Victory for Outdoor Music in Downtown

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On Tuesday night, July 7, 2009 the Fullerton City Council finally concluded the issue of Live Outdoor Amplified Noise.  With a 4-1 vote (Pam Keller in opposition for some reason), council members decided that our current sound ordinance will suffice, moving forward into the future. Currently, acoustic music is allowed outside and louder live amplified music is not.  Jones, Bankhead, Quirk and Nelson all voting that the outdoor use of acoustical instrumentation (without amplification) is A-OK, but the use of louder live amplified noise on downtown private  patios on a regular basis is not the best thing for Downtown Fullerton.

It was stated in the sound study that was produced for the city at a cost of $16K that it is very unusual for cities to allow loud live amplified music outdoors on a regular basis. This obviously doesn’t include special events which are permitted under the current city code.  It’s so unheard of that only 3 cities in the whole country where cited as allowing some kind of routine outdoor noise, 2 of them out-of-state. The vast majority of cities allow acoustic (non-amplified) music outdoors while the loud music belongs inside. What a great idea!

We do our best work indoors...
We do our best work indoors...

Cheers for the Council for making a wise decision and preserving the peace in Downtown!

Cheers for the Council for having the foresight to see that over the long run this will encourage positive development in the downtown and promote a healthy business climate for all types of diverse shops and residential dwellings to thrive in downtown.

If you think about it, some types of music just aren’t conducive to being peace and quiet, yet others are. So by sticking with the current ordinance, acoustic music like folk, jazz and blues are encouraged outside while the louder harder stuff is only allowed indoors.

Makes great sense—Good job City Council!

16 Replies to “Victory for Outdoor Music in Downtown”

  1. And was that “study” performed by a registered acoustical engineer? If not then a real fraud was perpetrated on the taxpayers. Actually an ever bigger fraud.

    Sounds like another post.

    1. Harpoon, what’s the difference between a “registered acoustical engineer” and Bon Terra Consulting “AICP” license? Bon Terra’s “Noise Study” concluded that live amplified music would be loud outside, but it was OK anyway, that makes NO SENSE.

      I watched the council meeting on TV, thanks to councilman Nelson for articulating how absurd staffs idea was that playing live amplified music outside was what the “stake holders” wanted, it was so apparent that the only stake holders were Jack, and downtown working group which apparently was the city staff. Which staff members were present at the “testings”?

      1. Bon Terra Consulting is a professional land planning opinion for hire. That’s what they do. I’ve seen some of their work. Their mission is to throw lots of words and dubious mitigation at a CEQA problem to make it go away – theoretically at least.

        In any case an “AICP” confers no technical expertise on the issue of acoustical transmission. Bon Terra and its ilk (almost) always subcontract out stuff like this.

        What’s even more troublesome is the way the whole thing was cooked up by the Planning Department to help Roscoe’s – specifically, when really the whole approach should have been to do a study for the entire C3 zone preparatory for a blanket zone code amendment. Of course that would have (in cities that observe such niceties) entailed a EIR and findings of overriding considerations that would have been a complete joke.

        And this is why so many people saw Roscoes getting special treatment. The bogus special permit gambit just sealed the deal.

        1. I believe that Bon Terra normally puts the acoustical engineering subcontractor’s name on the report. It was curiously missing this time. Hmmmm….

  2. Thanks, FFFF for taking the reigns on this and congrats on the victory. There are many residents that owe you, although they probably don’t know it.

    FFF for City Council!

  3. I can’t stand hypocrisy. How is it fair that the city and Mr. Bushala are able to have amplified music? Oh yeah, the zoning. Friends, live music has helped bring people out on Thursday nights to the Farmer’s Market. The stages at the plaza and train depot are much closer to homes then Roscoe’s stage. Could it be the three stooges Carlo, Baily, and Bushala are just bored and wanted to pick a fight with Jack? What was the harm Tony with having music Sunday afternoon? What was the harm Dave with bringing people to downtown that actually might discover Matador because of it? Carlo, didn’t the Hub use to have music? And are you sill living in the alley? Bushala, I’m glad you can hide behind your keyboard because you’re a lousy speaker. Baily, I can’t wait to post the pictures of you judging a bikini contest if you ever decide to run for council. I’m sure the majority of voters in Fullerton who hold traditional conservative values would like to know about what you do on your off time. I’m sure Jack will rebound nicely and I’m sure we’ll here you whine again. Keep serving the minors at the depot Bushala and keep rocking the live music hypocrite!

  4. “Baily, I can’t wait to post the pictures of you judging a bikini contest if you ever decide to run for council.”

    Wow! Hes’ got my vote already. Way to go Dave!

  5. “Angry” Alan,

    Keep on rockin in the free world, just please do it inside so the neighbors and adjacent businesses don’t get disturbed…

    There are other people on the planet to consider ya know.
    Its not that hard…

  6. Hey Alan,

    Lets not forget that Roscoes got to expand and still doesn’t have to go through RDRC and got away with having undersized restrooms because they never showed the patio on there original plans. They built all that with no permit and no RDRC approval ! So they didn’t get everything, the loud music was just over the top ! As far as I know they still aren’t being asked to bring their restrooms to compliance ?

    Hope they realize they are actually ahead.

  7. Alan,

    I don’t have any issues with bringing more people to downtown, nor do I have issues with Jack. I have worked many years with City staff to increase the uses in DTF and INCREASE visitors. As I have said before, I consider Jack a friend. I only have issues with OUTDOOR AMPLIFIED MUSIC!!! Whether it was Jack or anyone else, my position would be the same. Heck, City staff could ONLY find 3 cities with policies allowing outdoor amplified music and 2 of those had to make changes to their decibel levels after negatively impacting the community. And they searched Nationwide!

    Now pound that in your thick skull, Alan, and while you’re at it, post any picture of me. I have nothing to hide. If those with “traditional conservative values” think that my participation in that event precludes me from having their votes, then that is their prerogative. But if you DO vote for me, know that I will not impose my religious or moral views on you. I will work/vote to allow you to have a peaceful and enjoyment of your property as I have done and will continue to do. And, I won’t judge you for attending events that I might conflict with my “traditional conservative values.”

    I’m sure there are many Fullerton residents with “traditional conservative values” that would look at the loud music coming from open patios and be happy that I had a hand in mitigating it.

    What does Jack need to rebound from? I don’t get it. He opened a sandwich shop and built a patio with a bar. He still has that. Even though it was not properly permitted and planed, he still has it. He didn’t LOSE anything. He never had the RIGHT to have that stage on the patio.

    Post your real name Alan. I, and I am sure everyone else here, would like to know who you really since all we see now is you “hiding behind your keyboard.”

    David Bailey

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