HomeMy WebLinkAboutD_Sunset_Gardens_Undergrounding_Noise_Variance_231207_FinalDEPARTMENT OF COMMUNITY
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Project Location Map
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: December 7, 2023
Project File Number: PR21-000160
Project Name: Sunset Gardens Undergrounding
Land Use File Number: LUA23-000370, NV-A
Project Manager: Alex Morganroth, Senior Planner
Owners: Renton Housing Authority / PO Box 2316 Renton, WA 98056
Contact: Jenny Chau, PSE, 6905 S 228th St Kent, WA 98032
Applicant: Corrie Rydberg, PSE, 3702 71st Ave W. University Place, WA 98466
Project Location: 2900 NE 10th St (APN 7227900075)
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 underground
overhead power lines adjacent to the Sunset Gardens project at 2900 NE 10th St. The applicant is
proposing to underground approximately 400 feet of electrical cabling in the ROW adjacent to
the site, install a new transformer, and install at least one new j-box. The applicant is proposing
the work at night in order to limit disruptions to nearby businesses which may experience an
outage during construction. The work would take three (3) nights to complete. Work would only
occur on two (2) consecutive nights with a minimum of 48 hours (i.e. one night off) between the
first two (2) nights of work and the final night of work (or vice versa). The proposed night time
work is tentatively scheduled to take place on December 11th, 12th, and 14th from 10:00pm to
5:00 am. An alternate work window may be required to complete the night work depending on
scheduling and weather.
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. 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 gas-powered
equipment, a vactor truck, other vehicles, and a Sawzall. Hand tools would be used when
possible.
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 2 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_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 (MFP22003590)
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
November 9, 2023 and determined the application complete on November 21, 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 nighttime project site is located at 2900 NE 10th St (APN 7227900075), in front of the Renton Housing
Authority-owned project site (Exhibits 2 and 4).
4. The proposed undergrounding is required as part of the Sunset Gardens mixed-use project (LUA21-
000168).
5. The overall project work includes a Minor Utility Franchise Permit (MFP22003590) (Exhibit 5).
6. Access to the site would be provided via NE 10th St and Jefferson Ave NE.
7. Sensitive slopes and a moderate landslide hazard are mapped on the project site per COR Maps.
8. The applicant is proposing to underground approximately 400 feet of existing overhead electrical cabling,
a new transformer, and installing at least one new junction box adjacent to the Sunset Gardens project
site (LUA21-000168). The proposed nighttime work is scheduled to take place on December 11th, 12th, and
14th between the hours of 10:00pm and 5:00 am. An alternate work window may be required to complete
the night work.
9. No public or agency comments were received.
10. 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.
11. 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,
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 3 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
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 in order to minimize the disruptions to nearby businesses created by a temporary
shut off of power (Exhibit 3), as well as to reduce the impacts to traffic on NE 10th St and
Jefferson Ave NE where the majority of the work would occur.
Permitted noise levels would be exceeded during the proposed underground installation
of approximately 400 feet of new electrical cabling, a new transformer, and installing at
least one new junction box. The anticipated type of equipment used to complete the work
would include gas-powered equipment, a vactor truck, other vehicles, 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 expected 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 nighttime work. Nighttime work would help mitigate traffic
impacts on businesses and residences in the area, as well to limit the impacts of a
temporary loss of power. By permitting nighttime work to exceed the allowable noise
levels for nearby Class A and B EDNA properties, the applicant can limit the day time
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 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.
The applicant maintains that they would coordinate with any businesses that would be
affected by the construction.
On November 21, 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 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 mi tigation measures to the proposed
project:
• The applicant shall respond to businesses and residents that require special
accommodations prior to the start of construction.
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 4 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
• 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.
• PSE coordinators shall notify all residents and commercial business of nighttime
work activities at least five (5) calendar days in advance of the proposed nighttime
construction work. This notification shall include the type of work, as well as the
Project Manager’s phone number should any notified party wish to request more
information or to file complaints related to work activities.
✓
c. That the variance sought is the minimum variance which will accomplish the desired
purpose.
Staff Comment: The requested administrative variance would allow PSE to complete the
necessary fieldwork for the project in the minimum number of hours needed. The planned
nighttime 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 December 11th, 12th, and 14th
from 10:00 am to 5:00 am. An alternate work window may be required to complete the
night work. Notification requirements are recommended as conditions of approval in order
to diminish project impacts on the surrounding area.
The applicant is performing the work under the PSE Franchise Permit MFP22003590
(Exhibit 5). The franchise permit was issued on July 13th, 2023 and is currently set to expire
on July 12, 2024.
Staff concurs that the requested four-hour work window is the minimum needed to
accomplish the site work to support the needs of PSE and their customer.
✓
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;
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 5 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
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 two (2)
consecutive nights, or three (3) nights total, between the hours of 10:00 am and 5:00 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
nighttime work. Any additional mitigation measures to diminish or eliminate noise during
construction may be provided by the applicant as necessary.
✓
e. The importance of the services provided by the facility creating the noise and the
other impacts caused to the public safety, health and welfare balanced against the
harm to be suffered by residents or property owners receiving the increased noise
permitted under this variance.
Staff Comment: According to the applicant, the proposed nighttime work would not cause
impacts to the public safety, health and welfare and no harm would be suffered by the
nearby properties due to the temporary increase over the allowed decibel levels during the
requested PM hours.
Staff is recommending mitigation measures to reduce or eliminate nighttime 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 the requested work to
support the undergrounding of the overhead electrical lines. According to the applicant,
the work area is specific to the location where undergrounding is required as part of the
Sunset Gardens project (LUA21-000168).
✓
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 B EDNA receiving
property (commercial) from a Class B source (commercial) is 60 dBA. The noise limitations
for a Class A EDNA receiving property (residential) from a Class B source (commercial) is
55 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
levels of 45 dBA for the Class A receiving properties and 60 dBA for the Class B receiving
properties would be exceeded by the maximum noise level estimates projected for work
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 6 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
for a limited period. As a result, the applicant is requesting a noise variance for two (2)
consecutive nights, followed by a 48 hour off period, and one additional night to complete
the identified upgrade work.
E. CONCLUSIONS:
1. The subject site is located at 2900 NE 10th St.
2. The work requires a variance from RMC 8-7-2 (Noise 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 B property that would be received from EDNA Class A and B properties located near 2900
NE 10th 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 11.
F. DECISION:
The Sunset Gardens Undergrounding, File No. LUA23-000370, 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 nighttime work activities at least 10 calendar days in advance of the proposed nighttime
construction work. This notification shall include the type of work, as well as the Project
Manager’s phone number should any notified party wish to request more information or to file
complaints related to work activities.
3. Additional mitigation measures to diminish or eliminate noise during construction are to be pr ovided by
the applicant as necessary.
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 7 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Acting Planning Director Date
TRANSMITTED on December 7, 2023 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Renton Housing Authority
PO BOX 2316
Renton, WA 98056
Corrie Rydberg, PSE
3702 71st Ave W.
University Place, WA 98466
Jenny Chau, PSE
6905 S 228th St
Kent, WA 98032
TRANSMITTED on December 7, 2023 to the Parties of Record:
None
TRANSMITTED on December 7, 2023 to the following:
Vanessa Dolbee, Interim CED Administrator
Brianne Bannwarth, Development Engineering Director
Gina Estep, Economic Development Director
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 December 21, 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.
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
12/7/2023 | 10:43 AM PST
City of Renton Department of Community & Economic Development
Sunset Gardens Undergrounding
Administrative Report & Decision
LUA23-000370, NV-A
Report of December 7, 2023 Page 8 of 8
D_Sunset Gardens Undergrounding_Noise Variance_231206_Final
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 writin g. Any violation of
this doctrine could result in the invalidation of the appeal by the Court.
DocuSign Envelope ID: 267295FF-9C59-4295-84AB-E6F24DF3BAF4
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
PR21-000160 Sunset Gardens Undergrounding
Land Use File Number:
LUA23-000307, NV-A
Date of Report
December 7, 2023
Staff Contact
Alex Morganroth
Senior Planner
Project Contact
Jenny Chau, PSE, 6905 S
228th St Kent, WA 98032
Project Location
2900 NE 10th St (APN
7227900075)
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: 267295FF-9C59-4295-84AB-E6F24DF3BAF4