DATE: December 5, 2023
TO: Paul Buddenhagen, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Pacific Gas And Electric Company To Complete New Cable Installation Along Shellmound Street Between 65th And 67th Streets On Wednesday, December 20, 2023 From 9:00 P.M. To 5:00 A.M. (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(B)(3))
RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution granting a waiver from the Noise Ordinance to allow work from 9:00 p.m. to 5:00 a.m. on Wednesday, December 20, 2023 to complete new cable installation along Shellmound Street, between 65th and 67th Streets.
BACKGROUND
Chapter 13 of Title 5 of the Emeryville Municipal Code (“EMC”) limits construction noise to 7:00 a.m. to 6:00 p.m. on weekdays but allows a developer or contractor to ask the City Council for a waiver of the construction noise restrictions. EMC Section 5-13.06 sets forth the procedures for a waiver. The applicant must submit a request, accompanied by the required fee, to the Community Development Director stating the hours and days of work requested, type of work to be conducted, type of equipment to be used, location where work will take place, and reason(s) why a waiver is needed. The City Council then holds a noticed public hearing on the request and may grant the request by resolution and designate such conditions as it deems necessary. After granting the request, the City Council may revoke or modify the waiver if the applicant fails to comply with any of the conditions upon which the waiver was granted, or if complaints are received and not satisfactorily resolved.
DISCUSSION
Reason for Noise Waiver Request
Pacific Gas and Electric (“PG&E”) is requesting permission to do work at night on Wednesday, December 20, 2023 in order to complete the installation of new cables along Shellmound Street. The new cables have already been laid in place and need to be connected (“spliced”) into the existing cable network. Equipment will also be installed to energize the cables once the work is complete.
This work requires that PG&E shut down electrical power to 15 businesses in the surrounding area for a period of at least six hours (see Exhibit A to the attached Draft Resolution for a list of affected customers). These businesses are primarily located in the EmeryTech building. Performing this work during the allowed construction hours of 7:00 a.m. to 6:00 p.m. would therefore cause an unavoidable inconvenience for the affected businesses and this is the reason for the noise waiver request.
Work and Equipment
The work will require eight PG&E workers, four traffic control workers, and three splicer vans (specialized vans containing equipment for splicing cables). Workers and vans will complete the work at three underground vaults, located approximately at the intersections of Shellmound Street and 65th, 66th, and 67th streets. The underground vaults are approximately seven feet in depth, measured from the sidewalk to the base of the enclosure. Please see the applicant’s request letter, included as Exhibit A to the attached Draft Resolution, for a plan showing work locations.
As shown in the Exhibit to the Draft Resolution, PG&E will also provide traffic control barriers, flaggers, and signage at the three work locations. The vans will be turned off during the hours of operation, and all work involving noise will occur within the three vaults, which are 7 feet below the ground.
The power will be shut off on Wednesday, December 20, at 9:00 p.m., and work will occur between 10:00 p.m. to 3:00 a.m. The power will come back online between 4:00 to 5:00 a.m. on the morning of Thursday, December 21st.
Staff believes the request for night work is reasonable because the nature of the work requires the power to be shut off and the best time to do so is when affected buildings will most likely be vacant. PG&E has already obtained an encroachment permit (ENC2022-0044) to perform work within the public rights of way shown in Exhibit A to the attached Draft Resolution.
FISCAL IMPACT
None.
STAFF COMMUNICATION WITH THE PUBLIC
As required by the Noise Ordinance, staff mailed notices to property owners and site addresses within 300 feet of the project area and published a legal advertisement in the Oakland Tribune. This included notification to the Bayview Apartments, Courtyards, and Bridgewater Condominiums. No comments or objections were received at the time of writing of this report. An update will be provided at the City Council meeting if comments are received.
In addition to the neighbor notifications required by the draft resolution, PG&E will inform affected customers at least 14 days in advance.
CONCLUSION
Staff recommends approval of the noise waiver request subject to the conditions of approval outlined in the draft resolution.
PREPARED BY: Alyssa Chung, Assistant Planner
REVIEWED BY: Miroo Desai, Planning Manager
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
ATTACHMENTS:
Draft Resolution, including Exhibit A, Applicant Request Letter PG&E Noise Waiver
City Council Meeting | December 5, 2023
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City of Emeryville
CALIFORNIA
MEMORANDUM