HomeMy WebLinkAboutSR_Engr1_Comcast_Noise_Variance_220214_v1DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_Engr1_Comcast_Noise_Variance_220214_v1
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: February 14, 2022
Project File Number: PR21-000346
Project Name: Engr1 Comcast
Land Use File Number: LUA21-000335, NV-A
Project Manager: Clark H. Close, Senior Planner
Owners: MBS Renton Investment, 1305 N 30th St, Renton, WA 98056
Applicant/Contact: Jose A. Cosme, Potelco, Inc., 1216 140th Ave Ct E, Sumner, WA 98390
Project Location: 1305 N 30th St, Renton, WA 98056
Project Summary: The applicant is requesting an administrative noise variance from RMC 8-7-2 (Noise
Level Regulations, Maximum Environmental Noise Levels) in order to replace aging
wood distribution poles, raise and replace street lights, upgrade select electrical
equipment, and other secondary work in the Kennydale Community Planning Area.
The project’s starting location is near 903 N 36th St, moves towards the intersection
of N 30th St and Park Ave N, and ends near 2417 Jones Ave NE. Near the intersection
of N 30th St and Park Ave N, the applicant is proposing to replace Pole 09, located
north of 1305 N 30th St, to prevent a power outage to four (4) businesses during the
daytime. The proposed night time work is scheduled to take place on Tuesday, March
8, 2022, from 9:00 pm to 5:00 am. It is anticipated that the distribution pole would
be set during the day and transfer of the equipment would occur at night. 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 80 to 95 dBA as perceived at 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 night time 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 a vacuum truck, bucket truck,
1 ton truck, and 1 ton flat bed.
N 30th St N 30th St Park Ave NE N 29th St I-405 DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 2 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Noise Variance Request Justification
Exhibit 4: Temporary Traffic Control Plan
Exhibit 5: Notification Letter
Exhibit 6: Site Design
Exhibit 7: Photographs of Pole 09
Exhibit 8: Major Franchise Permit (MFP20004611)
Exhibit 9: 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
September 3, 2021 and determined the application complete on January 26, 2022. 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 2-8).
3. The night time project site is located near the intersection of Park Ave N and N 30th St at or near 1305 N
30th St (Exhibit 2).
4. The overall project work includes a Major Utility Franchise Permit (MFP20004611) (Exhibit 8). The
project’s starting location is near 903 N 36th St, moves towards the intersection of N 30th St and Park Ave
N, and ends near 2417 Jones Ave NE (Exhibit 6).
5. Access to the site would be provided via N 30th St.
6. The site is mapped within Wellhead Protection Area Zone 2.
7. The applicant is proposing to replace the aging wood pole and upgrade select electric equipment during
the evening of Tuesday, March 8, 2022. The applicant is requested to complete the work in one (1) night
between the collective hours of 9:00 p.m. and 5:00 a.m.
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.
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 3 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
10. Variance Analysis: Potelco, Inc. is requesting a noise variance in order to exceed the maximum night time
(between the hours of 10:00 pm and 7:00 am) 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:
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 for this project must be done at night
as the pole that is to be replaced, P09, provides electricity to four (4) businesses (Exhibit
7). The applicant further contends that two (2) of the four (4) businesses are unable take
on a power outage during the day and night work is necessary to limit the loss of
revenue that would occur due to a power outage during the day time hours.
The applicant maintains that working at night is the best way to minimize negative
impacts that would from a day time power outage to two (2) businesses along N 30th
St. Permitted noise levels would be exceeded during the proposed pole replacement
work at night near the intersection of Park Ave N and N 30th St (Exhibit 2). The
anticipated type of equipment used to complete the work would include a vacuum truck,
48- to 52-foot bucket truck, 1 ton truck, 1 ton flat bed, and miscellaneous hand tools.
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
anticipated to generate peak noise levels of 80 to 111 dBA as perceived at the source of
the noise. The decibel levels to some equipment that may be used in the field are as
follows: 85 excavator (John Deer) 85 dBA, 10 yard dump truck 80 dBA, 410 backhoe
(John Deere) 84-93 dBA, Vacuum truck 90-95 dBA, Compressor 85 dBA, Saw cutting 99-
102 dBA, and Jackhammer 102-111 dBA.
Noise levels (sound pressure levels) attenuate in accordance with an inverse square law
when considered to be emanating from a point source. For example, the maximum
noise levels projected for the use of the vacuum truck, is estimated to be 70-80 decibels
(dBA) at the work location, decreasing with distance to 60-70 dBA at a 50-foot distance,
55-63 dBA at a 100-foot distance.
Staff concurs with the applicant that the location of the work is likely to impact
businesses located along N 30th St if completed during the day time, which necessitates
the need for night time work to mitigate the impacts on businesses in the area. By
allowing night time work to exceed the noise levels for the Class A EDNA properties, the
applicant can limit the impacts due to a power outage on the nearby businesses.
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 night time 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 contends that sound propagation for a source, such as the proposed
construction equipment would propagate a 6-dBA noise level decrease with the
doubling of distance from a stationary noise source. For example, a noise level of 70
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 4 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
dBA measured at 50 feet, 64 dBA at 100 feet, 58 dBA at 200 feet and 52 dBA at 400
feet. In addition, noise would also decrease if an object interfered with the receiver’s
line of sight to the noise source.
The applicant has spoken with each business owner to notify them of the upcoming
power outage. Tuesday night was determined to be the least busy night for the
impacted businesses. According to the applicant, no residences would lose their power
during the night work. The applicant is proposing to notify the residences living of the
power outage and night work by email and flyer notification to inform residents that
reside near the construction site that there would be night work nearby and that noise
would be associated with the proposed work. This notification would 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. Staff mailed
a notice to residents within 500 feet of the project locations (Exhibit 9). The applicant
has proposed other effective mitigation measures in advance of the work activities, as
follows:
• Prohibit tailgate banging. All truck tailgates would be secured to prevent
excessive noise from banging.
• Limit the amount of time a vehicle is idling, backing up, and time necessary to
vacuum a hole for a new pole.
• 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.
• The Puget Sound Energy Customer Outage Coordinators would notify all
residents and commercial business of night time work activities at least 10
calendar days in advance of the proposed night time construction work.
Staff concurs with the applicant that the variance would not be materially detrimental
to the public health, welfare or safety, or injurious to the property or improvements in
the vicinity of the project site. The applicant has proposed effective mitigation measures
that would limit the impacts on the Class A EDNA properties by completing much of the
pole replacement work during the day (Exhibit 6). In order to ensure that any business
or resident concerns are adequately addressed, staff recommends as a condition of
approval that the applicant respond to businesses and residents that require special
accommodations prior to the start of construction
✓
c. That the variance sought is the minimum variance which will accomplish the
desired purpose.
Staff Comment: The requested administrative variance would allow Potelco, Inc. to
complete the necessary fieldwork for the project in the minimum number of
hours/nights needed. The night time project activities would include the replacement of
an aging wood utility pole and select electrical equipment upgrades. The planned power
outage and construction work would be performed with trucks that are likely to create
noise and flashing lights.
The work time frame proposed is scheduled to take place on Tuesday, March 8, 2022,
after notification requirements can be made, to diminish project impacts on the
surrounding area. The applicant is performing the work under the Puget Sound Energy
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 5 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
– Electric Major Franchise Permit (MFP20004611) (Exhibit 8). The franchise permit was
issued on October 26, 2020 and is currently set to expire on April 29, 2022.
Staff concurs that the request is the minimum needed to accomplish the site work to
support the needs of Puget Sound Energy and the requests of the impacted businesses.
Compliant if
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:
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 to complete the construction work. According to the applicant, a number of
mitigation measures are proposed to help limit impacts on the Class A EDNA properties.
Potelco, Inc. is proposing noise variance conditions, see variance analysis above under
subsection ‘b’ for proposed mitigation measures that would be implemented as part of
the site investigation work. To maintain the highest level of mitigation, staff
recommends as a condition of approval that the applicant implement the other
proposed mitigation measures in advance of the work activities to diminish or eliminate
noise during night work. Additional mitigation measures to diminish or eliminate noise
during construction are to 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 services provided by the applicant on
behalf of Puget Sound Energy are very important to public safety, health and welfare as
Potelco, Inc. intends to replace aging and/or unstructurally sound poles for their
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 6 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
customers. The applicant maintains that their crews would be made aware of the
impacts the noise variance would have on residents and property owners and the
conditions of the project. According to the applicant, all workers would be verbally
informed during a safety/scope of work briefing that is either conducted at the yard
and/or job site. The location where the pole replacement work is scheduled to take place
is located near the intersection of Park Ave N and N 30th St. The noise impacts resulting
from the site work is located in the Wellhead Protection Area Zone 2 would be minimal
in nature. The applicant has identified mitigation measures to reduce or eliminate night
time noise. See analysis above under subsections ‘b’ and ‘d’.
✓
f. The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
Staff Comment: No alternative locations are possible for the installation of a new utility
pole that needs to be replaced near the existing unstructurally sound pole to avoid new
routing of power lines both overhead and underground.
✓
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
work, based on the proposed construction equipment, are estimated to be 70 to 82 dBA
at a distance of 50 feet from the source and 58 to 70 dBA at a distance of 200 feet from
the source of the noise. Per the WAC 173-60-040, maximum permissible environmental
noise levels, the noise limitations for a Class A EDNA receiving property (hotel) 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 is for a total of one (1)
night to complete the replacement work for one (1) aging utility pole and select
electrical equipment upgrades and night.
E. CONCLUSIONS:
1. The subject site is located near the intersection of Park Ave N and N 30th St.
2. The work requires a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels)
as levels of noise for night time would be exceeded.
3. The applicant, Potelco, Inc., requested a noise variance in order to exceed the night time dBA limits for
EDNA Class A property located at or near 1305 N 30th St.
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.
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 7 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
F. DECISION:
The Engr1 Comcast, File No. LUA21-000335, NV-A, as depicted in Exhibit 2, is approved and is subject to the
following conditions:
1. The applicant shall respond to businesses and residents 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 vacuuming a hole for a new pole 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 Puget Sound Energy Customer Outage Coordinators shall notify all residents and commercial
business impacted by the proposed night time work activities at least 10 calendar days in advance
of the proposed night time construction work.
3. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by
the applicant as necessary.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Vanessa Dolbee, Planning Director Date
TRANSMITTED on February 14, 2022 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
MBS Renton Investment
1305 N 30th St
Renton, WA 98056
Jose A. Cosme, Potelco, Inc.,
1216 140th Ave Ct E
Sumner, WA 98390
TRANSMITTED on February 14, 2022 to the Parties of Record:
Michelle Brandenburg
Project Coordinator
Michelle.Brandengurg@pse.com
TRANSMITTED on February 14, 2022 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111
2/14/2022 | 4:18 PM PST
City of Renton Department of Community & Economic Development
Engr1 Comcast
Administrative Report & Decision
LUA21-000335, NV-A
Report of February 14, 2022 Page 8 of 8
SR_Engr1_Comcast_Noise_Variance_220214_v1
Amanda Askren, Economic Development Director (Acting)
Matt Herrera, 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 writi ng to the Hearing
Examiner on or before 5:00 PM on February 28, 2022. Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. 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. 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: 9199CE96-397A-4EAC-B06F-C2809D722111
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Engr1 Comcast
Land Use File Number:
LUA21-000335, NV-A
Date of Report
February 14, 2022
Staff Contact
Clark H. Close
Senior Planner
Project Contact
Jose A. Cosme, Potelco,
Inc., 1216 140th Ave Ct E,
Sumner, WA 98390
Project Location
1305 N 30th St, Renton, WA
98056
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: Temporary Traffic Control Plan
Exhibit 5: Notification Letter
Exhibit 6: Site Design
Exhibit 7: Photographs of Pole 09
Exhibit 8: Major Franchise Permit (MFP20004611)
Exhibit 9: Notice of Application
DocuSign Envelope ID: 9199CE96-397A-4EAC-B06F-C2809D722111