REPORT TO COUNCIL
SUBJECT
Title
Report on Noise from New Construction that was Approved by the City as Requested Through a Written Petition (Council Policy 030), Submitted by Joseph P. Goschy
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City Clerk’s Office received a Written Petition on November 2, 2022 from Joseph P. Goschy, requesting to place an item on a future Council meeting agenda for the City Council to address noise violations from new construction that was approved by the City and results in ongoing sleep disruption at the neighboring property (Attachment 1). The petition was discussed at the December 9, 2022 City Council meeting and the City Council voted to place this item on a future agenda.
The petitioner is referencing the new construction located at 212 Tyler Avenue. A Building Permit was issued in February 2021 for a remodel of the primary residence at 210 Tyler Avenue and for the demolition of a non-conforming Accessory Dwelling Unit (ADU) and the construction of a new ADU (212 Tyler Avenue). The permitted work was found to be complete in compliance with the Building Permit and the permit was closed in December 2021.
On March 21, 2022, Community Development Code Enforcement received a complaint referencing the Heating, Ventilation, and Air Conditioning (HVAC) unit that was installed with the new construction at 212 Tyler Avenue. The complaint stated that the air conditioning unit was creating excessive noise during operation, particularly upon startup. The air conditioning unit had been reviewed as part of building permit that was issued for the aforementioned project.
Noise is regulated by Santa Clara City Code, Chapter 9 Regulation of Noise and Vibration, Section 9.10.040 noise or sound regulation. This code section states that it shall be unlawful for any person to operate or cause to allow to be operated, any fixed source of disturbing, excessive or offensive sound or noise on property owned, leased, occupied or otherwise controlled by such person, such that the sound or noise originating from that source causes the sound or noise level on any other property to exceed the maximum noise or sound levels which are set forth in Schedule A, as follows:
Schedule A - Exterior Sound or Noise Limits
|
Receiving Zone - Zoning Category |
Time Period |
Noise Level (dBA) |
|
Single-Family and Duplex Residential (R1, R2) |
Commencing at 7:00 am and ending at 10:00 pm that evening |
55 |
|
|
Commencing at 10:00 pm and ending at 7:00 am the following morning |
50 |
An air conditioning unit is a fixed source of potential noise and thus subject to this code section.
DISCUSSION
In his Written Petition, Joseph Goschy requested that the “City Council address noise violations from new construction that was approved by the City and results in ongoing sleep disruption at the neighboring property. City staff approved of the construction and now requires a civil lawsuit against the property owners for resolution.”
Code Enforcement staff have conducted several site inspections since receiving the complaint. The air conditioning unit was only in operation during one of these inspections, on June 21, 2022. During the inspection, Code Enforcement staff took several noise measurements from the public right-of-way adjacent to the property line.
The measurements taken during the City’s inspection were done using a noise meter that measures the A-weighted decibel (dBA), which is an expression of the relative loudness of sounds as perceived by the human ear, and is the noise level regulated in the City Code. The City does not measure the decibel (dB), which is the sound pressure level, the absolute amount of pressure change exerted in the air by a sound.
The measurement readings taken by Code Enforcement staff were 45, 47 and 48 dBA, which is well below the Santa Clara City Code’s maximum noise level of 55 dBA for single-family residential zones. The Air Conditioning unit was found not to be in violation of the Noise Level per the City Code and this was communicated to Mr. Goschy.
Staff is prepared to take additional readings at the site once warmer temperatures return and the air conditioning unit is again in use. Staff will attempt to coordinate with Mr. Goschy at that time to arrange access to the portion of his property nearest to the neighboring property air conditioning unit so that measurements can be taken at the most sensitive location on site. However, given the logarithmic character of noise levels, an increase of 7 dBA or greater is unlikely. Staff will continue to monitor the situation.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.
COORDINATION
This report was coordinated with the City Manager’s Office and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Note and file the report.
Staff
Reviewed by: Andrew Crabtree, Director, Community Development
Approved by: City Manager’s Office
ATTACHMENTS
1. Joseph Goschy - City Council Written Petition
2. March 21, 2022 - Code Enforcement Complaint