RESOLUTION NO. 24-___
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Resources For Community Development And J.H.
Fitzmaurice, Inc. For Saturday Work From September 7, 2024 Through May 31, 2025 Between The Hours Of 9:00 A.M. And 5:00 P.M. For Work With Hand Tools And Mixers For Paint, Texture, And Stucco At 3600 San Pablo Avenue (APNs 49- 950-6-1, -8-1, And -1)
WHEREAS, on October 20, 2020, Planning staff approved, in accordance with Senate Bill 35, the 3600 San Pablo Avenue Affordable Housing Project, a 90-unit affordable housing development with approximately 3,600 square feet of ground-floor commercials space, now known as “Nellie Hannon Gateway”, and
WHEREAS, on June 24, 2024, developer Resources for Community Development (RCD) and general contractor J.H. Fitzmaurice, Inc requested a Noise Waiver for exterior and interior work from 8:00 a.m. to 5:00 p.m. on Saturdays from September 1, 2024 through May 31, 2025 for work using hand tools and mixers at 3600 San Pablo Avenue; and
WHEREAS, the majority of the proposed work will be located in the interior of the building and will be done using hand tools, while mixers for paint, texture, and stucco will occasionally be required; and
WHEREAS, a portion of the proposed work includes exterior lath, stucco, painting, waterproofing, and paver installation in the courtyard; and WHEREAS, staff recommends a start time of 9 a.m., as part of the request is for exterior building work that is in close proximity to the residential neighbors to the east of 3600 San Pablo Avenue; 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, the Nellie Hannon Gateway Project is an affordable housing development that will provide permanent supportive housing to formerly unhoused individuals, and the City of Emeryville is a financial partner in the development; now therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby finds that the noise waiver for Saturday construction work at 3600 San Pablo Avenue 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 Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9 Resolution No. 24-___
Noise Waiver for 3600 San Pablo Avenue
City Council Meeting | September 3, 2024
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 Saturday work at 3600 San Pablo Avenue with the following conditions:
1. With the exception of Thanksgiving weekend (Saturday, November 30, 2024) and Memorial Day Weekend (Saturday, May 25, 2025) work shall be allowed on Saturdays between 9:00 a.m. and 5:00 p.m. from September 7, 2024 through May 31, 2025. All work shall be limited to that described in the letter from J.H.
Fitzmaurice dated June 24, 2024, attached hereto as Exhibit A.
2. Plastic tarps shall be in place on all scaffolding facing adjacent properties during stucco or painting work.
2. Three 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 from San Pablo Avenue, 36th Street, and 37th Street.
3. Saturday parking for workers shall be limited to the parking garage at 3600 San Pablo Avenue and/or in the 13 reserved parking spaces at Estrella Vista apartments at 3706 San Pablo Avenue.
4. The applicant shall notify all neighbors within 300 feet of the site, and the Emeryville Community Development and Police departments, at least 10 business days prior to any Saturday when work will occur.
6. If residents or local businesses complain, all work on the site and in the vicinity shall cease until the issue is resolved.
7. 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: 5767A833-8289-4FE8-99EB-41DA28FD2AA9 Resolution No. 24-___
Noise Waiver for 3600 San Pablo Avenue
City Council Meeting | September 3, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 3, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
Attachment
Exhibit A - Applicant Request Letter date June 24, 2024 Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9