City Council puts music back on Emmy's menu

It had all the build up of a sold-out concert, but the decision to allow music at Emmy’s Spaghetti Shack – booked at the Sonoma City Council after a raucous stint with the Sonoma Planning Commission – came quickly and quietly Wednesday night. The harmonious 4-0 vote allows the restaurant at 691 Broadway to begin a limited schedule of live acoustic music.
The council decision upholds, with some modifications, the six-month, temporary use permit granted by the planning commission on May 14. That meeting generated heated debate. Neighbors were vehemently opposed to what was initially described as a nightclub.
Shortly before that meeting, owner Emily Kaplan amended the permit request, describing her establishment as “a restaurant with music,” and limiting the fare to acoustic, non-amplified performances. The updated proposal, which specified the number and hours of shows, passed 6-1.
Opponents felt there had been an unfair rush to judgment and that neighborhood concerns had not been addressed. An appeal, with 33 signatures, was then filed.
Since then the volume of argument has been turned down. Elizabeth Monnet, who helped initiate the appeal, said Wednesday night that she had met with Kaplan “to seek common ground. The goal is to allow a music permit and allay the fears of the residents.”
Emily Kaplan told the council, “First and foremost, I want to operate my business, be respectful of the neighbors and follow the laws.” Co-owner Mundo Murguia, her husband, said, “We scaled down our proposal significantly. There’s no way we could abuse the permit given the noise ordinance. It’s a fail safe.”
Public concerns ranged beyond the noise level. “Traffic, reckless driving, vandalism, fights – that’s what a nightclub brings with it,” said Regina Baker. “It’s what goes on after they leave that’s the problem.”
City planner Rob Gjestland suggested that the council focus on the activity, not the definition. “It doesn’t feel like a nightclub to me,” he said “It’s a restaurant with music.”
“I hear the neighbors’ concerns, I really do,“ said council member Steve Barbose. “But streams of wild people reeking havoc on the streets – I just don’t think it’s going to happen.”
While other public comments concerned traffic, parking, safety and quality of life, the council focused solely on the noise issue. Members shortened the music curfew by an hour, but relaxed the limit on karaoke from once a month to once a week.
The council also examined the category of “pre-recorded music,” a potential hot button as, in Emmy’s case, it includes live DJs. Ultimately they saw no distinction between it and the ambient background music commonly played in restaurants. “I don’t see a problem with indoor music,” said Barbose. “They are bound by the noise ordinance.”
Council member August Sebastiani said that his was a pro-business vote, and that a thriving Emmy’s could draw foot traffic down from the Plaza, perhaps revitalizing other businesses along Broadway.
As amended by the council, the permit allows live acoustic music outdoors six times per month. Shows can’t exceed four hours, and must conclude by 8 p.m. Monday through Thursday, and 9 p.m. on Saturday and Sunday. (Kapanlan did not request music on Fridays.) Recorded music played on the outdoor patio would conform to the same end-times.
Left alone was the OK for live music, acoustic and un-amplified, inside the restaurant Thursdays through Saturdays, 11 a.m. to 1:30 a.m.
“Emmy’s went home with more than they came with,” complained Scott Sherman, a neighbor who opposed the permit. But, he said, the six-month trial just may “give them enough rope to hang themselves.”
Council members Barbose, Sebastiani, Laurie Gallian and Ken Brown voted in favor of the modified use permit. Council member Joanne Sanders was out of town and did not participate.
In other council business, an interim expenditure plan was unanimously approved. This allows the city to run its day-to-day operations while gathering key revenue data – and awaiting a likely mandatory “loan” to the state – in advance of a final budget.