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HomeMy WebLinkAboutSR_EVGO_Noise_Variance_231101_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_EVGO_Noise_Variance_231101_Final A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: November 2, 2023 Project File Number: PR23-000144 Project Name: EVGo Services Installation Land Use File Number: LUA23-000307, NV-A Project Manager: Alex Morganroth, Senior Planner Owners: ARGO Renton LLC, 4601 NE Sunset Blvd, Renton WA 98059 Contact: Jenny Chau, PSE, 6905 S 228th St Kent, WA 98032 Applicant: Corrie Rydberg, PSE, 3702 71st Ave W. University Place, WA 98466 Project Location: 4601 Sunset Blvd NE (APN 1494500010) Project Summary: The applicant, Puget Sound Energy (PSE) on behalf of EVGo Services LLC, is requesting an administrative noise variance from RMC 8-7-2 (Noise Level Regulations, Maximum Environmental Noise Levels) in order to install EV charging equipment at 4601 NE Sunset Blvd. The applicant is proposing to install approximately 720 feet of new electrical cabling, a new transformer, and switching circuits as part of the project. The applicant is proposing the work at night in order to limit disruptions to nearby businesses which may experience an outage during construction. The proposed nighttime work is scheduled to take place on November 25th and 26th from 12:00am to 4:00 am. An alternate work window may be required to complete the night work. Noise levels resulting from project construction activities are expected to generate peak noise levels of 84 to 85 dBA as perceived at 50 feet from the source of the noise. These sound levels are expected to diminish from the source of the noise. A variance from RMC 8-7-2 is necessary in order to conduct the nighttime work, as maximum permissible environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15 dBA permitted for periods of 1.5 to 15 minutes in any one-hour period (WAC 173-60-040). The pieces of equipment that are proposed to be utilized to complete the work include gas-powered equipment, vehicles, and a Sawzall. Hand tools would be used when possible. DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 City of Renton Department of Community & Economic Development EVGo Services Installation Administrative Report & Decision LUA23-000307, NV-A Report of November 2, 2023 Page 2 of 7 SR_EVGO_Noise_Variance_231101_Final B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Neighborhood Detail Map Exhibit 3: Noise Variance Request Justification Exhibit 4: Construction Plan Set Exhibit 5: Major Franchise Permit (MFP22004352) Exhibit 6: Notice of Application C. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 7 Noise Levels Regulations a. Section 8-7-2: Maximum Environmental Noise Levels b. Section 8-7-8: Variances and Appeal D. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on Setpember 14, 2023 and determined the application complete on September 20, 2023. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-5). 3. The nighttime project site is located on 4601 NE Sunset Blvd (APN 1494500010), in the parking lot of the existing Big Lots/Albertsons shopping complex (Exhibits 2 and 4). 4. The overall project work includes a Major Utility Franchise Permit (MFP22005770) (Exhibit 5). 5. Access to the site would be provided via Sunset Blvd NE. 6. No critical areas are mapped on the project site per COR Maps. 7. The applicant is proposing to install approximately 720 feet of new electrical cabling, a new transformer, and switching circuits to support new EV chargers in the shopping complex parking lot. The proposed nighttime work is scheduled to take place on November 3rd and 4th from 10:00pm to 5:00 am. An alternate work window may be required to complete the night work. An alternate work window may be required to complete the night work. 8. No public or agency comments were received. 9. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 10. Variance Analysis: PSE is requesting a noise variance in order to exceed the maximum nighttime environmental noise levels of RMC 8-7-2. The proposal is compliant with the following variance criteria, pursuant to RMC 8-7-8.D. Therefore, staff recommends approval of the requested variance, if all conditions of approval are met: DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 City of Renton Department of Community & Economic Development EVGo Services Installation Administrative Report & Decision LUA23-000307, NV-A Report of November 2, 2023 Page 3 of 7 SR_EVGO_Noise_Variance_231101_Final Compliance Variance Criteria and Analysis ✓ a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to the applicant’s property or project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. Staff Comment: The applicant contends that work to upgrade their facilities must be done at night in order to minimize the disruptions to nearby businesses created by a temporary shut off of power (Exhibit 3). The applicant further contends the Major Franchise Permit (MFP22004352) was approved only as night work (Exhibit 5). Permitted noise levels would be exceeded during the proposed installation of approximately 720 feet of new electrical cabling, a new transformer, and switching circuits. project. The anticipated type of equipment used to complete the work would include vehicles (F550 and F150), gas-powered equipment, and a Sawzall. Hand tools would be used when possible. Operation of this type of equipment would generate noise that would exceed the allowed noise level limits. Noise levels resulting from project construction activities are expected to generate peak noise levels of 84 to 85 dBA as perceived at 50 feet from the source of the noise. Staff concurs with the applicant that the location of the work is likely to impact businesses and residents located near Sunset Blvd NE if completed during the day time, which necessitates the need for nighttime work to mitigate traffic impacts on businesses and residences in the area, as well to limit the impacts of a temporary loss of power. By permitting nighttime work to exceed the allowable noise levels for nearby Class A and B EDNA properties, the applicant can limit the day time impacts on the nearby businesses and residents. Compliant if Condition of Approval is Met b. That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. Staff Comment: According to the applicant, temporary nighttime work would not be materially-detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. The applicant maintains that they would coordinate with any businesses that would be affected by the construction. On September 20, 2023, staff mailed a notice to property owners and residents within 500 feet of the project locations (Exhibit 6). It is anticipated that the proposed nighttime work has the potential to be materially detrimental to the public health, welfare or safety, or injurious to the property or improvements in the vicinity of the project site if no mitigation measures are applied to the proposed construction work. Therefore, in order to limit the noise impacts to surrounding properties and to ensure that businesses and residents are further notified and any concerns are addressed, staff recommends as a condition of approval that the applicant apply the following mi tigation measures to the proposed project: • The applicant shall respond to businesses and residents that require special accommodations prior to the start of construction. • Prohibit tailgate banging. All truck tailgates would be secured to prevent excessive noise from banging. DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 City of Renton Department of Community & Economic Development EVGo Services Installation Administrative Report & Decision LUA23-000307, NV-A Report of November 2, 2023 Page 4 of 7 SR_EVGO_Noise_Variance_231101_Final • Limit the amount of time a vehicle is idling, backing up, and time necessary to complete the work. • All alarms would operate under Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I), Washington Administrative Code (WAC), and Revised Code of Washington (RCW) rules and regulations. • A copy of noise variance would be kept on the project site at all times. • PSE coordinators shall notify all residents and commercial business of nighttime work activities at least 10 calendar days in advance of the proposed nighttime construction work. This notification shall include the type of work, as well as the Project Manager’s phone number should any notified party wish to request more information or to file complaints related to work activities. ✓ c. That the variance sought is the minimum variance which will accomplish the desired purpose. Staff Comment: The requested administrative variance would allow PSE to complete the necessary fieldwork for the project in the minimum number of hours needed. The planned nighttime construction work would be performed with trucks that are likely to create noise and flashing lights, gas-powered equipment, a Sawzall, and hand tools. The proposed work time frame is scheduled to take place on Saturday, November 25th and November 26th from 12:00 am to 4:00 am. An alternate work window may be required to complete the night work. Notification requirements are recommended as conditions of approval in order to diminish project impacts on the surrounding area. The applicant is performing the work under the PSE Franchise Permit MFP22004352 (Exhibit 5). The franchise permit was issued on September 1, 2023 and is currently set to expire on December 29, 2023. Staff concurs that the requested four-hour work window is the minimum needed to accomplish the site work to support the needs of PSE and their customer. ✓ d. That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. The variance approval may be subject to conditions including, but not limited to, the following: a. Implementation of a noise monitoring program; b. Maximum noise levels; c. Limitation on types of equipment and use of particular equipment; d. Limitation on back-up beepers for equipment; e. Required use of noise shields or barriers; f. Restrictions to specific times and days; g. Specific requirements for documentation of compliance with the noise variance conditions; h. Specific requirements for notification to nearby residents; i. Required cash security to pay for inspection services to verify compliance; DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 City of Renton Department of Community & Economic Development EVGo Services Installation Administrative Report & Decision LUA23-000307, NV-A Report of November 2, 2023 Page 5 of 7 SR_EVGO_Noise_Variance_231101_Final j. Required access to the project by the City to verify compliance with the noise variance conditions; k. Specific program to allow for temporary hotel vouchers to effected residents; l. Requirements for written verification that all workers understand the noise variance conditions for the project; and m. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Comment: The applicant is requesting a work schedule of no more than two (2) nights, between the hours of 12:00 am and 4:00 am, to complete the construction work. Staff is recommending several mitigation measures to limit impacts to nearby properties, see variance analysis above under subsection ‘b’ for proposed mitigation measures that are proposed to be implemented as part of the nighttime work. Any additional mitigation measures to diminish or eliminate noise during construction may be provided by the applicant as necessary. ✓ e. The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. Staff Comment: According to the applicant, the proposed nighttime work would not cause impacts to the public safety, health and welfare and no harm would be suffered by the nearby properties due to the temporary increase over the allowed decibel levels during the requested PM hours. Staff is recommending mitigation measures to reduce or eliminate nighttime noise. See analysis above under subsection ‘b’. ✓ f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: No alternative locations are proposed to complete the requested work to support the installation of EV chargers. According to the applicant, the work area is specific to the location where the EV chargers are to be installed. ✓ g. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Comment: According to the applicant, the maximum noise levels projected for this upgrade work, based on the proposed construction equipment, are estimated to range from 84 dBA to 85 dBA at a distance of 50 feet from the source. These sound levels are expected to diminish over greater distances. Per the WAC 173-60-040, maximum permissible environmental noise levels, the noise limitations for a Class B EDNA receiving property (commercial) from a Class B source (commercial) is 60 dBA. The noise limitations for a Class A EDNA receiving property (residential) from a Class B source (commercial) is 55 dBA. Between the hours of 10:00 pm and 7:00 am, the noise limitations are further reduced by 10 dBA for Class A EDNA receiving properties; therefore, the permissible noise levels of 45 dBA for the Class A receiving properties and 60 dBA for the Class B receiving properties would be exceeded by the maximum noise level estimates projected for work for a limited period. As a result, the applicant is requesting a noise variance for a total of two (2) nights (up to 4 hours) to complete the identified upgrade work. DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 City of Renton Department of Community & Economic Development EVGo Services Installation Administrative Report & Decision LUA23-000307, NV-A Report of November 2, 2023 Page 6 of 7 SR_EVGO_Noise_Variance_231101_Final E. CONCLUSIONS: 1.The subject site is located at 4601 NE Sunset Blvd. 2.The work requires a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) as levels of noise for nighttime would be exceeded. 3.The applicant, PSE, requested a noise variance in order to exceed the nighttime dBA limits for work from an EDNA Class B property that would be received from EDNA Class A and B properties located near NE 4601 Sunset Blvd. 4.The requested variance meets the seven (7) criteria to be considered in making a decision on a variance request as specified in RMC 8-7-8, provided the applicant complies with City Code and conditions of approval, see FOF 10. F.DECISION: The EVGo Services Installation, File No. LUA23-000307, NV-A, as depicted in Exhibit 4, is approved and is subject to the following conditions: 1.The applicant shall respond to residents and businesses that require special accommodations prior to the start of construction. 2.The applicant shall implement the following mitigation measures to diminish or eliminate noise during night work, as follows: a.All truck tailgates shall be secured to prevent excessive noise from banging. b.The amount of time a vehicle is idling, backing up, or being used to upgrade existing facilities shall be limited to no more than is necessary to complete the required task. c.All alarms shall operate under Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I), Washington Administrative Code (WAC), and Revised Code of Washington (RCW) rules and regulations. d.A copy of noise variance shall be kept on the project site at all times. e.The applicant and/or their construction coordinators shall notify all residents impacted by the proposed nighttime work activities at least 10 calendar days in advance of the proposed nighttime construction work. This notification shall include the type of work, as well as the Project Manager’s phone number should any notified party wish to request more information or to file complaints related to work activities. 3.Additional mitigation measures to diminish or eliminate nois e during construction are to be provided by the applicant as necessary. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Acting Planning Director Date DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 11/2/2023 | 8:18 AM PDT City of Renton Department of Community & Economic Development EVGo Services Installation Administrative Report & Decision LUA23-000307, NV-A Report of November 2, 2023 Page 7 of 7 SR_EVGO_Noise_Variance_231101_Final TRANSMITTED on November 2, 2023 to the Owner/Applicant/Contact: Owner: Applicant: Contact: ARGO Renton LLC, 4601 NE Sunset Blvd, Renton WA 98059 Corrie Rydberg, PSE, 3702 71st Ave W. University Place, WA 98466 Jenny Chau, PSE, 6905 S 228th St Kent, WA 98032 TRANSMITTED on November 2, 2023 to the Parties of Record: None. TRANSMITTED on November 2, 2023 to the following: Vanessa Dolbee, Interim CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal G. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on November 16, 2023. Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: EVGo Services Installation Land Use File Number: LUA23-000307, NV-A Date of Report November 2, 2023 Staff Contact Alex Morganroth Senior Planner Project Contact Jenny Chau, PSE, 6905 S 228th St Kent, WA 98032 Project Location 4601 Sunset Blvd NE (APN 1494500010) The following exhibits are included with the Administrative Report: Exhibit 1: Administrative Decision Exhibit 2: Neighborhood Detail Map Exhibit 3: Noise Variance Request Justification Exhibit 4: Construction Plan Set Exhibit 5: Major Franchise Permit (MFP22005770) Exhibit 6: Notice of Application DocuSign Envelope ID: C9C8C348-0198-45CD-BDC3-74D3F59038C1