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HomeMy WebLinkAboutNoise Variance (Greater Than 2 nights of Disturbance) Process and Requirements Page 1 of 10 | Published: 4/14/2022 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 | www.rentonwa.gov PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS Published : 4/14/2022 PERMIT TYPE Noise Variances that have a duration of two (2) days or more shall be processed as Type III permits (Hearing Examiner) RMC 8-7-8 and RMC 4-8-090.E. If the duration of the noise variance is for two (2) days or less, the applicant must apply for an Administrative Noise Variance, which can be downloaded from our website. WHEN IS A NOISE VARIANCE REQUIRED? A noise variance is required in order to exceed the maximum permissible sound levels established in Renton Municipal Code 8-7 which references to WAC 173-60-020, WAC 173-60-040, WAC 173-60-050, and WAC 173-60-090. Per WAC 173-60-050, sounds originating from temporary construction sites as a result of construction activity shall be exempt from the provisions of WAC 173-60-040, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m. 1 1. Residential zones, which shall include Reserve Conservation (RC), Residential – 1 (R-1), Residential – 4 (R-4), Residential – 6 (R-6), Residential – 8 (R-8), Residential – 10 (R-10), Residential – 14 (R-14), Residential Multi-Family (RMF), and Residential Manufactured Home (RMH), are classified as Class A EDNA. ELECTRONIC FILE STANDARDS All documents MUST be submitted electronically. Specific file naming conventions for submitted plans are required to facilitate the electronic plan review process. Failure to adhere to the sample file naming format listed in the Electronic File Standards Handout may result in a request for resubmittal and/or delay the plan review process, deeming the application incomplete. APPLICATION SUBMITTAL HOURS Applications should be submitted to Planning Division staff electronically, not in person. Please email or call your assigned Project Manager to submit your application. If you have any Planning related questions you may reach out to Planning Customer Service at 425-430-7294 or planningcustomerservice@rentonwa.gov. TIME FRAME The average time frame for processing of a 2 days or more Noise Variance application is typically 8 to 12 weeks, and the decision is issued by the Hearing Examiner. This time frame assumes no appeals are filed. As a Type 3 application it requires public notice which provides an opportunity for public comments prior to a decision. ADDITIONAL PERMITS Additional permits from other agencies may be required. It is the applicant’s responsibility to obtain these other approvals. Information regarding these other requirements may be found at https://apps.oria.wa.gov/opas/ Specific Code Section(s) related to this document RMC 8-7-8 Noise Variance Process PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT ’D ) Page 2 of 10 | Published: 4/14/2022 PUBLIC HEARING REVIEW AND DECISION PROCESS The PUBLIC HEARING review and decision process is summarized on the flow chart below: Note: The established timelines do not account for unintended findings, modification requests and review time, or omissions w hich may delay the review process. Timeline for any appeal to the City Council is not reflected below. PROCEDURES Step 1: Schedule Pre-Screen Prior to submitting an application, the Applicant shall informally discuss the proposed noise variance with the Planning Division. Please schedule a pre-screen meeting prior to submitting your application. Step 2: Pre-Screen Meeting Staff will provide assistance and detailed information on the City’s requirements and standards. Applicants may also take this opportunity to request the waiver of the City’s typical application submittal requirements, which may not be applicable to the specific proposal. Step 3: Schedule Intake Meeting The initial submittal for the Noise Variance will require scheduling an Intake Meeting by contacting the Planning Division. Step 4: Intake Meeting At the Intake Meeting, the Project Manager will use the Submittal Checklist to confirm that all required plans and documents are complete. Applicants are required to submit their submittal to staff electronically, not in person. Please email or call your assigned Project Manager to submit your application. Please allow approximately 45 minutes for the meeting. If the submittal is deemed complete, then the fees are to be paid prior to the City accepting the submittal for review. Note: If the City determines the Applicant has not provided a complete submittal the Applicant will be required to schedule a new intake meeting after all items have been addressed. Step 5: Complete Application Upon completion of a successful and complete intake, the City shall review the submitted materials and shall send a complete application letter to the applicant in the time frame as per RMC 4-8-080.E. Step 6: Applicant Mails and Posts Notice Once the City has accepted the project then City staff will provide a notice of application document and a list of addresses to the Applicant. The Applicant shall be required to: 1) post three (3) notices of application (8.5”x 14”) at or near the subject site (after prior approval from City of the posting locations), Applicant Responsibilities City Responsibilities City Held Meetings Step 1 Schedule Pre- Screen Meeting Step 2 Pre-Screen Step 3 Schedule Intake Meeting Step 4 Intake Meeting Held Step 5 Complete Application Step 6 City Review and Comment Period Step 7 Public Hearing Held Step 10 Appeal Period Step 8 Public Hearing Decision PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT ’D ) Page 3 of 10 | Published: 4/14/2022 2) obtain and install a minimum of one public information sign on the site with the project information, and 3) mail notice of application to property owners/residents within 300 feet of the project site after prior approval of the City. Step 7: City Review and Comment Period The proposal will be routed to City departments. The reviewers have two (2) weeks to return their comments to the Planning Division. During this time the public will have fourteen (14) days to comment on this application and become a party of record which means they have requested to be kept informed on any decision made regarding that specific project. After review of the proposal and any staff or public comments, the Planning Division staff will forward a report and recommendation to the Hearing Examiner a week prior to the hearing. Step 8: Public Hearing Notice of the Public Hearing will be published in the Official Newspaper by City staff at least 10 days prior to the hearing. Step 9: Public Hearing Decision The Hearing Examiner will review the noise variance request and issue a final decision within 14 days of the hearing unless, at the time of the Public Hearing, the Hearing Examiner indicates additional time will be required for issuance of the decision. The decision to approve, conditionally approve, or deny the proposal will be mailed to all persons listed on the Master Application and all parties of record. Step 10: Appeal Period Public Hearing decisions are subject to a fourteen (14) day appeal period following a decision. Any appeal shall be made to the City Council. Therefore, work shall only begin after the completion of the appeal period following the noise variance approval. SOME THINGS TO REMEMBER 1. City Staff or other agencies may request additional information during the review and decision-making process. 2. It is important that the applicant submit the requested material quickly to avoid delays in the process. 3. Any time spent gathering data and/or additional city review period will increase the time required to process the application. SUBMITTAL CHECKLIST The submittal checklist is not an exhaustive list of submittal requirements and may be modified in cases where additional information is required to complete the review of an application. The applicant should contact the assigned Project Manager, if there are any questions regarding submittal requirements. All Application Materials Required Unless Waived by City Staff 1. Land Use Permit Master Application Form: The application must have notarized signatures of ALL current property owners listed on the Title Report. If the property owner is a corporation, the authorized representative must attach proof of signing authority on behalf of the corporation. The legal description of the property must be attached to the application form. 2. Waiver Form: A Waiver Form will be provided to you by City Staff during the Pre-Submittal Review. The Waiver Form should be submitted with the land use application. 3. Fees: The application must be accompanied by the required application fee (see Fee Schedule Brochure). Please call 425-430-7294 to verify the exact amount required. Checks should be made out to the City of Renton and cannot be accepted for over the total fee amount. Credit cards may also be used to pay required application fees. Fees are paid at Cashier on the 1st Floor City Hall. 4. Project Narrative: See attached sheet. 5. Variance Request Justification : Please provide a written statement separately addressing and justifying each of the issues to be considered by the City. The burden of proof as to the appropriateness of the application lies with PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT ’D ) All Application Materials Required Unless Waived by City Staff Page 4 of 10 | Published: 4/14/2022 the applicant. In order to approve a variance request, the Reviewing Official must find ALL the following conditions exist. See attached sheet. 6. Plat Certificate or Title Report Please provide a current Plat Certificate or Title Report obtained from a title company documenting ownership and listing all encumbrances of the involved parcel(s). The Title Report should include all parcels being developed, but no parcels that are not part of the development. If the Plat Certificate or Title Report references any recorded documents (i.e. easements, dedications, covenants), the referenced recorded document(s) must also be provided. All easements referenced in the Plat Certificate must be located, identified by type and recording number, and dimensioned on the Site Plan. 7. Neighborhood Detail Map: Please provide a map drawn at a scale of 1" = 100' or 1" = 200' (or other scale approved by the Planning Division) to be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject s ite relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, lot lines of surrounding properties within a minimum distance of three (300’) feet from the site, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. Please ensure all information fits on a single map sheet. which shows properties within a minimum distance of 300 feet from the site 8. Site Plan/Project Plan: Please provide a fully-dimensioned plan sheet drawn at a scale of 1"=20' (or other scale approved by the Planning Division). We prefer the site plan be drawn on one sheet of paper unless the size of the site requires several plan sheets to be used. If you are using more than a single plan sheet, please indicate connecting points on each sheet. The Site Plan should show the following: • Name of proposed project; • Date, scale, and north arrow (oriented to the top of the paper/plan sheet); • Drawing of the subject property with all property lines dimensioned and names of adjacent streets; • Widths of all adjacent streets and alleys; • Location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage; • Location and dimensions of existing and proposed: 1. structures 2. parking, off-street loading space, curb cuts and aisle ways 3. fencing and retaining walls 4. free-standing signs and lighting fixtures 5. refuse and recycling areas 6. utility junction boxes and public utility transformers 7. storage areas and job shacks/sales trailers/model homes • Setbacks of all proposed buildings from property lines; • Location and dimensions of all easements referenced in the title report with the recording number and type of easement (e.g. access, sewer, etc.) indicated; • Location and dimensions of natural features such as streams, lakes, required buffer areas, open spaces, and wetlands; and • Ordinary high water mark and distance to closest area of work for any project located within 200-feet from a lake or stream. 9. Utilities/Construction Plan, Generalized (sewer, water, stormwater, transportation improvements): Please provide a plan drawn on 22" x 34" plan sheets using a graphic scale of 1" = 40' (or other size or scale approved by the Planning Division) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, free-standing lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall also be shown. PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT ’D ) All Application Materials Required Unless Waived by City Staff Page 5 of 10 | Published: 4/14/2022 10. Public information Sign Obtain and install a minimum of one public information sign on the site with the project information. 11. Traffic Control Plan The City of Renton requires any contractor, firm, corporation, or other public/private agency to prepare a TCP and obtain City of Renton's approval of that plan when construction, repair, or maintenance work is to be conducted within the city's right-of-way. You may find an application here: https://cutt.ly/RsDYY4D Colored Maps for Display (Optional) You may choose to provide a colored version of each plan sheet for use in presenting the project to the Hearing Examiner at the Public Hearing: • Neighborhood Detail Map • Site Plan RESOURCES City of Renton Forms Electronic File Standards PROJECT NARRATIVE Please respond to these criteria; use a separate sheet if needed. 1. Project name (no changes shall be made after acceptance of application submittal) 2. The nature, source, intensity and location of the sound/project limits. (no changes shall be made after acceptance of application submittal) 3. Description of work PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT) Page 6 of 10 | Published: 4/14/2022 4. The equipment and vehicles used for the work (please provide a table of the equipment to be used with its appropriate decibels) 5. Proposed Noise Mitigating Measures the applicant will implement to minimiz e the sound level violations 6. Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. 7. The hours during the day and/or night the noise will occur PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT) Page 7 of 10 | Published: 4/14/2022 8. The number of days and/or nights the noise will occur (no changes shall be made after acceptance of application submittal) 9. The ambient sound level during the time of day or night for whi ch the variance is being sought 10. The time period (include start date and end date) for which the variance is requested (no changes shall be made after acceptance of application submittal) 11. The reason for which the noise violation cannot be avoided, i.e. why work cannot be performed within allowed times 12. Mitigating conditions the applicant will implement to minimize the sound level violations PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT) Page 8 of 10 | Published: 4/14/2022 VARIANCE REQUEST JUSTIFICATION The Hearing Examiner will base a decision on the specific variance criteria shown below. Please respond to these criteria; use a separate sheet if needed. 1. 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; ➢ 2. 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. ➢ 3. That the variance sought is the minimum variance which will accomplish the desired purpose. ➢ PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT) Page 9 of 10 | Published: 4/14/2022 4. 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: • Implementation of a noise monitoring program; • Maximum noise levels; • Limitation on types of equipment and use of particular equipment; • Limitation on back-up beepers for equipment; • Required use of noise shields or barriers; • Restrictions to specific times and days; • Specific requirements for documentation of compliance with the noise variance conditions; • Specific requirements for notification to nearby residents; • Required cash security to pay for inspection services to verify compliance; • Required access to the project by the City to verify compliance with the noise variance conditions; • Specific program to allow for temporary hotel vouchers to effected residents; • Requirements for written verification that all workers understand the noise variance conditions for the project; and • Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. 5. 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. PUBLIC HEARING NOISE VARIANCE MORE THAN TWO (2) DAYS (CONT) Page 10 of 10 | Published: 4/14/2022 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the vari a