HomeMy WebLinkAboutD_PSE_Noise_Variance_at_Sunset_Blvd_finalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_PSE Noise Variance at Sunset Blvd_final
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: June 25, 2026
Project File Number: PR26-000001
Project Name: PSE Noise Variance at Sunset Blvd Medical Building
Land Use File
Number:
LUA26-000158, NV-A
Project Manager: Ian Harris, Associate 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: Public Right-of-Way adjacent to 4401 NE Sunset Blvd (APN 0323059093)
Project Summary: The applicant, Puget Sound Energy, is requesting an Administrative Noise
Variance from RMC 8-7-2 (Noise Level Regulations, Maximum Environmental
Noise Levels) in order to provide service to a new medical building located at
4401 NE Sunset Blvd. The work would take place within the City's right-of-way.
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, from 9:00 p.m. to
6:00 a.m. on a date anticipated to be within a month of permit issuance. Noise
levels resulting from project construction activities are expected to generate
peak noise levels of 72 to 98 dBA. 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 p.m. to 7:00 a.m. 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 a one-ton truck, a
bucket truck, and a vactor truck.
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 2 of 8
D_PSE Noise Variance at Sunset Blvd_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 (MFP26001551)
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 May
6, 2026 and determined the application complete on May 12, 2026. Upon deeming the land use
application complete, the City issued a Notice of Application, which was mailed to the applicant,
property owner, and all property owners and tenants within 300 feet (300’) of the site.
Due to a dating error on the original notice, the project was re-noticed on June 9, 2026. The Notice of
Application and re-notice were also posted on the City’s website and on a notice board installed at
the project site, consistent with Renton Municipal Code (RMC) 4-8-090C. 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 Public Right-of-Way adjacent to 4401 NE Sunset Blvd (APN
0323059093) (Exhibits 2 and 4).
4. The overall project work includes a Minor Utility Franchise Permit (MFP26001551) (Exhibit 5).
5. Access to the site would be provided via NE Sunset Blvd.
6. According to City of Renton (COR) Maps, no critical areas exist at the project site.
7. The applicant is proposing one (1) night of work from nine o’clock (9:00) p.m. to six o’clock (6:00)
a.m. on a date within a month from permit issuance (Exhibit 3).
8. 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.
9. 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:
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 3 of 8
D_PSE Noise Variance at Sunset Blvd_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 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 4401 NE Sunset Blvd. The anticipated type of equipment used to
complete the work would include a one-ton truck, a bucket truck, and a vactor
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 72 to 98 dBA.
Staff concurs with the applicant that the location of the work is likely to impact
businesses located near NE Sunset Blvd 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. It would also mitigate
potential impacts to traffic flow by occurring at nighttime. 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.
In addition, on May 12, 2026, staff mailed a notice to property owners and
residents within 300 feet (300’) of the project location. Additionally, staff mailed
and posted a re-notice with correct dates on June 9, 2026. 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 seven (7) mitigation measures to the proposed
project:
• The applicant shall respond to impacted businesses and residents who
require special accommodations prior to the start of construction,
including but not limited to providing ear plugs or white-noise machines
upon request.
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 4 of 8
D_PSE Noise Variance at Sunset Blvd_final
• 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. This notification must include the type
of work being performed and provide the Project Manager’s phone number
for inquiries or noise complaints.
• The applicant shall prohibit tailgate banging. All truck tailgates must be
secured to prevent excessive noise.
• The applicant shall limit the amount of time vehicles are idling, backing up,
or otherwise operating in a manner that increases noise, and shall
minimize the time necessary to complete the work.
• All vehicle and equipment alarms shall operate in compliance with the
requirements of the Occupational Safety and Health Administration
(OSHA), Labor & Industries (L&I), Washington Administrative Code (WAC),
and Revised Code of Washington (RCW).
• All permitted nighttime work shall be restricted to Monday through Friday.
• A physical copy of the Noise Variance decision shall be kept on the project
site at all times.
✓
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 nine [9] 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 within one (1)
month (or less) from permit issuance, on a single night between the hours of 9:00
p.m. and 6:00 a.m. 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
MFP26001551 (Exhibit 5). The franchise permit was issued on April 30, 2026 and
is currently set to expire on April 30, 2027.
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.
✓
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;
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 5 of 8
D_PSE Noise Variance at Sunset Blvd_final
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 9:00 p.m. and 6:00 a.m., to complete the
construction work. Staff is recommending several mitigation measures to limit
potential impacts to nearby properties; see the Variance Analysis above under
subsection ‘b’ for the mitigation measures proposed for implementation as part
of the nighttime work. Any additional mitigation measures necessary to further
reduce or eliminate construction-related noise may be provided by the applicant
as needed.
✓
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 COR Maps, the project site is not located within any critical areas.
The noise impacts resulting from the site work are anticipated to be minimal in
nature. 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 scope of work proposed is to provide service to the adjacent property
and that cannot feasibly be done at an alternative location.
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 6 of 8
D_PSE Noise Variance at Sunset Blvd_final
E. CONCLUSIONS:
1. The subject site is located near the property at 4401 NE Sunset Blvd in the adjacent 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 4401 NE 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 in FOF 10, subsection ‘b’.
F. DECISION:
The PSE Noise Variance at Sunset Blvd Medical Building, File No. LUA26-000158, NV-A, as depicted in
Exhibit 4, is approved and is subject to the following conditions:
1. The applicant shall respond to impacted businesses and residents who require special
accommodations prior to the start of construction, including but not limited to providing ear plugs
or white-noise machines upon request.
2. 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. This notification
must include the type of work being performed and provide the Project Manager’s phone number for
inquiries or noise complaints.
3. The applicant shall prohibit tailgate banging. All truck tailgates must be secured to prevent excessive
noise.
4. The applicant shall limit the amount of time vehicles are idling, backing up, or otherwise operating in
a manner that increases noise, and shall minimize the time necessary to complete the work.
✓
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 72 to 98 dBA. These sound levels are expected to diminish
as distance increases.
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 p.m. and 7:00 a.m.,
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 upgrade work for a limited
period. As a result, the applicant is requesting a Noise Variance for one (1) night
to complete the identified upgrade work.
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 7 of 8
D_PSE Noise Variance at Sunset Blvd_final
5. All vehicle and equipment alarms shall operate in compliance with the requirements of the
Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I), Washington
Administrative Code (WAC), and Revised Code of Washington (RCW).
6. All permitted nighttime work shall be restricted to Monday through Friday.
7. A physical copy of the Noise Variance decision shall be kept on the project site at all times.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
for Matthew Herrera, Planning Director Date
TRANSMITTED on June 25, 2026 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 June 25, 2026June 25, 2026 to the Parties of Record:
Dale Fonk
ADF Properties LLC
15007 Woodinville-Redmond Rd, Unit #A
Woodinville, WA 98072
TRANSMITTED on June 25, 2026 to the following:
Gina Estep, CED Administrator
Justin Johnson, Acting Development Engineering Director
Nathan Janders, Development Engineering Manager
Clark Close, Current Planning 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 July 9, 2026. 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
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
6/25/2026 | 8:15 AM PDT
City of Renton Department of Community & Economic Development
PSE Noise Variance at Sunset Blvd Medical Building
Administrative Report & Decision
LUA26-000158, NV-A
Report of June 25, 2026 Page 8 of 8
D_PSE Noise Variance at Sunset Blvd_final
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: 6BF4D48C-96F4-84B5-8133-90B07F617FA2
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
PSE Noise Variance at Sunset Blvd Medical
Building
Land Use File Number:
LUA26-000158, NV-A
Date of Report
June 25, 2026
Staff Contact
Ian Harris
Associate Planner
Project Contact/Applicant
Katie Zimmerman, PSE, 1660
Park Ln, Burlington, WA
98233
Project Location
Public Right-of-Way
adjacent to 4401 NE
Sunset Blvd (APN
0323059093)032305909
3)
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 (MFP26001551)
Docusign Envelope ID: 6BF4D48C-96F4-84B5-8133-90B07F617FA2