DATE: September 3, 2024
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 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) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3))
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution granting a waiver from the Noise Ordinance to allow work from 9:00 a.m. to 5:00 p.m. on Saturdays from September 7, 2024 through May 31, 2025 for work using hand tools and mixers at 3600 San Pablo Avenue, also known as the Nellie Hannon Gateway project.
BACKGROUND
On October 20, 2020, Planning staff approved, in accordance with Senate Bill 35, a 90-unit affordable housing development with 3,600 square feet of ground-floor commercial space intended for the Emeryville Citizens Assistance Program (ECAP). The contract completion date for the project is May 30, 2025. The developer is Berkeley-based nonprofit organization Resources for Community Development. The City is also a significant financial partner in this project, providing over $17,000,000 in loan financing.
The general contractor for the project, J.H. Fitzmaurice, Inc. has requested Saturday work from 8:00 a.m. to 5:00 p.m. from September 1, 2024 through May 31, 2025. The exact dates of Saturday work will vary but may occur as frequently as three times per month at the peak.
Most of the proposed work will be in the building interior, with occasional work on exterior elevations in the courtyard. The courtyard is on an upper story and is not visible from any public street; however, it faces existing residential uses to the east. No public work, street improvements, or deliveries will be conducted during Saturday work hours.
The work will require hand tools and occasional use of mixers for paint, texture, and stucco. The interior work includes drywall, taping, texturing, painting, and installing interior trim finishes. The exterior work includes lath, stucco, painting, waterproofing, and paver installation.
An estimated 5 to 25 workers will be onsite on Saturdays, depending on the scope of work. Off-street parking will be provided within the parking garage at 3600 San Pablo Avenue and in 13 reserved parking spaces at Estrella Vista apartments, located across 37th Street at 3706 San Pablo Avenue.
DISCUSSION
Noise Ordinance Waiver Procedures
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. 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 on the property 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.
Reason for Noise Waiver Request
In the attached request letter, the applicant states that:
“Due to unforeseen conditions associated with the removal of existing PG&E overhead power lines at 37th Street, the timeline to complete the framing and exterior work on several units on the 37th Street side has been delayed. Because OSHA safety standards require scaffolding to be ten feet away from energized overhead lines, this work is not able to advance until the high voltage power lines are relocated. In order to minimize delays related to this challenge, J.H. Fitzmaurice and RCD are seeking permission to work Saturdays to prioritize critical path scopes of work that impact the overall schedule.” PG&E is responsible for relocating the power lines. Therefore, the exact length of the delay and its impact on the project timeline are dependent on the date the relocation is scheduled and the time required to complete it.
Staff believes that the request for Saturday work is reasonable because the proposed work will not generate excessive noise and because it will help expedite the development of new affordable housing units, in particular permanent supportive housing units, despite this unforeseen delay. Permanent supportive housing units are in high demand to provide assistance to formerly unhoused individuals.
However, considering that part of the request is for exterior building work facing residential neighbors on the east side of 3600 San Pablo Avenue, staff believes that the request to start work at 8:00 a.m. is too early, and recommends a start time of 9:00 a.m. In addition, the draft resolution’s conditions of approval will require the applicant to notify neighbors within 300 feet of the site prior to any Saturday when work will occur.
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 3600 San Pablo Avenue and published a legal advertisement in the Oakland Tribune.
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 3600 San Pablo Avenue Noise Waiver
City Council Meeting | September 3, 2024
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City of Emeryville
CALIFORNIA
MEMORANDUM