Agenda Report
Fullerton City Council
MEETING DATE: MARCH 21, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT PREPARED BY: EDGARDO CALDERA, SENIOR PLANNER
SUBJECT: CITY OF FULLERTON NOISE REGULATIONS AND STANDARDS
SUMMARY
A discussion to consider amending Fullerton Municipal Code (FMC) Chapter 15.90 (Noise Standards and Regulations) and Chapter 3.08 (Entertainment) to create a new Downtown Noise Zone.
RECOMMENDATION
Staff requests City Council policy direction regarding noise standards and regulations.
CITY MANAGER REMARKS
City Council requested an Ordinance amendment be initiated. The Planning staff expedited this review above other priorities based on City Council direction. In reviewing other Ordinances, it is my understanding that there is a range but that generally they are in line with the proposed amendments prior. I understand there are cities with stricter ordinances, but they are considering doing possible amendments also.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Public Safety.
FISCAL IMPACT
None currently.
DISCUSSION
Background
Both the Planning Commission and City Council have considered amendments to the City’s noise standards on multiple occasions. City Council approved a Resolution of Intention to amend the Municipal Code pertaining to noise in 2014 (Resolution No. 2014-58). Matthew Jones, an acoustical engineer from Landrum & Brown presented an in-depth review of the principles of sound generation, sound measurement and perception of sound to City Council on August 19, 2014. Staff provided several recommendations as to how the City could amend the FMC to better regulate noise within the Downtown based on regulations in other cities and sound level measurements taken at that time. City Council provided consensus to keep the existing ordinance in place and directed staff to provide options for more effective enforcement at the September 16, 2014 meeting.
Staff provided City Council with a Resolution of Intention (Resolution No. 2014-58) on September 16, 2014 to consider amendments to the FMC pertaining to noise regulation and a draft ordinance reflecting City Council from the August 19, 2014 meeting. City Council voted 3 – 2 (No: Whitaker, Sebourn) to approve the resolution of intention, with direction to the Planning Commission that City Council did not favor allowing outdoor amplified music.
City Council adopted Resolution No. 2018-31 on June 5, 2018, stating its intention to consider amendments to the FMC updating development and operational standards, processes and enforcement tools for businesses selling alcohol for on-site consumption and offering entertainment. City Council approved amendments to Titles 15 and 3 of the FMC relating to businesses selling alcohol and entertainment permits on April 16, 2019. However, this action did not include a Resolution amending Chapter 15.90 (Noise Standards).
The Planning Commission held a public hearing on September 30, 2020 regarding the proposed amendments to Chapter 15.90 for noise. The Planning Commission voted to continue action on this item to the October 28, 2020 meeting. The recommendation to continue the item allowed Commissioners time to experience the noise levels generated downtown on nights and weekends and better inform their recommendation on the amendment. Planning Commission recommended the City Council approve amending the Ordinance on October 28, 2020 by a 3 – 2 vote (No: Carvalho, Cox). City Council considered the ordinance with amendments on November 17, 2020 (Attachment 2).
The appellant for a Conditional Use Permit (CUP) appeal expressed concerns regarding a restaurant creating excess noise during a December 6, 2022 public hearing. Council Members Dunlap and Silva requested staff bring back the noise ordinance discussion to City Council by March 2023.
Policy Direction
The City has continued to see a strong interest in restaurant business investment and downtown continues as a regional destination for dining and nightlife due to its historic character and range of dining and entertainment options. Staff has conducted a preliminary review of noise regulations and standards from cities with comparable downtown uses to ensure Downtown Fullerton continues to provide an attractive place for business investment and a safe and inviting place for residents. Staff found that the proposed noise standards and regulations in the ordinance recommended for approval by the Planning Commission generally follow noise ordinances in other cities with similar uses and downtowns. Staff believes the City has opportunities to improve standards and regulations as they pertain to noise in the Downtown. However, staff requests input and guidance from the City Council on priorities to consider when drafting amendments on the following key components of the noise ordinance, given the extensive background that has played out in the City on the subject:
Should the City create a specific noise ordinance for downtown only or should it include Citywide commercial zoning? Recognizing the unique characteristics of Downtown, the previously proposed ordinance only created a Downtown Noise Zone.
Various approved establishments throughout the City operate similarly to restaurants and bars in the Downtown.
Should the permitted noise levels account for outdoor entertainment? A 2009 noise study looking at sound levels produced by live bands performing outdoors and the Acoustical Consultant recommended a maximum permitted sound level of 85dB(A).
The previously proposed noise ordinance is consistent with the noise study recommendation and would allow for some outdoor entertainment.
Noise ordinance should complement existing approved Conditional Use Permits that permit entertainment (e.g., amplified music / live band / DJ).
What hours should the City allow for increased noise levels? Review of noise ordinances from other cities with comparable downtown uses found that hours permitting increased noise levels range between 6:00 p.m. and 1:30 a.m.
The previously proposed ordinance increased the level of permitted sound to accommodate downtown nightlife (restaurants and bars) between 7:00 p.m. and 1:30 a.m.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – November 17, 2020, City Council Agenda Report cc: City Manager Eric J. Levitt
Noise Regulations and Standards
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