Closed session begins at 5 pm, public may make comments

The City Council will hold a closed session to discuss existing litigation related to Orange County Superior Court Cases No. 30-2024-01405276-CL-UD-CJC and No. 30-2024-01401832-CU-EI-CJC. The sessions will confer with legal counsel regarding eminent domain and inverse condemnation involving Commonwealth & Harbor LLC, which operates Micky’s Irish Pub and High Horse Saloon. The businesses are owned by the Marovic family, who acquired the property from the Florentine family in 2018. The closed session aims to navigate legal strategies while adhering to confidentiality regulations. For further context, refer to the Fullerton Observer’s report on this matter.

Read: https://fullertonobserver.com/2022/03/02/planning-commissioners-say-the-bump-must-go/

The second litigation on the closed session: Ralph and Marie Kaneshiro have filed a lawsuit against the City of Fullerton, identified as case number OCSC 30-2024-01372395-CU-PA-CJC. The litigation pertains to personal injury, property damage, and wrongful death stemming from a motor vehicle accident. Details of the incident are currently limited as the case progresses through the legal system.

There seems to be a third case but the city has not release the case number or name.

The City Council will hold a regular meeting on October 7, 2025, at 5:30 pm, featuring a presentation on the implementation update of the Community Forest Management Plan. Read articlehttps://fullertonobserver.com/2025/10/04/community-forest-management-plan-will-be-presented-to-the-city-council-on-october-7/

City Council Proposes Noise Regulation Revisions for Commercial Areas

Currently, the city’s Noise Ordinance lacks specific decibel thresholds for commercial zones, complicating enforcement efforts. Code Enforcement has often relied on general nuisance provisions, which, while helpful, fall short of providing measurable noise standards. A review by the Fullerton General Plan in 2012 noted this issue and called for updates to the Noise Ordinance.

The council directed staff to evaluate the situation in 2023, leading to the hiring of an acoustical engineering consultant who confirmed high noise levels in commercial areas, especially during evening hours. On September 16, 2025, a draft ordinance was presented, leading to a revised proposal incorporating specific changes designed to regulate noise levels in commercial zones.

Key features of the revised ordinance include:

1. Specific Decibel Limits: The ordinance will set measurable decibel thresholds for noise at the property line of the business generating it, using one-minute and five-minute intervals for assessments.

2. Outdoor Entertainment Regulations: For the first time, outdoor entertainment will be permitted in these zones from 5 to 10 pm, with noise limited to 80 dBA at the property line. For example on a main street in Fullerton, normal traffic noise generally falls in the 60 to 70 decibel range, but can increase significantly depending on the volume and type of vehicles. 

3. Strengthened Enforcement for Entertainment Permits: Businesses with Entertainment Permits receiving three citations in 12 months will be required to attend a remedy meeting with city officials, including the Chief of Police. Continued violations could result in operational restrictions or permit revocation.

4. Enhanced Enforcement Authority: The ordinance includes provisions for the city to modify or revoke land use entitlements or permits in the event of repeated noise violations.

5. Noise Measurement Protocols: Measurements will now take place directly at the property line of the business responsible for the noise.

6. Administrative Citations: Although the council sought higher fines for violations, state law limits administrative penalties. The ordinance instead emphasizes enhanced enforcement tools to ensure compliance.

Zoning Amendment

The second item concerns a zoning amendment request for properties at 3400 and 3404 Gregory Avenue. The applicant seeks to rezone these locations from G-C (General Commercial) to M-G (Manufacturing General) to facilitate the development of a veterinary hospital and ensure consistency with the General Plan Land Use designation. An ordinance for the first reading to approve this zoning change will also be presented.