The City of Fullerton Keeps Breaking The Law for Jack Franklyn. Why?
For some strange reason, the surrounding business owners and/or residents of properties within proximity of Roscoe’s were NOT notified to allow input at the Planning Commissions recent Public Hearing. A violation of the law (Sec 15.58.060).
Is an on going ’special event’ spanning 3 months the intent of this section? Obviously not. (Sec 15.58.020)
Was the application filed 90 days prior to June 14th? N0. (Sec 15.58.040)
Here’s the relevant section of the Fullerton Municipal Code:
15.58.010. Intent and purpose.
The intent of this chapter is to identify special events and to specify the requirements and provisions for their approval regardless of the proposed location or zone classification. The requirements and provisions established for each special event are intended to ensure the general safety, health, and welfare of the community and to ensure that the temporary operation of the special event will be a compatible activity for the neighborhood in which it is located. (Ord. 2982, 2001)
15.58.020. Definitions.
A “special event” is an event that will be conducted outdoors to which the general public is admitted or invited. Such an event includes a carnival, festival, tent or car show, circus, parade, auction, rally, or a similar kind of temporary outdoor exhibition or performance. A temporary commercial activity, such as a “sidewalk” or parking lot sale, which is intended to promote the sale of merchandise from on-site businesses, shall not be considered a “special event.” (Ord. 2982, 2001)
15.58.040. Application for permit and fees.
A. An application for a special event permit must be on file with the Director of Development Services at least 90 days before the scheduled special event. The City Council may, by resolution, set appropriate fees for the filing of the application.
15.58.060. Procedure for review of application.
B. A permit for a special event proposed on all other types of private property shall not be issued without a review and approval of the application by the Planning Commission. Prior to the Planning Commission reviewing the application, the Director of Development Services shall do the following:
1. Consult with other departments of the city on the request.
2. Notify business owners and/or residents of properties within proximity of the proposed venue, stating the nature of the request, the date, time and location where the Planning Commission will review the request, and the opportunity for the public to comment on the request during that review.
3. State all reasonable concerns and issues identified by city staff and the general public when the Planning Commission reviews the request. (Ord. 2982, 2001)
All this begs the very obvious question: why is the City bending its own laws past the breaking point to accommodate Jack Franklyn and his outdoor nuisance? The City Manager and his planning staff are obviously doing this for a reason. What could it be?
Doesn’t the city pay a bunch of expensive attorneys to keep the staff from violating the law? Are they complicit in this or just asleep at the wheel?
Your second question should not be whether the application was timely filed, but rather; Was an application ever filed?
Admin,
you are attributing blame to Staff that is not deserved. It is not the City Managers fault because he doesn’t give a damn about anything other than spiking his salary since he knows that the hachet is falling and that big juicy retirement pension (that he saw to get approved) is just around the corner.The real culprit is the planning staff. Is Director John Godlewski on the take or is Planner Jay Eastman leading the blind to get more free beers and tit rubs from the Heroes waitresses?
Shame on you. Is that what happened to you, or is that just your fantasy! Facts only please
Maybe its just the street credit that has been built up providing free beers (and in some cases dates) to command staff of the Fullerton P.D.
The very people tasked from the P.D. with reviewing this ordinance are those receiving the freebies. I guess its natural to return a good deed.
Where I come from, we call that “corruption”.
This sounds like a class action lawsuit in the making !
I don’t imagine it would be to hard to prove that many property owners in the area are being damaged and city hall is recommending that it continue.
I thought I would respond on this tread rather than the other one about this subject.
Joey, don’t place blame on me for your problems. This has nothing to do with “the guy in the alley” and me. You ran (run) a nuisance business emitting sounds late into the night that keeps people from enjoying their property or sleeping.
This has NOTHING to do with Jack. I like Jack. I enjoy Heroes and Roscoe’s (as I said when I heard your CUP for Roscoe’s). I refute your allegations that it was a problem until I came along. This was (is) a problem for many living in Fullerton and I had the responsibility to stand up for them against those they felt helpless against.
Joey, you and I have got along in the past and I really enjoy the events that you produce. From your BBQs at your house to the Heroes Golf Tourney, I enjoy them all. So this isn’t personal, it is a quality of life issue. You have no right to keep people awake at night. You just don’t. You could have done many things to mitigate the noise, but you didn’t. You were ARROGANT due to your clouded view of your influence with City Council and the Police Department. Then you ran into me and you didn’t have me in your pocket. Now you try and slander me and the “guy in the alley” as the problem. Really???
As a point of fact, I DID NOT HAVE ANY OWNERSHIP IN THE MATADOR CANTINA (shameless plug: http://www.thematador.com) when I was on the Planning Commission. I bet you wish I did, because I would have recused myself.
I know you are plugged into the Police Department to a level that is boarder lining on corruption. How is that when I call the PD because I can hear your music at my house (nearly ½ mile away) and the music stops? Huh? Then the officers come out to my home and tell me “we have been in downtown all night and just came from there and there isn’t any music at Roscoe’s.” Then the Lieutenant I am talking to says there is no live music in Downtown. How do I know you were called, cuz you told me during your comments at the Planning Commission. You said you only received one complaint and you stopped the music immediately when that complaint came in. You went on to say there was only one complaint EVER so that has to have been mine. (I would put a link to your comments, but the video from that night is missing from the website.)
Jack, know that many people in town admire you for your philanthropic endeavors but when you keep them up at night, you are not being a good neighbor and, regardless of your past, people start viewing you in a darker light. Know this too, there any many players in this town that know the rules as good, if not better, than you do. They have connections and means, too. They also know where the bones are buried and have the means to expose them at the right time.
Jack, you have been good to Fullerton and we, in turn, have been good to you. Please keep that in mind and act like the Jack we are proud of.
David A. Bailey
Former Chairman of the Planning Commission
Dave B., Jack’s philanthropy is NOT an issue, one way or another.
What is at issue here is the law. It either applies to everyone or it applies to no one. It really is that simple. I wish you were still on the Planning Commission so you could find out why this Jay Eastman punk, Godslewski (sp?), Chris Meyer and the Fullerton PD are not only turning a blind eye to a code enforcement issue, but seem to be driven to make a mockery out of their own municipal code.
Somebody needs to call the DA.
I rest my case.
http://www.youtube.com/watch?v=7eheBmi8v-I&feature=player_embedded
It wouldn’t be a Fullerton issue without drama…but i agree with Mr Bailey, not everyone wants to be up partying all night listening to the live bands and drunks. Some of us homeowners in the area put up with it (reluctantly) but have real careers outside of your bars. We have to be up early to go to a real job and have kids that have to be at school early. Kind of sick and tired of it.
Whats wrong with no music after 10PM?
It is no music after 9:00 pm.
Except for one of the 8 events.
9:00 pm is hardly keeping people up all night.
That is great to hear, although I would still have an issue if ANYONE was annoyed by the music to the point they could not enjoy their property or sleep, as Mr. Bailey suggested. Let’s hope you keep it to 9pm and not push the envelope as you have done in the past.
Fullerton Native, isn’t it true that you tried to add live outdoor music for Fridays and Saturdays until 2am too? And you did this hours before the planning commission meeting?
I agree, totally good with that Fullerton Native. We would be cool with 11PM on the weekends too, just tough on weeknights.
Frazier, remember, not everyone works 9-5 M-F. Also, most of the events are on Sunday.
Jack B Nimble I am not involved with Roscoes in anyway, so it is not true.
It is true that Mr. Franklin tried to get more shows and it was turned down by the planning commission.
So if anyone is annoyed at anytime day or night you would have an issue?
Amazing! Sounds tough to please everybody all the time.
I think 9:00 pm is reasonable
9pm—-10pm—–1am !!!
It doesn’t matter when the noise starts or stops !
The reality of it is there is no good time for OUTDOOR amplified live entertainment on a regular basis. No matter when it is it will always negatively affect somebody, somewhere — adjacent businesses or people trying to get some sleep.
The obvious solution here is to allow acoustic ( NON AMPLIFIED )music outside and the loud amplified stuff only indoors !
Its soooo simple ….. Roscoes could be having acoustical performances, right now, every day and night on the patio and LOUD amplified performances inside the new Roscoes expansion every day and night !
No one would be hurt and everybody would be happy !
Why not ????
So we should stop the bands from playing at the Thursday Farmers Market?
That ends at 8:30 and goes on for about 1/2 the year.
Maybe a mime show instead of music? a rousing game of charades?
According to your logic that should be banned as well.
I went to a fund raiser Saturday in the Wilshire Plaza, for The Assistance League of Fullerton.
Had a rockin band that played to the gawd awful hour of 9:00 pm! Oh the horror, oh the humanity!
Move to leisure world and enjoy the silence
Reverend Shaw Moore has arrived in Fullerton!
“Even if this was not a law, which it is, I’m afraid I would have a lot of difficulty endorsing an enterprise which is as fraught with genuine peril as I believe this one to be. Besides the liquor and the drugs which always seem to accompany such an event the thing that distresses me even more, Ren, is the spiritual corruption that can be involved. These dances and this kind of music can be destructive, and, uh, Ren, I’m afraid you’re going to find most of the people in our community are gonna agree with me on this.”
Y’all take yourselves way too seriously on this website.
Fullerton Native,
My logic is :
The Fullerton Market is like a car show or the October Fest that is held in the SOCO area by Roscoe’s/Hereo’s. I don’t think anybody has a problem with those public events because they are in fact public events.
They are open to the public, have multiple vendors, you don’t have to be over 21 to attend, just to name a few differences between a public event and ongoing outside amplified bands in a privately owned bar for the sole promotion and profit of that said bar.
I think you are the one that puts them in the same category, not me….
Just because there is the Fullerton Market and a train conductor that toots his horn nearby doesn’t mean that every bar in town has the go ahead to have outside amplified noise all the time; that’s where this is headed because if Roscoe’s is allowed to do it, you cant discriminate against others who want to do it as well.
It’s like saying because there is the Fullerton Market, it’s OK for me to set up my Rockin -Roll band on the sidewalk in front of your house and play my loud music whenever I want to….
If your trying to sleep at 9.30 pm in your home or maybe trying to take a nap at noon on Sunday—- guess what—- You cant !!!
You don’t have the right to enjoy an expectation of quit enjoyment of your own property… ?
Maybe at that point you would move to leisure world for some peace and quiet eh ?
YesFullerton :
9pm—-10pm—–1am !!!
It doesn’t matter when the noise starts or stops !
The reality of it is there is no good time for OUTDOOR amplified live entertainment on a regular basis. No matter when it is it will always negatively affect somebody, somewhere — adjacent businesses or people trying to get some sleep.
Nice backpedaling Michael Jackson, but you wrote that there is NO GOOD TIME for outdoor amplified music. PERIOD. Nothing about public opposed to private.
Good try. The Fullerton Market is even in a worst location according to your logic as it is surrounded by apartments, less then 100 foot from the stage.
What about the Assistance League Fund Raiser? That was $50.00 per person and as about open to the public as any bar.
Cant have it both ways.
Remember this is only an experiment for a total of 8 events. After that the planning commission will ask for public comments. You should show up and have your voice heard. But it might be just easier to whine on the internet.
The “experiment” violates city law in bothe the spririt and the letter. Hasn’t that been made abundantly clear? Why is the City so eager to break its own laws for one guy, and will they be so kind as to publish a list of the laws they don’t intend to uphold for the benefit of everybody else.
The whole thing seems crooked, and frankly Franklyn is starting to come off pretty badly.
Fullerton Native,
I know it works best for you to now to compare the street fair to Roscoe’s famous beer bar, but it’s guaranteed if this is allowed there will be many more bars to follow with outdoor loud music.
—-Oh wait maybe it can just be OK for a Deli ? Roscoe’s was built to be just a Deli wasn’t it ?
How can you tell others no if Roscoe’s (a bar) is doing it ?
Then we will all be in agreement about the differences…..At least those who actually own property near downtown and are vested in the area.
Do you own near downtown ? Or do you just cruise down for a good time sometimes ?
I mean no sarcasm here Dude… But you got to realize that people are getting hurt and damaged here….
It’s Apples and Oranges. Its like a neighbor in your neighborhood that has an occasional Superbowl party to that guy that has a loud party every Friday, Saturday and Sunday night !
Its called the spirit of the law dude… Oh and also being courteous to your neighbors…?
Lets not forget that Roscoe’s asked for Fri and Sat night til 1am as well in their request the other night at planning…. It wasn’t just Sundays !
Does that prove anything to you ?
Or is it just a case of take all you can get and screw everybody else ?
If you don’t want to take my word for it, take a look at the video of planning commission on the city website…
I actually do live downtown, and I have a business just outside of downtown.
Just answer the question. Should we stop the music at the Fullerton market or the special events?
If any amplified music at anytime is bad according to your warped logic, then that is bad too. I think you are just being duplicitous.
So what if he asked about Friday or Saturday. It was turned down by the planning commission.
BTW, I don’t need to watch the video of the planning commission. I was there! Were you?
Again 8 events only, only to 9:00 pm. Dude!
8 EVENTS! ONLY! Then come and voice you opinion why that should be the end of it. I will be there, will you?
Fullerton Native, you really are missing the point. The city code says you can’t have amplified music in the C zone. The special event permit rules clearly indicate a single event – not 8 – even if you think 8 deserves the adverb “only.”
So why is Roscoes being given a get out of jail free card?
A special event permit should encompass amplified music with reasonable time limits; but it should only pertain to one event at a time. And the both the time constraints and the notification should also apply. In this case they did not.
So I ask again – why not? Somebody in City Hall is greasing this thing and some of us would like to know why.
Hey, if the bars can play music outside at night, does that mean churches can hold amplified services outside every Sunday morning? I think we can get this town rocking 24/7!
Hey Disneyland has a fireworks show !
Guess that means that I can have one to ?
Anybody know where I can buy some bottle rockets ?
Hey Firetrucks have sirens and get to go through red lights !
Guess that means I can do that to ?
Anybody know where I can buy a siren ?
Can I get a vendor booth and sell Churros at the Roscoe’s special events ?
That depends. Do cops like churros?
Here’s what: The application, staff report and agenda are relased to the public for review prior to the meeting. People review the info and decide if it requires their attention. Like you said, music until 9pm might not draw someones attention, but music until 1AM might GET A LOT OF ATTENTION.
With Jack (Franklin) being ‘such a good community member and neighbor’ why would he wait until the last minute to add the Fri/Sat out door bands until AM? The answer is that he wanted to fly under the radar and DECEIVE the community. That looks bad, self centered and, yes, deceitful.
You hit the nail on the head there, Jack, but really, the ongoing issue is not why Jack wants to take whatever he can get. The real issue is why is the City staff aiding and abetting him?
Are councilmembers intervening? Is it the City Manager? Both? Why no code enforcement? Why the stretching of the meaning of code language regarding “special events”? Why the disregard for the application and noticing rules? Why the ignoring of CEQA implications?
Something stinks here, and its not the barf on the sidewalk!
Is allowing public vendors a requirement for attaining a special event permit ? Can somebody read up on that ?
EDDIE QARTEL HATES ROSCOE’S AND THE TREATMENT HE RECEIVED THEIR BY THE TALL DIRTY BLONDE BAR MANAGER IN THE EXPANSION BAR WHERE THE BANDS PLAY (INDOORS). HE WAS AN ASSHOLE TO EDDIE QARTEL AND TURNED OFF THE JUKEBOX AFTER I PUT $10 INTO IT, CLAIMING THAT HE DIDN’T KNOW ANY BARS THAT LEFT THE JUKEBOX GO AFTER 1AM. WHY DON’T YOU PUT A SIGN UP NEXT TIME YOU FUCKING ASSHOLE. AND DON’T ASK ME WHERE I’M FROM BECAUSE IT LEADS ME TO BELIEVE YOU’RE A FUCKING RACIST. GO FUCK YOURSELVES ROSCOE’S I WILL ALWAYS ROOT FOR THE OTHER GUY, EVEN WHEN YOU MAY BE IN THE RIGHT. LEARN HOW TO TREAT YOUR CUSTOMERS AND CLEAN THE PUKE OUT OF HERO’S WHILE YOURE AT IT TOO.
EDDIE QARTEL SEZ FUCK YOU!
EDDIE QARTEL
HARDCOREST PR EVER
http://WWW.MYSPACE.COM/EDDIEQ
1.3 MILLION RECORDS SOLD IN 2009
$2.6 MILLION DOLLARS MADE IN 2010
TOP THAT NI66A
Eddie, I wrote Roscoe’s on Myspace. Even though they have not responded to anything I have written them in the past (which leads me to believe they don’t care about their customers) I wanted them to be aware of your comments and concerns regarding the “tall dirty blonde bar manager” there. Maybe they’ll can his ass or at least talk to him and set him straight before they lose anymore clients. I know a ton of people on Yelp that have complained also and the comments are always followed up with what looks like a fake review, saying they are great and the best lol.
Good luck Eddie Qartel.
THANKS RUSS, YOU ARE A KIND GENTLEMAN, AND I SINCERELY APPRECIATE YOUR TACT AND I’M SORRY FOR USING THE CRUDE LANGUAGE IN YOUR BLOGSITE, I WAS UPSET, I NEEDED TO DRINK SOME COGNAC AND SMOKE A FEW, THEN GET ONE OF MY RUCAS OVER HERE TO WORK ON MY BACK. IF YOU EVER NEED A NICE CUT OF BEEF OR A SPECIALTY CUT OF ANY SORT, DON’T FEEL BAD TO ASK, YOU ARE GOOD PERSON… AND YES, DON’T FEEL BAD ABOUT ROSCOE’S THAT’S JUST HOW SOME PLACES DO BUSINESS… TAKE CARE AND STAY RICH.
EDDIE QARTEL
HOW IS LIFE, RUSS? HOPE YOU ARE GOOD EH.
EDDIE QARTEL
HARDCOREST PR EVER
http://WWW.MYSPACE.COM/EDDIEQ
1.3 MILLION RECORDS SOLD IN 2009
$2.6 MILLION DOLLARS MADE IN 2010
TOP THAT NI66A