Hollis Street) and to perform paving operations on Shellmound Street (65th – Northerly City Limits), 66th Street (UPRR crossing – 200’ East of Crossing), and 67th Street (Shellmound – 200’ East of Hollis Street); and 3) Work by BCPG and City shall not occur on Holidays including Veteran’s Day (11/10/23 – 11/11/23), Thanksgiving (11/23/23 – 11/26/23), Christmas (12/23/23 – 12/25/23), New Years (12/31/23 – 1/1/24), and MLK Day (1/13/24 – 1/15/24); and
4) 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; and
5) 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 November 7, 2023, 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, that the City Council of the City of Emeryville finds the circumstances related to the Quiet Zone Safety Project are extraordinary and grants a waiver from the Noise Ordinance for paving work on Shellmound Street, 65th Street, 66th Street, and 67th Street on dates to be determined between November 8, 2023 and March 31, 2024 to the City of Emeryville and Bay Cities Paving & Grading Inc., subject to the conditions set forth below; and, be it, further
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. _____
QZ Project Noise Waiver – Paving 2023
City Council Meeting | November 7, 2023
RESOLVED, by the City Council of the City of Emeryville that the grant of 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 action to grant a Noise Waiver is subject to the following conditions:
1) (5) total days of nighttime work between the hours of 6 p.m. and 7 a.m. (Monday – Sunday) on dates to be determined between November 8, 2023 and March 31, 2024 to perform paving operations more than 300’ from any residence on Shellmound Street (65th – Northerly City Limits), 66th Street (UPRR crossing – 200’ East of Crossing), and 67th Street (Shellmound – 200’ East of Hollis Street); and
2) (4) total days of weekend daytime work between the hours of 7:00am to 6:00pm beginning on dates to be determined between November 8, 2023 and March 31, 2024 to perform paving operations within 300’ of residences on 65th Street (Christie Avenue - Hollis Street) and to perform paving operations on Shellmound Street (65th – Northerly City Limits), 66th Street (UPRR crossing – 200’ East of Crossing), and 67th Street (Shellmound – 200’ East of Hollis Street); and 3) Work by BCPG and City shall not occur on Holidays including Veteran’s Day (11/10/23 – 11/11/23), Thanksgiving (11/23/23 – 11/26/23), Christmas (12/23/23 – 12/25/23), New Years (12/31/23 – 1/1/24), and MLK Day (1/13/24 – 1/15/24); and
4) 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; and
5) 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: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. _____
QZ Project Noise Waiver – Paving 2023
City Council Meeting | November 7, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 7, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3