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Agoura Hills council orders staff to prepare revocation resolution after years of noise complaints at dyno shop

2148539 · January 23, 2025
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Summary

After a lengthy public hearing, the Agoura Hills City Council directed staff to return with a resolution to revoke the business license for New Era Performance and Tuning LLC, citing repeated noise measurements and neighbor testimony that the shop’s dynamometer operations exceed city limits.

The Agoura Hills City Council on Jan. 22 directed city staff to prepare a resolution revoking business license number 006982 for New Era Performance and Tuning LLC after an extended public hearing about noise from the company’s dynamometer operations.

City prosecutor Eric Marcus told the council the city’s acoustical consultant measured repeated noise events attributed to the shop’s dynamometer “in excess of those permitted by the city,” and that the municipality’s noise ordinance treats persistent code violations as a public nuisance. The council voted 5-0 to have staff return with a revocation resolution for consideration at a future meeting.

Neighbors and business owners who share the small commercial complex told the council the dyno noise interferes with day-to-day operations and causes headaches, anxiety and lost business. “It’s a particular sound that…just mentally stop[s],” said business owner Diane Ricci, who said music recording clients had been disturbed during sessions. Nearby business owners offered similar testimony about interruptions and client complaints.

City-hired acoustician Robert Wu testified that his team recorded multiple distinct dyno events during continuous monitoring and that many of those events measured above the city’s daytime limit for commercial areas. His report identified 15 dyno runs in the monitoring period; roughly two-thirds exceeded the city’s 65 dBA daytime threshold, and several peak readings reached the 70s and 80s dBA range. Wu told the council his team reviewed the audio recordings to confirm which events were attributable to the dyno versus other ambient sources.

Owner Alexander Esparza disputed some aspects of the evidence and offered documentation showing he bought and installed an insulated garage door and that on some in-person tests while the door was closed his shop’s readings were below the city standard. Esparza told the council he is willing to try to coordinate scheduling with neighbors and adjust operations: “I am willing to work with the businesses,” he said, but added he could not accept an order that prevented him from operating on ordinary workdays.

City staff and the prosecutor said the municipal code gives council authority to revoke a business license where operations constitute a public nuisance and the operator has failed to cure objectionable conditions after notice. The city cited Agoura Hills Municipal Code sections 6819 (license revocation), 9305 (noise limits), and 1200 (nuisance declaration) in its presentation.

Council members said they were sympathetic to both the neighboring businesses’ testimony about repeated disruptions and to Esparza’s position as a small-business owner. After extended deliberation, a majority agreed the record supported a finding that the dyno operations have exceeded the city ordinance and that the next step should be a formal revocation resolution drafted by staff for council action. Council voted 5-0 to direct staff to prepare the revocation resolution and return it for consideration at a future meeting, with the council asking staff to bring the item back on the Feb. 12 council agenda.

Mayor Pro Tem Wolf made the motion to direct staff; Council Member Anderson seconded. The vote on the direction to staff was 5-0 in favor of preparing a revocation resolution.

The council’s action instructs staff and counsel to draft findings and a revocation resolution; it does not itself immediately revoke the license. The resolution will return to council for formal adoption and to set an effective date or any compliance steps the council requires.

The council also heard additional neighbor testimony and received a technical presentation summarizing the acoustical measurements and methodology. City staff indicated they will include evidence, suggested findings and enforcement language in the resolution packet for the Feb. 12 meeting.

If the council adopts a revocation resolution, the effect on the business and any timeline for vacating the premises will be set in that resolution. Staff advised the council that a delayed effective date is possible but that the city would retain enforcement tools if violations continued during any interim period.