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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 of 5PEC1A-L. f- tEE77NG= q- 29 -/49g AggCTION- B�4 c c vim= ef+/nCTJ TRO NG 7hi9r F}DOE� CH. 17.3 OR F /SST STi'tNOt}RDa•• ��}} O `Ldloi't77�Ro 7a CO(.1/I.L^.11, 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 \ \MOR_PRI_SERV \City Share \Community Development\ Everyone \JLIBIEZ \ZOA99 - 05;99- 06CCrpt92999Revl.doc 000002 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. \ \MOR PRI_SERV \City Share \Community Development\ Everyone \JLIBIEZ \ZOA99 - 05;99- 06CCrpt92999Revl.doc 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 \ \MOR PRI_SERV \City Share \Community Development\ Everyone \JLIBIEZ \ZOA99 - 05;99- 06CCrpt92999Revl.doc 00000_' 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) \ \MOR PRI_SERV \City Share \Community Development\ Everyone \JLIBIEZ \ZOA99 - 05;99- 06CCrpt92999Revl.doc 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 \ \MOR_PRI_SERV \City Share \Community Development\ Everyone\ JLIBIEZ\ finalordtable1720050carefacsRevl .doc 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 \ \MOR_PRI_SERV \City Share \Community 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