HomeMy WebLinkAboutSR_Energize Eastside_Noise_Variance_v2DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
A. REPORT TO THE HEARING EXAMINER
Hearing Date: January 11, 2022
Project File Number: PR18-000049
Project Name: Puget Sound Energy Energize Eastside Noise Variance
Land Use File Number: LUA21-000425, V-H
Project Manager: Jill Ding, Senior Planner
Owners: City of Renton, 1055 S Grady Way, Renton, WA 98057
Liberty Ridge HOA, C/O Around the Clock, Inc., 716 W Meeker St, #101, Kent, WA
98032
Puget Sound Energy, PO BOX 97034, Bellevue, WA 98009
Quarry Industrial Park, LLC, 9125 10th Ave S, Seattle, WA 98108
Applicant: Bradley Strauch, Puget Sound Energy (PSE), 6500 Ursula Place S, Seattle, WA 98108
Contact: Marissa Gifford, HDR, 929 108th Ave NE, Suite 1300, Bellevue, WA 98004
Project Location: Pole locations: 4307301220 and 1623059012
Aerial crossing: 4307301220, 430730TRCT, 1623059035, 1623059131, 162305HYDR,
1623059033, 1623059078, 1623059012
Project Summary: The applicant is requesting a Hearing Examiner Noise Variance for construction
related to the Energize Eastside Project (LUA18-000055) which includes the upgrading
of four (4) miles of two (2) existing 115 kV transmission lines with two (2) 230 kV
transmission lines. The proposal would include construction work during nighttime
hours for work across State Route (SR) 169/Renton-Maple Valley Road. The requested
nighttime work hours would limit daytime traffic impacts along SR-169 and other
highways in the area. For construction work anticipated for this project, the three (3)
loudest pieces of equipment would include a compactor (83 decibels [dB]), a dozer
(82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase of
decibel addition for this equipment, the combined noise output is anticipated to reach
up to 87 dB should these three (3) pieces of equipment be in use simultaneously;
equipment use and associated noise would be episodic during nighttime work.
Construction activities at this location include installation of the conductor, shield
wire, and communication fiber on the transmission line support structures (also
referred to as “stringing”). Work is proposed for 4 to 5 nights per w eek for
approximately ten (10) weeks of consecutive (or non-consecutive) nighttime work
between February 1, 2022 and June 1, 2022. The proposed nighttime work would
occur within PSE’s existing easement near R-6, R-10, and R-14 zoned properties. It is
anticipated that noise impacts would be mitigated by existing topography, existing
vegetation, and distance from project activities. The requested nighttime work would
reduce the overall duration of the project. The proposed work would occur
approximately 120 feet away from the nearest residences.
Site Area: Approximately 6 acres
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 2 of 7
B. EXHIBITS:
Exhibit 1: Staff Report to the Hearing Examiner
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Noise Attenuation Map
Exhibit 4: Variance Justification
Exhibit 5: Public Comment and Staff Response
C. GENERAL INFORMATION:
1. Owner(s) of Record: City of Renton
1055 S Grady Way
Renton, WA 98057
Liberty Ridge HOA
C/O Around the Clock, Inc.
716 W Meeker St, #101
Kent, WA 98032
Puget Sound Energy
PO BOX 97034
Bellevue, WA 98009
Quarry Industrial Park, LLC
9125 10th Ave S
Seattle, WA 98108
2. Zoning Classification: The project site is located within the RC, R-10, and R-14
zones.
3. Comprehensive Plan Land Use Designation: The project site is located within the Residential Low
Density (RLD), Residential Medium Density (RMD), and N 30th St I-405
Project Location Map
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 3 of 8
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Comprehensive Plan N/A 5758 06/22/2015
Zoning N/A 5758 06/22/2015
Annexation History N/A 1293 11/18/1947
Annexation History N/A 2170 08/04/1965
Puget Sound Energy Energize
Eastside
LUA18-000055 03/24/2020
F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Title VIII, Chapter 7 Noise Level Regulations
G. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on November
24, 2021 and determined the application complete on November 30, 2021. The project complies with the
120-day review period.
2. The proposed poles would be located on parcels 4307301220 and 1623059012, and the aerial crossing of
the proposed transmission power lines would cross parcels 4307301220, 430730TRCT, 1623059035,
1623059131, 162305HYDR, 1623059033, 1623059078, 1623059012.
3. The project site is currently an existing transmission line corridor for use by PSE.
4. Moderate Coal Mine Hazard Areas, erosion hazard areas, floor hazard area, moderate landslide hazard
areas, protected slopes, a seismic hazard area, wetlands, streams, and the Cedar River, reach C (a shoreline
of statewide significance) are mapped within the project area.
5. The applicant is proposing construction work from February 2022 to June 2022.
Residential High Density (RHD) Comprehensive Plan
Land Use designations.
4. Existing Site Use: PSE transmission line corridor
5. Critical Areas: Moderate Coal Mine Hazard Areas, erosion hazard
areas, floor hazard area, moderate landslide hazard
areas, protected slopes, a seismic hazard area,
wetlands, streams, and the Cedar River, reach C (a
shoreline of statewide significance) are mapped within
the project area.
6. Neighborhood Characteristics: The PSE transmission line corridor crosses and abuts
State Route (SR) 169 Right-of-Way, RC, R-8, R-10, R-14,
and COR zoned properties.
7. Site Area: Approximately 6 acres
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 4 of 8
6. Staff received one public comment email regarding the proposed work, see Exhibit 5 for email chain
between City staff, PSE, and Ms. Melanie Jordan.
7. The requested noise variance would be exempt from Environmental (SEPA) Review in accordance per the
exemption for variance land use decisions under WAC 197-11-800(6)(e).
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: The proposal would include construction work during nighttime hours for work across
State Route (SR) 169/Renton-Maple Valley Road (RMC 4-4-030C). The requested nighttime work hours
would limit daytime traffic impacts along SR-169 and other highways in the area. For construction work
anticipated for this project, the three (3) loudest pieces of equipment would include a compactor (83
decibels [dB]), a dozer (82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase
of decibel addition for this equipment, the combined noise output is anticipated to reach up to 87 dB
should these three (3) pieces of equipment be in use simultaneously; equipment use and associated noise
would be episodic during nighttime work. Work is proposed for 4 to 5 nights per week for approximately
10 weeks of consecutive (or non-consecutive) nighttime work between February 1, 2022 and June 1, 2022.
The proposal is compliant with the following variance criteria, pursuant to RMC 8-7-8.D. Therefore, staff
recommends approval of the requested variance.
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 the requested noise variance is necessary
to avoid daytime rolling slowdowns on SR-169 that would cause significant traffic
congestion that would likely spill over onto City streets. Additionally, the Washington
State Department of Transportation (WSDOT) would not permit daytime rolling
slowdowns on SR-169 that have potential to impact traffic congestion on SR-169 and
other area highways. The proposed project occurs within PSE’s existing transmission
line corridor which incudes an aerial crossing of SR-169; no alternative locations are
possible. Strict application of the City’s noise regulations would deprive PSE of the ability
to construct this project in a manner that is compatible with the interests of the
surrounding community.
Staff concurs that the applicant suffers practical difficulties with regards to compliance
with the City’s adopted work hours as specified in RMC 4-4-030C as WSDOT will not
permit project construction during the daytime as this would result in increased traffic
congestion on SR-169.
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: The applicant contends that the proposed noise impacts would be
mitigated to the extent reasonably practicable under the circumstances and would be
of relatively short duration with regards to overall project construction. It is anticipated
that noise impacts would be mitigated by existing topography, existing vegetation, and
distance from project activities. The requested nighttime work would reduce the overall
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 5 of 8
duration of the project. The proposed work would occur approximately 120 feet away
from the nearest residences. In addition, the applicant is proposing to implement the
following mitigation measures to further mitigate any noise impacts on the surrounding
neighborhood:
a) Provide a PSE/Contractor complaint number as well as a list of designated
contact persons for the purpose of forwarding complaints.
b) Contractor will limit noise levels to the greatest extent practicable, and noise
levels will not exceed those described in this noise variance application.
c) Contractor will use equipment as described in this noise variance application.
d) Care will be taken not to bang tail gates while unloading material from truck
beds.
e) Contractor will avoid parking and idling vehicles and equipment next to
residences to the extent possible.
With the implementation of the above mitigation measures, the applicant contends
that the granting of the variance 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.
Staff concurs that with the mitigation proposed above, the requested noise variance
would not be materially detrimental to the public welfare, in addition, the proposed
work would reduce traffic impacts during the daytime hours as discussed in criterion
“a.” above. Staff recommends as a condition of approval, that the mitigation proposed
above be implemented during project construction.
✓
c. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: The applicant contends that the proposed work must be done at night
(10 pm to 7 am) between February 1, 2022 and June 1, 2022 due to WSDOT permit
requirements associated with necessary rolling slowdowns and to avoid significant
congestion impacts during the day on both SR-169 and City streets. Night work will be
limited to only that which is necessary due to stipulations in the WSDOT permit and
would be completed within a shorter time period than if the work were conducted
during the daytime hours.
Staff concurs that the requested variance is the minimum variance necessary to allow
the applicant to complete the required work in compliance with the conditions of their
WSDOT Permit for construction over SR-169, would also reduce daytime traffic
congestion along SR-169, and would allow the work to be completed within a shorter
time period.
Compliant if All
Conditions of
Approval are
Met
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:
1) Implementation of a noise monitoring program;
2) Maximum noise levels;
3) Limitation on types of equipment and use of particular equipment;
4) Limitation on back-up beepers for equipment;
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 6 of 8
5) Required use of noise shields or barriers;
6) Restrictions to specific times and days;
7) Specific requirements for documentation of compliance with the noise
variance conditions;
8) Specific requirements for notification to nearby residents;
9) Required cash security to pay for inspection services to verify compliance;
10) Required access to the project by the City to verify compliance with the noise
variance conditions;
11) Specific program to allow for temporary hotel vouchers to affected residents;
12) Requirements for written verification that all workers understand the noise
variance conditions for the project; and
13) Provision allowing the City to immediately revoke the variance approval if the
variance conditions are violated.
Staff Comment: The applicant anticipates that noise impacts would be mitigated by
existing topography, existing vegetation, and distance from project activities. The
requested nighttime work would reduce the overall duration of the project. The
proposed work would occur approximately 120 feet away from the nearest residences.
In addition, as previously discussed above under criterion “b.”, the applicant has
proposed several noise mitigation measures that could be implemented during project
construction to reduce the impacts of the proposed construction on surrounding
residential uses. The applicant further notes that they would not be able to limit their
usage of back-up beepers (#4 above) due to safety regulations and further notes that
noise shields or barriers (#5 above) would not be applicable to the project proposal.
Staff concurs that with the implementation of the mitigations measures as
recommended in criterion “b.” above that adverse impacts of the proposed construction
would be adequately mitigated.
✓
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: The applicant contends that the need for the variance is critical to
helping PSE alleviate congestion in a significant transportation corridor (SR-169) and
potential impacts onto City streets. Noise impacts to affected residences are temporary
and cannot be avoided given the need for the project and restrictions on work imposed
by WSDOT. In addition, the requested variance is also anticipated to result in a shorter
construction time period.
Staff concurs that the requested variance would allow the applicant to construct
required improvements associated with the Energize Eastside project in a manner that
balances potential adverse noise impacts that would occur during nighttime
construction hours to surrounding uses with the benefits of reducing traffic impacts
during daytime hours and completing the work within a shorter time period.
✓
f. The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 7 of 8
H. CONCLUSIONS:
1. The applicant, PSE, requested a noise variance in order to work during nighttime hours for work across
State Route (SR) 169/Renton-Maple Valley Road. Work is proposed for 4 to 5 nights per week for
approximately 10 weeks of consecutive (or non-consecutive) nighttime work between February 1, 2022
and June 1, 2022.
2. The proposed noise variance meets the seven (7) criteria to be considered in making a decision on a
variance request as specified by RMC 8-7-8.D, if all conditions of approval are met. The analysis of the
proposal according to noise variance criteria is found in the body of the Staff Report, see FOF 9.
I. RECOMMENDATION:
Staff recommends approval of the Puget Sound Energy Energize Eastside Noise Variance Noise Variance, File
No. LUA21-000425, V-H, as depicted in Exhibit 2, subject to the following conditions:
1. The Applicant shall implement the following noise mitigation measures:
a. Provide a PSE/Contractor complaint number as well as a list of designated contact persons for the
purpose of forwarding complaints.
Staff Comment: The applicant contends that there is no practical alternative location
as PSE’s existing transmission corridor includes an aerial crossing of SR-169 and is
located within residential areas of the City. Rolling slowdowns, which are necessary for
overhead line removal and installations, would not be permitted by WSDOT during
daylight hours due to congestion and traffic impacts.
Staff has reviewed the request and concurs that there are no practical alternative
locations or methods for the work proposed as WSDOT requirements do not permit
construction during the daytime hours. The proposed pole locations were evaluated
during the Environmental Impact Statement (EIS) process and Conditional Use Permit
review process for Energize Eastside (LUA18-000055). During this process, it was
determined that the proposed alignment for the transmission lines was the preferred
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: For construction work anticipated for this project, the three (3) loudest
pieces of equipment would include a compactor (83 decibels [dB]), a dozer (82 dB), and
an excavator or pump (both 81 dB). Based on the logarithmic increase of decibel
addition for this equipment, the combined noise output is anticipated to reach up to 87
dB should these three (3) pieces of equipment be in use simultaneously. At locations
with Class A EDNA receivers, the nighttime maximum noise level is 50 dBA per WAC
173-60-040. Noise levels between 70-90 dB (such that occur from a noisy restaurant,
freeway traffic, hair dryer, or City traffic) can cause annoyance to people but are well
below the threshold of pain (120-140 dB).
Work is anticipated to be completed between February 1, 2022 to June 1, 2022,
allowing for a quicker work period as opposed to daytime work. The proposed variance
to permit nighttime work is not anticipated to significantly impact nearby residences as
the closest residence is approximately 120 feet from project working areas.
City of Renton Department of Community & Economic Development
Puget Sound Energy Energize Eastside Noise Variance
Staff Report to the Hearing Examiner
LUA21-000425, V-H
Report of January 11, 2022 Page 8 of 8
b. Contractor will limit noise levels to the greatest extent practicable, and noise levels will not exceed
those described in this noise variance application.
c. Contractor will use equipment as described in this noise variance application.
d. Care will be taken not to bang tail gates while unloading material from truck beds.
e. Contractor will avoid parking and idling vehicles and equipment next to residences to the extent
possible.
f. A summary of any noise-related complaints received and the response provided shall be provided
to the City’s project manager within five (5) days of receiving the complaint.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
STAFF REPORT TO THE HEARING EXAMINER
EXHIBITS
Project Name:
Puget Sound Energy Energize Eastside Noise
Variance
Land Use File Number:
LUA21-000425, V-H
Date of Hearing
January 11, 2022
Staff Contact
Jill Ding
Senior Planner
Project Contact
Marissa Gifford, HDR
929 108th Ave NE, Suite
1300, Bellevue, WA 98004
Project Location
Pole locations:
4307301220 and
1623059012
Aerial crossing:
4307301220, 30730TRCT,
1623059035, 623059131,
162305HYDR,
1623059033, 623059078,
1623059012
The following exhibits are included with the Staff Report to the Hearing Examiner:
Exhibit 1: Staff Report to the Hearing Examiner
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Noise Attenuation Map
Exhibit 4: Variance Justification
Exhibit 5: Public Comment and Staff Response