RESOLUTION NO. 24-___
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Pacific Gas And Electric Company To Install New Equipment And Energize A New Customer At 5621 Bay Street From 7:00 P.M. On Wednesday, February 7, 2024 To 6:00 A.M. On Thursday, February 8, 2024 (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(B)(3)) WHEREAS, on January 10, 2024, Pacific Gas and Electric Company (“Applicant”) requested a noise waiver to allow work from 7:00 p.m. on February 7, 2024, to 6:00 a.m. on February 8, 2024, in order to install new equipment and energize a new commercial customer, the incoming grocery store at 5621 Bay Street; and WHEREAS, the request is being made because electrical power will need to be shut down for 67 commercial customers for up to 11 hours, including businesses in the Bay Street shopping center; 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 February 6, 2024, the City Council held a duly and properly noticed public hearing to consider the application, 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 nighttime construction work at 5621 Bay Street 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 it can be seen with certainty that there is no possibility that the noise waiver will 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 hereby approves the request for a waiver of construction noise hours for work on Wednesday, February 7, 2024, to Thursday, February 8, 2024, at 5621 Bay Street with the following conditions:
1. Work shall be allowed only from 7:00 p.m. on Wednesday, February 7, 2024, to 6:00 a.m. on Thursday, February 8, 2024. All work shall be limited to that described in the letter from Pacific Gas and Electric Company, dated January 18, 2024, attached hereto as Exhibit A.
2. Two signs shall be posted indicating the name and telephone number of a person to contact for concerns or complaints. This telephone must be answered by a live person during construction hours (not by voice mail or answering machine). This person must have the authority to stop work. These signs must be clearly legible DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C Resolution No. 24-___
PG&E Noise Waiver – 5621 Bay Street (NOISE24-001)
City Council Meeting | February 6, 2024
from Shellmound Street, approximately at the intersections of Ohlone Way and Bay Street.
3. If residents or local businesses complain, all work on the site and in the vicinity shall cease until the issue is resolved.
4. 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 on Tuesday, February 6, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C