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HomeMy WebLinkAboutNoise Variance (Up to 2 nights of Disturbance) Process and RequirementsDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 10 | Published: 4/14/2022 Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 Website: rentonwa.gov Administrative Noise Variance Two (2) days or less Published: 4/14/2022 PERMIT TYPE Noise Variances that have a duration of two (2) days or less shall be processed as Type II permits (Administrative Decisions) RMC 8-7-8 and RMC 4-8-090.E. If the duration of the Noise Variance is two (2) days or more the applicant must apply for the Public Hearing 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 less Administrative Noise Variance application is typically 6 to 8 weeks, and the decision is issued by the Administrator. This time frame assumes no appeals are filed. As a Type 2 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 ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 2 of 10 | Published: 4/14/2022 The ADMINISTRATIVE review and decision process is summarized on the flow chart below: Applicant Responsibilities City Responsibilities City Held Meetings Note: The established timelines do not account for unintended findings, modification requests and review time, or omissions which may delay the review process. Timeline for any appeal to the Hearing Examiner is not reflected above. 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), 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 1 Schedule Pre- screen Meeting Step 2 Pre-Screen Meeting Held Step 3 Schedules Intake Meeting Step 4 Intake Meeting Held Step 5 Complete Application Step 6 Applicant Mails and Posts Notice Step 7 City Review and Comment Period Step 8 Administrative Decision Step 8 Appeal Period ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 3 of 10 | Published: 4/14/2022 Step 7: City Review and Comment Period The proposal will be routed to City departments that may have an interest in the application. 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 prepare a report regarding the proposal’s compliance with applicable codes and the City’s review criteria. Step 8: Administrative Decision An Administrative Decision is handled via the Administrator, or his/her designee, whom will either approve or deny the Noise Variance. The decision will be mailed to all persons listed on the Master Application and all parties of record. Step 9: Appeal Period Administrative decisions are subject to a fourteen (14) day appeal period following a decision. Any appeal shall be made to the Hearing Examiner. 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. 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 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 ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 4 of 10 | Published: 4/14/2022 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 site 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 hundred (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 three hundred (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. RESOURCES City of Renton Forms Electronic File Standards ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 5 of 10 | Published: 4/14/2022 Project Narrative Please respond to these criteria; use a separate sheet if needed. 1. Project name (no changes shall be made after 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 4. The equipment and vehicles used for the work (please provide a table of the equipment to be used with its appropriate decibels) ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 6 of 10 | Published: 4/14/2022 5. Proposed Noise Mitigating Measures the applicant will implement to minimize 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 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 which the variance is being sought ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 7 of 10 | Published: 4/14/2022 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 ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 8 of 10 | Published: 4/14/2022 VARIANCE REQUEST JUSTIFICATION The Administrator 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. 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: ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 9 of 10 | Published: 4/14/2022 • 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. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. ADMINISTRATIVE NOISE VARIANCE TWO (2) DAYS OR LESS (CONT ’D) Page 10 of 10 | Published: 4/14/2022 Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and regulations, whether or not described in this document. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance.