Council OKs New Noise Restrictions

The City Council of Foster City unanimously agreed to amend the city's noise ordinance, a decision which came to the chagrin of one local martial arts studio owner who said the new law will adversely impact his business.

Council members agreed during their meeting last night that the city's noise ordinance should be changed to include restrictions on yelling, singing or any noise projected by people inside a studio. Under the council's approval, the new law demands studios must shut their windows and doors during business hours in order to prevent noise polluting the surrounding residents and businesses.

But , owner of , said the amendments will create a variety of problems for his business and clients, including health issues.

Perez, who spoke to the council at the meeting in City Hall, called the new law ridiculous, said he was disappointed by the process that lead to the council approving the law and went so far as accuse the city of making its decision due to racial motivations against the practice of Asian martial arts.

Perez's Gold Medal Martial Arts, located at 969 Edgewater Blvd., offers classes in the Korean martial arts style Taekwondoe to students of all ages, as well as a variety of other fitness and self-defense programs. Often his clients will shout or yell during their lessons while performing routines, the noise from which has prompted complaints from surrounding residents.

Perez said he felt there was a "racial component," to the the council's decision since he ran an Asian martial arts studio. A suggestion which Councilman Charlie Bronitsky took offense to, and responded by calling the accusation "outrageous" and "offensive."

Mayor Linda Koelling agreed with Bronitsky.

"I'm very disappointed Mr. Perez looks at this as racially motivated," said Koelling, and continued by calling the accusation "horribly wrong."

Additionally, Perez said the restriction to open windows or doors to his studio during class time would increase the probability of asthma for his students, because there would be ventilation issues caused by preventing fresh air flow in the studio. He also said his workout mats would not dry as quickly under the new ordinance, which could create a variety of sanitation issues.

He made alternative suggestions to the noise ordinance, including one that said doors and facing surrounding businesses or residences would remain closed at all times while the others opening to vacancies would be allowed to stay open.

His suggestion was shot down by Community Development Director Richard Marks who said that since noise does not travel in one uniform direction, allowing any doors or windows to stay open would still allow noise pollution and defeat the purpose of amending the ordinance.

Marks also denied that the amendments were directed solely at changing what is allowed at Perez's studio, and said that the new law was necessary to be applied to all businesses.

"We need to look at this in a broad context, it's not just about Gold Medal Martial Arts," he said. "But the studio did bring attention to a flaw in the city's ordinance."

The existing noise ordinance has restrictions in place regarding mechanical and amplified sound such as construction work or live music, but featured no restriction on natural human voices. The amendments approved Monday night will undergo a second reading at a subsequent council meeting before going into effect.

An amendment to the noise ordinance was requested by residents who were repeatedly offended by the noise of yelling coming from Perez's studio.

Resident Jim Kramer spoke to the council in favor of the amendments, and said a restriction on noise similar to that created by the Gold Medal Studio was necessary to maintaining a high quality of life standard in Foster City.

Sentiments similar to Kramer's were expressed through a petition that featured nearly 70 residents in favor of adopting the proposed amendments to the noise ordinance. The city's planning commission and staff also recommended the council approve the amendments.

Perez, who spoke to the council before storming out of the Council Chambers, claimed he had clients who supported him in his case against being forced to close his windows and doors, but no one accompanied him at the meeting.

But Councilwoman Pam Frisella said the amendments should not be viewed as a slight against Perez and his business, but rather as an improvement to the city's municipal code.

"We are not doing this for one business or one person," she said. "We are doing this for the good of Foster City."