Party to continue at Marque Party to continue at Marque (September 06, 2002)

Club can stay open but must develop new plan
by Dolores Fox Ciardelli

The City Council on Tuesday night decided to give the Marque nightclub on Hopyard Road a chance to fix the noise problems troubling residents in the nearby Val Vista neighborhood.

The Planning Commission suspended the club's conditional use permit in July, but allowed it to continue operating, and scheduled a review at its next meeting, Sept. 11. City staff recommended that the council revoke the permit, saying the owner could apply for a new conditional use permit when he reworked his business plan to make the Hopyard side of the club into a pizza parlor as he said he intends.

A motion made by Councilwoman Kay Ayala to follow this recommendation garnered support only from Councilwoman Becky Dennis. "We don't get these requests from staff that often and at this particular point we have to trust that staff has done its job," said Ayala.

Then Mayor Tom Pico moved to amend the conditional use permit to limit occupancy to 200 patrons; to require that access be at the rear of the building, from the parking lot on Chabot Drive; and to review problems with the neighborhood no later than the end of January 2003. This motion passed 3-2, with support from Councilman Matt Campbell and Dennis.

"I think that there appears to have been some progress made with respect to some of the problems at this location," said Pico. "I would like to see us try to give this a little bit more time to resolve some of the issues. If they are still having major problems and the neighbors are still complaining, then we can revoke the permit."

Pico said he has family members who enjoy going to clubs. "There is a need for them to have access to these kinds of facilities without having to go to San Francisco, so I'm willing personally to give it a try," he said.

"At least give them a chance," agreed Campbell. "Let them continue to operate but give them conditions."

The decision was made after hours of testimony, with club owner Carlos Ratinho, his attorney, the club manager, the head of security and many patrons standing up to extol the club's value to the community. Supporters lined the back of the council chamber wearing large stickers reading, "Save the Marque - Marque means jobs." The club employs 25, according to manager Richie Cabral.

"The key issue is the parking lot," said Planning Director Brian Swift. "The parking lot for this bar basically abuts Hopyard Road." He said the other side of the club exits onto Chabot Drive where there are two residential hotels.

Although noise complaints were made as early as last fall, Swift said, the problem became worse in the spring, with complaints virtually every weekend in May, June and July until the Planning Commission hearing.

Attorney Mark Cohen said that his noise consultant did a study on a Saturday night between midnight and 2 a.m. and concluded that more noise came from Hopyard Road than the club parking lot.

"The fact that someone complains doesn't mean that it is in violation of the code," he stated. "The neighbors have a clear goal. They don't want the business here. But they have chosen to live next to a six-lane road across the road from a shopping center."

Resident Therese Pimentel, whose home on Audrey Court backs up to Hopyard right across the street, questioned the noise report. "We are woken at 1, 1:30 and 2 in the morning. My house vibrates from the bass," she said.

Her husband, James Hvidt, noted that the other businesses in the shopping center close much earlier. "There is no other establishment like this, it's totally out of place in that shopping center," he said.

Other neighbors have also complained, saying it is not uncommon to hear yelling, loud music and automobile tires screeching, especially after 1:30 a.m. when patrons begin to leave the club. Nineteen Val Vista residents submitted a petition asking that its use permit be revoked.

Police Capt. Dave Radford told the council that sometimes as much as 75 percent of the patrol force is committed to the parking lot of the Marque and responding to noise complaints. "The issue with the Police Department is that it is simply a strain on our resources," he said.

Club owner Ratinho said he is guilty of being successful after using a promoter in May, June and July. "Since then we have dismissed him and changed the music format," said Ratinho. "We've lost patronage but I would rather lose patronage than lose my business. The only reason I bought the business was because the permit was there."

Capacity at the club is 400. Ratinho said he has increased security, mainly to patrol the parking lot, from five in January, to 13 in May, to 16 in August.

"We've never had violations, never been fined," he added. "I have been there every day since May and not missed one weekend to make sure that everything is run right."

"Maybe the club is not in the best location, but I like to think Carlos has done a pretty decent job in making changes and working with the neighbors," said Councilman Campbell. He said he wants to work with him until the neighbors felt good about the changes.