DATE:
April 1, 2025
TO:
LaTanya Bellow, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Paving Work On Hollis Street, Park Avenue, 45th Street, 53rd Street, Stanford Avenue, And Powell Street On Non-Holiday Dates To Be Determined Between April 2, 2025 And October 30, 2025 By The City Of Emeryville And Bay Cities Paving & Grading Inc. For Work Related To Street Improvements As Part Of The 2024 Sustainable Streetscapes, Project No. EPW-23008 (CIP No. 24221005) (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 for paving work on Hollis Street, Park Avenue, 45th Street, 53rd Street, Stanford Avenue, and Powell Street on non-holiday dates to be determined between April 2, 2025 and October 30, 2025 for work related to street improvements as part of the 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008.
Background
On June 4, 2024, the City Council authorized the construction of the 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008 (CIP No. 24221005) by awarding a contract to Bay Cities Paving and Grading Inc. (BCPG).
Construction of the project began in September 2024 throughout the City and work is currently underway on the Hollis Street corridor. To ensure safe and timely construction of the improvements with the least disruption to transit, freight, and other vehicular traffic, BCPG has requested to perform portions of their paving work on Hollis Street between 40th Street and Powell Street. This would also include paving within 150 feet of the side streets for the intersections along the length of the project.
To proactively inform local residents of the upcoming nighttime work by BCPG, staff propose to send 72-hour advance notification to all addresses within a 600-foot radius of the project site prior to the commencement of work.
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. on weekdays but allows a developer or contractor to request a waiver from the City Council for the construction noise restrictions (the “Noise Ordinance”). Section 5-13.06 sets forth the procedures for a waiver. The applicant must submit a request, accompanied by any required fee, to the Planning or Public Works 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 any conditions 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 of approval, or if complaints are received and not satisfactorily resolved.
Reason for Noise Waiver Request
The Noise Ordinance limits construction noise to 11 hours per day (7:00 a.m. – 6:00 p.m.), Monday through Friday. Due to the high volume of traffic, and the sensitive nature of both Powell and Hollis Streets certain portions of the construction work are requested to be performed at night and during weekend daytime periods when there are fewer transit services, and freight deliveries. The work would include paving operations along Hollis Street between 40th and Powell Street. Side streets may be paved up to 150 feet from their associated intersection along the length of the project. Overall, this would mean less disruption of normal operations to residents and businesses along the Hollis Street corridor during peak business and commute hours.
Conditions of Approval
The proposed conditions of approval, as requested by the City staff on behalf of Bay Cities Paving and Grading Inc., are as follows:
Nighttime work between the hours of 6:00 p.m. and 7:00 a.m. (Monday – Sunday) on dates to be determined with work happening between April 2, 2025 and October 30, 2025 to perform paving operations on Hollis Street between 40th Street and Powell Street, and within 200 feet of the intersections of Hollis Street and Park Avenue, 45th Street, 53rd Street, Stanford Avenue, and Powell Street; and Weekend daytime work between the hours of 7:00 a.m. and 6:00 p.m. on dates to be determined with work happening between April 2, 2025 and October 30, 2025 to perform paving operations on Hollis Street between 40th Street and Powell Street, and within 200 feet of the intersections of Hollis Street and Park Avenue, 45th Street, 53rd Street, Stanford Avenue, and Powell Street; and Work by BCPG and City shall not occur on Holidays including Memorial Day (5/26/25), Juneteenth (6/19/25), Independence Day (7/4/25), Labor Day (9/1/25), and Indigenous Peoples’ Day (10/13/25); and City staff shall notify all neighbors within 600 feet of the site, the Emeryville Police and Public Works Departments, and Alameda County Fire Department, 72 hours prior to commencing night or weekend work; and 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. environmental review
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 it can be seen with certainty that there is no possibility that this noise waiver will cause a significant effect on the environment.
Fiscal Impact
None.
Staff Communication with the Public
As required by the Noise Ordinance, staff mailed notices to property owners and site addresses within 600 feet of the project site and published a legal advertisement in the Oakland Tribune.
Conflict of Interest
None.
Conclusion
Staff recommends that the City Council conduct a public hearing and grant a waiver from the Noise Ordinance for paving work on Hollis Street, Park Avenue, 45th Street, 53rd Street, Stanford Avenue, and Powell Street for dates to be determined between April 2, 2025 and October 30, 2025 for work related street improvements as part of the 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008.
PREPARED BY: Phillip Toste, Associate Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
LaTanya Bellow, City Manager
Attachments
Draft Resolution
2024 Sustainable Streetscapes Noise Ordinance Waiver
City Council Meeting | April 1, 2025
City of Emeryville
CALIFORNIA
MEMORANDUM