The stage for the new Lucca Beer Garden, which opened in June. (Photo by Nick Sestanovich)
Apparently, nobody told Lucca Bar & Grill about Benicia’s amplified music ordinance — but neighbors have been making it known to the business after last Thursday’s Farmers Market, and again last Sunday.
Many residents posted comments on the Facebook group, “Benicia Happenings,” mostly beginning last Friday, when one resident posed the question: What time should outdoor music be allowed on First Street?” That question generated over 100 comments and responses within a few days’ time, most of them favoring a later required end time for live music:
“10 p.m. is standard in Napa and Sonoma counties. Having an 8 p.m. end time is not business friendly. How can this be revised?”
“I’d support a later time for sure.”
“I live downtown and I think that the music and the restaurants, the vibe, and people being outside is an amazing thing. Downtown living is meant to be fun and diverse, cultural. Want quiet..? Move to Southampton.”
“We’ve never called to complain, but it can get a bit overbearing on some nights with First Street Cafe, Lucca, the Union (Hotel), Kinders all going at once on some Thursday evenings. We live right in between them all and hear them all conflicting with each other in my living room. I have to leave for work at 5:30 a.m. and go to bed early, so I invested in a sound machine and ear plugs and for the most part, it works. However, the music at Lucca’s beer garden is louder than the others in the area and more days per week, plus it was not a “thing” when many of us moved to the area. Five nights a week from them can be a lot on someone’s nerves if you live right down there, but there has to be some happy medium.”
“I’m a block away from Lucca’s and it’s very loud and not always pleasing to the ears. I can usually ignore it, but the other night there was a female singer caterwauling and I was happy when the curfew time came.”
“I live on East D and we love the music! It’s part of why we love being downtown! We wouldn’t mind for the music to go to at least midnight on the weekends! Maybe 10 on Thursdays. it’s not like there are many other options at night. With the newly renovated bed and breakfast I’m hoping they get a lot more weddings and I’m sure it would help to have the music later! Who wants the party to end at 8?”
“Crazy! Adults having fun, spending $ in town? Crazy talk! Time to change the rules!”
“I live downtown and appreciate having free live music without leaving my porch or yard. I have no issues with times. If I don’t want to hear I go inside and close the windows. Upgrading to good windows is worth the location.”
Lucca’s take
In an interview with restaurant owner Jan Lucca Thursday, the Herald learned that different businesses on First Street are bound to different city ordinances. When the city first created a downtown business improvement district in 2012, any existing businesses activities were not required to take on the new guidelines. Only new businesses or changes to services taking place after the district was established are required to adhere to its ordinances, he says. Prior to that, businesses were required to obtain a permit to provide amplified music. Lucca is not required to obtain a permit to offer live music entertainment, but the restaurant is required, for example, to end any amplified music after 8 p.m. Monday through Saturday and is not allowed to have any at all on Sundays or holidays.
Lucca told the Herald he would be happy to have an increase to 9 p.m. and add Sunday afternoon to allowable music hours, and to have a set decibel limit for noise that would apply to all downtown businesses equally.
“I would like to see things change by next spring. If things move along, I’ll wait for the city to go through the process. But if they drag their feet, then there will be phone calls and letters.”
The new beer garden where Lucca is offering the live entertainment is a multi-level space with ample seating and space for kids.
“Minors are allowed until the food service stops. People come here with their families,” Lucca said. “If you come by on a Friday night, you’ll see ages from 20 to 70, and kids sitting with their families.”
Lucca has offered some children’s programs, including a magician, and hopes to have a small kids’ festival on Halloween day, including a jump house in the lower level.
“We’ll just move some of the wine barrels,” he said.
What residents can do
If the Benicia Police Department receives a noise complaint, it is obligated to ask the business to comply with the city ordinance. The only way to change a city ordinance is by action of the city council. Any residents wishing to make a change to this or any Benicia municipal code should bring their concerns to the attention of the city council or the planning commission.
City Attorney Heather McLaughlin told the Herald Tuesday that Benicia’s Planning Commission is already at work finding ways to address residents’ concerns, pulling ordinances to compare specific provisions that affect different downtown businesses differently.
The ordinance regarding amplified music currently reads:
“8.20.080 Sound-amplifying equipment – Use regulations. The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:
A. The only sounds permitted shall be either music or human speech, or both.
B. The operation of sound-amplifying equipment shall only occur between the hours of 9:00 a.m. and 8:00 p.m. each day except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of
sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 9:00 a.m. and 9:00 p.m.
C. Sound levels emanating from sound-amplifying equipment shall not exceed 15 decibels above the ambient base noise level.
D. Notwithstanding the provisions of subsection (C) of this section, sound-amplifying equipment shall not be operated within 200 feet of churches, schools, hospitals, or city or county buildings unless specifically authorized by the city manager or his designee.
E. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (Ord. 77-2 N.S. §
1, 1977; prior code § 12-506.”
Both Mr. Lucca and the neighbors living closest to the restaurant have told the Herald they are eager for a resolution. Lucca is somewhat optimistic, hoping the city will resolve the technical issue by St. Patrick’s Day next spring, but he says he doesn’t see a way to make everyone happy. Some neighbors will continue to balk at the evening music noise, he says, and others will continue to express a desire for more.
For more information about city of Benicia municipal codes, visit the web site at ci.benicia.ca.us or call 746-4200.
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GOOD ARTICLE
Thank you Jan. I appreciate that. -Elizabeth
We want a downtown that is vibrant! When the Capt Walsh house was owned by Reed and Steve there were complaints from neighbors about noise when there were wedding events there. This, at a location across from city hall, the police station and the post office!. As someone noted, if you want quiet you can certainly find a lot of places in town that are very quiet indeed.. When we revised the General Plan years ago we concluded that our citizens wanted the downtown to be the heart and soul of the community based on what they communicated to us. At the same time we learned that some people will have a much lower threshold for noise tolerance than the rest. Nothing wrong with being sensitive, but let’s not let the tale wag the dog. .
I think you mean tail, not tale; although a tale wagging the dog is an interesting concept.
The issue with the Captain Walsh house was that it was zoned residential and being used for commercial purposes, and the weddings were not occasional but regular events, with plenty of loud music and noise late at night, disturbing the peace of their neighbors who objected. The owners requested a change in zoning to allow the commercial use. The neighbors were there long before the wedding business started and had a reasonable expectation, since it was zoned residential, not to be subjected to the noise so frequently.
Downtown is a different issue: a commercial area that abuts to a residential area. This calls for a balanced and fair resolution that takes into account the views of all affected.
I understand. However, it is a fact that some people are much more sensitive to noise than others, and if we let their tale take precedence we’ve undermined what we’ve wanted to have in the downtown. Therefore, it may not be possible to craft a resolution along the lines you’re suggesting – in fact, the first question is are the restrictions in place right now inadequate? The ones the article refers to seem reasonable and how much time do we want the City Council to spend on this when other matters are pressing. BTW, City Hall was the High School for years prior to it becoming the seat of government.. Did residents object to noise from that use,, including activities at the gym or on the playing field? Just wondering.
The owners of the Walsh House were running a commercial operation from a house zoned residential and disturbing the peace of the neighborhood. That is totally different circumstances from downtown where there is mixed commercial and residential zoning.
I think a fair resolution is possible. In fact the ordinance cited in the article seems rather fair and reasonable to me, taking into account both characteristics of the zoning. But I do not live there nor do i have a business interest there and those who do may have other views on what is reasonable and fair.