DATE: February 6, 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 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))
RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution granting a waiver from the Noise Ordinance to allow work from 7:00 p.m. on Wednesday February 7, 2024, to 6:00 a.m. on Thursday, February 8, 2024, to install new equipment and energize a new commercial customer, the incoming grocery store, at 5621 Bay Street.
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 beginning on Wednesday, February 7, 2024 to Thursday morning, February 8, 2024, in order to install a new, underground interrupter and energize an existing transformer for a new commercial customer, the incoming grocery store at 5621 Bay Street.
This work requires that PG&E shut down electrical power for 67 PG&E customers in the surrounding area for a period of up to 11 hours. Affected customers include restaurant and retail businesses within the Bay Street shopping center. 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 neighboring businesses and this is the reason for the noise waiver request.
Work and Equipment
The work will require six PG&E workers, four traffic control workers, one splicer van, and one boom truck. Workers and equipment will complete work in the southern portion of the project site, near the intersection of Shellmound Street and Bay Street. Please see the applicant’s request letter, included as Exhibit A to the attached Draft Resolution, for a plan showing the work location, traffic control barriers, flaggers, and signage.
The power will be shut off on Wednesday, February 7, at 7:00 p.m. so that workers can install a new power interrupter into an existing underground vault using the boom truck. Workers will then connect cables to the interrupter and an existing transformer and reenergize the system. The boom truck represents the loudest noise level on site – approximately 70 decibels (dB), which is about the sound of a vacuum cleaner – and will be in use for approximately 30 to 60 minutes. Equipment will be turned off when not in use.
The power will be restored by 6:00 a.m. on the morning of Thursday, February 8.
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 businesses will be closed for the majority of the shut-off period. PG&E has already obtained an encroachment permit (ENC2022-0100) to perform work within the public right- of-way as shown in Exhibit A to the attached Draft Resolution.
FISCAL IMPACT
Approval of the Noise Waiver Request does not have a direct fiscal impact, however, denial of the request (i.e. requiring the proposed work to be done during business hours) would be expected to negatively impact customer experience and sales tax revenue to the City due to the service interruption to Bay Street retail and restaurant businesses.
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 AVE apartment complex, Bay Street One condominiums, and Bay Street commercial tenants. 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 notifications described above, PG&E sent out notifications to affected customers on January 18, 2024.
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 – 5621 Bay Street
City Council Meeting | February 6, 2024
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City of Emeryville
CALIFORNIA
MEMORANDUM