RESOLUTION NO. 24-___
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To UPSIDE Foods For Work On 14 Specified Weekends Starting November 2, 2024 And Concluding February 23, 2024 Between The Hours Of 8:00 A.M. And 7:00 P.M And On December 21 and 22, 2024 Between The Hours Of 8:00 A.M. And 8:00 P.M For The Installation Of Large Specialized Equipment That Requires Crane Work, Concrete Pouring, Equipment Rigging, Welding, Forklift Operation And The Use Of Hand Tools At 6201 Shellmound Street (APN:
49-1556-7)
WHEREAS, on September 11, 2024, UPSIDE Foods requested a Noise Waiver to facilitate the installation of two bioreactor tanks and supporting infrastructure at 6201 Shellmound Street for work on 14 weekends starting November 2, 2024 and concluding February 23, 2024 between the hours of 8:00 A.M. And 7:00 P.M and on December 21 and 22, 2024 between the hours of 8:00 A.M. And 8:00 P.M; and WHEREAS, multiple crane picks are required to install supportive equipment and two, ten hour crane picks are required to install the two bioreactor tanks, each weighing over 19,000 pounds; and
WHEREAS, the work is time sensitive to prevent damage to the equipment and to secure the equipment properly for safety; and
WHEREAS, the work is time sensitive as the installation process will be facilitated by a team of experts from the overseas manufacturer whose expertise is essential for the successful and timely completion of the installation and whose time at the project site is limited as a result of their visa requirements; and
WHEREAS, exterior work will take place on Shellmound Street, on the opposite side of the building from residents (which face 63rd Street and Market Drive); and WHEREAS, interior work, due to the sensitive equipment already located within the facility, requires strict control over vibrations and as a result, any vibrations from construction activities are already carefully managed and are not expected to exceed the levels typically caused by vehicles; 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 October 15, 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 weekend construction work at 6201 Shellmound Street is exempt from the California Environmental Quality Act (CEQA) under the general rule that CEQA applies Docusign Envelope ID: 94BBFDB4-E42E-48C2-BEF9-7A904C235E1C Resolution No. 24-___
UPSIDE FOODS at 6201 Shellmound Street Noise Waiver
City Council Meeting | October 15, 2024
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 Saturday and Sunday work at 6201 Shellmound Street with the following conditions:
1. Work shall be allowed on 14 weekends, as specified below, starting November 2, 2024 and concluding February 23, 2024 between the hours of 8:00 A.M. and 7:00 P.M and on December 21 and 22, 2024 between the hours of 8:00 A.M. and 8:00 P.M. All work shall be limited to that described in the letter from UPSIDE Foods, attached hereto as Exhibit A. November 2 and 3 from 8:00 a.m. to 7:00 p.m.,
November 9 and10 from 8:00 a.m. to 7:00 p.m.,
November 16 and 17 from 8:00 a.m. to 7:00 p.m.,
November 23 and 24 from 8:00 a.m. to 7:00 p.m.,
December 7 and 8 from 8:00 a.m. to 7:00 p.m.,
December 21 and 22 from 8:00 a.m. to 8:00 p.m.,
December 28 and 29 from 8:00 a.m. to 7:00 p.m.,
January 4 and 5 from 8:00 a.m. to 7:00 p.m.,
January 11 and 12 from 8:00 a.m. to 7:00 p.m.,
January 18 and 19 from 8:00 a.m. to 7:00 p.m.,
January 25 and 26 from 8:00 a.m. to 7:00 p.m.,
February 1 and 2 from 8:00 a.m. to 7:00 p.m.,
February 8 and 9 from 8:00 a.m. to 7:00 p.m.
February 15 and 16 from 8:00 a.m. to 7:00 p.m., and
February 22 and 23 from 8:00 a.m. to 7:00 p.m.
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 the southwest corner of 63rd Street and Shellmound Street, the west side of Shellmound Street near the midblock crosswalk, and from the northwest corner of 62nd Street at Shellmound Street. The sign content and location shall be approved by the Planning Manager prior to issuance of an encroachment permit for the work specified in the applicant letter attached hereto as Exhibit A.
Docusign Envelope ID: 94BBFDB4-E42E-48C2-BEF9-7A904C235E1C Resolution No. 24-___
UPSIDE FOODS at 6201 Shellmound Street Noise Waiver
City Council Meeting | October 15, 2024
3. The applicant shall notify the Community Development, Emeryville Police, Fire and Public Works departments with updates once shipping dates are confirmed and with any changes to the work schedule.
4. The applicant shall notify all neighbors within 300 feet of the site, and the Emeryville Police, Fire and Public Works departments, prior to commencing weekend work.
5. If the City or applicant receives noise complaints from residents or local businesses, all work on the site and in the vicinity shall cease until the issue is resolved.
6. 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 Tuesday, October 15, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
Docusign Envelope ID: 94BBFDB4-E42E-48C2-BEF9-7A904C235E1C