The East Village residents who have argued for years that concerts in Gallagher Square (located outside of Petco Park) are too loud were dealt a near-defeat in Superior Court on November 6.
In a tentative ruling, Judge Carolyn M. Caietti denied the Residents Concerned About Gallagher Square Noise claim that the San Diego Padres violated the city’s noise ordinance and the city failed to enforce it.
As is fairly standard in writ claims, the judge issued her temporary ruling and allowed both sides to make final oral arguments.
The city and the Padres both argued in court on November 6 that the time had long past for complaints about sound mitigation. In 1999 and 2003, before construction of Petco Park was completed, studies were done that concluded concerts held in Petco Park must measure 95 decibels at the sound board. At that level, the noise that would reach nearby condos building would be diffused and be in compliance with the city’s noise ordinance.
Attorneys for the residents group countered that the original 1999 Environmental Impact Report was focused on concerts held inside Petco Park, not outside the ballpark confines in Gallagher Square (formerly called The Park at the Park). They argued that even if the decibel level at the Gallagher Square sound board measured 95 decibels the noise was now emanating from a source closer to residences, was less diffuse and not in compliance with city code.
The city and the Padres attorneys maintained that the original EIR offered blanket coverage of concerts inside Petco Park and outside the ballpark at what was formerly called The Park at the Park.
After hearing follow-up oral arguments, Judge Caietti ruled she would “take it under submission,” meaning she would render a final decision at a later date. A ruling is expected next week.
The San Diego Sun has covered this case for three years. For a detailed look at a timeline of the case and construction of the ballpark, go to Gallagher Square Concerts. SDSun
