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March 21, 2022 - Code Enforcement Complaint

City Council and Authorities Concurrent
February 7, 2023

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March 21, 2022 - Code Enforcement Complaint
Meeting
February 7, 2023
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City Council and Authorities Concurrent
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Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

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HVAC Noise at 212 Tyler Disrupts Sleep and Appears to Exceed dBA Noise Limits Joe Goschy Mon, Mar 21, 2022 at 7:00 AM
To: [email protected], [email protected] Cc: [email protected]
Bcc: Michael Goschy < >, Joe Goschy < >
Hello,
Please forward this memo to the appropriate department or city representa�ve.

The Hea�ng, Ven�la�on, and Air Condi�oning (HVAC) unit that was installed with the new construc�on at 212 Tyler Avenue is crea�ng excessive noise during opera�on, par�cularly upon startup, and is affec�ng the sleep quality at the neighboring home (220 Tyler Ave).

The HVAC unit operates day and night. The most prominent noise is when the HVAC unit starts up. Please see the following a�ached audio file for an example: HVAC Startup 1.mp3.

The HVAC unit also creates a loud, pulsing sound when running, rather than the typical, smooth hum. Please see:

HVAC Running.mp3. Note: It has sounded worse than this example on other occasions.

The decibel limits for noise are outlined in the city code chapter 9. Since the HVAC starts and stops both day and night, the Noise Level of 50 dBA may be considered the limit.

Chapter 9.10

REGULATION OF NOISE AND VIBRATION
https://www.codepublishing.com/CA/SantaClara/html/SantaClara09/SantaClara0910.html#9.10.040

9.10.040 Noise or sound regula�on, Schedule A - Exterior Sound or Noise Limits:

Gmail - HV AC Noise at 212 Tyler Disrupts Sleep and Appears to Exce... https://mail.google.com/mail/u/0/?ik=273431ba49&view=pt&search=a... 1 of 5 1/13/2023, 10:28 AM

Audio measurement samples were taken near the HVAC unit, but on 220 Tyler property.

The readings during opera�on are above 50 dB when the unit was in opera�on, but significantly higher when the HVAC unit starts up with measurements between 70 to 80 dB.

Gmail - HV AC Noise at 212 Tyler Disrupts Sleep and Appears to Exce... https://mail.google.com/mail/u/0/?ik=273431ba49&view=pt&search=a... 2 of 5 1/13/2023, 10:28 AM
The audio samples were taken in the early morning, so there was li�le ambient sound.

The city noise limits are defined by dBA levels, which are weighted according to the approximate the way the human ear hears. Assuming the peak levels of the HVAC unit are in the 70dB range upon startup, the unit noise would be beyond the 50 dBA limit.

Earplugs are used during the night because the HVAC startup can be heard with the windows closed. The HVAC unit noise will be more of a concern during the warmer weather when the windows and screen door are open because there is no air condi�oning at 220 Tyler Ave.

Gmail - HV AC Noise at 212 Tyler Disrupts Sleep and Appears to Exce... https://mail.google.com/mail/u/0/?ik=273431ba49&view=pt&search=a... 3 of 5 1/13/2023, 10:28 AM
Since the HVAC unit is new, it may be under warranty and easily repaired.

I would reach out to the property owners, but they have been unresponsive in the past and have failed to take ac�on in other ma�ers.

Please let me know if I can provide any addi�onal informa�on or if I can make myself available for someone to take audio samples or observe the noise at the source.

Thank you,
Joe Goschy
220 Tyler Avenue
2 attachments
Gmail - HV AC Noise at 212 Tyler Disrupts Sleep and Appears to Exce... https://mail.google.com/mail/u/0/?ik=273431ba49&view=pt&search=a... 4 of 5 1/13/2023, 10:28 AM

HVAC Startup 1.mp3
267K
HVAC Running.mp3
650K
Gmail - HV AC Noise at 212 Tyler Disrupts Sleep and Appears to Exce... https://mail.google.com/mail/u/0/?ik=273431ba49&view=pt&search=a... 5 of 5 1/13/2023, 10:28 AM

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