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Jul 19, 2022
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Opposition to live amplified outdoor music at Cafe Zoe

Dear Menlo Park City Council member,

I am writing to express my opposition to the live amplified outdoor music that occurs at Cafe Zoe weekly. My sister Elizabeth lives in that neighborhood and is directly affected by the outdoor concerts that have been occurring at the cafe.

It is my understanding that Cafe Zoe is trying to obtain approval from the city to continue to hold these music events. I respectfully ask that the City should not allow these outdoor music events to continue.

I know that Cafe Zoe is a much loved institution in the Willows neighborhood. And I know that Ms. Kathleen Daly has even received some recognition from the City of Menlo Park. I know that there is a change.org petition that has received in excess of 1,000 signatures in support of live music being held at Cafe Zoe.

Nonetheless, live amplified outdoor music is not an appropriate activity for that location. The amplified music affects the residential neighborhood.

Regarding the recent City Council meeting of July 12, 2022, Agenda item G2…

“G2. Waive the first reading and introduce an ordinance amending Title 8, Peace, Safety and Morals, of the Municipal Code to create a comprehensive permitting system for public assemblies, events, and use of City parks and facilities (Staff Report #22-136-CC) (Presentation)”

In reading this agenda information, it seems the City can issue 4 types of permits: A Special Event Permit, a Parks Permit, a Noise Permit, and a Film Permit.

I think it’s important to note that the sidewalk and the parking lot in front of Cafe Zoe is actually private property- it is not a city-owned sidewalk.

Since the music events that have been occurring at Cafe Zoe are entirely on private property, they must apply for a Noise Permit, even if they are exempt from applying for a Special Event Permit. Again, I will state that the City should not approve such a Noise Permit.

The music events that have been taking place for the last year are a violation of the Menlo Park Municipal Code. These events are a Noise Disturbance as defined in the Menlo Park Municipal Code chapter 8.06

I think the City Council should also direct the Menlo Park Police Department to begin enforcing the code.

I remember a few years ago, a business in Menlo Park called BootUp Ventures was having live amplified music events, and the noise was affecting the residents on the other side of the creek, in Palo Alto. The noise went on for 3 years until the Palo Alto residents threatened to sue the City of Menlo Park.

https://almanacnews.com/news/2018/10/19/bootup-ventures-neighbors-may-see-relief-from-noise

Let’s not make these same mistakes.

Cafe Zoe started out as simply a cafe. Now they serve food, and Beer and Wine. And now they have live outdoor music. It is a vastly different business than what it once was. It is not compatible with a residential neighborhood.

If they want to have live music, it should be indoors with acoustic instruments. This is how cafes have traditionally operated.

Please do not approve a Noise Permit, and please instruct the City of Menlo Park Police to enforce the Municipal Code 8.06

Thank you,
John McCarthy
610 Gilbert Ave #4
Menlo Park