Deputy Director of Development Services Doug Libby encouraged city officials to pass a new noise ordinance for the downtown business district from 10 p.m. to midnight.

YUBA CITY, CA (MPG) - No need to turn down the music after 10 p.m. in the downtown business district.

A downtown noise ordinance exception was the topic of conversation at the June 18 and July 2 Yuba City Council meetings when the first reading was waived for adopting the new law.

Deputy Director of Development Services Doug Libby presented City Council members with new noise regulations extended from 10 p.m. to midnight for entertainment activities associated with restaurants, bars or other approved locations in the downtown business district.

Libby detailed the background, noting that individual City Council members supported developing the downtown area into an entertainment zone to draw visitors.

"This is encouraged today by the Downtown Business Association's annual Summer and Winter Stroll events and other activities," Libby said, noting the current regulation limits noise associated with large gatherings at 10 p.m.

"Although that is really appropriate for a residential area if you are trying to encourage any form of nightlife in your downtown area, it presents some challenges," Libby said.

According to Libby, the current noise ordinance excludes emergency response vehicles, parades and legal fireworks. Exemptions are also provided for publicly-owned land, religious activities, railroad activities, the Yuba-Sutter Fair and organized sports events.

Libby detailed the exact location for the exception that applies to properties zoned community or general commercial, including fronting Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street and properties fronting Center Street between Plumas and Shasta Streets.

If the noise level is too loud for some, the "city reserves the right to require a noise study to be prepared at the business's expense if it is believed noise impacts will not be mitigated," Libby said.

"This is really a first step into developing our downtown into more of an entertainment area," Libby said, noting the Central City Specific Plan is 32 years old. "It requires updating."

Libby said the city anticipates receiving $350,000 from a Federal Reconnecting Communities Grant through the Sacramento Area of Council of Governments (SACOG).

"This will involve a lot of community outreach to get input from not only individual citizens but as well the businesses on how they want to see the downtown area develop for the next thirty years," Libby said. "This will include updated noise analysis."

Libby informed City Council of the published public hearing notice for the exception, exempt from environmental review.  Libby recommended that officials adopt the noise ordinance exception and waive the first reading.

Resident Sumiko Sprague, who has lived on Shasta Street for 14 years, said her residence is "directly affected by this ordinance."

"A major issue I already have is that the current ordinances aren't even followed," Sprague said. "It's consistent; whenever any event happens, the sound prolongs past 10 o'clock. It's been that way for as long as we have been there."

The resident questioned the officials' motives.

"At this point, I don't see how extending it to midnight is going to change anything. What regulations are in place for that to be managed if it's not already being managed?" Sprague asked officials.

Sprague also questioned drawing more entertainment to what she called the predominantly family-oriented community.

"Is the entertainment extended from 10 to 12 really what Yuba City is trying to enhance?" Sprague asked.

Attempting to portray "a nightlife" vibe is not attractive to Sprague, who said that after living in the region for 14 years, it is not that. According to Sprague, any change should enhance daytime events, including Summer Stroll.

"I would like to very much oppose extending anything when we are not even respecting what exists currently," Sprague said.

On the other side of the ordinance, Yuba City Downtown Business Association board member Sandy Drown defended the exception with thanks "for granting us the opportunity to establish this ordinance in harmony with the vision of our organization."

Drown thanked Councilmember Dave Shaw and city staff, including Libby, for their "invaluable contribution" to making the resolution possible.

"We have had several discussions to collaborate and advance this initiative," Drown said.

Drown countered Sprague, saying Summer Strolls end at 9 p.m.

"I help close down all the strolls, and at 10 o'clock, there is no music because we don't have that opportunity," Drown said.

On the contrary, Drown said, "This ordinance would give us an opportunity to make that event later because of the heat for our community and others to enjoy."

Mayor Shon Harris addressed Sprague, encouraging her to contact the facilities that are not respecting the ordinance as it stands.

"One-hundred feet notwithstanding, I don't think anyone wants to have any bad feelings," said Harris, adding that the intent is to provide entertainment options for the community and business owners. "No one wants to create problems for you."