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, ...
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