HomeMy WebLinkAboutSR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: June 8, 2023
Project File Number: PR16-000241
Project Name: Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Land Use File Number: LUA23-000167, NV-A
Project Manager: Clark H. Close, Principal Planner
Owners: City of Renton, 1055 S Grady Way, Renton, WA 98055
Applicant: Rena Watts, Comcast Cable Corporation, 1525 75th St SW #200, Everett, WA 98203
Contact: David Standring, Cannon Construction LLC, 406 Porter Way, Milton, WA 98354
Project Location: Sunset Blvd NE. Behind 505 and 509 Grandey Way NE, Renton, WA 98056 (529
Grandey Way NE, Renton, WA is the customer address associated with this project).
Project Summary: The applicant, Cannon Construction LLC on behalf of Comcast Cable Corporation, is
requesting an administrative noise variance from RMC 8-7-2 (Noise Level
Regulations, Maximum Environmental Noise Levels) in order to upgrade their existing
facilities. The applicant is proposing to complete 190 feet of tree trimming to overlash
one (1) 288CT fiber on an existing Puget Sound Energy aerial strand located near the
intersection of Sunset Blvd NE and Bronson Way NE. The project location is on Sunset
Blvd NE, just east of I-405, in the Highlands Community Planning Area. The applicant
is proposing the work at night because the major franchise permit traffic control plan
requires the work to be completed at night. The proposed night time work is
scheduled to take place on Friday, June 30, 2023 from 12:00 am to 4:00 am. An
alternate work window may be required to complete the night work.
Noise levels resulting from project construction activities are expected to generate
peak noise levels of 84 to 85 dBA as perceived at 50 feet from the source of the noise.
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 equipment that is proposed to be utilized to complete the upgrade work
includes gas-powered equipment, vehicles (F550 and F150) and a Sawzall.
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 2 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Noise Variance Request Justification
Exhibit 4: Construction Plan Set
Exhibit 5: Major Franchise Permit (MFP22005770)
Exhibit 6: Notice of Application
C. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 7 Noise Levels Regulations
a. Section 8-7-2: Maximum Environmental Noise Levels
b. Section 8-7-8: Variances and Appeal
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on May 22,
2023 and determined the application complete on May 25, 2023. The project complies with the 120-day
review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request (Exhibits 2-5).
3. The night time project site is located on Sunset Blvd NE, across from the northbound onramps to Interstate
405 (I-405) near the intersection of Sunset Blvd NE and Bronson Way NE (Exhibits 2 and 4).
4. The overall project work includes a Major Utility Franchise Permit (MFP22005770) (Exhibit 5). The
project’s primary location is behind 505 and 509 Grandey Way NE, Renton, WA 98056 and the customer
address associated with the franchise permit is 529 Grandey Way NE, Renton, WA 98056.
5. Access to the site would be provided via Sunset Blvd NE.
6. The site is mapped within high landslide hazards, high erosion hazards, and is located in the Downtown
Wellhead Protection Area Zone 2.
7. The applicant is proposing to upgrade their existing facilities. Comcast is proposing to have Cannon
Construction overlash one (1) new 288CT fiber for a total of approximately 483 lineal feet to existing Puget
Sound Energy (PSE) poles along Sunset Blvd NE during the evening of Friday, June 30, 2023 from 12:00 am
to 4:00 am. An alternate work window may be required to complete the night work.
8. No public or agency comments were received.
9. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file,
and the essence of the comments has been incorporated into the appropriate sections of this report and
the Departmental Recommendation at the end of this report.
10. Variance Analysis: Comcast Cable Corporation is requesting a noise variance in order to exceed the
maximum night time environmental noise levels of RMC 8-7-2. The proposal is compliant with the
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 3 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
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 to upgrade their facilities must be
done at night (Exhibit 3). The applicant further contends Traffic Control Plan of the
Major Franchise Permit (MFP22005770) Traffic Control Plan was approved only as night
work (Exhibit 5). In addition, the traffic control plan includes the following notes:
• Coordinate with any businesses that would be affected by construction;
• Temporary "NO PARKING" signs to be placed at least 72 hours prior to work;
• Driveway access would be maintained unless otherwise noted;
• Sidewalk of four feet (4') in width would be maintained for pedestrian access
unless otherwise noted, a spotter would be on site to escort pedestrians
through work zone;
• All work would stop while pedestrians are escorted through work zones;
• Signs within roadway would be protected by channelization devices; and
• All traffic control devices used for night work must be retroreflective.
Permitted noise levels would be exceeded during the proposed tree trimming and
overlash work near the northbound I-405 onramps from Sunset Blvd NE (Exhibits 2 and
4). The anticipated type of equipment used to complete the work would include vehicles
(F550 and F150), gas-powered equipment, and a Sawzall. Hand tools would be used
when possible. Operation of this type of equipment would generate noise that would
exceed the allowed noise level limits. Noise levels resulting from project construction
activities are anticipated to generate peak noise levels of 84 to 85 dBA as perceived at
50 feet from the source of the noise.
Staff concurs with the applicant that the location of the work is likely to impact
businesses and residents located near Sunset Blvd NE if completed during the day time,
which necessitates the need for night time work to mitigate traffic impacts on
businesses and residences in the area. By permitting night time work to exceed the
allowable noise levels for nearby Class A EDNA properties, the applicant can limit the
day time transportation impacts on the nearby businesses and residents.
Compliant if
Condition of
Approval is
Met
b. That the granting of the variance will not be materially detrimental to the public
health, welfare or safety, or unduly injurious to the property or improvements in
the vicinity of the location for which this variance is sought.
Staff Comment: According to the applicant, temporary 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.
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 4 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
The applicant maintains that they would coordinate with any businesses that would be
affected by the construction. The project manager has confirmed that Friday, June 30th
is the ideal target date to complete the night time work.
On May 25, 2023, staff mailed a notice to property owners and residents within 500
feet of the project locations (Exhibit 6). It is anticipated that the proposed night time
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 mitigation measures
to the proposed project:
• The applicant shall respond to businesses and residents that require special
accommodations prior to the start of construction.
• Prohibit tailgate banging. All truck tailgates would be secured to prevent
excessive noise from banging.
• Limit the amount of time a vehicle is idling, backing up, and time necessary to
complete the work.
• All alarms would operate under Occupational Safety and Health Administration
(OSHA), Labor & Industries (L&I), Washington Administrative Code (WAC), and
Revised Code of Washington (RCW) rules and regulations.
• A copy of noise variance would be kept on the project site at all times.
• Comcast Cable Communication and/or Cannon Construction coordinators shall
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.
This notification shall include the type of work, as well as the Project Manager’s
phone number should any notified party wish to request more information or
to file complaints related to work activities.
c. That the variance sought is the minimum variance which will accomplish the
desired purpose.
Staff Comment: The requested administrative variance would allow Cannon
Construction LLC, on behalf of Comcast Cable Corporation, to complete the necessary
fieldwork for the project in the minimum number of hours needed. As previously stated,
the night time project activities would include upgrades to existing facilities (overlash
one (1) 288CT fiber on an existing aerial strand). The planned night time construction
work would be performed with trucks that are likely to create noise and flashing lights,
gas-powered equipment, a Sawzall, and hand tools.
The proposed work time frame is scheduled to take place on Friday, June 30, 2023 from
12:00 am to 4:00 am. An alternate work window may be required to complete the night
work. Notification requirements are recommended as conditions of approval in order to
diminish project impacts on the surrounding area.
The applicant is performing the work under the Comcast Cable Franchise Permit-
JB0000588234 (MFP22005770) (Exhibit 5). The franchise permit was issued on January
13, 2023 and is currently set to expire on January 15, 2024.
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 5 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
Staff concurs that the requested four-hour work window is the minimum needed to
accomplish the site work to support the needs of Comcast Cable Corporation 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;
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 12:00 am and 4:00 am, to complete the construction work.
Staff is recommending several mitigation measures to limit impacts to nearby
properties, see variance analysis above under subsection ‘b’ for proposed mitigation
measures that are proposed to be implemented as part of the night time 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 upgrades to Comcast Cable
Corporation’s existing facilities would not cause impacts to the public safety, health and
welfare and no harm would be suffered by the residences or properties due to the
temporary increase over the allowed decibel levels during the requested PM hours.
Cannon Construction intends to overlash one (1) new 288CT fiber for a total of
approximately 483 lineal feet to existing Puget Sound Energy (PSE) poles along Sunset
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 6 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
Blvd NE. The applicant maintains that their construction crews would receive written
verification prior to the start of the night time activity being requested.
According to City of Renton (COR) Maps, the project site is located within a high
landslide hazard area, high erosion hazard area, and the Downtown Wellhead
Protection Area Zone 2. The noise impacts resulting from the site work are anticipated
to be minimal in nature. Staff is recommending mitigation measures to reduce or
eliminate night time noise. See analysis above under subsection ‘b’.
f. The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
Staff Comment: No alternative locations are proposed to complete these requested
upgrades to Comcast Cable Corporation’s facilities. According to the applicant, the work
area at Puget Sound Energy (PSE) pole nos. 318196166457 and 318201166469 is
specific to the 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 dBA to 85 dBA at a distance of 50 feet from the source. These sound levels are
expected to diminish over greater distances. Per the WAC 173-60-040, maximum
permissible environmental noise levels, the noise limitations for a Class 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 (up to 4 hours) to complete the identified upgrade
work.
E. CONCLUSIONS:
1. The subject site is located near the intersection of Sunset Blvd NE and Bronson Way NE.
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, Comcast Cable Corporation, requested a noise variance in order to exceed the night time
dBA limits for work from an EDNA Class C property that would be received from EDNA Class A properties
located near 505, 509 and 529 Grandey Way NE, Renton, WA 98056.
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: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 7 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
F. DECISION:
The Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4), File No. LUA23-000167, NV-A,
as depicted in Exhibit 4, is approved and is subject to the following conditions:
1. The applicant shall respond to residents and businesses that require special accommodations prior to the
start of construction.
2. The applicant shall implement the following mitigation measures to diminish or eliminate noise during
night work, as follows:
a. All truck tailgates shall be secured to prevent excessive noise from banging.
b. The amount of time a vehicle is idling, backing up, or being used to upgrade existing facilities shall
be limited to no more than is necessary to complete the required task.
c. All alarms shall operate under Occupational Safety and Health Administration (OSHA), Labor &
Industries (L&I), Washington Administrative Code (WAC), and Revised Code of Washington (RCW)
rules and regulations.
d. A copy of noise variance shall be kept on the project site at all times.
e. The applicant and/or their construction coordinators shall notify all residents impacted by the
proposed night time work activities at least 10 calendar days in advance of the proposed night
time construction work. This notification shall include the type of work, as well as the Project
Manager’s phone number should any notified party wish to request more information or to file
complaints related to work activities.
3. Additional mitigation measures to diminish or eliminate 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 June 8, 2023 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
City of Renton
1055 S Grady Way
Renton, WA 98055
Rena Watts
1525 75th St SW #200
Everett, WA 98203
David Standring
406 Porter Way
Milton WA 98354 TRANSMITTED on June 8, 2023 to the Parties of Record:
None.
TRANSMITTED on June 8, 2023 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Director
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
6/8/2023 | 3:54 PM PDT
City of Renton Department of Community & Economic Development
Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4)
Administrative Report & Decision
LUA23-000167, NV-A
Report of June 8, 2023 Page 8 of 8
SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1
Gina Estep, Economic Development Director
Matt Herrera, Current Planning Manager
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
G. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
The administrative land use decision will become final if the decision is not appealed within 14 days of the decision
date.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on June 22, 2023. Appeals must be submitted electronically to the City Clerk at
cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee,
normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted
electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals
to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process
may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov.
EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year
extension may be requested pursuant to RMC 4-9-250.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will
be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal
within the 14-day appeal time frame.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may
occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the
Hearing Examiner as well. All communications after the decision/approval date must be made in writing through
the Hearing Examiner. All communications are public record and this permits all interested parties to know the
contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of
this doctrine could result in the invalidation of the appeal by the Court.
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Comcast - Cannon JB0000588234 T3D -
WAKVD99100 1X2 OFF RN44C (4X4)
Land Use File Number:
LUA23-000167, NV-A
Date of Report
June 8, 2023
Staff Contact
Clark H. Close
Principal Planner
Project Contact
David Standring
Cannon Construction LLC
406 Porter Way
Milton WA 98354
Project Location
Sunset Blvd NE. Behind
505 and 509 Grandey
Way NE, 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: Construction Plan Set
Exhibit 5: Major Franchise Permit (MFP22005770)
Exhibit 6: Notice of Application
DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC