Emeryville's Feckless Noise Ordinance

Second in a Series:
How's Emeryville Doing?

Residents Not Helped by
Noise Ordinance

Staff Can't Imagine an Ordinance That
Would Constrain the Business Community  

Introducing a new Tattler feature, How's Emeryville Doing?  Beginning with our story on the Urban Forestry Ordinance, we're investigating Emeryville's codes, laws and planning edicts to determine how effective they are.  Should we keep them as they are or amend some of these guiding mandates?  Or should we get rid of them?  Look to How's Emeryville Doing to cut through the artifice built up by those who stand to benefit by inaction and ineffectiveness in our governing documents.

News Analysis
Emeryville's City Hall staff recently recommended to the City Council a developer's Noise Ordinance waiver request be denied, marking the first time in the eight year history of the ordinance the staff has ruled in favor of the citizens interests over the business sector.  May 1st is a red letter date in Emeryville history; the date the Council, accepting a staff request, told a developer NO to a Noise Ordinance waiver request, specifically in this case the developer of the Marketplace project, who requested permission to work every Saturday over the next year.

An interview with staff didn't lead to any more understanding of the extraordinary May 1st denial; they simply referred us to their Report to the Council.  The report says the denial recommendation was based on the developer's insistence the City look after his bottom line by helping to speed up the work schedule.  However that same reason has been offered up before by other developers seeking waivers and that has never been cited as reason enough for staff to recommend denial of a waiver request.  In fact, the developer of an earlier phase of this same project asked for and received a waiver based on the same reason and the Council, by default, ruled that desires of developers to speed up their projects now qualifies as reason enough to grant waivers.

All this leads us to question if reason is even at play at City Hall with regard to the Noise Ordinance or is it just capriciousness instead?  Perhaps the staff finally became embarrassed by all the negative Tattler stories.  It should be noted on the four occasions since 2010 when the City Council has denied waivers, the meetings were attended by a vocal contingent of angry neighbors.

Regardless, the May 1st denial begs the question: how effective is Emeryville's Noise Ordinance?  How's Emeryville doing?  A Tattler Public Records Request reveals a very weak law that defers to the interests of developers over residents.

Of 25 total requests for waivers to the Noise Ordinance since 2010-
2 were withdrawn by the applicant
1 was recommended to be denied by the staff
4 were denied by the Council (includes the May 1st denial)
19 were approved

Rare as an Ivory-Billed Woodpecker 
A denial to a developer for a Noise Ordinance waiver:
The rarest of all City Hall documents