Continuous HVAC & exhaust noise

The issue

Buonasera Pizza runs rooftop mechanical and exhaust equipment that produces a constant drone received at adjacent homes roughly 100 feet away. If you wonder why you can no longer hear the waves from your home, this is the reason.

Roberto's has since added its own rooftop mechanical unit. The City of San Diego Planning Department confirms that no permit has been pulled for this unit, which means it was installed without one.

The code

§59.5.0501(a) makes it unlawful to continue any disturbing, excessive, or offensive noise that annoys a reasonable person in the area. §59.5.0501(b) directs the City to weigh the noise's level, duration, constancy, proximity to sleeping areas, and time of day, which are the exact factors documented below. The dBA limits themselves come from §59.5.0401.

Calibrated sound-level testing · Buonasera rooftop unit · adjacent Via Aprilia residence · ~100 ft · 1-second logging

The Buonasera unit runs at a near-constant 59 dBA around the clock. The City's acceptable level for this residential area steps down through the evening and overnight, so the same steady drone sits farther over the line the later it gets.

Evidence