HomeMy WebLinkAboutAGENDA REPORT 1999 0929 CC SPC ITEM 05ATO:
FROM:
DATE:
CITY OF MOORPARK
AGENDA REPORT
Honorable City Council
ITEM 5. A .
CITY OF MOORPPARK, CALIFORNIA
Redevelopment Agency Meeting
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BY:
Wayne Loftus, Acting Director of Community Developmentel�
Prepared by: John Libiez, Principal Planner /Advanced
September 22, 1999 (For meeting of 9/29/99)
SUBJECT: Consider Zoning Ordinance Amendments ZOA 99 -05,
Lighting Standards; and, ZOA 99 -06, Intermediate Care
Facilities in the RO (Single- family Estate) Zone.
BACKGROUND:
City Council initiated the consideration of the subject Zoning
Ordinance Amendments at the September 1, 1999 meeting.
Consideration of these items was continued to September 15,
1999, and subsequently to this date. Continuation was granted
to permit staff to verify that ordinance language was consistent
to meet guidance from the City Attorney and to address Council
considerations. All modifications have been made and the
amendments are ready for Council final consideration.
DISCUSSION:
Zoning Code Amendments 99 -05 and 99 -06 were advertised together
but may be considered separately for decision purposes. Staff
has provided a separate ordinance for each amendment to
facilitate adoption. Staff has separated the amendments within
the staff report to facilitate Council consideration. It is
suggested that Council consider these matters in the sequence
provided in this report.
1. Zone Ordinance Amendment 99 -06:
Amend Table 17.020.050 of the Zoning Ordinance to add
Intermediate Care Facilities for seven (7) or more persons
within the R -O (Single Family Estate) Zone subject to a
Planning Commission Approved Conditional Use Permit, upon
the application of Tender Loving Care (TLC).
000001
Code Amendments 99- 05/99 -06
September 29, 1999
Page 2
Intermediate Care Uses in the R -O Zone (Zoning Ordinance
Amendment 99 -06)
On August 9, 1999, the Planning Commission adopted Resolution
No. 99 -379, recommending to the City Council that the R -0
(Single Family Estates) Zone be amended to include provisions
for Intermediate Care Facilities for seven (7) or more persons,
with the approval of a Conditional Use Permit by the Planning
Commission. This proposal to consider amendment of the R -0 Zone
was referred to the Commission by the City Council on July 21,
1999, after review of a request submitted by Tender Loving Care
(TLC). Currently all residential zones except the R -O allow
Intermediate Care Facilities for seven or more persons with
approval of a Conditional Use Permit. The State of California
for any level of care facility (residential or intermediate) of
six or fewer persons defines these uses as residential and
allows them in single family zones without local approval
required.
Section 17.08.010 of the Zoning Ordinance - Definitions
identifies, Intermediate Care Facilities:
"Intermediate care facility means a health facility
which provides impatient care to ambulatory or
nonambulatory patients who have a recurring need for
skilled nursing supervision and need supportive care,
but who do not require continuous skilled nursing
care. The term "intermediate care facility" shall
include intermediate care /developmentally disabled
facilities for seven (7) or more persons, nursing
homes for seven (7) or more persons, rest homes and
convalescent homes."
The proposal to amend the Zoning Ordinance as previously noted
was submitted by Tender Loving Care Home Hospice (TLC) who is
also paying for the entire cost of processing the requested code
amendment. Currently, TLC maintains a facility on Maureen Lane
for six (6) or fewer persons that will be proposed for expansion
if the City Council adopts this code amendment.
This amendment would create the opportunity in the R -O zone to
apply for an Intermediate Care Facility for seven (7) or more
persons. Actual use would be implemented after a hearing before
the Planning Commission, as the final decision making body, on a
Conditional Use Permit for a site specific request. Should the
City Council determine to amend the code to include this use,
the resulting provision would be consistent with those of the
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Code Amendments 99- 05/99 -06
September 29, 1999
Page 3
other single family zone districts in the City, including the R-
E (Rural Exclusive) Zone which is the zone designation for
approximately one half (1/2) of the lots on Maureen Lane. An
ordinance (Attachment 1) has been prepared to effect the Zoning
Code Amendment.
2. Zone Ordinance Amendment 99 -05:
Amend the Municipal Code by Adding Chapter 17.30, titled
"Lighting Regulations" upon the application of the City of
Moorpark.
Lighting Regulations (Zoning Ordinance Amendment 99 -05)
On August 9, 1999, the Planning Commission adopted Resolution
No. 99 -376 recommending to the City Council the amendment of the
Zoning Ordinance by adding Chapter 17.30, to incorporate
standards for lighting. City Council referred this item to the
Planning Commission on February 3, 1999, after discussion
concerning impacts of commercial lighting installations on
residential areas.
The proposed ordinance includes the types of fixtures required
and bulbs that are not allowed, and the requirement to submit a
comprehensive lighting plan for review by the City's lighting
engineer. The provision for City review by a consulting
engineer would be handled in a manner similar to the way in
which landscape plans are currently reviewed by the City's
landscape consultant.
Features of this proposed ordinance include:
• Standards and definitions that will provide guidance to the
professional preparing the plans for each project.
• Requirement that all Planned Development Applications include
a comprehensive lighting plan.
• Prohibition on the use of certain types of bulbs including;
low pressure sodium and high intensity mercury vapor.
• Design guidelines related to the placement of the standards
and fixtures, energy efficiency, shielding and the mounting of
poles on pedestals or foundations.
• Provisions for energy conservation require an automatic
shutoff switch to control the amount of light after 10:00pm
except for approved entertainment venues, 24 hour businesses
or unless approved by the Community Development Director.
• Reduction in light output shall be not less than 75% of the
designed output or 50% of the energy load or both.
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0000013
Code Amendments 99- 05/99 -06
September 29, 1999
Page 4
■ Proposed criteria for light poles or standards requiring that
they be mounted flush with surrounding paving when placed in
an area of "hardscape" such as a sidewalk or courtyard or they
may be mounted on a foundation a maximum of six (6) inches
above surrounding grade if within landscaped (planting) areas.
■ Exceptions from the proposed lighting criteria which include,
but are not limited to:
1. Athletic field lighting in a public park or school
campus.
2. Security lighting for medical care facilities.
3. Hazard markers, railroad signals and similar devices.
4. Seasonal lighting displays as part of a religious
celebration.
5. Special Event lighting.
6. Security or safety lighting within single family
residential neighborhoods.
Provisions for non - conforming uses have also been included. As
currently proposed, the repair or rehabilitation of 250 or more
of the fixtures in an existing non - conforming lighting system
would require the entire system to be brought into conformity
with these proposed criteria.
During the early discussions of lighting issues, Council shared
a concern with staff that the issue of coloration /color
temperature of lighting fixtures /bulbs should be considered in
the lighting standards. The initial draft of the lighting
standards chapter contained reference to that issue. Based upon
research material and professional input received, the Planning
Commission concluded that color temperature appeared to be less
of an issue with regard to lighting problems and removed that
discussion from the zoning chapter draft.
The Planning Commission spent considerable time fine tuning the
language proposed by this amendment, and has concluded that the
proposed standards and criteria combined with review of the
plans and specifications by a lighting engineer should avoid
complaints such as those recently heard concerning this issue.
An evaluation of the potential environmental impacts for the
code amendments listed above was performed consistent with the
provisions of the California Environmental Quality Act (CEQA)
and it was determined that except for the Lighting Regulations,
the proposed changes qualified for an Exemption. The Lighting
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Code Amendments 99- 05/99 -06
September 29, 1999
Page 5
Regulations proposal was evaluated and recommended for a
Negative Declaration.
STAFF RECOMMENDATIONS
1. Determine that the proposed Lighting Regulations qualify
for a Negative Declaration and that the Code Amendment
related to care facilities is EXEMPT under provision of
CEQA.
2. Introduce Ordinance No. for first reading, adding
or amending provisions of Table 17.20.050 amending the RO
Zone to the Municipal Code as described in Attachment 1.
3. Introduce Ordinance No. for first reading, adding
Chapter 17.30, "Lighting Standards" to the Municipal Code
as described in Attachment 2.
Attachments:
1. Ordinance No. (Intermediate Care Facilities)
2. Ordinance No. (Lighting Standards)
3. Negative Declaration (Lighting)
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000005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA AMENDING TITLE 17, ZONING, OF THE
MUNICIPAL CODE BY AMENDING TABLE 17.20.050 TO ADD
INTERMEDIATE CARE FACILITIES FOR SEVEN OR MORE PERSONS
AS A CONDITIONAL USE WITHIN THE RO- (SINGLE - FAMILY
ESTATE) ZONE.
WHEREAS, at a duly noticed Public Hearing on September 1,
1999, the City Council of the City of Moorpark considered the
application of the City of Moorpark for amendment of the
Moorpark Zoning Ordinance, Zoning Ordinance Amendment 99 -06,
submitted by Tender Loving Care (TLC); and
WHEREAS, the City Council after review and consideration of
the information contained in the City Council Agenda report, the
Statement of Exemption and testimony has concluded that this
project has no potential for causing a significant effect on the
environment.
WHEREAS, the Planning Commission of the City of Moorpark
did conduct a public hearing on August 9, 1999, and did adopt
Resolution No. PC 99 -379 recommending that the City Council
determine this request exempt from provisions of the California
Environmental Quality Act (CEQA) and approval of the amendment
of Zoning Ordinance Amendment 99 -06.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council has determined that this
project qualifies for an exemption from the provisions of the
California Environmental Quality Act.
SECTION 2. Title 17, Zoning, of the Municipal Code of
the City of Moorpark is amended by adding to Table 17.20.050,
Intermediate Care facilities, as shown upon Exhibit A, attached
hereto and incorporated by reference.
SECTION 3. If any section, sub - section, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council declares that it would have adopted this ordinance and
each section, sub - section, sentence, clause, phrase, part or
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ATTACHMENT 1
OOOO G
Ordinance 99-
Page 2
portion thereof, irrespective of the fact that any one or more
sections, sub - sections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. The City Clerk shall certify to the passage
and adoption of this Ordinance; shall enter the same in the book
of original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which same is passed and adopted; and
shall within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star, a weekly newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark,
and which is hereby designated for that purpose.
PASSED AND ADOPTED this 29th day of September, 1999
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
ATTACHMENTS:
Exhibit A: Amended Table 17.20.050
0000 &7
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
Agriculture and agricultural operations (no retail except
as indicated).
Animal husbandry: Without structures'
With structures: total GFA per lot:
Up to 1,000 sq. ft.
Over 1,000 to 5,000 sq. ft.
Over 5,000 to 20,000 sq. ft.
Over 20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
ApiculturO
Fish farms
More animals than are permitted by Section
17.28.030C
Contractors2 service and storage yards and buildings
Crop production'
Wholesale nursery
Firewood operations
Greenhouse, hothouses and the like: total GFA
per Iot:2
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
310
OS AE RA RE RO R1 R2 RPD TP I
♦ O
®'00008
EXHIBIT A
♦
♦
O
♦
♦
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
♦
♦
O
♦ O
®'00008
EXHIBIT A
20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
Packing or prelim. processing, within structures:
total GFA per lot:'
Up to 5,000 sq. ft
5,001 to 20,000 sq. ft.
20,001 to 100,000 sq. ft.
Over 100,000 sq. ft.
Timber growing and harvesting, and compatible uses
Dwellings, farm worker (more than one per lot)
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 sq. ft. structure
Over 20,000 sq. ft. structure
With public tours or tasting rooms
Accessory structures
To animal husbandry:
Dwelling, caretaker
More than one per lot
Offices
To crop production, including storage
Dwelling, farm worker: On lots of 40 acres
or more
On lots less than 40 acres
More than one per lot
Offices
Produce stands, retail'
Accessory uses, including open storage
Fuel storage'
Insecticides for pest control
Packing, storage or prelim. processing of
crops: Without structure'
Airfields and landing pads and strips, private
Animals, nonagricultural (see also Dwellings, accessory
uses and structures)'
Kennels
Wild animals
Boardinghouses and bed- and - breakfast inns
Care facilities' (see also H&SC and W&IQ .
Day: Care of 12 or fewer persons (State law
requirement related to day care facilities for 7 -12)
Care of 13 or more persons
Intermediate: Care of 7 or more persons
--+7• (see definitions)
Residential: Care of 6 or fewer persons
Care of 7 or more persons
Cemeteries
Accessory crematoria, columbaria and mausoleums
Churches, synagogue and other buildings used for
religious worship
Clubhouses (no 'alcoholic beverages)
311
17.20.050
OS AE RA RE RO R1 R2 RPD TP I
O O O
O O
SEE WITH STRUCTURES, ABOVE
O O O
O O O
O O O
SEE GREENHOUSE
O
O
O
•
•
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
SEE WITH STRUCTURES, ABOVE
O O O
O O O
O O O
SEE GREENHOUSE
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O O
O
O
O
O
O
O
O
O
O
SEE ANIMAL HUSBANDRY
O O O
O
O O O O C
OCOGIC40
n
Eel
0
9
O
O
O
O
O
O
O
O
Q
O
O
O
O
O
O
O
O
O O
O
O
O
O
O
O O
O
O O
O
O
O
O
O.
O
O
O
O
OCOGIC40
n
Eel
0
9
17.20.050
Communications facilities
Drilling, temporary geologic (testing only)
Dwelling, single-family 2.4 (R -P -D zone)
Mobilehome, continuing nonconforming
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, two - family, or two single - family dwellings4
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, multifamily
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, accessory structures
For human habitation:
Mobilehome/RV as temporary dwelling during
construction
Second dwelling2
Room additions
Not for human habitation (with or without bathroom):
Second story patio /deck
Accessory structure over 120 sq. ft.
Over 1,000 sq. ft. per structure; or over
2,000 sq. ft. per lot
Antenna, ground- mounted (noncommercial),
above 40 ft.'
Dwellings, accessory uses
Animals'
Apiculture2
Aviaries
Farm animals2 (other than horses/ponies)
Horses/ponies'-
Pet animals2
More animals than are permitted by Section
17.28.030C
Wild animals
Commercial uses, minor, for project residents
Home occupation
Storage, open 1-2
Education and training
Colleges and universities
Schools, elementary and secondary (boarding and
nonboarding)
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings
Correctional institutions
Fire stations
Law enforcement facilities
Grading'
Within an overlay zone
Hospitals
Hospitals for large animals
Libraries
312
OS AE RA RE RO R1 R2 RPD TP I
0
0
0
0
0
0
0
0
0
0
O
O
O
O
O
O
O
O
O
O
O
O
O
o
a
o
0
0
•
O O O
O O O
O O O
O O O
O O O
O
O
O O O
O O
O O
O
O O O
O
O
O
O O
O O
O
O O
♦ 0
O O
O O
O O
O O
SEE CH?
O O
O O O
O O O O
O
O
O O
•
O
O O O O
O
O O O O
O O O O
O 0 O O
,PIER 17.36
O O
O
O O O O
000® _
17.20.050
000011 1
.;6
OS
AE
RA
RE
RO
R1
R2
RPD
TP
I
.Mineral resource development
O
O
O
Mining and accessory uses
O
O
O
Less than 9 months in duration
O
O
O
O
Public works maintenance
Oil and gas exploration and production=
O
O
O
O
Mobilehome parks2
O
O
O
O
O
O
Model homes/lot sales2; 2 years
More than 2 years
O
O
O
O
O
O
Motion picture and TV production, and related activities
and structures
O
O
O
O
O
O
O
O
O
Temporary (maximum 42 days in any 180 -day period) "'
Pipelines and transmission lines, aboveground'
O
O
O
O
O
O
O
O
O
O
Public utility facilities, excluding offices and service yards'
O
O
O
O
O
O
O
O
O
O
Recreational sport and athletic facilities
Camps2
O
O
O
Campgrounds2
O
O
O
O
Community centers
O
O
O
O
O
For farm workers and nonprofit farm community
organizations
O
O
Q
Fields, athletic
O
O
O
O
O
O
Geothermal spas
Golf courses, except miniature golf'
O
O
O
O
O
O
O
O
Parks
♦
O
♦
♦
♦
♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoor sporting events
0
O
Recreational vehicle parks'
O
O
O
Recreation projects, city - initiated
Caretaker recreational vehicle, accessory'
Retreats': Without sleeping facilities
O
O
O
With sleeping facilities
O
O
O
O
Riding stables
O
O
O
O
With accessory lodging facilities
O
O
Shooting ranges and gun clubs
Signs (see also Section 17.20.040 and Chapter 17.40)
Storage of building materials, temporary2
Trees and native vegetation: Removal, relocation
or damage'
Within an overlay zone
SEE
CHAPTER
17.36
Uses and structures, accessory (other than to agric.
animals or dwellings)
♦
♦
♦
♦
♦
♦
♦
♦
O
O
To a use requiring a PD permit or CUP
Dwelling, caretaker
SEE SECTION 17.44.080A
Waste treatment and disposal
O
O
O
O
O
Water production, storage and distribution facilities:
Private purveyors"
O
O
O
O
O
O
O
O
O
O
Notes for Table 17.20.050:
1. See also Section 17.20.040.
2. There are specific regulations for this use; see Chapter 17.28.
3. See Chapter 17.32 for parking standard.
4. Most public water facilities are exempt from these regulations.
(Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994)
313
(Moorpark
12 -98)
000011 1
.;6
ORDINANCE NO.
AN ORDINANCE OF THE
MOORPARK, CALIFORNIA,
THE MUNICIPAL CODE BY
REGULATIONS PERTAININ
PROJECTS WITHIN ALL
CITY OF MOORPARK.
CITY COUNCIL OF THE CITY OF
AMENDING TITLE 17, ZONING, OF
ADDING CHAPTER 17.30 TO PROVIDE
G TO LIGHTING FOR DEVELOPMENT
ZONING DESIGNATIONS WITHIN THE
WHEREAS, at a duly noticed Public Hearing on September 1,
1999, the City Council of the City of Moorpark considered the
application of the City of Moorpark for amendment of the
Moorpark Zoning Ordinance, Zone Ordinance Amendment 99 -05, and a
Negative Declaration concerning potential environmental
consequences of the proposed zoning ordinance; and
WHEREAS, the Planning Commission of the City of Moorpark
did conduct public hearings on June 14, 28 and July 26, 1999,
and did adopt Resolution No. Planning Commission 99 -376
recommending that the City Council approve Zone Change 99 -05,
and the Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council determined that the
negative Declaration /Initial Study for this Zoning Ordinance
Amendment is complete, has been prepared in compliance with CEQA
and City policy, and the contents in the Negative
Declaration/ Initial Study have been considered in the decisions
on the proposed Zoning Ordinance Amendment.
SECTION 2. Title 17, Zoning, of the Municipal Code of
the City of Moorpark is amended by adding thereto Chapter 17.30,
Lighting Regulations, as shown upon Exhibit A, attached hereto
and incorporated by reference.
SECTION 3. If any section, sub - section, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council declares that it would have adopted this ordinance and
each section, sub - section, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more
sections, sub - sections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
ATTACHMENT 2
0000112>
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. The City Clerk shall certify to the passage
and adoption of this Ordinance; shall enter the same in the book
of original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which same is passed and adopted; and
shall within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star, a daily newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark,
and which is hereby designated for that purpose.
PASSED AND ADOPTED this 29th day of September, 1999
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
ATTACHMENTS:
Exhibit A: Zoning Code Textual Amendment, Chapter 17.30,
Lighting Regulations
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Development\ Everyone\ JLIBIEZ \ORDlightingZCamendRevl.doc
000013
CHAPTER 17.30
LIGHTING REGULATIONS
Sections:
17.30.010 Purpose and Intent
17.30.020 Definitions
17.30.030 Applicability
17.30.040 General requirements
17.30.050 Prohibited lighting
17.30.060 Plans Required
17.30.070 Design Standards
17.30.080 Certification /Testing
17.30.090 Exemptions
17.30.100 Enforcement
17.30.110 Non - conforming systems
17.30.010 Purpose and Intent
The purpose and intent of this
Chapter is to provide regulation
of lighting systems constructed
on properties within the various
zones in the City of Moorpark.
The City recognizes that
lighting has both a practical
and aesthetic value and is an
integral portion of any
development. The City also
recognizes that improperly
installed lighting, illegal
lighting, or improperly
maintained lighting, creates
impacts upon astronomical
resources within the community
and creates conflicts and
nuisance impacts upon abutting
properties and is wasteful of
energy resources by causing
energy to be expended without
producing additional useful
light.
17.30.020 Definitions
Words and terms as used in
this Chapter shall have the
meanings set forth in this
section. Words or terms not
defined herein shall have the
generally accepted meaning as
defined elsewhere within this
Title.
a. Candlepower. Total light
output expressed in candelas.
b. Drop down lens. A light
directing diffuser or lens which
is shaped so that it lays or
falls below the horizontal plane
of the bottom of the fixture,
thus resulting in direct viewing
of the lens from above the
horizontal plane.
c. Glare. The effect produced by
lighting sufficient to cause
annoyance, discomfort, or loss
in visual performance and
visibility. For the purposes of
this chapter, glare occurs when
the luminaire (or associated
lens) of a light fixture is
directly viewable from a
location off the property that
it serves.
d. Human scale. The proportional
relationship of a particular
building, structure, or
streetscape element to human
form and function.
e. Luminaire or luminary. The
light producing element of a
light fixture. Examples are
bulbs and tubes. Direct viewing
of luminaries of greater than
1000 lumens per fixture is
undesirable.
f. Secondary luminaire. For the
purpose of this chapter a
diffusing lens between the bulb
and the viewer is not considered
an obstruction to the direct
view of a single luminaire and
is considered a secondary
luminaire.
EXHIBIT A.
0000.14
g. Spillover. In practical
terms, a close relative of
glare. Spillover occurs when
the illumination intensity
outside the property boundaries
exceeds 1 foot - candle.
17.30.030 Applicability
The regulations contained
within this Chapter shall apply
to all residential, commercial,
industrial, and institutional
zoned lands and projects, except
additions or remodels of single
family homes within the City of
Moorpark. These regulations
shall apply to all specific plan
areas and are intended to
augment lighting standards and
regulations contained within any
adopted specific plan. Where
the regulations of this Chapter
and any previously adopted
standards for lighting may
conflict, the more restrictive
regulation shall apply.
17.30.040 General Requirements
a. Lighting permitted within
any development shall be limited
to those levels necessary to
provide safety and security to
the site.
b. Use of low intensity
lighting for aesthetic purposes
in order to enhance or accent
building features, public art,
or landscape architectural
features of a project is
encouraged. Such lighting shall
not spill over onto, or extend
beyond the property -line or into
adjacent public right -of -way.
c. All lighting systems shall
meet adopted uniform codes and
standards of the City.
d. All lighting system
components shall be kept in good
repair and service. Periodic
cleaning,
servicing
fixtures
required.
shall be
nuisance.
painting and
of supports, globes,
and foundations is
Poor maintenance
considered a public
e. All lighting fixtures or
elements shall be decorative and
shall be compatible with the
architectural style of the
buildings within the project
location.
17.30.050 Prohibited lighting
The following types of
lighting shall be prohibited
within the City of Moorpark.
a. Any outdoor lighting device
erected, installed, modified or
reconstructed without proper
plans and permit approvals.
b. Flashing, alternating or
blinking lights, other than
traffic or hazard lights or
those permitted under the sign
regulations contained in Chapter
17.40.
C. Low pressure sodium lights
d. High intensity mercury vapor
security lights (with fixture
not properly implemented to
shield direct viewing of the
luminaire or the light shaping
lens /diffuser from off the
property) in other than rural
residential or agricultural
areas.
e. Any luminaire that is viewed
directly with no intervening
lens or shielding element, other
than bare bulbs, tube lighting,
or approved neon lighting.
f. Drop down lens.
M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page 2
0000115
17.30.060 Plans Required
All commercial, industrial
institutional, and residential
projects approved after the
effective date of this Chapter
shall have the lighting system
and its components, to be
incorporated within that
project, approved by the City's
lighting engineer prior to
issuance of building permits for
that project. Projects approved
prior to the effective date of
this Chapter shall comply with
the provisions of this Chapter
to the extent feasible,
consistent with Section
17.30.110
Each lighting plan shall
incorporate electrical plans and
structural plans which detail
the provision of lighting
systems for exteriors of all
buildings, parking lots, loading
areas, walkways, public use
areas, public art displays,
fountains, or'landscape areas.
Lighting plans shall be
prepared, signed and certified
by a civil or electrical
engineer licensed and /or
registered within the State of
California to prepare and
certify lighting system
designs /plans.
Lighting plans shall, as a
minimum, include and exhibit the
following:
a. Style, size, height and
location of any poles used to
support lighting fixtures or
electroliers.
b. Size, height and location of
any foundation systems upon
which light poles may be
erected.
C. Style, type, location and
quantity of fixtures and or
electroliers, whether pole
mounted, bollard mounted or
building mounted.
d. Number and wattage of
luminaries /bulbs /electroliers.
e. Shields, cut -off mechanisms,
or diffusers used with each
fixture.
f. Construction structural and
mounting details for all
installations.
g. All exterior lighting plans
shall be photo- metric consisting
of a point by point foot - candle
layout based upon a 10 foot grid
center and extended to twenty
feet beyond the property line.
h. Lighting plans shall be
prepared to scale, and shall be
accompanied by dimensioned
detail sheets, materials
catalogues, and specifications
to aid in the identification and
evaluation of proposed lighting
system components.
e. The application for such
lighting plans should be made on
the form provided by the
department of community
development. A fee, as
established by city council
resolution is required to
accompany each application for a
lighting plan.
17.30.070 Design Guidelines
a. General guidelines.
M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc
1. All lighting shall be
stationary and directed away
from all adjacent properties
and streets /rights -of -ways.
Page 3
O(IOn-I P_
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
X NEGATIVE DECLARATION
MITIGATED NEGATIVE DECLARATION
I. PROJECT DESCRIPTION: Adoption of a new chapter, Chapter 17.30,
"Lighting Regulations" to the Moorpark municipal Code.
1. Entitlement:
Zone Change No. 99 -05,
2. Applicant:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
Attention: John Libiez, Principal Planner
3. Proposal:
Amend the City Zoning Code to add Chapter 17.70 titled, "Lighting
Regulations."
4. Location:
The project will affect all zones within the City of Moorpark
5. Responsible Agencies: None.
II. STATEMENT OF ENVIRONMENTAL FINDINGS:
An initial study was conducted by the Community Development
Department to evaluate the potential effects of this project upon
the environment. Based upon the findings contained in the
attached initial study, it has been determined that this project
would not have a significant effect upon the environment and will
upon implementation incrementally benefit the reduction of
excessive light trespass which can affect local astronomical
resources.
III. PUBLIC REVIEW:
1. Public Notice: Publication of a Notice in a newspaper of
general circulation in the area.
2. Document Posting Period: 4/30/99 to 5/24/99
Initially Prepared on: May 24, 1999.
Prepared by:
John Libiez,
Principal Planner
April 30, 1999
MV LibiezlMICEQAL7CamendfighhngND .doc ATTACHMENT it 3 11
INITIAL STUDY
1. Entitlements: Zone Change No. 99 -05, Amend Zoning Code text.
2. Agency Contact: Community Development Department, City of
Moorpark, 799 Moorpark Avenue, Moorpark, California, 93021,
(8 05) 529 -6864.
Project Applicant: City of Moorpark
3. Address: see Agency Contact above
4. Project Location: City -wide in all Zoning Districts
5. Assessor Parcel No: Not Applicable
6. General Plan Designation: All land use designations
7. Zoning: All Zoning classifications
8. Description of Project:
Zone Change No. 99 -05 a change in the Zoning Code text to
Add Chapter 17.30 "Lighting Regulations" to the City of
Moorpark Municipal Code.
9. Description of Project Site: All zoning designations
within the corporate limits of the City of Moorpark.
10. Surrounding Land Uses and Setting: Not Applicable
11. Other Responsible Public Agencies: None.
12. Is the proposed project consistent with:
Moorpark
General Plan
Yes
X
No
N /A!
Moorpark
Municipal Code
Yes_X_
No
N/A
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially
affected by this project, involving impacts that have a
"Potentially Significant Impact" as indicated by the checklist
on the following pages.
000022
0 Land Use & Planning
❑
Transportation /Circulation
❑ Public Services
❑
Population & Housing
❑ Biological Resources
X
Utilities & Service Systems
0 Geological Problems
X
Energy & Mineral Resources
X Aesthetics
❑
Water
❑ Hazards
❑
Cultural Resources
0 Air Quality
0
Noise
X Recreation
X
Mandatory Findings of
Significance
ARE ANY OF THE FOLLOWING STUDIES REQUIRED:
13. Noise Study Yes No X N/A
14. Tree Study
15. Archaeological Report
16. Biology Report
17. Geotechnical Report
18. Soil borings and assessment
for liquefaction potential
19. Traffic Study
20. Other: (identify below)
DETERMINATION:
Yes
No
X
N/A
Yes
No
X
N/A
Yes
No
X
N/A
Yes
No
—X—
N/A
Yes
No
—X—
N/A
Yes
No
—X—
N/A
On the basis of this initial evaluation:
I find that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case. A NEGATIVE DECLARATION will be
prepared.
May 24, 1999
John Libiez
Principal Planner
000023
DETERMINATION:
On the basis of this initial evaluation:
• I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION will be
prepared. X
• I find that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because the mitigation
measures described on an attached sheet have been added to
the project. A MITIGATED NEGATIVE DECLARATION will be
prepared. ❑
• I find that the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required. ❑
• I find that the proposed project MAY have a significant
effect (s) on the environment, but at least one effect (1) has
been adequately analyzed in an earlier document pursuant to
applicable legal standards, and (2) has been addressed by
mitigation measures based on the earlier analysis as described
on attached sheets, if the effect is a "potentially
significant impact" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but
it must analyze only the effects that remain to be addressed.
• I find that although the proposed project could have a
significant effect on the environment, there WILL NOT be a
significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an
earlier EIR pursuant to applicable standards and (b) have been
avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the
proposed project. ❑
May 24, 1999 John Libiez, Principal Planner
00002,4
I. LAND USE AND PLANNING. Would the proposal:
1. Conflict with general plan designation or zoning?
❑ ❑ ❑ X
Response: The proposed code amendment would regulate the type
and intensity of lighting used within all zoning districts in
the City. The proposed amendment would reduce light pollution
and impact to astronomical assets within the community.
2. Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project?
❑ ❑ ❑❑ X
Response: The City of Moorpark is the agency with sole
jurisdiction over this proposal. A Negative Declaration has been
prepared in accordance with the CEQA guidelines and standard
conditions.
3. Be incompatible with existing land use in the vicinity?
❑ ❑ ❑ X
Response: The proposed lighting standards will reduce conflicts
between uses by ensuring positive control of development lightin
to minimize impacts to adjacent properties.
4. Affect agricultural resources or operations (e.g., impacts
to soils or farmlands), convert agricultural land to
nonagricultural use, and /or result in an inadequate buffer
between incompatible land uses?
❑ ❑ ❑ X
Response: The regulations do not impact upon the use of
agricultural lands.
5. Disrupt or divide
established communit,
community) ?
Response: The regulations
the community and do not
developments.
the physical arrangement of an
t (including a low - income or minority
❑ ❑ ❑ X
will apply to all land use areas of
impact on the physical arrangement of
II. POPULATION AND HOUSING. Would the proposal:
000025
6. Cumulatively exceed official regional or local population
projections? ❑ ❑ ❑ X
Response: Not applicable.
7. Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area or
extension of major infrastructure)?
❑ ❑ X 0
Response: Not Applicable.
8. Displace existing residents or housing, especially
affordable housing?
❑ ❑ ❑ X
Response: Not Applicable
III. GEOLOGIC PROBLEMS. Would the proposal result in or expose
people to potential impacts involving:
9. Fault rupture? ❑ ❑ ❑ X
Response: Not applicable.
10. Seismic ground shaking?
0 ❑ ❑ X
Response: Not Applicable.
11. Seismic ground failure, including liquefaction?
❑ ❑ ❑ X
Response: Not Applicable.
12. Seiche, tsunami, or volcanic hazard?
❑ ❑ ❑ X
Response: Not Applicable.
13. Landslides or mudflows?
❑ ❑ ❑ X
Response: Not Applicable.
14. Erosion, changes in topography or unstable soil conditions
from excavation, grading, and /or fill?
❑ ❑ ❑ X
Response: Not Applicable.
15. Subsidence of the land? ❑ ❑ ❑ X
Response: Not Applicable.
16. Expansive soils? ❑ ❑ ❑ X
Response: Not Applicable.
0000"ZG
17. Unique geologic or physical features?
❑ ❑ 0 X
Response: Not Applicable.
IV. WATER. Would the proposal result in:
18. Changes in absorption rates, drainage patterns, or the rate
and amount of surface runoff?
❑ ❑ ❑ X
Response: Not Applicable.
19. Exposure of people or property to water related hazards
such as flooding?
❑ ❑ ❑ X
Response: Not Applicable.
20. Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved oxygen
or turbidity) ?
❑ ❑ X ❑
Response: Not Applicable.
21. Changes in the amount of surface water in any water body?
❑ ❑ X 0
Response: Not Applicable.
22. Changes in currents, or the course or direction of water
movements? ❑ ❑ ❑ X
Response: Not applicable.
23. Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability?
❑ D ❑ X
Response: Not applicable.
24. Altered direction or rate of flow of ground water?
❑ ❑ ❑ X
Response: Not applicable.
25. Impacts to groundwater quality?
❑ ❑ ❑ X
Response: Not applicable.
000OZ 1
26. Substantial reduction in the amount of groundwater
otherwise available for public water supplies?
❑ ❑ ❑ X
Response: Not applicable.
27. Location of project within a 100 -year flood hazard area as
identified on the Federal Emergency Management Agency Flood
Insurance Rate Map for the City of Moorpark?
❑ ❑ ❑ X
Response: Not applicable.
V. AIR QUALITY. Would the proposal:
28. Violate any air quality standard or contribute to an
existing or projected air quality violation?
❑ ❑ ❑ X
Response: Not Applicable.
29. Expose sensitive receptors to pollutants?
❑ ❑ ❑ X
Response: Not Applicable.
30. Alter air movement, moisture, or temperature, or cause any
change in climate?
❑ ❑ ❑ X
Response: Not applicable.
31. Create objectionable odors?
❑ ❑ ❑ X
Response: Not applicable
32. Result in a sigi
on the estimated
in the Ventura
Guidelines for
Analyses?
zificant
date of
County
the Pr,
Response: Not applicable.
adverse air quality impact (based
project completion), as identified
Air Pollution Control District's
sparation of Air Quality Impact
❑ ❑ X
33. Result in a significant cumulative adverse air quality
impact based on inconsistency with the Ventura County Air
Quality Management Plan?
❑ ❑ ❑ X
Response: Not applicable.
0 000,8
VI. TRANSPORTATION /CIRCULATION. Would the proposal result in:
34. Increased vehicle trips or traffic congestion?
❑ ❑ ❑ X
Response: Not applicable
35. An intersection level of service less than the City's
system performance objective?
El ❑ ❑ X
Response: Not applicable.
36. Hazards to safety from design features (e.g. sharp curves
or dangerous intersections) or incompatible uses (e.g. farm
equipment)?
❑ ❑ ❑ X
Response: Not applicable.
37. Inadequate emergency access or access to nearby uses?
❑ ❑ ❑ X
Response: Not applicable.
38. Insufficient parking capacity on -site or off -site?
❑ ❑ ❑ X
Response: Not applicable.
39. Hazards or barriers for pedestrians or bicyclists?
❑ ❑ ❑ X
Response: Not applicable.
40. Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
0 ❑ ❑ X
Response: Not applicable.
41. Rail traffic impacts?
❑ ❑ ❑ X
Response: Not applicable.
VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts
to:
42. Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds)?
❑ ❑ ❑ X
000029
Response: Not applicable.
43. Locally designated natural communities (e.g. oak woodland,
riparian woodland, coastal sage scrub, etc.)?
❑ ❑ ❑ X
Response: Not applicable.
44. Wetland habitat (e.g. riparian woodland or vernal pool)?
❑ ❑ ❑ X
Response: Not applicable.
45. Wildlife dispersal or migration corridors?
❑ ❑ ❑ X
Response: Not applicable.
VIII.ENERGY AND MINERAL RESOURCES. Would the proposal:
46. Conflict with adopted energy conservation plans?
❑ ❑ X ❑
Response: The proposed project would result in the definition of
design plans for development of lighting systems serving all
zoning districts. Photometric plans required by the code change
will strengthen efforts at conservation. The code amendment
incorporates language that would seek to reduce energy
consumption.
47. Use non - renewable resources in a wasteful and inefficient
manner? ❑ ❑ ❑ X
Response: Not applicable.
48. Result in the loss of availability of a known mineral
resource that would be future value to the region and the
residents of the State?
❑ ❑ ❑ X
Response: Not applicable.
IX. HAZARDS. Would the proposal involve:
49. A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? ❑ ❑ ❑ X
Response: Not applicable.
50. Possible interference with an emergency response plan or
emergency evacuation plan?
❑ ❑ ❑ X
Response: Project has no impact.
0000
51. The creation of any health hazard or potential health
hazard? ❑ ❑ ❑ X
Response: Not applicable.
52. Exposure of people to existing sources of potential health
hazards? ❑ ❑ ❑ X
Response: Not applicable.
53. Increased fire hazard in areas with flammable brush, grass,
or trees? ❑ ❑ ❑ X
Response: Not applicable
54. Project located within or adjacent to a high fire hazard
area as defined by the Ventura County Fire Protection
District? ❑ ❑ ❑ X
Response: Not applicable.
X. NOISE. Would the proposal result in:
55. Increases in existing noise levels?
❑ ❑ ❑ X
Response: Not applicable.
56. Exposure of people to conditionally acceptable or
unacceptable noise levels based on the City's Noise
Element? ❑ ❑ ❑ X
Response: Not applicable.
XI. PUBLIC SERVICES. Would the proposal have an effect upon,
or result in a need for new or altered government services
in any of the following areas:
57. Fire protection? ❑ ❑ ❑ X
Response: Not applicable.
58. Police protection? ❑ ❑ X ❑
Response: The proposed regulations create standards that must be
met. Violations of the regulations are infractions and may
require code enforcement and /or police personnel to issue
citations of violations.
59. Schools?
❑ ❑
X
❑
Response: The
proposed regulations will
apply
to all
institutional uses
and therefore may have minor
impacts
to the
School District when developing new sites that require major
light systems.
60. Maintenance of public facilities, including roads and
parks? ❑ ❑ X ❑
Response: The proposed regulations will affect City owned assets
such as parks and play fields and civic center when retrofitting
lighting systems or installing new systems.
61. Other governmental services?
❑ ❑ X ❑
Response: Other agencies may be affected by the compliance
provisions of the regulations when providing rehabilitation or
reconstruction of lighting systems.
XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result
in a need for new systems or supplies, or substantial
alterations to the following utilities:
62. Power or natural gas? ❑ ❑ X ❑
Response: The proposed project would help to reduce demands on
existing energy systems. Design criteria seek to encourage
conservation of energy resources and to limit the demand while
still providing lighting systems that address security and
safety.
63. Communications systems? ❑ ❑ ❑ X
Response: Not applicable.
64. Local or regional water treatment or distribution
facilities? ❑ ❑ ❑ X
Response: Not applicable.
65. Sewer or septic tanks? ❑ 0 ❑ X
Response: Not applicable
66. Storm water drainage? ❑ ❑ ❑ X
Response: Not applicable.
67. Solid waste disposal? ❑ ❑ ❑ X
Response: Not applicable
68. Local or regional water supplies?
❑ ❑ ❑ x
Response: Not applicable.
0000 a.:.;
XIII. AESTHETICS. Would the proposal:
69. Affect a scenic vista or scenic highway?
❑ ❑ 0 X
Response: The lighting fixtures, and specific fixture design
guidelines within the regulations seek to foster development
that should not significantly interfere with view sheds. Use of
accent lighting as contained within the regulations may add a
dimension to project aesthetics not previously incorporated to
projects.
70. Result in the loss, covering,
geologic or physical features?
Response: Not applicable.
or modification of any unique
U
0 X
71. Result in hillside grading that is inconsistent with the
purpose and intent of the City's Hillside Management
regulations contained in Chapter 17.38 of the Zoning Code?
❑ ❑ ❑ X
Response: Not applicable.
72. Create an aesthetically offensive site open to public view?
❑ 0 X ❑
Response: Architectural design of projects must now include
attention to lighting as a formal portion of the project review
of all required agencies, and the conditions of approval will
insure that the site is not offensive and has a design which is
compatible with the requirements of the Zoning Ordinance
complements the surrounding land uses.
73. Result in the loss of
tree or stand of mature
Response: Not applicable
a distinctive historic or landmark
trees?
J
❑ X
74. Create light or glare? ❑ ❑ X ❑
Response: Development of a vacant sites always leads to an
increase in lighting on a site. The proposed regulations will
introduce a lighting level design criteria for development
compatible with adjacent land uses. Formal design standards will
minimize the lighting impact on adjacent properties.
XIV. CULTURAL RESOURCES. Would the proposal:
75. Disturb paleontological resources?
0 ❑ 11 X
Response: There are no known paleontological, archaeological or
historical sites identified within the vicinity of the project
site, and there are no existing historical structures.
76. Disturb archaeological resources?
❑ ❑ ❑ X
Response: Not applicable
77. Affect historical resources?
❑ ❑ ❑ X
Response: Not applicable.
78. Have the potential to cause a physical or aesthetic change
which would affect unique ethnic cultural values?
❑ ❑ ❑ X
Response: Lighting regulations will have positive effects on
aesthetics but will have no effect upon cultural resources.
79. Restrict existing religious
potential impact area?
Response: Not applicable.
or sacred uses within the
XV. RECREATION. Would the proposal:
80. Increase the demand for neighborhood
other recreational facilities?
❑ ❑
Response: Not applicable.
❑ X
or regional parks or
❑ X
81. Affect existing recreational opportunities?
❑ ❑ X ❑
Response: The proposed regulations will require that agencies
adhere to the new standards for lighting systems when
revitalizing sites, or during required maintenance inspections.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
82. Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self- sustaining levels, threaten
to eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods
of California history or prehistory?
❑ ❑ ❑ X
000034
83. Does the project have the potential to achieve short -term,
to the disadvantage of long -term, environmental goals?
❑ ❑ ❑ X
84. Does the project have impacts that are individually
limited, but cumulatively considerable? (Cumulatively
considerable? Means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
❑ ❑ ❑ X
85. Does the project have environmental
cause substantial adverse effects on
directly or indirectly?
❑ ❑
XVIII. REFERENCE LIST:
effects which will
human beings, either
❑ X
The references used in responding to this questionnaire
include the following:
Standard References
1. EIR for Moorpark Land Use and Circulation Element
Update and Sphere of Influence Expansion Study (1992).
2. General Plan of the City of Moorpark.
3. Moorpark Municipal Code, including Title 17, Zoning.
000035