Seal Beach restaurants could turn up the music under a new noise ordinance

A new noise ordinance that the Seal Beach City Council initially approved Monday night would allow amplified entertainment during certain hours to help restaurants increase business.

The council voted unanimously on first reading to approve an ordinance to allow amplified music from noon to 9:45 p.m. weekdays and noon to 10:45 p.m. weekends for a trial of six months to a year. Currently, zoning and land-use regulations prohibit amplified entertainment and require permits for unamplified entertainment.

The ordinance will be presented to the council for a second reading and possible final vote during a future meeting.

“The purpose is to find a balance between the needs and concerns of residents who are adjacent of businesses who may engage in amplified music, and that those residents are protected of the nuisances,” said Jim Basham, director of community development.

All noise must fall under 50 decibels as heard from the sidewalk, which acoustic consultant Richard Wu said is equivalent to the sound of waves one hears while walking on the beach.

If problems arise, city staff can amend the ordinance.

Businesses hosting performers would be required to have an appropriate entertainment license, and performers who receive compensation would have to apply for an incidental entertainment permit. Currently, performers are required to apply for permits only if more than two people are performing.

Businesses with ambient recorded music would not need to apply for a permit as long as it is less than 50 decibels.

City staff would be trained to use a measuring instrument to determine whether amplified noise falls under 50 decibels. Wu said meters can cost $500 to $15,000.

Tom Rowe, owner of The Abbey restaurant and president of the Seal Beach Chamber of Commerce, criticized the drawn-out process for the new ordinance. He initially brought the idea to the city Planning Commission in 2015.

“It’s gotten so complicated than intended,” Rowe said.

Restaurant owners are looking to “make our living and pay our rent” by having people drop by to listen to music after dinner, he added.

Both Rowe and Councilman Gary Miller spoke against monitoring the noise threshold and instead suggested leaving it to residents to make noise complaints to police, just as if a neighbor played music too loudly.

“After a second complaint, shut it down,” Rowe said. “It’s common sense, with no cost.”