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HomeMy WebLinkAboutAGENDA REPORT 1999 1006 CC REG ITEM 09AFROM: DATE CITY OF MOORPARK AGENDA REPORT Honorable City Council --A 2 rm4 • CITY OF MOORPARK, C.4 ,1FORIVIA City Council Meeting of 00d)e, 6" 1c "9 ACTION: ('1111111- /Z% 1C , tl /'1't z�ISC'�15SrG1? BY:J Wayne Loftus, Director of Community Developmentzr/- Prepared by: John Libiez, Principal Planner /Advanc&d)W September 30, 1999 (For meeting of 10/6/99) SUBJECT: Consider Zoning Ordinance Amendment ZOA 99 -05, Lighting Standards. BACKGROUND: Consideration of the subject Zoning Ordinance Amendment was initiated on September 1, 1999, and subsequently continued to September 15 and 29, 1999. Continuance was needed to permit staff to revise language in portions of the proposed zoning chapter to meet City Council considerations and advice of the City Attorney. DISCUSSION: All modifications to the ordinance and attachment text have been made and the amendments are ready for Council final consideration. 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 00000 Agenda Report: Lighting October 6, 1999 Page 2 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 750 of the designed output or 500 of the energy load or both. • 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 reconstruction of 25% or more of the fixtures in an existing legal non - conforming lighting system would require the entire system to be brought into conformity with these proposed criteria. M: \JLibiez \M \CodeAmnd\ Lighting \CCstfrprtl0699lighting.doc 000002 Agenda Report: Lighting October 6, 1999 Page 3 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 amendment listed above was performed consistent with the provisions of the California Environmental Quality Act (CEQA) and it was determined that the Lighting Regulations proposal be recommended for a Negative Declaration. STAFF RECOMMENDATIONS 1. Make a motion determining that the proposed Lighting Regulations qualify for a Negative Declaration under CEQA Rules, and adopt said Negative Declaration. 2. Introduce Ordinance No. for first reading, adding Chapter 17.30, "Lighting Standards" to the Municipal Code as described in Attachment 1. Attachments: 1. Ordinance No. (Lighting Regulations) 2. Negative Declaration (Lighting) M: \JLibiez \M \CodeAmnd\ Lighting \CCstfrprtl0699lighting.doc 000003 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 1 0000011 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 6th day of October, 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ATTACHMENTS: Exhibit A: Zoning Code Textual Amendment, Chapter 17.30, Lighting Regulations S: \Community Development\ Everyone\ JLIBIEZ \ORDlightingZCamendRevl.doc OUOOaJ 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. 000006 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. 17.30.040 General Requirements a. Lighting permitted 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, painting and servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a public nuisance. e. All lighting c shall be decorative and compatible with architectural style buildings within the location. omponents shall be the of the project 17.30.050 Prohibited lighting The following types of lighting shall be prohibited within the City of Moorpark. a. Any outdoor lighting sytem 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. 17.30.060 Plans Required All commercial, industrial institutional, and residential projects, except additions, approved after the effective date of this Chapter shall have the lighting system and its components, to be incorporated M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Pag``e,,2 y 00006 f 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. 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. 2. Lighting systems shall be energy efficient. 3. Lights shall be shielded or recessed to direct glare and reflections within the boundaries of the property. Page 3 0000; 4. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of fixtures shall not be of unusually high intensity or brightness such that hot spots are created. 5. All lighting fixtures shall be appropriate in scale, intensity and height to the use to be served. 6. All walkway lighting, public space lighting, patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 7. Security lighting shall be provided at all entrances and exits to buildings. 8. All lighting fixtures shall incorporate full cut- off features such that the luminaire is not visible and that spillover or direct light emissions do not extend beyond the property line or into adjacent public right - of -way. 9. Concrete pedestals, bases or foundations intended for the mounting of poles shall be restricted in height and bulk to that necessary to provide adequate, safe anchorage for poles and fixtures, but shall in no case exceed the heights specified in section 17.30.070d. All concrete pedestals shall be painted or stucco coated to be compatible with the project architectural elevations, or to blend with the landscape areas in which they are constructed. 10. Unshielded pack lighting fixtures and area wide flood lighting are prohibited. b. Lighting Pole Height. 1.Residential. 14 feet 2.Commercial. 20 feet 3.Industrial. 25 feet 4.Institutional. 20 feet c. Lighting Values. 1.Exterior parking areas: 7 foot - candles maximum; 1 foot candle minimum. 2.Interior parking areas: 10 foot - candles minimum. 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Fluorescent units: 100 watts fixture. Such unit shielded so that lenses are not outside the illuminated area. lighting per light s shall be tubes or viewable intended d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed six inches (6 ") in height when placed adjacent to sidewalks, within planters, or within parking lots. Light fixtures when placed in a hardscape area shall be mounted flush with the surrounding paving or hardscape. e. Pole and pedestal clearances. 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page 4 O , OOG9 3. Parking space: side - 2 feet; head - 3 feet 4. Trash enclosure: 3 feet from any vehicle approach 5. Drive aisles: 3 feet 6. Edge of sidewalk: 2 feet f. Minimum Fixture vertical clearance. 1. Over driveways /aisles: 14 feet 2. Over walkways: 8 feet g. Shielding /shrouds. All lighting fixtures shall be designed and installed such that no light will be emitted above the horizontal plane. Integral cut -off devices or shields and /or the addition of external shrouds of compatible architectural design to the buildings shall be used to limit stray light. h. Automatic shutoff. All lighting systems shall be designed to include an automatic shutoff control with manual override capability such that only a minimum number of fixtures remain on after the closing time of the facility which they serve. It is the intent of this sub - section that significant reductions in night time light glow occur. Reductions shall not be less than 75% of the designed lighting output and 50% of the energy load of the system after the hour of 10 P.M., except for approved entertainment venues, businesses for which conditions of approval permit operation beyond 10 P.M. and twenty -four hour businesses, or unless otherwise approved by the Director of Community Development, upon recommendation of the City's Lighting engineer that a significant amount of energy will not be saved or the existing level of light is needed for safety or security around the premises. 17.30.080 Certification /Testing Each lighting plan shall meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. The applicant's engineer shall prepare and certify that the plan has been prepared in accordance with this Chapter and any design materials furnished by the City's lighting engineer. The City's lighting engineer shall review and approve the plans and certify to their compliance with this chapter and any applicable design guidelines. The City's lighting engineer shall sign all zoning clearances necessary to issue building permits for the implementation of the lighting plans. Prior to final inspection, or where applicable, issuance of a Certificate of Occupancy, the City lighting engineer shall cause to be performed a photometric field inspection of the approved lighting system for the project. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page 5 000010 through light meter testing and pedestrians and motorists, or observation, and determine the cause sufficient attraction extent of any errant lighting. to result in creation of a Deviations and or violations nuisance or hazard to shall be corrected prior to the vehicular traffic. final clearance for the project. g. Temporary sale or special 17.30.090 Exemptions event lighting as permitted The criteria of this Chapter through the issuance of shall not apply to any of the appropriate permits by the following: City. a. One incandescent bulb of 100 h. Repair or replacement of watts or less used in low individual lighting fixtures density residential or rural existing prior to the lighting areas, provided such effective date of this fixture is shielded so as not Chapter, provided that the to emit light above the fixture and /or the luminaire horizontal plane or beyond repaired or replaced does not the property line. exceed the intensity of the original lighting fixture and b. Athletic field lights within further provided that the a public park, recreation or repair or replacement is school campus established subject to any required pursuant to special plans permits. meeting recognized standards for such facilities i. Safety or security lighting constructed in accordance within single family with a photometric plan for residential neighborhoods these facilities. Non- recommended by Police or horizontal fixtures are special security inspections discouraged. as part of a Neighborhood Watch program provided such c. Navigation beacons, aircraft lighting shall not create a warning lighting upon towers nuisance to abutting or similar structures, hazard properties as a result of markers, railroad signals and spillover. To the extent crossing warning devices. that the prescribed lighting is not diminished in d. Security lighting for prison, effectiveness, all such jail facilities, medical lighting shall incorporate facilities or special health motion detectors, photocells care facilities. or similar devices to activate the special light e. Traffic control devices. fixtures, but shall be provided with a manual f. Seasonal lighting displays switching device to override used in conjunction with the fixture when necessary. special holidays or religious celebrations so long as the 17.30.100 Violation - Penalties glare is not sufficient to It shall be unlawful for any pose safety hazards to person to install, replace, M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page 6 0000' reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or residential property within the City of Moorpark not in compliance with the provisions of this Chapter. Any person who violates any provision of, or fails to comply with any requirement of this chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.12 of this code. It shall be the responsibility of each occupant, property owner, Home Owners' Association, Tenant Association, or Property Management Association having jurisdiction over property to ensure compliance with the intent and provisions of this Chapter. Covenants and Conditions for any Property Association shall contain provisions for the design, review, approval and continued maintenance of lighting systems within the boundaries of such association. 17.30.110.Non- conforming systems. Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the effective date of this chapter shall be considered legally non- conforming. As such, repair, maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided for within this Chapter. Replacement, repair or reconstruction of 250 or more of the fixtures within an existing legal non - conforming lighting system, as determined by the Director of Community Development, shall require that the system be brought into conformity with the provisions of this chapter. Lighting systems within single family projects found to create a nuisance to abutting residences or upon the public right -of -way, shall be corrected in such a manner as to remove the nuisance. Alterations to existing legal non - conforming lighting systems shall not be permitted except for those which result in a lighting system for the property which is more conforming, with these provisions or which reduce the level of non - conformity. Whenever a project site is the subject of a Major Modification to the approved development plan as defined by this code, the Major Modification application shall incorporate a revised lighting system plan in order to bring the property into conformance with this chapter. M: \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page 7 00001;