RESOLUTION NO. 25-100
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Deacon Construction, LLC, For One Night Of Work Beginning On Thursday, December 4 2025 At 8:00 P.M. And Concluding On 8:00 A.M. On December 5, 2025 For The Replacement Of A Transformer That Requires Crane Work, A Light Tower, And A 300 kW Generator At Total Wine & More Located At 3938 Horton Street (APN: 7-617-20 AND 7-617-22)
WHEREAS, on September 19, 2025 Deacon Construction, LLC requested a Noise Waiver to facilitate the replacement of a transformer at Total Wine & More, located at 3938 Horton Street, requiring one night of work on December 4 and 5, 2025, between the hours Of 8:00 P.M. and 8:00 A.M; and
WHEREAS, a replacement of a transformer requires all electricity to the building be shut off; and
WHEREAS, a generator will run during the replacement project so that the refrigeration units in the building can continue to operate without disruption; and WHEREAS, the replacement of a transformer requires 12 hours to complete and must take place during non-business hours because the building’s heating, ventilation and air conditioning (“HVAC”) units must remain off as the variation in electricity from the generator providing temporary power can damage the HVAC system; and WHEREAS, Chapter 13 of Title 5 of the Emeryville Municipal Code limits construction noise to weekdays from 7:00 a.m. to 6:00 p.m., but allows a developer or contractor to ask the City Council for a waiver of the construction noise restrictions; and WHEREAS, on October 21, 2025, 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 construction work at 3938 Horton Street 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 RESOLVED, that the City Council of the City of Emeryville finds that the conditions set forth below provide adequate protection for nearby residents and businesses; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby approves the request for a waiver of construction noise hours for night work at 3938 Horton Street with the following conditions:
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Resolution No. 25-100
3938 Horton Street Noise Waiver
City Council Meeting | October 21, 2025
1. Work shall be allowed on December 4 and 5, 2025, as specified in the staff report, between the hours of 8:00 P.M. and 8:00 A.M. All work shall be limited to that described in the letter from Deacon Construction, LLC, dated September 19, 2025 attached hereto as Exhibit A.
2. A sign shall be posted, viewable from the public right of way adjacent to the work area, 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. 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.
3. The applicant shall notify the Community Development, Police, Fire and Public Works departments with updates should there be any change in scheduling.
3. 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.
4. If residents or local businesses complain, all work on the site and in the vicinity shall cease until the issue is resolved.
5. 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: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Resolution No. 25-100
3938 Horton Street Noise Waiver
City Council Meeting | October 21, 2025
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 21, 2025, by the following vote:
AYES: 5
Mayor Mourra, Vice Mayor Kaur and Council Members Priforce, Solomon and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Seattle | Portland | Sacramento | Pleasanton | Irvine
7745 Greenback Ln Suite 250
Citrus Heights, CA 95610
P: 916.969.0900
F: 916.729.0900
deacon.com
CA# 760475
September 19, 2025
Attention: Chadrick Smalley
Community Development Director
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
RE: 3938 Horton Street
Noise Waiver Request
Dear Director Smalley,
We are requesting that the City of Emeryville approve the Noise Waiver Request for 3938 Horton Street.
The reason for requesting to do this work during non-business hours is to avoid having to run the seven RTUs on unstable generator power. Total Wine is closed between 9:00 pm and 9:00 am.
This PG&E shutdown will require a generator, either way, to provide power to Total Wine’s single-phase equipment, such as their walk-in coolers, box refrigerators, and computers, while the work is being completed. The HVAC system is the challenge.
HVAC units are not conducive to being run on generator power because generator power is unstable power, with fluctuating voltage and frequency. Doing this work during regular business hours has the real potential for damage to their seven HVAC units on the roof.
This request is based on the following:
Hours and Days of Work Requested
PG&E Revised Date: 12 Hours Dec. 4th-5th, 2025
Set Up Time: 8:00 pm to 10:00 pm
Work Time: 10:00 pm to 6:00 am
Breakdown Time: 6:00 am to 8:00 am
Exhibit A
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Director Smalley
Type of Work to be Conducted
This work involves replacing a transformer located in the Northeast corner of the building. This requires shutting down power to the building while the work is being completed.
Work done before Shutdown
The transformer concrete pad has already been placed, the underground conduit has been installed and inspected, and trench plates currently cover the trench.
The electrician will set up and prepare the generator on the weekday (regular business hours) prior. The generator will not be run until the night of work.
Night of Shut Down
PG&E will disconnect the power at 10 pm.
The electricians will start up the generator.
PG&E will place the transformer, connect the existing primary lines to the new transformer, and energize the transformer.
HVAC units and any equipment that has multiple phases will be tested before turning on the new power
Crew Size
This will start with the crew showing up at 8 pm to set up. PG&E will have a four-person crew, the electrician will have a four-person crew, the HVAC subcontractor will have a one-person crew, and Deacon will have a superintendent onsite; a total of 10 individuals. All crew members will park on the opposite side of the building from where the residents on 40th street reside.
Type of Equipment to Be Used
Crane Truck
Light Tower
300 kW Generator
Location Where Work Will Take Place
Please see attached Plan C4.0 – Overall Site Plan.
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Director Smalley
Anticipated Impacts
Anticipated Impacts include minimal crew talking, equipment noise, and minimal light pollution.
• Crane Truck rated at 55 dB – only needed to place the transformer • Light Tower rated at 45 dB – only required when doing PG&E work • 300 kW Generator rated at a range of 60-70 dB – duration of work Not all equipment will be running simultaneously.
The Light Tower will be pointed directly down at the electrical trench, which is necessary for the crew to work safely. This work area is in a planter.
Why the Waiver is Needed
The reason for requesting to do this work during non-business hours is to avoid having to run the seven RTUs on unstable generator power. Total Wine is closed between 9:00 pm and 9:00 am.
This PG&E shutdown will require a generator, either way, to provide power to Total Wine’s single-phase equipment, such as their walk-in coolers, box refrigerators, and computers, while the work is being completed.
HVAC units, on the other hand, are not conducive to being run on generator power because generator power is unstable power, with fluctuating voltage and frequency.
Doing this work during regular business hours has the real potential for damage to their seven HVAC units on the roof.
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Director Smalley
We request the approval of this Noise Waiver. We are committed to creating a job site that is conscious, respectful, and committed to minimizing the impact on the surrounding neighbors.
Contact Person
Jeanine Fuller
Deacon Construction LLC
[email protected]
949.254.2250
Sincerely,
Jeanine Fuller
__________________________
Jeanine Fuller, Project Manager
Deacon Construction, LLC
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD
YERBA BUENA AVENUE
HOLLIS STREET HI-VOLT
HORTON STREET AVAILABLE 18,543 S.F. 241 15 13 14 32 13 13 13 13 13 13 13 12 12 13 13 13 13 TOTAL WINE & MORE 26,171 S.F. 99.2830 150.7170 172.5067 172.8741 141.7885 25.3847 24.0913 25.3817 122.5067 40.3884 (INCL. 50% OF CORRIDOR/ COMMON/ ELEC. ROOM) (INCL. 50% OF CORRIDOR/ COMMON/ ELEC. ROOM) Work Area NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
Seal and Re-strip
Existing Parking Area
Mill and Overlay
Existing Parking Area USE CODE PROVIDED 9'x18' 1 SPACE / 500 SF per §17.116.080 PROPOSED PARKING ANALYSIS REQUIRED 44,714 S.F. / 200 = 90 SPACES 9'x18' RETAIL (Oakland) STALL SIZE TOTAL 135 SPACES 241 SPACES * AVAILABLE SPACE AND STORAGE AREAS CALCULATED AS RETAIL USE 3 SPACE / 1000 SF per Table 9-4.404 44,714 S.F. 3/1000 = 135 SPACES RETAIL (Emeryville) Permitting Notes: 1) GC responsible for submitting for and pulling permit for doing work within the ROW 2) GC responsible for submitting for and pulling all permits for site work city DRAWN BY: D R A W I N G N O . DATE: CHECKED BY: MAO DMZ (716) 886-0211 570 DELAWARE AVE., BUFFALO, NY 14202 PREPARED FOR SEAL PROPERTY NUMBER: AREA: - TITLE: CONSULTANT S P E C I A L I N F O R M A T I O N : ALL CONTRACTORS SHALL GUARANTEE THEIR WORK FOR A PERIOD OF ONE YEAR FROM THE DATE OF OWNERS ACCEPTANCE. SHOP DRAWING SUBMITTALS ARE REQUIRED FOR ANY AND ALL STRUCTURES. No. DATE BY REMARKS D R A W I N G R E V I S I O N S : UNAUTHORIZED ALTERATIONS OF THIS DOCUMENT ARE IN VIOLATION OF SECTION #7209 OF THE STATE EDUCATION LAW. N O T I C E SCALE: C4.0 Overall Site Plan # 5207 1" = 30'
SIDEWALK RENVOATIONS
3938 HORTON STREET
EMERYVILLE, CA 94608 04.09.2024 NORTH 40TH STREET Work Area New Transformer Crane Truck Light Tower Light Tower Generator placed inside the truck dock Crew Parking Parking for Crews Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Location of Work Location of Work Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD Crane Truck
Docusign Envelope ID: 424CD3F7-F994-4F6A-BC93-D79DE1DEF6BD