DATE: October 15, 2024
TO: Adam Politzer, Interim City Manager
FROM: Chad Smalley, Community Development Director
SUBJECT: 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) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3))
RECOMMENDATION
Due to the unique nature and circumstances of the work, staff recommends that the City Council adopt the attached Resolution granting a waiver from the Noise Ordinance to allow weekend work to facilitate the installation of large specialize equipment at 6201 Shellmound Street from 8:00 a.m. to 7:00 p.m. on specified weekends pursuant to the Resolution.
BACKGROUND
Since June 2024, UPSIDE Foods has been doing interior construction work including demolition, sheet piling, foundation pouring, equipment installation and underground plumbing work. UPSIDE Foods has an open encroachment permit with Public Works for ongoing needs to facilitate the staging and loading of materials.
UPSIDE Foods is entering a new stage of construction which includes the installation of two bioreactor tanks and supportive infrastructure. In addition to requiring cranes for the installation of the tanks, tank platform, and supplies; extensive work is needed both to prepare the pits for receiving the tanks and to secure and properly install the tanks once they are in place. This work is time sensitive to prevent damage to the equipment and to secure the equipment properly for safety.
The tanks are being shipped from China, which creates some uncertainty in the project timeline. In their letter, the applicant states that “these requests reflect the maximum weekend work we anticipate” so that they will not need to return to City Council should shipping or construction delays occur. It is possible that some of the weekend work listed will not be needed if the tanks are received and can be transported early in the work week, or if the project is moving forward without disruption. It is also possible that the schedule of exact work might shift slightly, but the requested dates and times will stay the same.
The proposed Resolution requires that the applicant notify all neighbors within 300 feet of the site, and the Emeryville Police, Fire and Public Works departments, prior to commencing weekend work. The Resolution also requires the applicant to notify the Community Development, Emeryville Police, Fire and Public Works departments with timeline updates once shipping dates are confirmed.
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
UPSIDE Foods needs to install bioreactor tanks, each weighing over 19,000 pounds, and a platform for the tanks which weighs over 9,000 pounds and comes in multiple pieces. In addition to requiring cranes for installation, extensive work is needed both to prepare the pits for receiving the tanks and to secure and properly install the tanks once they are in place.
Two types of general work will occur:
Exterior work: This includes multiple crane picks, delivery of equipment and staging of trucks for concrete pours. This work will take place on Shellmound Street, on the opposite side of the building from residents (which face 63rd Street and Market Drive). UPSIDE Foods already has an encroachment permit with Public Works to facilitate the construction that has been happening at 6201 Shellmound Street since June and will continue to update the permit as shipping and installation dates are finalized.
Interior work: Most of the work will take place inside the building. In their letter, the applicant states “Within our facility, we operate sensitive process equipment that requires strict control over vibrations. As a result, any vibrations from construction activities are already carefully managed and are not expected to exceed the levels typically caused by vehicles driving inside the garage. This ensures minimal impact on surrounding residents. Anticipated noise will be minimal and related to truck movement, beeping, engines idling, and concrete pouring.” The applicant has broken down their request into three stages:
Pit Construction Completion (five weekends in November and December) Work description: Use of heavy equipment, including a spider crane, concrete trucks and pumps for pouring, and dump truck off-haul. Work will take place inside the building, primarily in the center and southeast areas. Equipment will be transported through the construction entrance on Shellmound St. Please see Site Plan attached as part of the applicant request letter, Exhibit A to the Resolution.
Hours: On each day, setup will begin around 8:00 a.m., with work starting at 9:00 a.m. Workers will finish at 6:00 p.m. and leave by 7:00 p.m.
Equipment Rigging, Unloading, Setting and Anchoring (December and January) Work description: “Unloading the bioreactor tanks along Shellmound Street is expected to take approximately 20 hours (two 10-hour days), utilizing cranes and gantries, and unloading the platform will take an additional 40 hours (in total, five 8–9 hour days) using similar equipment.” Please see further details in the applicant request letter.
Hours: On December 21 and 22, set up will begin at 8:00 a.m. with work starting at 9:00 a.m.; workers will finish at 7:00 p.m. and leave by 8:00 p.m. On the other weekends, setup will begin at 8:00 a.m., with work starting at 9:00 a.m.; workers will finish at 6:00 p.m. and leave by 7:00 p.m.
Equipment Installation (January and February)
Work description: Interior work welding, the use of basic hand tools for bolting and wiring, and the operation of forklifts and personnel lifts to maneuver materials. Please see further details in the applicant request letter.
Hours: On each day, setup will begin around 8:00 a.m., with work starting at 9:00 a.m. Workers will finish at 6:00 p.m. and leave by 7:00 p.m.
The last stage of work (January and February) is the least impactful as it is all interior work. The applicant is including these six weekends in their request because “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. Their time here is limited as a result of their visa requirements, is costly and keeps them away from their families. Expediting the installation enables them to return home sooner and remain compliant with their visa.” The applicant anticipates that the “noise will be minimal and not discernible from the street.” Staff believes that the request for weekend work is reasonable given the unique nature and circumstances of the work to be performed. Included in the Resolution are conditions of approval to mitigate impacts of the weekend work. These include notification of residents within 300 feet prior to commencement of weekend work; installation of signage at key locations that provide name and phone number for complaints and require work to cease upon receipt of a complaint until the situation is resolved. No weekend work is proposed during the Thanksgiving, Christmas and New Year holidays. Staff recommends approval of the requested noise waiver.
FISCAL IMPACT
None.
CEQA STATUS
Staff recommends the City Council find this noise waiver 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. This recommendation is incorporated in the attached resolution.
STAFF COMMUNICATION WITH THE PUBLIC
As required by the Noise Ordinance, staff mailed notices to property owners and site addresses within 300 feet of 6201 Shellmound Street 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: Navarre Oaks, Senior Planner
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Adam Politzer, Interim City Manager
ATTACHMENT
Draft Resolution, including Exhibit A, Applicant Request Letter 6201 Shellmound Street Noise Waiver
City Council Meeting | October 15, 2024
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City of Emeryville
CALIFORNIA
MEMORANDUM