HomeMy WebLinkAboutD_PSE_Noise_Variance_at_308_Burnett_Ave_N_finalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_PSE Noise Variance at 308 Burnett Ave N_final
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: December 1, 2025
Project File Number: PR17-000173
Project Name: PSE Noise Variance at 308 Burnett Ave N
Land Use File Number: LUA25-000365, NV-A
Project Manager: Ashley Wragge, Assistant Planner
Owner: City of Renton, 1055 S Grady Way, Renton, WA 98055
Applicant/ Contact: Katie Zimmerman, PSE, 1660 Park Ln, Burlington, WA 98233
Project Location: Right-of-Way adjacent to 308 Burnett Ave N (APN 7225500495)
Project Summary: The applicant, Puget Sound Energy (PSE), is requesting an Administrative
Noise Variance from RMC 8-7-2 (Noise Level Regulations, Maximum
Environmental Noise Levels) in order to replace an existing utility pole with a
new pole adjacent to 308 Burnett Ave N. The applicant is proposing the work
at night to limit disruption to nearby businesses since this maintenance work
would require power outages to several businesses. The work would take one
(1) night to complete and the proposed night work would occur from 11:00 pm
to 6:00 am on a date between mid-November to the end of December 2025.
Noise levels resulting from project construction activities are expected to
generate peak noise levels of 84 to 90 dBA as perceived at 70 feet (70’) 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 five (5) to 15 dBA permitted for periods of one
and one-half (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 a vacuum truck, a flatbed truck, a line truck, and a bucket truck. When
possible, minimal use of loud equipment and tools as well as breaks will be
utilized to minimize sound levels.
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Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 2 of 8
D_PSE Noise Variance at 308 Burnett Ave N_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: Minor Franchise Permit (MFP24001934)
Exhibit 6: Notice of Application
Exhibit 7: King County Wastewater Treatment Division Comment, dated November 10, 2025
Exhibit 8: King County Wastewater Treatment Division Comment Response, dated November 13,
2025
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
October 22, 2025 and determined the application complete on October 27, 2025. The project
complies with the Type II 100-day review time period.
2. The applicant’s submittal materials comply with the requirements necessary to process the
administrative variance request (Exhibit 2-5).
3. The nighttime project site is located in the Right of Way (ROW) adjacent to 308 Burnett Ave N (APN
7225500495) (Exhibits 2 and 4).
4. The overall project work includes a Minor Utility Franchise Permit (MFP24001934) (Exhibit 5).
5. Access to the site would be provided via Burnett Ave N.
6. The site is mapped with a high seismic hazard and is located within the Downtown Wellhead
Protection Area Zone 1.
7. The applicant is proposing night work from 11:00 pm to 6:00 am on a date between mid-November
to the end of December 2025 (Exhibit 3).
8. Staff received a public comment letter from King County Wastewater Treatment Division (KCWTD)
(Exhibit 7) indicating that the Eastside Interceptor is located in the right of way of the proposed work
area. Staff provided a response letter (Exhibit 8) granting the WTD additonal time to review the
Construction Plan Set (Exhibit 4) based on their concerns over potential conflicts regarding a sewer
line. No additional comments were made but the report contains analysis related to the sewer line
conflict concerns.
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
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 3 of 8
D_PSE Noise Variance at 308 Burnett Ave N_final
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 8-7-8D. Therefore, staff recommends approval of the requested variance,
if all conditions of approval are met:
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 shutoff of power (Exhibit 3). Permitted noise levels would be
exceeded during the proposed utility pole replacement in the Right-of Way (ROW)
adjacent to 308 Burnett Ave N. The anticipated type of equipment used to
complete the work would include a vacuum truck, a one-ton flatbed truck, a line
truck, and a bucket truck. 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
90 dBA as perceived at 70 feet (70’) from the source of the noise.
Staff concurs with the applicant that the location of the work is likely to impact
businesses located near Burnett Ave N if completed during the daytime, which
necessitates the need for nighttime work. Nighttime work would mitigate the
impacts of temporary power loss to businesses during operational hours as well
as residences during typical usage hours in the area. By permitting nighttime work
to exceed the allowable noise levels for nearby Class A EDNA properties, the
applicant can limit the daytime impacts on the nearby businesses and residents.
Compliant if
Conditions
of Approval
are 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. On November 10, 2025, staff received a comment letter
from the King County Wastewater Treatment Division (KCWTD) regarding
concerns over the proximity of the utility pole construction to an existing sewer
line. Therefore, staff recommends, as a condition of approval, that the applicant
coordinate with the KCWTD on construction dates to allow for a King County
Inspector to be present during construction if desired by KCWTD.
In addition, on October 27, 2025, staff mailed a notice to property owners and
residents within 300 feet (300’) of the project location (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
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 4 of 8
D_PSE Noise Variance at 308 Burnett Ave N_final
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 seven (7) mitigation measures to
the proposed project:
• The applicant shall respond to impacted businesses and residents that
require special accommodations prior to the start of construction.
Including, but not limited to, ear plugs and white noise machines as
requested.
• The applicant shall prohibit tailgate banging. All truck tailgates would be
secured to prevent excessive noise from banging.
• The applicant shall limit the amount of time a vehicle is idling, backing up,
and time necessary to complete the work.
• 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.
• All night work shall occur Monday through Friday.
• A copy of the Noise Variance decision shall be kept on the project site at
all times.
• PSE coordinators shall notify all residents and commercial businesses of
nighttime work activities at least five (5) 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 Noise Variance would allow PSE to
complete the necessary fieldwork for the project in the minimum number of hours
needed (approximately eight [8] hours). The planned nighttime construction work
would be performed with trucks that are likely to create noise and have flashing
lights, gas powered equipment, and hand tools.
The proposed work time frame is scheduled to take place on a date between mid-
November and the end of December 2025 from approximately 11:00 pm to 6:00
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
MFP24001934 (Exhibit 5). The franchise permit was issued on April 25, 2024 and
is currently set to expire on November 20, 2026.
Staff concurs that the requested one (1) night of work window is the minimum
needed to accomplish the site work to support the needs of PSE and their
customers.
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 5 of 8
D_PSE Noise Variance at 308 Burnett Ave N_final
✓
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;
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 one
(1) night, between the hours of 11:00 pm and 6:00 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 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 late PM and early AM hours.
According to City of Renton (COR) Maps, the project site is located within a high
seismic hazard area and the Downtown Wellhead Protection Area Zone 1. The
noise impacts resulting from the site work are anticipated to be minimal in nature.
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 6 of 8
D_PSE Noise Variance at 308 Burnett Ave N_final
To reduce or eliminate nighttime noise, staff is recommending mitigation
measures as written 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. The utility pole at the project site needs to be replaced and that cannot
feasibly be done at an alternative location.
✓
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 to 90 dBA at 70 feet (70’) 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 A EDNA receiving property (residential) from a Class
C source (right-of-way) is 60 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 level of 50 dBA would be exceeded by
the maximum noise level estimates projected for the site investigation work for a
limited period. As a result, the applicant is requesting a Noise Variance for a total
of one (1) night to complete the identified upgrade work.
E. CONCLUSIONS:
1. The subject site is located near 308 Burnett Ave N in the public right-of-way.
2. The work requires a variance from RMC 8-7-2 (Noise Level 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 C source (right-of-way) that would be received within EDNA Class A properties
located near 308 Burnett Ave N.
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 in FOF 10, subsection ‘b’.
F. DECISION:
The PSE Noise Variance at 308 Burnett Ave N, File No. LUA25-000365, NV-A, as depicted in Exhibit 4, is
approved and is subject to the following conditions:
1. The applicant shall coordinate with the King County Wastewater Treatment Division (KCWTD) on
construction dates to allow for a King County Inspector to be present during construction if desired
by KCWTD.
2. The applicant shall respond to affected businesses and residents that require special
accommodations prior to the start of construction. Including, but not limited to, ear plugs and white
noise machines as requested.
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 7 of 8
D_PSE Noise Variance at 308 Burnett Ave N_final
3. The applicant shall prohibit tailgate banging. All truck tailgates would be secured to prevent
excessive noise from banging.
4. The applicant shall limit the amount of time a vehicle is idling, backing up, and time necessary to
complete the work.
5. 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.
6. All night work shall occur Monday through Friday.
7. A copy of the Noise Variance decision shall be kept on the project site at all times.
8. PSE coordinators shall notify all residents and commercial businesses of nighttime work activities
at least five (5) 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.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on December 1, 2025 to the Owner/Applicant/Contact:
Owner: Applicant/ Contact:
City of Renton
1055 S Grady Way
Renton, WA 98055
Katie Zimmerman
Puget Sound Energy (PSE)
1660 Park Ln
Burlington, WA 98233
TRANSMITTED on December 1, 2025 to the Parties of Record:
Matt Cobbinah
Potelco, Inc
6905 S 228th St
Kent, WA 98032
Emmeline Aquino
King County Wastewater Treatment
Department
201 S Jackson St, KSC-NR-0503
Seattle, WA 98104
TRANSMITTED on December 1, 2025 to the following:
Gina Estep, CED Administrator
Justin Johnson, Acting Development Engineering Director
Clark H. Close, Current Planning Manager
Anjela Barton, Fire Marshal
Nathan Janders, Development Engineering Manager
Amanda Free, Economic Development Director
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
12/1/2025 | 2:52 PM PST
City of Renton Department of Community & Economic Development
PSE Noise Variance at 308 Burnett Ave N
Administrative Report & Decision
LUA25-000365, NV-A
Report of December 1, 2025 Page 8 of 8
D_PSE Noise Variance at 308 Burnett Ave N_final
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 December 15, 2025. An appeal of the decision must be filed
within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). 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: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
PSE Noise Variance at 308 Burnett Ave N
Land Use File Number:
LUA25-000365, NV-A
Date of Report
December 1, 2025
Staff Contact
Ashley Wragge
Assistant Planner
Project Contact/Applicant
Katie Zimmerman, PSE, 1660
Park Ln, Burlington, WA
98233
Project Location
Right-of-Way adjacent
to 308 Burnett Ave N
(APN 7225500495)
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: Minor Franchise Permit (MFP24001934)
Exhibit 6: Notice of Application
Exhibit 7: King County Wastewater Treatment Department Comment, dated November 10,
2025
Exhibit 8: King County Wastewater Treatment Department Comment Response, dated
November 13, 2025
Docusign Envelope ID: D41F9E7B-E702-43DC-BB3B-4B8C87A6AD0F