City Council
February 6, 2024
(Continued from December 19, 2023)
Zoning Ordinance Amendment Title 15 (15.90) and 3 (3.08)
Summary
Council Direction – Explore Citywide Noise Ordinance for all commercial corridors, including Downtown, with limited outdoor entertainment.
The proposed noise ordinance amendment for commercial areas seeks to strike a balance between supporting vibrant commercial activities and preserving the quality of life for residents.
It encourages responsible business practices and fosters a collaborative approach to addressing noise related concerns within the community.
Process to Date
C-3 & G-CZONING
The new standards would apply to C-3 and G-C Zoning only C-3 is our highly concentrated business district that includes mixed residential and commercial uses, primarily Downtown G-C is General Commercial with a mix of goods and service uses.
Restaurants with Alcohol and/or Entertainment require a CUP in all commercial zones.
Typical Sound Levels
What Is a Decibel?
A decibel (dB) is a unit of measurement for sound. A-weighted decibels, abbreviated dBA, are an expression of the relative loudness of sounds in air as perceived by our ears.
What are the current restrictions?
Exterior Noise Levels of 55dBA between 7:00 a.m. and 10:00 p.m. and 50 dBA between 10:00 p.m. and 7:00 a.m.
This is unenforceable and incompatible with exterior noise level limits.
Average hourly background levels in and around our commercial zones are on average 65dBA.
Proposed Regulations
Permitted sound levels vary by hours of the day:
Daytime hours (office, retail and service uses)
Nighttime hours (Restaurant and bar uses)
Overnight hours (Quiet hours)
Hours
(Monday – Sunday)
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 level, whichever is lower
Typical Sound Levels
What Is a Decibel?
A decibel (dB) is a unit of measurement for sound. A-weighted decibels, abbreviated dBA, are an expression of the relative loudness of sounds in air as perceived by our ears.
Proposed Enforcement Standards
Noise Restrictions based on L-maximum (maximum decibel level that can be achieved) Measurements are taken 50 feet from the property line of the establishment or 25 feet from source All properties located outside of the C-3 and G-C zones will continue to be subject to the current noise level standards
Outdoor Entertainment
C-3 & G-C Zones Only
Requires a modification or a new Conditional Use Permit (CUP) Limited hours between 5:00 p.m. – 10:00 p.m.
Monday – Sunday
CUP required
Hours
(Monday – Sunday)
Lmax
5:00 p.m. – 10:00 p.m.
75 dB(A)
10:00 p.m.
No outdoor entertainment of any kind (amplified or non-amplified) *Sound and amplification equipment shall be monitored during business hours by the establishment to ensure that audible noise remains at acceptable levels
Commercial Loading & Unloading
15.90.050(C) include activities involving deliveries and pickups in all Commercial Zones that include:
Rubbish & Garbage Collection - Within 200 feet of a Residential or Mixed-Use Development – between 7:00 a.m. – 9:00 p.m.
Deliveries and Vehicle Loading/Unloading- Within 200 feet of a Residential or Mixed-Use Development – between 7:00 a.m. – 9:00 p.m.
Any time if the property or trash bins are more than 200 feet from Residential or Mixed-Use Development.
Community and Economic Development Department and Police Department enforce the Noise Regulations and Entertainment Permit FMC 15.70, 15.90 & 3.08
Enforcement
Noise Ordinance & CUP Enforcement
If a permit holder fails to comply with the requirements and/or conditions of the CUP or the Entertainment Permit, Code Enforcement can take the following steps:
Issuance of three (3) administrative notices of violation or administrative citations within a six (6) month period may result in a Planning Commission public hearing to suspend, modify or revoke a conditional use permit or ARUP.
Entertainment Permit Enforcement
If a permit holder fails to comply with the operational requirements and/or conditions of the Entertainment Permit, the Chief of Police, in consultation with other city department can take the following steps:
Recommended Actions
Adopt Ordinance No. PC-XXXX
The proposed amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) 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.”