City Council - Successor Agency - Housing Authority
February 6, 2024

THE EDUCATION COMMUNITY
303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6598 · Fax (714) 738-3110 · Website: www.cityoffullerton.com

CITY OF FULLERTON
_______________________________________________________________________________________________________________________________________________ Community and Economic Development Department

Item No. 3
November 8, 2023
6:30 p.m.

TO: Chair Mansuri and
Members of the Planning Commission

APPLICATION

LRP-2020-0014

APPLICANT

City of Fullerton

SUMMARY OF REQUEST

Zoning Ordinance Amendment to a mend Chapter 15.90 (Noise Standards and Regulation) and Chapter 3.08 (Entertainment) of the Fullerton Municipal Code (FMC) pertaining to noise standards and regulations.

AUTHORIZATION

The City Council adopted Resolution No. 2018-31 on June 5, 2018, stating its intention to consider amendments to the Fullerton Municipal Code updating development and operational standards, processes and enforcement tools for businesses selling alcohol for on -site consumption and offering entertainment. The City Council had previously approved a Resolution of Intention to amend the Municipal Code pertaining to noise in 2014 (Resolution No. 2014-58).

Fullerton Municipal Code Sections 15.72.040 and 15.72.050 authorize the Planning Commission to hold a Public Hearing to consider an amendment to FMC Title 15 and make a recommendation to the City Council based on findings that the proposed amendment is consistent with the goals and objectives of the Zoning Ordinance and the General Plan.

PUBLIC OUTREACH

Notice was published in the Fullerton News Tribune on October 26, 2023. The notice was also emailed to business owners in the City on October 30, 2023.

On March 21, 2023, staff had a Study Session with City Council to consider amending FMC Chapter 15.90 (Noise Standards and Regulations) and Chapter 3.08 (Entertainment) . This meeting was a Public Hearing.

On June 14, 2023, an in-person Community Meeting was held at the Fullerton Community Center to conduct a community discussion on what important items should be incorporated into the Noise Ordinance with options that meet the needs of both residents as well as business owners and Planning Commission Staff Report – Zoning Code Amendment – Noise Regulations November 8, 2023

Item No. 3 Page 2 LRP-2020-0014
stakeholders. The meeting and same discussion was also conducted as a virtual/call-in meeting on June 15, 2023 (Attachment 3).

PROJECT BACKGROUND

Both the Planning Commission and City Council have considered amendments to the City’s noise standards on multiple occasions since 2014 to enhance enforcement and operational standards and processes for indoor and outdoor commercial noise regulations.

The current version of the City’s Noise Ordinance imposes exterior noise level limits of 55 dBA between 7:00 a.m. and 10:00 p.m. and 50 dBA between 10:00 p.m. and 7:00 a.m. These limits are not only incompatible with businesses with entertainment , but they exceed the measured background sound levels in t he Downtown area and commercial zones . The average hourly background levels (L
eq) measured in and around the Central Business District Commercial (C-3) and General Commercial (G-C) zones is 65 dBA. Current maximum allowable sound levels are at 55 dBA per FMC 15.90, which is essentially unenforceable based on standard operation noise levels.

The Fullerton Plan (General Plan) identified this discrepancy in 2012 and included a short -term action item within the implementation section of the Fullerton General Plan to resolve this issue.

Importantly, outside of the Downtown Noise Zone, outdoor music/entertainment, excluding ambient music, would continue to be prohibited.

2009
In 2009, Roscoe’s Famous Deli requested a permit to offer outdoor entertainment within their rear patio area. As part of that request, the City hired BonTerra Consulting to provide an acoustical evaluation of the Downtown noise environment. The result of the 2009 noise analysis was that the Planning Commission and City Council voted to retain the existing noise standards and took no action on the request from Roscoe’s.

2014
On March 26, 2014, the Planning Commission held a P ublic Hearing to consider a Conditional Use Permit (CUP) request for a waiver of F MC Section 15.30.040.I.c.ii to allow amplified music within an outdoor patio of an existing restaurant on West Wilshire Avenue. Without making a determination on the CUP request, the Planning Commission requested policy direction from the City Council regarding outdoor entertainment within the Downtown.

At that time, the Municipal Code allowed a business to apply for a CUP to have outdoor entertainment, but there were no specific standards or criteria by which to analyze these requests beyond the noise level restrictions that were contained in Chapter 15.90 which limits noise levels to a maximum of 50 decibels after 10:00 p.m., well below the level that would result from any type of outdoor entertainment. The City Council recommendation to staff at that time was to propose an alternative approach to regulate outdoor entertainment/noise in the Downtown by hiring an acoustical consultant to take initial sound measurements and make recommendations based on other cities which allow outdoor entertainment.

At the City Council meeting on August 19, 2014, 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 the City Council. Accompanying the presentation were several recommendations as to how the City could amend the FMC to better regulate noise within the Downtown based on regulations used by other cities and sound level measurements taken at Planning Commission Staff Report – Zoning Code Amendment – Noise Regulations November 8, 2023

Item No. 3 Page 3 LRP-2020-0014
that time. Following the presentation and public testimony, the City Council provided consensus to keep the existing O rdinance in place and directed staff to provide options for more effective enforcement at the meeting on September 16, 2014.

On September 16, 2014, City staff provided the City Council with a Resolution of Intent ion (Resolution No. 2014-58) to consider amendments to the FMC pertaining to noise regulation and a draft Ordinance which attempted to reflect the previous direction received from the City Council in August. Following a presentation by staff and public comment, the City Council voted (3-2, No:

Whittaker, Sebourn) to approve the Resolution of Intention, with direction to the Planning Commission that the City Council was not in favor of allowing outdoor amplified music.

At its meeting on December 4, 2014, the Planning Commission continued the CUP request from the business owner on West Wilshire Avenue to a date uncertain and took no further action on this amendment. The applicant on Wilshire Avenue ultimately withdrew the request for a CUP to allow outdoor entertainment and no further actions were taken by City staff on this issue.

2018-2019
On November 28, 2018, the Planning Commission held a Public Hearing to consider amendments to the FMC pertaining to the regulation of businesses serving alcohol and offering entertainment.

These amendments, collectively referred to as part of the Downtown Game Plan, was an effort to revise several chapters of the FMC to update standards, processes, conditions of approval and operational standards pertaining to businesses which serve alcohol and/or offer entertainment which had not been comprehensively amended since 2009. Following a presentation by staff, testimony from the public and questions from the Commission, the Planning Commission voted to continue their determination on this item for three months. This time allowed staff to continue to refine the proposed regulations and conduct additional outreach.

On February 27, 2019, the Planning Commission revised the proposed C ode amendments and recommended approval of the amendments to Titles 3 and 15 pertaining to regulation of alcohol establishments and entertainment but did not recommend moving forward the amendm ents to Chapter 15.90 (Noise Standards and Regulation). The public notice that was released for these amendments did not specifically reference amendments to Chapter 15.90, and out of an abundance of caution, no action was taken on that aspect.

In April 2019 the City Council approved amendments to Titles 15 and 3 of the FMC as it relates to businesses selling alcohol and entertainment permits, except Chapter 15.90. A new Downtown Code Enforcement Officer was also approved and increased coordination with the Police Department to enforce and streamline entertainment permit processes.

2020 Noise Ordinance Recommendation
At its meeting on September 30, 2020, the Planning Commission held a P ublic Hearing to consider proposed amendments to Chapter 15.90 regarding noise regulations. Following a presentation by City s taff and public comments, the Planning Commission voted to c ontinue action on this item to the October 28, 2020, meeting. The recommendation to continue the item was to allow Commissioners time to experience the current noise levels being generated Downtown on nights and weekends to better inform their recommendation on the amendment.

At its meeting on October 28, 2020, the Planning Commission recommended that the City Council approve the Ordinance Amendment (3-2; No: Carvalho and Cox) with amendments which were incorporated into the proposed Ordinance that went to the City Council for consideration on Planning Commission Staff Report – Zoning Code Amendment – Noise Regulations November 8, 2023

Item No. 3 Page 4 LRP-2020-0014
November 17, 2020 ; however, during the November 17, 2020, City Council meeting, the item was tabled, and no further action was taken.

Downtown Code Enforcement
It is also important to note that in May 2019 a dedicated Code Enforcement Officer was assigned to the Downtown District to enforce regulations relating to entitlements for D owntown establishments to ensure all businesses were operating in compliance with all City codes and standards. At the time, multiple businesses were operating out of compliance which included producing excessive noise through indoor and unpermitted outdoor entertainment which led to Code Enforcement and Police Department complaints. The initiation of the Downtown dedicated Code Enforcement Officer along with increased coordination with the Police Department has provided effective enforcement and significantly reduced the number of complaints and businesses operating out of compliance Downtown. Despite this, the inherent conflict between the maximum noise levels, noise from standard business operations and maintaining quality of life for residents is still unresolved.

2023
City Council Direction
At the end of 2022, staff was requested by Council to bring back the Noise Ordinance discussions for consideration. On March 21, 2023, staff brought the item back to the City Council as a Study Session to consider amending FMC Chapter 15.90 (Noise Standards and Regulations) and Chapter 3.08 (Entertainment). Staff requested policy direction from the City Council regarding noise standards and regulations. This included whether the Noise Ordinance amendments should include Downtown only or C itywide, whether t he City Council would entertain outdoor entertainment and during what hours. Following a staff presentation and public comment, the City Council directed staff to explore a C itywide Noise Ordinance for Downtown and all commercial corridors in the C ity and that the revised Noise Ordinance should include allowing limited outdoor entertainment.

Community Outreach
Two Community Meetings were held in spring 2023 to give residents, business owners and stakeholders an opportunity to discuss what important items should be incorporated into the Noise Ordinance. An in-person meeting was held at the Fullerton Community Center on June 14, 2023, and a virtual/call-in meeting on June 15, 2023. As part of the Community Meetings, attendees filled out a survey which was also posted on social media to better understand the priorities of residents and business es and gauge public support as it relates to amending the Noise Ordinance.

Through the community outreach process, it was found that there is strong support from businesses and residents to update commercial noise standards. It was also found that there was strong support to include standards in the Ordinance that would allow limited outdoor entertainment.

Staff has taken public and business owner comments into consideration including, but not limited to, outdoor entertainment hours of operation, preserving quality of life for residents, enforceable standards for enforcement, loading and unloading hours surrounding residential properties and more.

Planning Commission Staff Report – Zoning Code Amendment – Noise Regulations November 8, 2023

Item No. 3 Page 5 LRP-2020-0014

PROPOSED AMENDMENTS AND REGULATIONS

To ensure that Downtown Fullerton and other commercial areas of the City continue to be an attractive place for business investment and a safe and inviting place for residents, staff has proposed the following amendments to provide an enforceable balance between the needs of the business operations and quality of life for residents.

The proposed amendments are the culmination of data gathering, consultation with acoustical professionals, review of noise related complaints and outreach to the public including business owners and residents Citywide.

Chapter 15.90 (Noise Standards and Regulation)
The proposed amendments to Chapter 15.90 include, but are not limited to, changes to the definitions, standards, permitted deviations, exclusions and enforcement . Amendments also include provisions for garbage collection hours and delivery hours in commercial zones. The changes would apply to the Central Business District Commercial (C -3) zone and General Commercial (G -C) zone. These zones are applicable because the C- 3 zone is a highly concentrated business district that includes mixed residential and commercial use, primarily in the Downtown area and the G-C zone provides a wide range of commercial goods and services.

The City hired an acoustical engineering consultant, Dudek, to conduct a Citywide noise study and noise monitoring program that included on site monitoring at various commercial locations Citywide. The consultants also reviewed our current version of the City’s Noise Ordinance and confirmed that it imposes unenforceable and incompatible restrictions with exterior noise level limits of 55 dBA between 7:00 a .m. and 10:00 p.m. and 50 dBA between 10:00 p.m. and 7:00 a.m. As a result of the study, the average hourly background levels (L eq) measured in and around
the C-3 and G-C zones were 65 dBA during the peak entertainment hours of 5:00 p.m. to midnight, while the average hourly L25 value period was 64 dBA and the average hourly L5 value was 67 dBA during the same time period. (see Attachment 2, Table 3).

It was also determined that the noise restrictions will be based on L max value, which represents
the maximum sound level that can be permitted. The new Lmax standard would be measured 50 feet from the property line of the establishment, which is generating the sound, not at the sound source (e.g., the speaker). The distance of 50 feet is the typical width of a street and generally where the closest residences are from establishments with outdoor entertainment. The recommendation provided is also based on measured background sound levels, measured sound levels with live outdoor bands and considering that the current conditions have generated minimal complaints from residents. In addition, the amendments include establishing a curfew time of 10:00 p.m. each night for outdoor entertainment.

The Lmax values are also specified for hours of the day to preserve and protect daytime office, retail and service businesses from potential negative noise related impacts during the day (7:00 a.m. to 5:00 p.m.), and then increases the level of permitted sound after 5:00 p.m. to 12:00 a.m. to accommodate the Downtown nightlife (restaurants/bars) that have music and other entertainment (see Table 1 – below). The permitted noise levels are then reduced starting at 12:00 a.m. to 1:30 a.m. as nighttime businesses begin to close. The lowered limits between 12:00 a.m. and 1:30 a .m. are also due to outdoor entertainment being curtailed and heightened sensitivities at residential properties at those times. The L max value between 1:30 a.m. to 7:00
a.m. is greatly reduced recognizing the ambient sound levels during these hours are typically very low which increases the distance and negative impacts that increased sound levels would generate.

Planning Commission Staff Report – Zoning Code Amendment – Noise Regulations November 8, 2023

Item No. 3 Page 6 LRP-2020-0014

Table 1 – Commercial Zone Time/Decibel Restrictions
Hours
(Monday – Sunday) Lmax
7:00 a.m. - 5:00 p.m. 65 dBA
5:00 p.m. - 12:00 a.m.* 75 dBA
12:00 a.m. – 1:30 a.m. 65 dBA
1:30 a.m. - 7:00 a.m.** 55 dBA

*A limit of 75 dBA 50 feet from the property line of a commercial property. **Or ambient noise level, whichever is less.

Outdoor Entertainment
Entertainment (Outdoor) is any “entertainment” which occurs outside of a fully enclosed building.

This could include live musical performances, disc jockey or any other amplified or reproduce d music which is played at a volume above what is defined as Ambient Noise. The amendments to

15.90 and 3.08 would permit Entertainment (Outdoor) in the C-3 and G -C zones, subject to a Conditional Use Permit (CUP), the proposed sound level restrictions contained in Chapter 15.90 and limited to 5:00 p.m. -10:00 p.m. Monday through Sunday. Should a business wish to host an event which will include outdoor entertainment which will exceed the sound level restrictions in Chapter 15.90, they will be required to obtain a Special Event Permit, subject to FMC Chapter

15.58 to allow for additional review by City staff to ensure that appropriate measures are taken to minimize negative impacts that may be associated with the event on surrounding properties.

These special events often correspond to a holiday or other special event and would not occur on a regular or recurring basis.

The provisions of the proposed Code amendments, if adopted, will be applicable to all businesses with an existing Entertainment Permit from the effective date of the proposed Ordinance. Businesses with existing Entertainment Permits within the C- 3 and G-C zones that were specifically prohibited from having outdoor entertainment may petition to have that condition removed by the Police Department after revisions to their conditions of approval in their CUP is approved by the Planning Commission.

Properties Outside of the C-3 and G-C Zones
All properties located outside of the C-3 and G-C zones will continue to be subject to the current noise level standards contained in Chapter 15.90 of the FMC. This includes the noise level standards, measurement time periods and methodology by which noise levels are measured.

Enforcement
Recognizing that t he main key to an effective Noise Ordinance is the ease of enforcement, compliance of noise limits would be measured at a distance of 50 feet from the property line of the business where the source of interest is located. As an alternative for enforcement officials, this translates to a limit of 80 dBA at the property line of the business where the source of interest is located or at a distance of 25 feet from the source of interest, whichever is greater.

Further, all limits are in terms of maximum instantaneous (Lmax) levels for ease of enforcement as opposed to measuring various intervals with different Leq levels which is more cumbersome and Planning Commission Staff Report – Zoning Code Amendment – Noise Regulations November 8, 2023

Item No. 3 Page 7 LRP-2020-0014
allows for user error and misinterpretation of sound level meter results. Using Lmax levels would allow an enforcement officer to determine whether or not the stipulations in the Ordinance are being violated with simple noise detecting equipment.

Enforcement Equipment
The other proposed amendments to Chapter 15.90 will clarify the type of noise detecting equipment that can be used to determine compliance with the noise standards to account for improved noise detecting technology that is now commercially available. The proposed amendments to noise measurement technology will apply to all properties both inside and outside of the C-3 and G-C Zones.

Fullerton Transportation Center
It is also important to note that the Fullerton Transportation Center Specific Plan (FTCSP) contains noise standards which are separate from the standards contained in Chapter 15.90 of the FMC. Any amendments to Chapter 15.90 will not be applicable to properties within the FTCSP area, which will continue to be subject to the noise standards contained in that document. An amendment to the noise standards within the FTCSP will require an amendment to the Specific Plan, which would require a separate action by the Planning Commission and City Council and require California Environmental Quality Act ( CEQA) analysis pertaining to a Specific Plan Amendment.

The amendments, however, are generally in line with the existing Exterior Noise Levels i n the FTCSP which creates consistency throughout Downtown commercial areas for predictability and enforcement. These amendments would address a long-standing disconnect between the typical operating noise levels at restaurants/bars and the City’s adopted Noise Ordinance.

ANALYSIS

The City retained the services of an acoustical engineering consultant, Dudek, that specialized in noise regulations to conduct a noise study which included a Noise Monitoring Program that monitored noise levels in the Downtown as well as other commercial corridors in the City. As a result of this work, a memorandum outlining the results of the noise study was prepared which included a recommendation for updating the FMC (Attachment 2).

There are a number of Downtown businesses that currently conduct outdoor music/entertainment that exceeds the maximum allowable sound levels as per FMC Chapter 15.90. In some cases, there are businesses with indoor speaker systems that exceed ambient noise level standards because of open windows and doors. As with the previously approved FMC amendments, the proposed changes are intended to provide regulations which balance the needs of the business operators with the expectations of nearby uses.

The proposed amendment s incorporate concepts and recommendations from the noise study prepared by Dudek while recognizing the unique environment of Downtown Fullerton and the mix of residential and commercial uses in the C-3 zone and acknowledges the increased sound levels in commercial zones. Increased levels of sound would be permitted during evening hours of 5:00 p.m. to 12:00 a.m. within both commercial zones.

The current version of the City’s Noise Ordinance imposes exterior noise level limits of 55 dBA between 7:00 a.m. and 10:00 p.m. and 50 dBA between 10:00 p.m. and 7:00 a.m. These limits are not only incompatible with outdoor entertainment at 50 feet, but they exceed the measured background sound levels in the Downtown area. The average hourly background levels (L eq)

RESOLUTION NO. PC-2023-26

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FULLERTON, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND FULLERTON MUNICIPAL CODE CHAPTER 15.90 AND 3.08 AS IT PERTAINS TO NOISE STANDARDS FOR PROPERTIES ZONED C-3
(CENTRAL BUSINESS DISTRICT , COMMERCIAL) AND G -C (GENERAL

COMMERCIAL) AND OTHER RELATED NOISE PROVISIONS WITHIN THE CODE

LRP-2020-0014
APPLICANT: CITY OF FULLERTON
RECITALS:

WHEREAS pursuant to FMC Section 15.72.020B the City Council of the City of Fullerton adopted a Resolution of Intention on June 5, 2018 authorizing a Zoning Ordinance amendment to revise various chapters of Title 15 of the Fullerton Municipal Code; and

WHEREAS the Planning Commission of the City of Fullerton has held a duly noticed public hearing, as required by law, for LRP-2020-0014, to consider amendments to Title 15 and 3 of the Fullerton Municipal Code to update noise standards and measurement processes related to noise; and

WHEREAS the proposed Zoning Amendment will allow increased sound level standards during specified times for properties within the C -3 and G-C zone to account for the increased noise generating activities that occur in the Downtown and properties in commercial corridors ; and

WHEREAS the proposed Zoning Amendment acknowledges increased noise levels within the C-3 & G-C zone while continuing to protect adjacent neighborhoods from impacts related to noise; and

WHEREAS the proposed amendments are Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

RESOLUTION

The Planning Commission finds as follows:

Finding 1: The proposed Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance and General Plan.

Fact: The amendment is authorized by FMC Chapter 15.72. In addition, the City Council adopted a Resolution of Intention on June 5, 2018, to update the Municipal Code stating its intention to consider amendments to the Fullerton Municipal Code (FMC).

Fact: This amendment is consistent with multiple General Plan policies, including the following:

Resolution No. PC-2023-26

P1.11 Compatibility of Design and Uses Support policies and regulations to consider the immediate and surrounding contexts of projects to promote positive design relationships and use compatibility with adjacent built environments and land uses, including the public realm.

P8.3 Consideration of Noise in Land Use Decisions: Support policies and regulations which ensure noise- compatible land use planning recognizi ng the relative importance of noise sources in order of community impact, the local attitudes towards these sources, and the suburban or urban characteristics of the environment, while identifying noise sensitive uses.

P10.16 Economic Strategies in Focus Areas Support policies and regulations pertaining to planning efforts for the City’s Focus Areas that facilitate investment and encourage economic activity that benefits the Fullerton community and the City.

Fact: The Fullerton Plan Implementation Strategy, Short Term action plan Item 8.1 – “Update the City’s Noise Ordinance to comply with the policies of the Fullerton Plan and to address noise issues in the community”

Finding 2: The proposed Zoning Ordinance amendment promotes the public health, safety and welfare of the community.

Fact: The proposed amendment to Title 15 will promote the public health, safety and welfare by providing clear and enforceable standards for noise levels within the boundaries of C-3 and G-C zones while maintaining current noise level restrictions for all properties outside of these zones.

THEREFORE, the Planning Commission of the City of Fullerton does hereby recommend APPROVAL of said modifications to Fullerton Municipal Code Title 15 and Title 3 as follows:

Chapter 15.90 and 3.08 is hereby amended as follows:

Chapter 15.90

NOISE STANDARDS AND REGULATION
Sections:

15.90.010. Intent and purpose.

15.90.020. Definitions.

15.90.030. Noise standards.

15.90.040. Activities exempt from standards.

15.90.050. Activities with special provisions.

15.90.060. Noise level measurement.

15.90.070. Enforcement.

15.90.080. Appeal.

15.90.010. Intent and purpose.

A. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it shall be the policy of the city to prohibit such sounds generated from all sources as specified in this chapter except that noise regulated by any penal statute or ordinance and those activities that have been preempted by state or federal law.

Resolution No. PC-2023-26

B. Specified noise levels have been determined to be detrimental to the public health, welfare and safety and contrary to public interest; therefore, creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by or not in conformity with the provisions of this chapter is a public nuisance and shall be punishable as such. (Ord. 2982, 2001)

15.90.020. Definitions.

A. Whenever used in this chapter, the following words, phrases and terms shall have the meaning as indicated below:

AMBIENT NOISE LEVEL means the composite of noise from all sources near and far the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

C-3 ZONE means the zoning applied to a defined area specifically described as Central Business District Commercial in Fullerton Municipal Code Section 15.30.020.C.

CUMULATIVE PERIOD means an additive period of time composed of individual time segments that may be continuous or interrupted.

DECIBEL (dB) means a unit that denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of 2 amounts of power is 10 times the logarithm to the base 10 of this ratio.

EMERGENCY MACHINERY, VEHICLE OR WORK means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

EQUIVALENT CONTINUOUS SOUND PRESSURE LEVEL (LEQ) means the average sound level over the period of the measurement.

FIXED NOISE SOURCE means a stationary device that creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

G-C ZONE means the zoning applied to a defined area specifically described as General Commercial in Fullerton Municipal Code Section 15.30.020.C.

GRADING means any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon.

IMPACT NOISE means the noise produced by the collision of one mass in motion with a second mass that may be either in motion or at rest.

MAXIMUM SOUND LEVEL (Lmax) means the highest level measured during a single noise event or period.

Resolution No. PC-2023-26

MOBILE NOISE SOURCE shall mean any noise source that is not stationary, including but not limited to motorized vehicles, trains, and aircraft. Means any noise source other than a fixed noise source.

NOISE LEVEL means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micro-newtons per square meter. The unit of measurement shall be designated as dB(A).

PERSON means a person, firm, association, co-partnership, joint venture, corporation of any entity, public or private in nature.

PUBLIC PROPERTY means any real property or structures thereon which are owned or controlled by a governmental entity. This also includes any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

RESIDENTIAL PROPERTY means a parcel of real property that is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

SIMPLE TONE NOISE means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

SOUND PRESSURE LEVEL of a sound, in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

B. A NOISE ZONE is defined as an area of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels) where a specific set of standards has been established for allowable interior and exterior noise levels. Typically, most sites within any given noise zone will be of comparable proximity to major noise sources. where a specific set of standards has been established for allowable interior and exterior noise levels.

1. A RESIDENTIAL NOISE ZONE includes all properties with a residential zone classification, whether incorporated or unincorporated.

2. A COMMERCIAL NOISE ZONE includes all properties with a commercial or public land use zone classification, whether incorporated or unincorporated.

3. An INDUSTRIAL NOISE ZONE includes all properties with an industrial zone classification, whether incorporated or unincorporated. (Ord. 2982, 2001)

15.90.030. Noise standards.

A. The following noise standards, unless otherwise specifically indicated, shall apply to all property within the Residential Noise Zone:

Allowable Interior
Noise Level Time Period
Not to exceed 55 dB(A) 7:00 a.m. - 10:00 p.m.

Resolution No. PC-2023-26

Not to exceed 45 dB(A) 10:00 p.m. - 7:00 a.m.

Allowable Exterior
Noise Level Time Period
Not to exceed 55 dB(A) 7:00 a.m. - 10:00 p.m.

Not to exceed 50 dB(A) 10:00 p.m. - 7:00 a.m.

A. The following noise standards, unless otherwise specifically indicated, shall apply to all property within the Residential Noise Zone:

Day of the week Hours Max dB(A) at affected
property (interior)
Max dB(A) at affected
property (exterior)
Monday - Sunday 7:00 a.m.-10:00 p.m. 55 dB(A)* 55 dB(A)* Monday - Sunday 10:00 p.m.-7:00 a.m. 45 dB(A)* 50 dB(A)* * In the event the ambient noise level exceeds the noise limit categories listed, the cumulative period applicable to the category shall be increased to reflect the ambient noise level.

B. The following noise standards, unless otherwise specifically indicated, shall apply to all property zoned C-3 and G-C:

Hours
(Monday – Sunday)
Maximum Sound Level*
Lmax
7:00 a.m. - 5:00 p.m. 65 dB(A)
5:00 p.m. - 12:00 a.m. 75 dB(A)
12:00 a.m. - 1:30 a.m. 65 dB(A)
1:30 a.m. - 7:00 a.m.* 55 dB(A)
* Or ambient noise level, whichever is less.

C. Noise standards for a sensitive use:

1. A "sensitive use" for the purpose of this chapter means any private or public school, hospital, residential care facility for the elderly, and religious institution.

2. It shall be unlawful for any person at any location within the incorporated area of the city to create any noise that causes the noise level at any sensitive use, while the same is in operation to exceed the noise limits as specified for the Residential Noise Zone, notwithstanding the sensitive use may be located outside of the Residential Noise Zone.

D. It shall be unlawful for any person at any location within the incorporated area of the city to create any noise which can be classified as being continuous, reoccurring, predictable, or whose Resolution No. PC-2023-26

operation of noise-generating capabilities can be stopped or started at a specified time, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on the property, either incorporated or unincorporated, to exceed:

1. The noise standard for a cumulative period of more than 30 minutes in any hour;

2. The noise standard plus 5 dB(A) for a cumulative period of more than 15 minutes but less than 30 minutes in any hour;

3. The noise standard plus 10 dB(A) for a cumulative period of more than 5 minutes but less than 15 minutes in any hour;

4. The noise standard plus 15 dB(A) for a cumulative period of more than one minute but less than five minutes in any hour;

5. The noise standard plus 20 dB(A) for a cumulative period of less than one minute in an hour.

E. The permitted deviations from the noise standards specified in 15.90.030.D shall not be applicable to properties zoned C-3 or G-C.

F. In the event the ambient noise level exceeds any of the five noise limit categories listed in Subsection C, the cumulative period applicable to the category shall be increased to reflect the ambient noise level.

15.90.040. Activities exempt from standards.

A. The following activities shall be exempt from the noise level standards specified by this chapter:

1. School bands, school athletic and school entertainment events.

2. Outdoor gatherings, public dances, shows and sporting and entertainment events provided the events are conducted pursuant to a permit and/or license issued by the city.

3. Activities and maintenance conducted on public property, parks, public playgrounds and public or private school grounds.

4. Any mechanical device, apparatus or equipment used, related to or connected with the use of machinery, vehicles, or work due to an emergency.

5. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.

6. Mobile noise sources associated with agricultural pest control through pesticide application.

7. Noise from vehicular traffic on public streets.

Resolution No. PC-2023-26

B. For the drilling of water wells, the Director of Development Services Community and Economic Development may approve or conditionally approve an exception or limited exemption from the noise level standards of this chapter.

15.90.050. Activities with special provisions.

A. The following activities shall be exempt from the noise level standards specified by this chapter provided they take place between the hours of 7 a.m. and 8 p.m. on any day except Sunday or a City-recognized holiday.

1. Noise sources associated with construction, repair, remodeling, or grading of any real property;

2. Mobile noise sources associated with agricultural operations;

3. Noise sources associated with the maintenance of real property, including normal maintenance and repair by city and utility crews.

B. Installation of air conditioning, refrigeration and pool equipment shall be certified to be within the provisions of this chapter for night and day operation noise levels.

C. Activities involving deliveries and pickups in all Commercial Zones shall comply with the provisions of this chapter for night and day operation noise levels based on the following criteria.

1. Rubbish and Garbage Collection for all Commercial Zones. Collection times for all commercial zones shall be conducted during the following hours:
a. Between the hours of 7:00 a.m. and 9:00 p.m. if trash receptacles or bins are located within 200 feet of a Residential Zone or residences located in a Mixed-Used Development.

b. At any time, if the trash bins are located more than 200 feet from a Residential Zone or residences located in a Mixed-Used Development.

2. Deliveries and Vehicle loading or unloading in all Commercial Zones. Delivery Hours shall be conducted during the following hours:
a. Between the hours of 7:00 a.m. and 10:00 p.m. if the property receiving the delivery is located within 200 feet of a Residential Zone or residences located in a Mixed-Used Development.

b. At any time, if the property receiving the delivery is located more than 200 feet from a Residential Zone or residences located in a Mixed-Used Development.

15.90.060. Noise level measurement.

A. The location selected for measuring exterior noise levels shall be at any point on the affected property. The affected property shall be the address from which the complaint was received.

Resolution No. PC-2023-26

B. The location selected for measuring interior noise levels shall be made within the affected property at point at least four feet from the wall, ceiling or floor nearest the noise source.

C. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter that meets the American National Standard Institute's Standard S1.4 - 1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

C. For the purpose of enforcing sound limits on properties zoned C-3 or G-C, the following provisions shall apply:

1. All limits are in terms of maximum instantaneous (Lmax) levels for ease of enforcement.

2. A limit of 75 dBA 50 feet from the property line of a commercial property between 5:00 pm and 12:00 am., and a limit of 65 dBA 50 feet from the property of a commercial property between 12:00 and 1:30 am., or

3. A limit of 80 dBA 25 feet from a sound source on a commercial property or at the property line of the commercial property, whichever distance is greater, between 5:00 pm and 12:00 am, and a limit of 70 dBA at the same location between 12:00 and 1:30 am.

D. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a minimum ANSI S1.4 Type 2 rating sound level meter which is commercially available and can make and record sound level readings that include the date and time the reading was taken and the geographic location where the reading was taken to the satisfaction of the Community and Economic Development Director.

15.90.070. Enforcement.

A. The Director of Community and Economic Development Services and his/her duly authorized representatives are directed to enforce the provisions of this chapter.

1. C ode Enforcement Division shall be appointed as the case manager, upon receiving a noise complaint; coordinating with the relevant departments as appropriate based on the circumstance; and conducting other actions necessary to enforce the provisions of this chapter as appropriate.

2. The Police Department may incidentally enforce the provisions of this chapter as appropriate.

B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter.
(Ord. 2982, 2001)

15.90.080. Appeal.

Resolution No. PC-2023-26

A. The owner or operator of a noise source who has been issued an Administrative Citation cited in for violations of the provisions of this chapter may appeal the citation pursuant to FMC Chapter 1.10. to the City Council. Within 15 working days following receipt of a notice of an appeal, the City Clerk shall forward to the City Council the recommendation of the Community and Economic Development Services Director the notice of appeal, and all evidence concerning the appeal received by the Director. In addition, any person may file with the City Council written arguments supporting or opposing attacking the citation. The City Clerk shall mail to the applicant and the complainant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten days prior to the hearing date.

B. Within 60 days following its of the receipt of the notice of the appeal, the City Council shall affirm, modify or reverse the citation. The decision shall be based upon the evaluation by the City Council of the matter. As part of its decision, the City Council may direct the Community Development Services Director to conduct further proceedings on the appeal. Failure of the City Council to affirm, modify or reverse the citation within the 60-day period shall constitute an affirmation of the citation.
(Ord. 2982, 2001)

Chapter 3.08
Entertainment

3.08.140 Baseline operational requirements for Entertainment establishments.

The following baseline operational requirements shall be applicable to all businesses with an Entertainment Permit. The Chief of Police, in consultation with other departments, may require additional conditions of approval on an Entertainment Permit based on the specific location and operational characteristics of the business. These requirements do not modify or limit in any way the authority of the Chief of Police to enforce Penal Code Section 415 (disturbing the peace) against any person, or of the Chief of Police or the Fire Marshal to immediately take action in the event of an imminent threat to public health or safety.

A. Compliance with laws. All individuals and/or business entities who obtain an Entertainment Permit shall comply with all applicable laws, regulations, ordinances and stated conditions.

B. Time restrictions. Entertainment may not take place between the hours of 2:00 a.m. and 8:00 a.m. The time restrictions may be further limited by an applicable conditional use permit or Entertainment Permit.

C. Type, manner and hours of operation. The type, manner, frequency, dates and times during which Entertainment is provided shall be limited to what is expressly indicated on the Entertainment Permit. Any substantial changes to the type, manner, frequency, dates or times of Entertainment shall require the Permittee to submit an application for an amendment to the Entertainment Permit, which shall be processed in the same manner as a new Entertainment Permit, prior to making any changes to the business operation.

D. No Adult Entertainment, as defined by Fullerton Municipal Code Section 7.95, shall be conducted on the permitted premises. Permittees shall not allow, permit, procure, or encourage, anyone to expose male or female genitals, cleft of the buttocks, the areola or any portion of the female breast below the areola, while at or inside the business.

Resolution No. PC-2023-26

E. Outdoor Entertainment. Any Entertainment (Outdoor), excluding Ambient Music is prohibited except within the boundaries of property zoned C -3 and G -C the Downtown Commercial Noise Zone as defined in Chapter 15.90 and approved through a Conditional Use Permit (CUP).

1. Outdoor Entertainment is limited to the hours of 5:00pm to 10:00pm, Monday through Sunday.

2. No outdoor entertainment of any kind (amplified or non-amplified) will be permitted after 10:00 p.m.

3. Sound and amplification equipment shall be monitored during business hours by the establishment to ensure that audible noise remains at acceptable levels in accordance with the noise standards contained in Chapter 15.90 Noise Standards and Regulations.

F. Permit posted on site. Permittees shall place or post an approved Entertainment Permit including conditions of approval on the premises in a place easily accessible by city staff.

G. Promoters. Neither the business, nor anyone on its behalf, shall share any profits, or pay any percentage or commission to a promoter or otherwise receive compensation for use of the facilities.

H. Advertising. Permittee shall not distribute, post or attach, and shall be responsible for ensuring that no agents on its behalf, distribute, post or attach, advertising matter on publi c property, public right-of-way, or on any vehicle on public property.

I. Noise. Permittee shall ensure that noise emanating from the business shall not be unreasonably loud or disturbing and shall comply with the noise standards contained in Chapter

15.90. J. Occupancy. Building occupancy loads shall be posted at all times. Permittee shall be responsible to keep count of the number of occupants present at any given time and provide that information to City staff upon request.

K. Security Plan. Permittee shall be responsible for adhering to the Security Plan reviewed and approved by the Chief of Police, or their designee. Modifications to the approved Security Plan shall be reviewed and approved by the Police Department prior to making any changes to security operations. It is the responsibility of the business establishment to update the secu rity plan on file with the city when/if there are any changes in the operational characteristics of the establishment which may alter the contents of the security plan. Changes in business name and/or ownership shall require an updated security plan to be provided to the city.

L. Loitering. Permittee shall take steps to prevent patrons from loitering in the immediate area, littering or making excessive noise outside of the establishment and at closing time.

M. Doors and windows. All exterior doors and windows must be closed during the hours of Entertainment, except to allow ingress or egress of patrons, or in the case of emergencies.

Exceptions to this requirement may be considered as part of a conditional use permit based on Resolution No. PC-2023-26

the business location, building design, and business operations, and outdoor entertainment . (Ord. 3270, § 5, 2019)

ADOPTED BY THE FULLERTON PLANNING COMMISSION ON NOVEMBER 22, 2023.

_______________________________
Arif Mansuri, Chairman

MEMORANDUM
To: Edgardo Caldera (City of Fullerton)
From: James P. Cowan, INCE Bd.Cert.

Subject: City of Fullerton Downtown District Noise Ordinance Evaluation Date: November 2, 2023
cc: Mark Storm, INCE Bd.Cert., Sunayana Thomas (City of Fullerton), Guillermina Torrico (City of Fullerton), Taylor Samuelson (City of Fullerton)
Attachment(s): Appendix A – Long-Term Monitored Data Charts Appendix B – Aerial Maps Showing Noise Data by Location

It is our understanding that the City of Fullerton would like to update their noise ordinance (Chapter 15.90 of the Fullerton Municipal Code) to create a n enforceable policy for commercial noise levels in the Downtown that also addresses outdoor entertainment and resident quality of life. These types of activities conflict with the current version of the noise ordinance, which is relevant to the entire city, including the Downtown District. Dudek has been retained by the City to evaluate the current noise environment in the C-3 (Central Business District, Commercial) Zone through sound measurements and observations, resulting in recommendations for noise ordinance stipulations that would provide minimal restrictions for businesses having outdoor entertainment permits while providing an easily enforceable and acceptable noise environment for local residents.

Since the term “noise” is defined as unwanted sound (and thereby a subset of sound), the words “noise” and “sound” are being used interchangeably in this memo.
1 Current Noise Regulation
The current version of Chapter 15.90 imposes exterior noise level limits of 55 dBA between 7:00 am and 10:00 pm and 50 dBA between 10:00 pm and 7:00 am in residential zones . The limits are increased by 5 dBA for a cumulative 30 minutes per hour, by 10 dBA for 15 minutes per hour, and by 15 dBA for less than 5 minutes per hour. These limits are incompatible with outdoor entertainment where there are nearby residences; however, the closest residential zones to the C-3 Zone are hundreds of feet away from any e stablishment having outdoor entertainment, and the current noise limits are practical for those areas. Of concern are isolated residences in the C-3 Zone that share building spaces with commercial businesses. The closest of those properties are roughly 50 feet away from any permitted outdoor entertainment.

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 2 NOVEMBER 2023

2 Noise Monitoring Program and Results
After reviewing feedback that the City collected from public community meetings and members of City Council, the first step in this evaluation was to develop and implement a sound monitoring program to determine the baseline conditions. Outdoor ambient noise levels were monitored over a Thursday to Sunday period to determine the range of typical sound levels associated with outdoor entertainment and other background sound-generating sources in the C-3 Zone and surrounding communities.

2.1 Noise Descriptors Used
Since sound levels are constantly changing in the outdoor environment, noise levels are typically rated using various temporal and statistical values rather than instantaneous levels. The noise descriptors used in this analysis were chosen to represent the range of values present without emphasizing isolated, infrequent, and atypical events. They are all commonly used for rating sound pressure levels in standards, guidelines, and ordinances in California and across the country. The A-weighted decibel scale (dBA) is used for all sound levels, given its national acceptance as correlating with human hearing sensitivities at moderate sound levels. The following noise descriptors were used in evaluating the acquired data:
• Leq – the equivalent level over a specified time period, which is the constant sound pressure level associated with the same amount of acoustic energy as the actual time-varying signal level, thought of as an energy-average. The peak-hour L eq is the highest hourly energy -averaged value over the course of a continuous 24-hour period.
• Lmax – the maximum instantaneous sound level occurring during a measurement period. • Lmin – the minimum instantaneous sound level occurring during a measurement period. • L5 – the sound level exceeded for a cumulative (i.e., does not need to be a continuous period) five percent (5%) of the time during a specified time period (e.g., a total of 3 minutes out of an hour), which is thus an indication of the highest sound levels recorded while discarding isolated, infrequent events. • L25 – the sound level exceeded 25% of the time during a specified time period (e.g., a total of 15 minutes out of an hour).
• L50 – the sound level exceeded 50% of the time during a specified time period (e.g., a total of 30 minutes out of an hour) , which is an indication of the statistical median sound level recorded during a specified monitoring session.
• L90 – the sound level exceeded 90% of the time during a specified time period (e.g., a total of 54 minutes out of an hour, or the quietest 10% of the time ), which is an indication of the residual background sound pressure while discarding unusually quiet, short time periods. • CNEL – community noise equivalent level, which is a 24-hour average level based on adding 5 dBA to sound levels occurring between the evening hours of 7:00 pm and 10:00 pm and adding 10 dBA to sound levels occurring between the nighttime hours of 10:00 pm and 7:00 am to account for the added sensitivity of

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 3 NOVEMBER 2023

people to noise during the evening and normal sleeping times. CNEL is used in California to rate daily noise levels but most agencies across the country use L dn (the day-night average sound level) for that purpose.

Ldn values add 10 dBA to all sound levels occurring between 10:00 pm and 7:00 am as CNEL values do, but they do not adjust sound levels occurring during the 7:00 to 10:00 pm evening hours.

2.2 Noise Monitoring Process and Results
Noise monitoring was performed from Thursday, September 14 to Sunday, September 17 , 2023. For each monitoring session, each sound level meter (SLM) was mounted on a tripod, equipped with an appropriate windscreen, and weather conditions were appropriate for reliable readings, with light winds and no precipitation.

Photo logs and data summaries from all readings are stored in our project files and are available upon request.

Readings were taken at eight (8) unattended long-term (minimum 24-hour duration) locations (denoted with the “ML” prefix) and twenty-five (25) short-term locations (denoted with the “ST” prefix), as shown in Figure 1. Tables 1 and 2 list the addresses and closest businesses associated with the long-term and short-term monitoring locations, respectively. On Thursday, September 14, four (4) field- and factory-calibrated Soft dB Piccolo II SLMs were deployed to conduct unattended long-term monitoring for 72-hour durations at sites ML2, ML4, ML5, and ML6. These meters meet American National Standards Institute (ANSI) S1.4 Type 2 and Class 2 tolerance limitations (discussed in Section 3.2 of this memo) . After the 72 -hour long -term SLMs were deployed, investigator-attended short-term measurements were conducted in 15-minute intervals throughout the C-3 Zone at both ML and ST sites. Short-term measurements were taken in the C-3 Zone that had the highest levels of activity ( with live bands performing outdoors and/or large crowds in or near bars or restaurants).

On Friday, September 15, two (2) unattended long-term Piccolo II SLMs were deployed at sites ML1 and ML7 for 48-hour durations and a long -term SLM was deployed at site ML3 for a 24 -hour duration. Investigator-attended short-term monitoring began in the late afternoon during rush hour, and monitoring was focused on the north/northeast and south/southwest areas of Fullerton to capture peak activity levels near shopping centers and plazas. In the evening, the monitoring focus shifted to the C-3 Zone where activity levels were highest around the local bars and restaurants. This strategy was repeated on Saturday, September 16, when the 24 -hour long-term SLM at ML3 was retrieved and redeployed for 24 hours at site ML8. On Sunday, September 17, the long-term SLMs were retrieved for data collection, and no further short-term monitoring was performed.

Measurements were not taken at some originally planned short-term monitoring sites – ST2, ST3, ST6, ST9, ST25, and ST31 – due to on-site observations at the time of monitoring, which suggested that activity levels (volume of foot and vehicle traffic, events and/or large gatherings) were low throughout the 4-day monitoring period. Therefore, other short-term monitoring sites were prioritized, such as those in the C-3 Zone or near high -activity shopping centers and plazas, to record the highest noise levels in the City.

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 4 NOVEMBER 2023

Figure 1 – Sound monitoring locations in Fullerton’s Downtown (C-3) District

Table 1 – Long-term (ML) monitoring locations
Location ID Address Closest Business
Distance from
Business (ft)
Distance from Closest
Residential Zone (ft)
ML1 125 W Santa Fe Ave Heroes Bar & Grill 100 285
ML2 124 W Commonwealth Ave Garcia’s, Heroes 50 430
ML3 150 S Harbor Blvd Bourbon Street Bar, Crawfish Cave 50 600 ML4 210 N Harbor Blvd The Night Owl 50 530
ML5 116 ½ W Wilshire Ave Ziing’s Nightclub, Roman Cucina 20 330 ML6 215 N Harbor Blvd Ziing’s Nightclub, Roman Cucina 20 400 ML7 121 E Wilshire Ave Fullerton Museum Center 50 340
ML8 310 N Harbor Blvd Farolito of Fullerton 15 175

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 5 NOVEMBER 2023

Table 2 – Short-term (ST) monitoring locations
Location ID Address Closest Business
Distance from
Business (ft)
Distance from Closest
Residential Zone (ft)
ST1 1027 N Harbor Blvd Ralph's, Wingstop, Budget Car Rental 20 270 ST2* 800 N Harbor Blvd Fullerton Car Wash, Havoline Xpress Lube 60 40 ST3* 701 N Harbor Blvd Forte Strings Violin Shop 100 100 ST4 107 W Malvern Ave Classic Tattoo Parlor, Fox Fullerton Theatre 250 75 ST5 119 E Chapman Ave McDonald's 15 100
ST6* 398 N Malden Ave Celebrity Paw Spa 100 35
ST7 444 N Harbor Blvd Wahoo's Fish Taco, Citi Bank 30 125 ST8 301 N Pomona Ave Fullerton Museum Center 20 265
ST9* 128 W Wilshire Ave Les Amis Restaurant & Lounge 20 300 ST10 202 W Amerige Ave R&R Smoke & Vape 80 150
ST11 107 W Amerige Ave Revolucion Cantina & Mezcaleria, MADE Coffee, Hapa Cupcakes & Cakes
15 675
ST12 204 N Pomona Ave Rutabegorz 130 60
ST13 218 W Commonwealth Ave Pacific Premier Bank, Centinela Feed & Pet Supplies
20 460
ST14 136 E. Commonwealth Ave Stubrik's Steakhouse, Bourbon Street Bar, Hopscotch Craft
10 580
ST15 229 E Commonwealth Ave Qamaria Yemeni Coffee Co. 10 20 ST16 603 S Harbor Blvd Chevron, California Car Company 50 130 ST17 900 S Harbor Blvd Costco Wholesale 300 250
ST18 1375 S Harbor Blvd Burger King 50 700
ST19 1401 S Lemon St Best Buy 100 695
ST20 268 Imperial Hwy Supercuts 50 180
ST21 2698 East Coyote Hills Trail Krispy Krunchy Chicken 230 90 ST22 2920 Yorba Lina Blvd Target 200 250
ST23 3330 Yorba Linda Blvd Ralph's 50 350
ST24 505 N State College Blvd Nick the Greek, Chipotle, Starbucks 50 230 ST25* 109 N Cornell Ave Nick's Super Burgers 80 250
ST26 1415 W Commonwealth
Ave
A1 Self Storage 15 175
ST27 111 N Euclid St El Pollo Loco 20 175
ST28 901 W Commonwealth Ave Patty's Cakes and Desserts, Community Auto Repair Service
50 80
ST29 701 W Commonwealth Ave Patrick's Music School 50 165 ST30 600 W Commonwealth Ave Maison Fox Natural Wine Bar 100 50 ST31* 1653 W Orangethorpe Ave Fullerton Arirang Supermarket 250 235 Note: * - reading not taken at this location due to lack of activity

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 6 NOVEMBER 2023

Charts showing time histories of long -term monitoring sessions are included in Appendix A of this memo. These charts show readings in terms of both hourly and 5 -minute intervals at each location to show general trends and short-term variations in sound lev els. Appendix B shows aerial maps of the C-3 Zone with summaries of sound readings over the course of the 4-day monitoring program. Tables 3 and 4 summarize the results for the long-term and short-term readings, respectively. The focus of attention was the time period between 5:00 pm and midnight, when most of the C-3 Zone activities were at their peak.

Table 3 – Long-term (ML) monitoring results (all values in dBA) Location CNEL Peak-hour
Leq
Average
Hourly Leq
(5pm to
12am)
Average Hourly
L25 (5pm to
12am)
Average
Hourly L5
(5pm to
12am)
Dominant Noise Source
ML1 71 71 63 60 66 Traffic/People/Music
ML2 74 70 64 63 65 People/Music
ML3 71 68 64 63 66 Traffic/Music
ML4 69 71 62 61 64 Music
ML5 74 71 68 68 69 Music
ML6 78 78 71 71 76 Traffic
ML7 60 63 54 53 55 Traffic
ML8 78 80 73 72 77 Traffic
Overall average
(5pm to 12am)
65 64 67

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 7 NOVEMBER 2023

Table 4 – Short-term (ST) monitoring results (all values in dBA) Location Address Closest Business Measured Leq Measured L90 ST1 1027 N Harbor Blvd Ralph's, Wingstop, Budget Car Rental 60.3 53.4 ST4 107 W Malvern Ave Classic Tattoo Parlor, Fox Fullerton Theatre 67.7 61.5 ST5 119 E Chapman Ave McDonald's 64.9 56.5
ST7 444 N Harbor Blvd Wahoo's Fish Taco, Citi Bank 69.8 60.8 ST8 301 N Pomona Ave Fullerton Museum Center 64.5 59.8
ST10 202 W Amerige Ave R&R Smoke & Vape 56.5 51.0
ST11 107 W Amerige Ave Revolucion Cantina & Mezcaleria, MADE Coffee, Hapa Cupcakes & Cakes

62.5 58.9
ST12 204 N Pomona Ave Rutabegorz 55.7 49.5
ST13 218 W Commonwealth Ave Pacific Premier Bank, Centinela Feed & Pet Supplies 63.5 52.4 ST14 136 E. Commonwealth Ave Stubrik's Steakhouse, Bourbon Street Bar, Hopscotch Craft 68.3 61.7 ST15 229 E Commonwealth Ave Qamaria Yemeni Coffee Co. 69.5 60.1 ST16 603 S Harbor Blvd Chevron, California Car Company 64.9 57.5 ST17 900 S Harbor Blvd Costco Wholesale 60.7 56.7
ST18 1375 S Harbor Blvd Burger King 59.1 54.5
ST19 1401 S Lemon St Best Buy 59.1 56.1
ST20 268 Imperial Hwy Supercuts 70.2 63.3
ST21 2698 East Coyote Hills Trail Krispy Krunchy Chicken 71.3 64.5 ST22 2920 Yorba Lina Blvd Target 73.0 66.6
ST23 3330 Yorba Linda Blvd Ralph's 68.7 60.3
ST24 505 N State College Blvd Nick the Greek, Chipotle, Starbucks 67.7 62.0 ST26 1415 W Commonwealth Ave A1 Self Storage 64.5 54.3
ST27 111 N Euclid St El Pollo Loco 69.0 59.7
ST28 901 W Commonwealth Ave Patty's Cakes and Desserts, Community Auto Repair Service 61.9 55.2 ST29 701 W Commonwealth Ave Patrick's Music School 68.4 59.6 ST30 600 W Commonwealth Ave Maison Fox Natural Wine Bar 64.3 54.5

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 8 NOVEMBER 2023

Except for locations close to active outdoor music performances, the dominant noise source at all locations was road traffic. General trends in the data show L90 background levels in the 50s to mid-60s on the dBA scale during the peak evening times for outdoor nightlife of 5:00 pm to midnight, often dominated by road traffic noise. Where music dominated the noise environment, the maximum L5 levels were in the 65 to 75 dBA range 50 feet from the establishments (see the data in Appendix A).

3 Noise Ordinance Recommendations
Before discussing specific recommendations for the C-3 Zone of the City of Fullerton, it will be useful to review the types of stipulations that are typically found in noise ordinances along with their effectiveness limitations.

3.1 Typical Stipulations
Noise ordinance sound level restrictions in California and throughout the country generally fall into one of the following three categories – qualitative, quantitative with absolute limits, or quantitative with relative limits.

3.1.1 Qualitative Restrictions
Qualitative noise restrictions typically use subjective terms such as “annoying,” “disturbing,” or “unnecessary” to describe a sound level that violates the stipulations of the ordinance. Some go farther to state that noise levels that qualify as “disturbing to someone with normal sensitivities” will violate the noise ordinance. These types of restrictions are difficult to enforce given their subjective nature.

Another relatively common qualitative restriction is a statement of audibility, such as stating that a sound source that is audible at a property line or at a specified distance from a source or a property line constitutes a violation of the ordinance. Each person has different hearing sensitivities and audibility at any location depends not only on the hearing sensitivity of the listener but also on the ability of the background sound to mask the audibility of the sound source in question. In other words, what may be audible to some may not be audible to others.

Qualitative noise restrictions are impractical because of their subjective nature and their resulting difficulty to enforce. An easily enforceable noise ordinance must have objective criteria to be met , against which measured decibels taken in the field can be readily compared to determine compliance or exceedance and help inform planning and implementation of practical and reasonable noise-reducing remedies.

3.1.2 Quantitative Restrictions with Absolute Limits
Quantitative noise restrictions provide objective criteria and are thus much easier to enforce than qualitative noise restrictions. They use specified sound level limits, usually varying by land use and time-of-day, with the lowest limits imposed during nighttime hours (typically, 10:00 pm to 7:00 am). Quite often these limits are copied from other ordinances without regard to the unique conditions associated with each municipality or the history of when these ordinances were originally drafted. One of the most important aspects of these types of restrictions that is often not considered is that they need to be compatible with the inherent background sound levels in an area. For example,

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 9 NOVEMBER 2023

a daytime limit of 55 dBA is commonly used in ordinances but if the background sound levels are already close to or above that limit, the ordinance is difficult, if not impossible, to enforce. This is because the sound level associated with the source of interest cannot be separated from the sound level associated with the rest of the ambient environment. For this type of stipulation to be easily enforceable, the source of interest must generate sound levels at least 10 dBA above the background. In that case, the sound level associated with the enforcement measurement can be attributed to the source of interest alone. Otherwise, the measured sound level would be attributable only to a combination of the background level and the level associated with the source of interest.

The rationale for the aforementioned 10 dB minimum difference between the source of interest and the background level is partially based on acoustic fundamentals and the decibel scale used to quantify sound levels. Two sound levels that are 10 dB apart represent an order of magnitude difference in actual sound pressures. Put another way, if a nearby sound source is measured to be 50 dBA when it is active, and the measured background is only 40 dBA when the nearby source of interest is inactive, the latter has no substantial contribution to the former on the basis of logarithmic decibel addition – the logarithmic sum of 50 dBA and 40 dBA is 50.41 dBA, meaning the dB difference between the sum and the higher of the two levels is only 0.41 dB, which is an imperceptible difference.

The other important aspect of these types of restrictions is that they must be practical for protecting the populace in each environment. An example of this would be using the common nighttime noise ordinance limit of 50 dBA in an inherently quiet area, where background levels can be 20 dBA less than th at limit. A sound source generating 50 dBA at a receptor where the inherent background level is 35 dBA will be clearly audible and potentially intrusive to many people, especially if they are trying to sleep; however, if the noise limit is such that a sound source is not permitted to exceed 50 dBA, the source in this example would comply with the ordinance.

As discussed above, when the noise levels of concern generate more than 10 dBA above any background noise at a sensitive receptor location, these types of restrictions are the easiest to enforce because an enforcement officer would only need to see a sound level exceeding the limit on a sound level meter to confirm a violation. However, if these conditions do not exist, the practicality of this method for protecting the public is significantly compromised.

3.1.3 Quantitative Restrictions with Relative Limits
The most effective noise ordinance criteria for protecting the public are based on the premise of quantitative noise restrictions with relative limits. This involves defining a permissible limit based on an increase in sound level over the background level, which is most closely linked to annoyance potential. This method, however, can be a challenge to enforce, mainly due to the issue of how one defines the background sound level. Typical ordinances using this type of restriction permit an increase over the background level of 5 to 10 dBA, for which the sound source would be clearly noticeable.

This method is ideal for the situation for which there is a low to moderate steady background level with a transient signal emitted by a source generating sound levels of at least 10 dBA above the background . Background levels are typically variable, though, making it difficult to define a specific level for use as a baseline . This background level definition problem is either solved by the subjective judgment of the enforcement officer or by using statistical levels to define the background (which would require the enforcement officer to have a clear understanding of noise descriptors and the operation of a potentially complicated and expensive sound level meter).

This method works best when the background level is pre-defined by separate sound level readings and the sound level limit is defined as an absolute level based on an acceptable increase above the pre-defined background level,

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 10 NOVEMBER 2023

thus making it a hybrid of a quantitative restriction with an absolute limit based on a quantitative restriction with a relative limit.

3.1.4 Descriptors
There is a wide variety of noise descriptors used in ordinances around the country, most commonly one or more of those listed in Section 2.1 of this memo. Beside Lmax and Lmin (which are instantaneous values that can be read directly from the screen of a sound level meter), the other descriptors need to be calculated by a sound level analyzer. Sound analyzers that calculate these kinds of statistical and average levels tend to be expensive and unintuitive to operate, thereby requiring the enforcement office r to be highly trained in its usage or taking the chance of the officer unintentionally misinterpreting the data.

The main key to an effective noise ordinance is the ease of measurements required for any non-technical enforcement officer to determine whether or not the stipulations in the ordinance are being violated. This requires a simple sound level meter along with simple sound level limits that can be easily documented.

3.2 Enforcement Equipment
In addition to the simplicity of the sound level meter, it’s important that the meter itself provides accurate readings.

The American National Standards Institute (ANSI), through Standard S1.4, offers “type” and “class” numbers that certify the accuracy of the sound level readings a meter is capable of recording. “Class” numbers are referenced in more recent versions of the ANSI standard but “type” numbers from earlier versions of the standard are used more often in the field. ANSI S1.4 type numbers are 0, 1, and 2. Type 0 meters are typically meant for laboratory types of measurements, where the greatest accuracy is required. Types 1 (with a general +/-1 dB accuracy) and 2 (with a general +/- 2 dB accuracy) are considered by the professional acoustics community to be acceptable options for field readings, with Type 1 meters having greater accuracy than Type 2 meters, but the accuracy of Type 2 meters is generally accepted for field surveys. Any sound level meters that do not meet a minimum of Type 2 accuracy should not be used for the enforcement of a noise ordinance, not only for accuracy but due to legal considerations (if readings are contested).

3.3 Recommendations
The information in the sections above serves as an introduction to the reasoning behind the noise ordinance stipulation recommendations included herein. As mentioned in Section 1 , the current version of Chapter 15.90 imposes exterior noise level limits at residences of 55 dBA between 7:00 am and 10:00 pm and 50 dBA between 10:00 pm and 7:00 am. These limits are not only incompatible with outdoor entertainment at 50 feet (where the closest residences are located), but they exceed the measured background sound levels in the C-3 Zone.

As is shown in Table 3, the average hourly Leq measured in and around the C-3 Zone was 65 dBA during the peak entertainment hours of 5:00 pm to midnight, while the average hourly L25 value period was 64 dBA and the average hourly L5 value was 67 dBA during the same time period. Using the hybrid criteria mentioned in Section 3.1.3 along with the average measured level s during the peak outdoor entertainment activity period of 5:00 pm to midnight with a 10 dBA increase, the recommended sound pressure level limit for the C-3 Zone is listed in Section 3.3.1 at a distance of 50 feet from the property line of the business where the source of interest is located. As an alternative for enforcement officials, this translates to a limit at the property line of the business where the source of interest is located or at a distance of 25 feet from the source of interest, whichever is greater.

MEMORANDUM
SUBJECT: CITY OF FULLERTON DOWNTOWN DISTRICT NOISE ORDINANCE EVALUATION

15491 11 NOVEMBER 2023

The recommendations provided below are based on measured background sound levels, measured sound levels with live outdoor bands, and the understanding (from City staff) that the current conditions have generated minimal complaints from residents. In addition, the City is planning to institute a curfew of 10:00 pm each night for outdoor music.

3.3.1 Sound Level Limits
Based on all of the information above, including the sound level readings taken throughout the C-3 Zone over a 4- day period of peak outdoor entertainment activities, the following sound level limits are recommended for the C-3 Zone of the City of Fullerton:

1. All limits are in terms of maximum instantaneous (Lmax) levels for ease of enforcement.

2. A limit of 75 dBA 50 feet from the property line of a commercial property between 5:00 pm and 12:00 am., and a limit of 65 dBA 50 feet from the property of a commercial property between 12:00 and 1:30 am., or

3. A limit of 80 dBA 25 feet from a sound source on a commercial property or at the property line of the commercial property, whichever distance is greater, between 5:00 pm and 12:00 am, and a limit of 70 dBA at the same location between 12:00 and 1:30 am.

4. A limit of 55 dBA at any residence between 1:30 and 7:00 am.

5. A limit of 65 dBA at any residence between 7:00 am and 5:00 pm.

These limits are comparable to the measured current conditions which, to our understanding, are acceptable to the community. The lowered limits between 12:00 and 1:30 am are due to outdoor entertainment being curtailed and heightened sensitivities at residential properties at those times. It is assumed that all C -3 Zone entertainment venues are closed after 1:30 am (with the recommended limit being 5 dBA higher than the current nighttime residential limit due to the higher background noise levels in the C -3 Zone), and the midday limit of 65 dBA is common for these types of environments with busy local roadways throughout (as was shown through the measurements taken for this evaluation).

3.3.2 Equipment Recommendations for Enforcement
As is mentioned above, the key to effective noise ordinance enforcement is using a simple criterion that is easy to measure with a basic instrument that doesn’t include statistical and averaging analyses. An ANSI Type 2 sound level meter with a field calibrator (to be used before and after each set of readings to e nsure accuracy) should be used for all enforcement measurements. They should have a fitted windscreen covering the microphone (to minimize extraneous noise from air flow over the microphone) and a large digital screen that shows the live sound pressure levels in dBA. Even with a windscreen, however, readings should not be taken when wind speeds are higher than 15 miles per hour, which is the protection limit for most windscreens. Dudek can provide recommendations of specific sound level meters if so desired.

Appendix A
Long-Term Monitored Data Charts

Appendix B
Aerial Maps Showing Noise Data by Location
0 144
288
432
576
720
864
1008
1152
1296
1440
1584
1728
1872
2016
2160
2304
2448
2592
2736
2880
3024
3168
3312
3456
3600
3744
3888
4032
4176
4320
4464
4608
4752
4896
5040
5184
5328
5472
5616
5760
5904
6048
6192
6336
6480
6624
6768
6912
7056
7200
7344
7488
7632
7776
7920
8064
8208
8352
8496
8640
8784
8928
9072
9216
9360
9504
9648
9792
9936
10080
10224
10368
10512
10656
10800
10944
11088
11232
11376
11520
11664
11808
11952
12096
12240
12384
12528
12672
12816
12960
13104
13248
13392
13536
13680
13824
13968
14112
14256
14400
14544
14688
14832
14976
15120
15264
15408
15552
15696
15840
15984
16128
16272
16416
16560
16704
16848
16992
17136
17280
17424
17568
17712
17856
18000
18144
18288
18432
18576
18720
18864
19008
19152
19296
19440
19584
19728
19872
20016
20160
20304
20448
20592
20736
20880
21024
21168
21312
21456
21600
21744
21888
22032
22176
22320
22464
22608
22752
22896
23040
23184
23328
23472
23616
23760
23904
24048
24192
24336
24480
24624
24768
24912
25056
25200
25344
25488
25632
25776
25920
26064
26208
26352
26496
26640
26784
26928
27072
27216
27360
27504
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
SOURCES: Google 2023; City of Fullerton Noise Monitoring and Mapping; Dudek 2023 City of Fullerton Noise Monitoring and Mapping Project (Fullerton, CA) 0 250 500 Feet Downtown Fullerton Long-Term Monitoring Locations and Results (09/14/23 to 09/17/23) ML7: 60 dBA CNEL, 62 dBA Peak-
Hour Leq (7:25 PM, 9/16) -
Fullerton Downtown Plaza
ML5: 74 dBA CNEL, 71 dBA Peak-
Hour Leq (7:00 and 9:00 PM, 9/15) -
Zing's, Roman Cucina
ML6: 78 dBA CNEL, 78 dBA Peak-
Hour Leq (2:51 and 8:41 PM, 9/15) -
Zing's, Roman Cucina
ML4: 69 dBA CNEL, 70 dBA
Peak-Hour Leq (8:50 PM, 9/15) -
The Night Owl
ML2: 74 dBA CNEL, 70 dBA Peak-
Hour Leq (1:55 PM, 9/16) - Roscoe's
ML1: 71 dBA CNEL, 66 dBA Peak-
Hour Leq (10:25 PM, 9/15, and 11:15
PM, 9/16) - Heroes
ML8: 78 dBA CNEL, 80 dBA
Peak-Hour Leq (7:35 PM, 9/16)
- Farolito of Fullerton
ML3: 71 dBA CNEL, 68 dBA Peak-Hour Leq
(11:35 PM, 9/15) - Crawfish Cave
FIGURE B1
0 144
288
432
576
720
864
1008
1152
1296
1440
1584
1728
1872
2016
2160
2304
2448
2592
2736
2880
3024
3168
3312
3456
3600
3744
3888
4032
4176
4320
4464
4608
4752
4896
5040
5184
5328
5472
5616
5760
5904
6048
6192
6336
6480
6624
6768
6912
7056
7200
7344
7488
7632
7776
7920
8064
8208
8352
8496
8640
8784
8928
9072
9216
9360
9504
9648
9792
9936
10080
10224
10368
10512
10656
10800
10944
11088
11232
11376
11520
11664
11808
11952
12096
12240
12384
12528
12672
12816
12960
13104
13248
13392
13536
13680
13824
13968
14112
14256
14400
14544
14688
14832
14976
15120
15264
15408
15552
15696
15840
15984
16128
16272
16416
16560
16704
16848
16992
17136
17280
17424
17568
17712
17856
18000
18144
18288
18432
18576
18720
18864
19008
19152
19296
19440
19584
19728
19872
20016
20160
20304
20448
20592
20736
20880
21024
21168
21312
21456
21600
21744
21888
22032
22176
22320
22464
22608
22752
22896
23040
23184
23328
23472
23616
23760
23904
24048
24192
24336
24480
24624
24768
24912
25056
25200
25344
25488
25632
25776
25920
26064
26208
26352
26496
26640
26784
26928
27072
27216
27360
27504
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
SOURCES: Google 2023; City of Fullerton Noise Monitoring and Mapping; Dudek 2023 City of Fullerton Noise Monitoring and Mapping Project (Fullerton, CA) 0 250 500 Feet Downtown Fullerton Monitoring Locations and Monitoring Results (Thursday, 09/14/23) ST1: 58.2 dBA Leq -
Ralph's, WIngstop,
Budget Car Rental
ST5: 64.4 dBA Leq -
Mcdonald's
ST7: 67.1 dBA Leq - Wahoo's Fish Taco, Citi Bank
ST8: 64.5 dBA Leq - Fullerton
Museum Center
ST13: 63.5 dBA Leq -
Pacific Premier
Bank, Centinela
Feed & Pet
Supplies
ST12: 55.7 dBA Leq - Rutabegorz
ST14: 68.3 dBA Leq Stubrik's
Steakhouse, Bourbon Street Bar,
Hopscotch Craft
FIGURE B2
0 144
288
432
576
720
864
1008
1152
1296
1440
1584
1728
1872
2016
2160
2304
2448
2592
2736
2880
3024
3168
3312
3456
3600
3744
3888
4032
4176
4320
4464
4608
4752
4896
5040
5184
5328
5472
5616
5760
5904
6048
6192
6336
6480
6624
6768
6912
7056
7200
7344
7488
7632
7776
7920
8064
8208
8352
8496
8640
8784
8928
9072
9216
9360
9504
9648
9792
9936
10080
10224
10368
10512
10656
10800
10944
11088
11232
11376
11520
11664
11808
11952
12096
12240
12384
12528
12672
12816
12960
13104
13248
13392
13536
13680
13824
13968
14112
14256
14400
14544
14688
14832
14976
15120
15264
15408
15552
15696
15840
15984
16128
16272
16416
16560
16704
16848
16992
17136
17280
17424
17568
17712
17856
18000
18144
18288
18432
18576
18720
18864
19008
19152
19296
19440
19584
19728
19872
20016
20160
20304
20448
20592
20736
20880
21024
21168
21312
21456
21600
21744
21888
22032
22176
22320
22464
22608
22752
22896
23040
23184
23328
23472
23616
23760
23904
24048
24192
24336
24480
24624
24768
24912
25056
25200
25344
25488
25632
25776
25920
26064
26208
26352
26496
26640
26784
26928
27072
27216
27360
27504
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
SOURCES: Google 2023; City of Fullerton Noise Monitoring and Mapping; Dudek 2023 City of Fullerton Noise Monitoring and Mapping Project (Fullerton, CA) 0 250 500 Feet Downtown Fullerton Monitoring Locations and Monitoring Results (Friday, 09/15/23) ST5: 68.8 dBA Leq - Mcdonald's
ST7: 66.3 dBA Leq - Wahoo's Fish
Taco, Citi Bank
ST8: 54.4 dBA Leq - Fullerton
Museum Center
ST11: 62.5 dBA Leq -
Revolucion Cantina &
Mezcaleria, MADE
Coffee, Hapa
Cupcakes & Cakes
FIGURE B3
0 144
288
432
576
720
864
1008
1152
1296
1440
1584
1728
1872
2016
2160
2304
2448
2592
2736
2880
3024
3168
3312
3456
3600
3744
3888
4032
4176
4320
4464
4608
4752
4896
5040
5184
5328
5472
5616
5760
5904
6048
6192
6336
6480
6624
6768
6912
7056
7200
7344
7488
7632
7776
7920
8064
8208
8352
8496
8640
8784
8928
9072
9216
9360
9504
9648
9792
9936
10080
10224
10368
10512
10656
10800
10944
11088
11232
11376
11520
11664
11808
11952
12096
12240
12384
12528
12672
12816
12960
13104
13248
13392
13536
13680
13824
13968
14112
14256
14400
14544
14688
14832
14976
15120
15264
15408
15552
15696
15840
15984
16128
16272
16416
16560
16704
16848
16992
17136
17280
17424
17568
17712
17856
18000
18144
18288
18432
18576
18720
18864
19008
19152
19296
19440
19584
19728
19872
20016
20160
20304
20448
20592
20736
20880
21024
21168
21312
21456
21600
21744
21888
22032
22176
22320
22464
22608
22752
22896
23040
23184
23328
23472
23616
23760
23904
24048
24192
24336
24480
24624
24768
24912
25056
25200
25344
25488
25632
25776
25920
26064
26208
26352
26496
26640
26784
26928
27072
27216
27360
27504
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
SOURCES: Google 2023; City of Fullerton Noise Monitoring and Mapping; Dudek 2023 City of Fullerton Noise Monitoring and Mapping Project (Fullerton, CA) 0 250 500 Feet Downtown Fullerton Monitoring Locations and Monitoring Results (Saturday, 09/16/23) ST5: 64.9 dBA Leq - Mcdonald's
ST7: 69.8 dBA Leq -
Wahoo's Fish Taco,
Citi Bank
ST1: 60.3 dBA Leq -
Ralph's, WIngstop,
Budget Car Rental
ST4: 67.7 dBA Leq -
Classic Tattoo Parlor,
Fox Fullerton Theatre
ST15: 69.5 dBA Leq -
Qamaria Yemeni
Coffee Co.

ST14: 66.4 dBA Leq
Stubrik's Steakhouse,
Bourbon Street Bar,
Hopscotch Craft
ST10: 56.5 dBA Leq -
R&R Smoke & Vape
FIGURE B4
WHERE?
Fullerton Community Center (Classroom #2)
340 W. Commonwealth Ave
WHEN?
Wednesday June 14th
From 2:00-3:00PM
Fullerton Noise Ordinance
Community Discussion
WHY?
As a business or local resident, we want you to
participate in what our noise ordinance will look like in the future. Your participation will help produce a new
policy that supports everyone involved.

We want to hear from you!
WHAT? A community discussion on what important items
should be incorporated into a citywide Noise Ordinance with options that meet the needs of both our residents as well as businesses and stakeholders.

Community & EconomicDevelopment Department
CALL 714-738-6837 With Any Questions
In-Person Meeting
WHERE?
Zoom Webinar
Call in +1 669 444 9171
WHEN?
Thursday June 15th
From 5:00-6:00PM
Fullerton Noise Ordinance
Community Discussion
WHY?
As a business or local resident, we want you to
participate in what our noise ordinance will look like in the future. Your participation will help produce a new
policy that supports everyone involved.

We want to hear from you!
WHAT? A community discussion on what important items
should be incorporated into a citywide Noise Ordinance with options that meet the needs of both our residents as well as businesses and stakeholders.

Community & EconomicDevelopment Department
CALL 714-738-6837 With Any Questions
Virtual/Call-In Meeting