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HomeMy WebLinkAboutAGENDA REPORT 2002 0918 CC REG ITEM 09BMOORPARK CITY COUNCIL AGENDA REPORT ITEM q, g,__ CITY Of MOORP: ,kRK, CATJ ORNTA City Council "Meeting of _�eTNemloev- 18, _a &l ACTTO", : r JCS VV TO: Honorable City Council FROM: Barry K. Hogan, Community Development Dir cto By: David A. Bobardt, Planning Managerj�' DATE: September 5, 2002 (CC Meeting of 9/18/02) SUBJECT: Consider Zoning Ordinance Amendment Case No. 2002 -04, an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations BACKGROUND On August 21, 2002, the City Council opened a public hearing on the proposed lighting ordinance. The City Council continued this hearing to September 18, 2002, asking for review of the proposed ordinance by staff of the Moorpark College Observatory. In addition, the City Council asked for laser light displays to be treated in a similar manner as searchlights. Staff has met with the staff of the Moorpark College Observatory and has made modifications to the proposed ordinance to address laser lights. DISCUSSION Community Development staff met with Hal Jandorf and Jim Somers of the Moorpark College Astronomy Department on August 23, 2002. Messrs. Jandorf and Somers noted that during this Fall 2002 Semester, eleven (11) classes are being held at the Observatory, six (6) nights a week, all with waiting lists. They expressed three (3) concerns regarding potential effects of nighttime lighting on the observatory: • That no drop -down lenses be permitted; • That construction lighting be shielded; and • That temporary sale or special event lighting not be exempt from the regulations. These three concerns are addressed below: C 3 0 01 9 Honorable City Council September 18, 2002 Page No. 2 Use of Drop -Down Lenses The current code prohibits the use of drop -down lenses. The proposed ordinance would allow such lenses where the lenses are clear, non - diffusing, and the lamp is fully recessed in the fixture. The concern of Messrs. Jandorf and Somers is that any drop -down lens would spread the light above the horizontal plane. They felt this was the most important issue for night sky observing. Community Development staff included limited use of drop -down lenses in the proposed ordinance to allow greater flexibility in the choice of lighting, as was approved for use at the Moorpark Marketplace. The lenses on the light fixture for that project have a two -inch drop as a decorative feature of the fixture. Recommendation: The decision on the regulation of drop -down lenses involves tradeoffs between sky glow effects and flexibility in lighting fixture design. Many period and other decorative light fixtures include drop -down lenses, involving some degree of refraction of light upward, even with clear lenses. No change to the proposed ordinance amendment is recommended. However, should the City Council wish to maintain the current prohibition of drop -down lenses, proposed Section 17.30.050(F) should be amended to read "Drop down lenses." Construction Lighting The City's Municipal Code restricts construction to the hours of 7:00 AM to 7:00 PM Monday through Saturday. Much of the nighttime construction that causes nuisance light spillover comes from activities outside the jurisdiction of the Zoning Ordinance such as nighttime freeway work. Recommendation: The current restrictions on construction work hours are sufficient to address this issue. Temporary Sale and Special Event Lighting The current code exempts temporary lighting from regulation, provided it is permitted through the issuance of appropriate permits. Messrs. Jandorf and Somers noted that classes are held at the observatory six days a week, and could even be affected by temporary lighting spillover. Recommendation: The Community Development Director has the authority to issue Temporary Special Use Permits. Lighting could be considered through the existing permitting process. S: \Community Development \Z 0 A \2002 \04 \Staff Reports \CC 020918 ZOA 2002 -04 Rpt.doc Honorable City Council September 18, 2002 Page No. 3 The attached ordinance has been amended to incorporate Council's comments regarding laser lighting, otherwise the recommended ordinance is the same as previously presented at the August 21, 2002 City Council meeting. STAFF RECOMMENDATIONS 1. Continue with the open public hearing and accept additional public testimony, and close the public hearing; 2. Adopt Resolution No. 2002- adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04. 3. Introduce Zoning Ordinance No. for first reading. Attachments: 1. City Council staff report, dated August 21, 2002 (without attachments). 2. Negative Declaration /Initial Study. 3. Draft Ordinance Amending Section 17.30 of the Moorpark Zoning Code. S: \Community Development \Z 0 A \2002 \04 \Staff Reports \CC 020918 ZOA 2002 -04 Rpt.doc MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direct By: David A. Bobardt, Planning Manager DATE: August 1, 2002 (CC Meeting of August 21, 2002) SUBJECT: Zoning Ordinance Amendment Case No. 2002 -04 Consider an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations SUMb4ARY A draft resolution is attached for City Council consideration to adopt a Negative Declaration for proposed amendments to the lighting regulations contained in Chapter 17.30 of the Moorpark Municipal Code. A draft ordinance is attached for City Council consideration to amend Chapter 17.30 of the Moorpark Municipal Code. These are included in this report as Attachments 1 and 2. On March 20, 2002, the City Council adopted a resolution to approve the Moorpark Marketplace shopping center project at the southeast corner of New Los Angeles Avenue and Miller Parkway. In this resolution, the City Council directed the Planning Commission to initiate a study of lighting regulation amendments in Chapter 17.30 of the Zoning Ordinance and /or in the Carlsberg Specific Plan. Amendments to the Carlsberg Specific Plan lighting regulations were adopted by the City Council on May 15, 2002. This report provides the recommendations of the Planning Commission on potential changes to the Lighting Regulations in the Zoning Ordinance. The Planning Commission discussed potential changes to these regulations at a public workshop on May 28, 2002 and at a public hearing on July 22, 2002. The staff report to the Planning Commission is included in this report as Attachment 3. A Resolution of the Planning Commission recommending to the City Council approval of amendments to the lighting regulations is included in this report as Attachment 4. CC ATTACHMENT 1 �• .. .. .. k'..... :,mac Honorable City Council August 21, 2002 Meeting Page No. 2 Minor additional changes to the proposed ordinance have been added by staff after the Planning Commission hearing. These changes include requirements to place light poles in planters in parking lots, and for concrete light pole pedestals to be decorative when over six inched in height. DISCUSSION The intent of Moorpark's lighting regulations is to avoid: 1. nuisance impacts on abutting properties; 2. excessive glow in the night sky; and 3. wasteful use of energy resources. The development standards that address these goals should be understandable, measurable, and enforceable. In the case of lighting, some of the desirable results of the regulations cannot be easily measured, but rather rely on professional judgment. In such cases, guidelines can be used instead of standards. Changes to the City's lighting regulations recommended by the Planning Commission and staff include revised definitions, development standards, and guidelines. The Planning Commission discussed five main topic areas related to lighting regulations, including lighting values (brightness), types of lighting, energy efficiency, the use of drop -down lenses, and pole height. Summaries of the recommendations of the Planning Commission are as follows: Lighting Values: The Planning Commission discussed the limits of lighting modeling and the application of the current 7.0 maximum foot - candle standard for parking lots. The recommendations are to: 1. Keep the current 7.0 foot - candle maximum for parking lot lighting as a standard, but that it apply to "maintained" lighting (expected lighting when the lamp has reached half its expected life). 2. Require that 95% of the grid points on the photometric plan for maintained lighting be at or below this 7.0 foot - candle level. 3. Limit field verification to ensuring that the lighting is installed according to approved lighting plans. Testing with a light meter would be reserved for code enforcement activities. S: \Community Development \Z O A \2002 \04 \Staff Reports \CC 020821 ZOA 2002 -04 Rpt.doc C 30 caJ Honorable City Council August 21, 2002 Meeting Page No. 3 Types of Lighting: The Planning Commission discussed the color of the different lamps available, and the use of searchlights and laser lights for commercial advertising. The recommendations are to: 1. Adopt a new guideline that the lighting color ne appropriate for the architecture of the building and surrounding area. 2. Permit the use of low - pressure sodium lighting, subject to the above guideline. 3. Prohibit the ongoing use of searchlights for commercial advertising, but allow them for temporary events, such as grand openings. 4. Prohibit laser lights aimed skyward. Energy Efficiency: The Planning Commission discussed current draft State energy efficiency standards that if adopted would take effect in 2005. The recommendations are to: 1. Replace the existing energy efficiency standard with a measurable standard that lamps over 100 watts have an efficiency of 60 lumens per watt, consistent with draft standards from the State Energy Commission. 2. Replace the existing standard to reduce lighting during the late night with one calling for a drop in energy use of 50% after midnight, consistent with draft standards from the State Energy Commission. Use of Drop -Down Lenses_: The Planning Commission recommended to permit drop -down lenses when the lamps are fully recessed in the fixtures and the lenses are clear. Pole Height: The Planning Commission discussed appropriate pole heights for limiting the number of poles needed in a parking area while minimizing the spread of the light into residential areas. The recommendations are to: . 1. Allow pole heights of up to 25 feet in all commercial, industrial, and institutional zones, except within 100 feet of residential zones where a maximum of 20 feet should be permitted. 2. Allow pole heights up to 20 feet on multi- family projects in the RPD Zone, subject to review as part of the RPD permit. 3. Maintain the 14 -foot maximum height limit in all other residential zones. S: \Community Development \Z 0 A \2002 \04 \Staff Reports \CC 020821 ZOA 2002 -04 Rpt.doc Honorable City Council August 21, 2002 Meeting Page No. 4 The Planning Commission also discussed and recommended amendments to the definitions, standards, and guidelines. Definitions that are not used in the regulations would be removed, and definitions for correlated color temperature, initial lighting values, and maintained lighting values would be added. The definitions of lamp and luminaire would be clarified. The regulations would be reorganized to include a distinction between measurable standards and guidelines that require professional judgment. The attached draft ordinance (Attachment 2) includes the complete recommendations of the Planning Commission and staff. Public Notification The public hearing before the City Council was noticed with a 1/8- page publication in the Moorpark Star on August 9, 2002, in accordance with Sections 65854 and 65090 of the Government Code. Environmental Documentation An Initial Study was prepared for the proposed amendments. No substantial evidence was found that the project would have a significant effect on the environment and a Negative Declaration was prepared and published for public review in the Moorpark Star. The public review period extended from July 12, 2002 to August 1, 2002. No comments were received on the Negative Declaration. A copy of the Initial Study and Negative Declaration are included in this report as Attachment 5. STAFF RECO14MENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2002- to adopt the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04; and 3. Introduce Ordinance No. for first reading approving Zoning Ordinance Amendment Case No. 2002 -04. Schedule second reading and adoption for September 4, 2002. Attachments: 1. Draft City Council Resolution to Adopt Negative Declaration Prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04. 2. Draft City of Moorpark Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code. 3. Report to the Planning Commission dated July 16, 2002. S: \Community Development \Z 0 A \2002 \04 \Staff Reports \CC 020821 ZOA 2002 -04 Rpt.doc Honorable City Council August 21, 2002 Meeting Page No. 5 4. Planning Commission Resolution PC 2002 -427 recommending to the City Council Approval of an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code. 5. Negative Declaration and Initial Study S: \Community Development \Z O A \2002 \04 \Staff Reports \CC 020821 ZOA 2002 -04 Rpt.doc t. .. +A u ",r�`E MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN: The City of Moorpark, after having conducted an Initial Study, has prepared a Negative Declaration for the following project: Amendments to Lighting Regulations contained in Chapter 17.30 of the Moorpark Municipal Code The project is located at: Moorpark. Ventura County The proposed Negative Declaration and Initial Study are forwarded to you for possible comments relating to your area of interest. All documents referenced therein are available for review during normal business hours in the Community Development office, City Hall, 799 Moorpark Avenue, Moorpark, California, 93021. Information on public hearings or meetings for the proposed project can be obtained from the Community Development Department at (805) 517 -6200. Written comments should be directed to: David A. Bobardt, Planning Manager Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (805) 517 -6281 Written comments will be accepted in the Community Development Department office for a period of twenty (20) days after publication of this notice. Public Notice Published: July 12, 2002 Negative Declaration Comment Period: July 12, 2002 to August 1. 2002 Ventura County Clerk CC ATTACHMENT 2 C 3 t PATRICK HUNTER ROSEANN MIKOS CLINT HARPER KEITH F MILLHOUSE JOHN E+WOZMAK NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: July 12, 2002 - August 1, 2002 Project Title /Case No.: Amendments to Lighting Regulations in Moorpark Municipal Code Project Location: Project Description: Project Type: Moorpark, Ventura County Minor amendments to Chapter 17.30 of the Moorpark Municipal Code related to lighting regulations addressing lighting values, pole heights, types of permitted and prohibited lamps and luminaires, and energy efficiency. Private Project X Public Project Project Applicant: City of Moorpark Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: None. Trustee Agencies: None. Attachments: Initial Study Contact Person: David A. Bobardt, Planning Manager Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6281 SACommunity Development\Z O A 12002- 041Environmental\Proposed ND ZOA 2002- 04.doc �•+ � QA> iii Lighting Regulations ZOA 2002 -04 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Amendments to Lighting Regulations Case No.: ZOA 2002 -04 Contact Person and Phone No.: David A. Bobardt (805) 517 -6281 Name of Applicant: City of Moorpark Address and Phone No.: 799 Moorpark Ave, Moorpark, CA 93021 (805) 517 -6281 Project Location: Citywide General Plan Designation: n/a Zoning: n/a Project Description: Minor amendments to Chapter 17.30 of the Moorpark Municipal Code related to lighting regulations addressing lighting values, pole heights, types of permitted and prohibited lamps and luminaires, and energy efficiency. Surrounding Land Uses and Setting: n/a North: South: East: West: Responsible and Trustee Agencies: None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Si nificant Impact "or Potentially Significant Unless Mtigated, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance X None 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. Prepared by: /// • 7 Reviewed by. Date: (r oCo? Date: .r , Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the eAsting visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The revisions to the lighting ordinance include standards to avoid light and glare spillover from a project site. Increased light pole heights would be permitted, along with restricted use of drop -down lenses, however, cutoff of light emission at or above the horizontal plane located at the bottom of the light fixture would be required, thus avoiding adverse light or glare impacts. - Sources: Outdoor Lighting Code Handbook, Version 1.13, January 2002, International Dark -Sky Association; Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of statewide Importance (Farmland), as shows on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with eAsting zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the e)isting environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This ordinance does not affect agricultural resources. Sources: n/a Mitigation: None required. C. AIR QUALITY — Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an eAsting or projected air quality violation? 2 w,Y'�v 3) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant concentrations? 5) Create objectionable odors affecting a substantial number of people? Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact x X X Response: By limiting the maximum amount of outdoor lighting, this ordinance has the potential to reduce energy consumption, along with related emissions. No adverse air quality impact is expected. Sources: nla Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or x through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse elect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or bythe California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse elect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantiallywith the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? Response: This ordinance does not affect biological resources Sources: n/a Mitigation: None required. 3 Q FTe '!- Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: This ordinance does not affect cultural resources. Sources: n/a Mitigation: None required. F. GEOLOGY AND SOILS — Would the project: 1) E )pose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the most recent Nquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismio- related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on a )passive soil, as defined in Table 1 8-1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Response: This ordinance does not affect geology or soils Sources: n/a Mitigation: None required. In X X X X X X X X Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: This ordinance does not affect hazards or hazardous materials Sources: n/a Mitigation: None required. 1 vrtVLVV T rarvv YYAI CK WILIALl1 Y — woulo the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.. the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner Mich would result in substantial erosion or siltation on- or of -site? 5 X X X Lighting Regulations ZOA 2002 -04 Potentially Significant Impact Less Than Significant Less Than With Significant No Mitigation Impact Impact 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving fooding, including flooding as a result of the failure of a levee or dam? 10) Inundation byseiche, tsunami, or mudtow? X Response: This ordinance does not affect hydrology or water quality Sources: n/a Mitigation: None required. 1. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specifc plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: This ordinance would modify existing lighting regulations contained in the Municipal Code, however, the revised standards are consistent with the stated purpose and intent of these regulations, to avoid impacts on astronomical resources and abutting properties, and to avoid the wasteful use of energy. This ordinance is consistent with Goal 8 of the Land Use Element of the General Plan, 'Provide for new commercial development which is compatible with surrounding land uses" and Policy 8.2 of the Land Use Element of the General Plan, "Commercial development shall incorporate design features such as walls, landscaping and setbacks, and include height and lighting restrictions so as to minimize adverse impacts to adjacent uses and enhance the visual characteristics of the area." The ordinance would prohibit light and glare spillover, thus implementing this general plan policy. Sources: City of Moorpark General Plan, City of Moorpark Zoning Ordinance Mitigation: None required. 0 Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? ' 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: This ordinance does not affect mineral resources. Sources: n/a Mitigation: None required. F.. rwrac — vvuuw uie project result In: 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive X groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Response: This ordinance has no potential to create noise impacts. Sources: n/a Mitigation: None required. L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 2) Displace substantial numbers ofepsting housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: This ordinance does not affect population and housing Sources: n/a Mitigation: None required. M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Response: This ordinance does not change the maximum lighting levels currently established. These levels allow sufficient light for security and do not prevent a project from meeting recommended average maintained foot- candle levels of the Illuminating Engineering Society of North America ( IESNA). Sources: GE Lighting Systems Technical Data 9030, Dec. 1995: Illumination Recommendations - Outdoor (extracted from IESNA Lighting Handbook) Mitigation: None required. N. RECREATION 1) Would the project increase the use ofebsting X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or wpansion of recreational facilities which might have an adverse physical effect on the Response: This ordinance exempts sports fields from the outdoor lighting standards, recognizing that such special uses require unique lighting design. No effect on recreational resources is expected. Sources: n/a Mitigation: None required. 8-`,) F X X X X X Response: This ordinance does not change the maximum lighting levels currently established. These levels allow sufficient light for security and do not prevent a project from meeting recommended average maintained foot- candle levels of the Illuminating Engineering Society of North America ( IESNA). Sources: GE Lighting Systems Technical Data 9030, Dec. 1995: Illumination Recommendations - Outdoor (extracted from IESNA Lighting Handbook) Mitigation: None required. N. RECREATION 1) Would the project increase the use ofebsting X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or wpansion of recreational facilities which might have an adverse physical effect on the Response: This ordinance exempts sports fields from the outdoor lighting standards, recognizing that such special uses require unique lighting design. No effect on recreational resources is expected. Sources: n/a Mitigation: None required. 8-`,) F Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or Incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, biavde racks)? X X X X X Response: Recommended maximum lighting levels are sufficient for traffic safety, and will prevent glare to motorists. Sources: n/a Mitigation: None required. P. UTILITIES AND SERVICE SY5TEM5 — would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? Lighting Regulations ZOA 2002 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: This ordinance will not affect water supplies, wastewater, or solid waste. Sources: n/a Mitigation: None required. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of 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 of prehistory? 2) Does the project have impacts that are individuallylimited, X but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the efects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: This ordinance is limited in scope to amending lighting regulations. Sources: n/a Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. The City of Moorpark's General Plan, as amended. 2. The Moorpark Municipal Code, as amended. 3. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 4. Public Resources Code Section 21000 et. seq. & California Code of Regulations, Title 14 Section 15000 et. seq. 5. Draft changes to Chapter 17.30 of the Moorpark Municipal Code (Lighting Regulations). 10 NEGATIVE DECLARATION RESPONSE TO COMMENTS CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 1. CASE NUMBER: ZOA 2002 -04 2. PUBLIC REVIEW PERIOD: _ July 12 2002 to August 1. 2002 3. COMMENTS RECEIVED DURING PUBLIC REVIEW PROCESS: There were no comments received during the Negative Declaration public review period. ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 17.30 OF THE MOORPARK MUNICIPAL CODE RELATED TO LIGHTING REGULATIONS WHEREAS, on March 20, 2002, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to lighting regulations; and WHEREAS, the Land Use Element of the City's General Plan includes policies for lighting restrictions in commercial and industrial development to minimize adverse impacts on adjacent uses (Policies 8.2 and 10.2); and WHEREAS, on May 28, 2002, the Planning Commission held a public workshop on the lighting regulations contained in Chapter 17.30 of the Moorpark Municipal Code; and WHEREAS, on July 22, 2002, the Planning Commission after holding a duly noticed public hearing adopted Resolution PC- 2002 -427 recommending that the City Council approve an Ordinance to amend the Lighting Regulations in the Moorpark Municipal Code; and WHEREAS, the City Council has read, reviewed, and considered the Planning Commission recommendation and all comments received on the proposed amendments to the lighting regulations; and WHEREAS, the City Council on August 21 and September 18, 2002, conducted a public hearing, took public testimony, closed the hearing, and reached its decision; and WHEREAS, the City Council, after having considered the Proposed Negative Declaration and comments received on the Negative Declaration for the lighting regulation amendments, adopted Resolution No. 2002- J, finding no substantial evidence that the amendments would have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. CC ATTACHMENT 3 s,. ,� Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.30, "Lighting Regulations" of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby revised in its entirety as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 2. If any section, subsection, 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, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. 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 the 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 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 day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Amendments to Chapter 17.30 (Underline /Strikeout) S: \Community Development \Z 0 A \2002 \04 \Ordinances and Resolutions \CC 020918 Chapter 17.30 Ordinance.doc 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. 17.30.065 Design standards 17.30.070 Design guidelines. 17.30.080 Certification/testing. 17.30.090 Exemptions. 17.30.100 Violation -- Penalties. 17.30.110 Nonconforming systems. Section 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. 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. (Ord. 266 § 2 (part), 1999) Section 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. "Correlated color temperature" is the temperature, measured in Kelvin (k), to which one would have to heat a "black body" source to produce light of similar spectral characteristics as specified by the lamp manufacturer or if not specified in accordance with the CIE 1960 standard. Low color temperature implies warmer (more yellow /red) light while high color temperature implies a colder (more blue) light. "Drop down lens" means 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, - � * the lens from .,1 eve the her-;. a ftt.,1 plane. "Glare" means 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 ithflinaife (^" asseeiated lens` of a li& fi*tufe a lamp is directly viewable from a location off the property that it serves. "Human scale" means the proportional relationship of a particular building, structure, or streetscape element to human form and function. "Initial lighting values" refer to the lumens or foot - candles predicted or measured from a lamp or lighting system at initial installation. EXHIBIT A Lamp" means the light- producing element or light source of a ligl-A fix4tife luminaire. Examples are bulbs and tubes. than one thousand (1,000) ItHnens per- fixvar-e is undesiffi le. Seeendai=y lufniiiairv. Fe. the p e of Ns ,.hapte f n aiffids ng lens between the bulb and the viewer- is not eensidered an ebsti=uefien to the difeet view of a sifigle lufninaife an center " eeeadafy l " Luminaire" is the complete lighting unit, often referred to as a light fixture. It consists of the lamp, optical reflector and housing, and electrical components for safely starting and operating the lamp. "Maintained lighting values" refer to the lumens or foot - candles predicted or measured from a lamp or lighting system at the mid -life of the lamp, and shall account for the expected drop in lumen output from the lamp, as well as normal dust on the lens of the luminaire. . "Spillover" occurs when the illumination intensity outside the property boundaries exceeds one (1) foot - candle. (Ord. 266 § 2 (part), 1999) Section 17.30.030 Applicability. The regulations contained within this chapter shall apply in all zones and specific plan areas within the city. These regulations sha4l apply to all speeifie plan areas and are intended to augment lighting standards and regulations ee.. ai ea -.,ithi, .,,,.. in adopted specific plans. (Ord. 266 § 2 (part), 1999) Section 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 A JI lighti ftg a e.,4.. shall be deeer-e iye .,n shall be n e 1JUL1 b V with 4lL,lt e .,ti,;4e.,4„ .,l style of the bttildiiigs ;d, n the pf'ejeet l.. n4; . (Ord. 266 § 2 (part), 1999) Section 17.30.050 Prohibited lighting. The following types of lighting shall be prohibited within the city: A. Any outdoor lighting system erected, installed, modified or reconstructed without proper plans and permit approvals; B. Flashing, alternating, e —blinking. or moving lights, other than traffic or hazard lights or those permitted under the sign regulations contained in Chapter 17.40; C. , as an ebsefvater-y, is appr-epfiate to minimize light Lmpaets on the adjaeefA use whieh would otherwise limit the fitnet °„ of the light sensitive land use -Unshielded pack lighting and areawide flood lighting; D. High intensity discharge mercury vapor seeth-it lights (with fix4twe not pr-epeF45 theprepeA-f) in other than rural residential or open space /agricultural area zones; E. elemetA, other- than bar-e bulbs, tube lighting, or- approved neon lighfing Searchlights or laser lights used on an ongoing basis for the purpose of commercial advertising F. Drop down lenses, except where the lenses are clear, non - diffusing, and do not permit viewing of the lamp at or above the horizontal plane located at the bottom of the fixture ;: G. Any lighting that causes glare or spillover as defined by this chapter. (Ord. 266 § 2 (part), 1999) Section 17.30.060 Plans required. All commercial , industrial, and institutional projects with twenty (20) or more parking spaces; and multi - family residential projects of five (5) or more units, except addit; °��, �� °� °a shall have plans for the outdoor lighting system , approved by the city's community development director or designee prior to issuance of building permits for that project. shall eemply with the pr-evisiens ef this ehapter- te the extenA feasible, eensistent with Seefien 17.30.110. Each lighting plan shall ineefpefate eleetfieal plafis end sti=uettlfal plafts w1l 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 or other person 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 ligWing fixtafes or ele luminaires; B. Style, size, height and location of any foundation systems (i.e. pedestals) upon which light poles may be erected; C. Style, type, location and quantity of fixtures and' of eleetfelie luminaires, whether pole mounted, bollard mounted or building mounted; D. - goer -- and Type, wattage, lumens, and correlated color temperature of i„„,: „„r:°. n,tAbs eIee eh lamps, ° the , ° of 400 inn r °t°. E. Shields, cut -off mechanisms, or diffusers used with each €ixIttre luminaire; F. Construction structural and mounting details for all installations; G. All exterior lighting plans shall be include photo -metric calculations consisting of a point by point foot -candle layout based upon a minimum twenty -five (25) foot grid center aftd extended to twenty -five (2-0 25) feet beyond the property line for both initial lighting values and maintained lightin g values,- 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 community development department. A fee, as established by city council resolution, is required to accompany each application for a lighting plan. (Ord. 266 § 2 (part), 1999) Section 17.30.065 Design standards A. Lamps shall be shielded or recessed within the luminaire to prevent visibility or the emission of light at or above the horizontal plane located at the bottom of the fixture. B. Luminaires shall be directed away from all adjacent properties and streets /rights- of -way to avoid glare and spillover as defined in this chapter. C. Maintained lighting values for outdoor parking areas shall not exceed seven (7) foot - candles on 95% or more of the grid points within the parking area on the photometric plan. D. Light poles shall not exceed 25 -feet in height in all commercial, industrial, and institutional zones, except within 100 feet of residential zones, where the maximum height shall be 20 feet. Light poles in residential zones shall not exceed 14 feet in height except in the RPD zone where light poles for multi - family residences may be up to 20 feet in height if permitted by the City Council. E. All lighting within parking lots shall be located in curbed planters. Concrete pedestals, bases; or foundations for the light pole within the planters over six (6) inches in height shall be decorative. Light poles placed in hardscape areas shall be mounted flush with the surrounding hardscape. F. The following minimum horizontal clearances shall be maintained from light poles and pedestals: 1. From sidewalks: two (2 ) feet. 2. From curb faces, drive aisles, or trash enclosure approaches: three (3 ) feet; 3. From handicap parking spaces or ramps: five 5) feet; G. The following minimum vertical clearances shall be maintained by luminaires and light pole arms: 1. Over driveways /aisles: fourteen (14 ) feet; 2. Over walkways: eight (8 ) feet. H. All lamps over 100 watts shall emit 60 lumens or more of light per watt of electrical power. I. All outdoor lighting systems shall be designed to include an automatic shutoff control with manual override capability to reduce at least fifty percent (50 %) of the energy usage of the system from 12:00 AM until one hour before dalight, unless otherwise approved by the community development director for safety or security reasons. Section 17.30.070 Design guidelines. Comnliance with the following euidelines shall be determined by the community development director: 4.A. 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. C 5-.B. All lighting fixtures, including luminaires, poles, and pedestals shall be decorative, compatible with, and appropriate in scale, intensity and height to the architecture and use of the building(s) on the site and in the surrounding area to C. The correlated color temperature of the lamps shall compatible with the architecture and use of the building(s) on the site and in the surrounding area. 6-.D. All walkway lighting, public space lighting, and patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 9. All lighting fixtures shall ineer-pefate ffill euteff feattifes stieh that the himinair- be r-estr-ieted in height a-ad bulk te that fleeessafy te pfevide adequate, safe aneher-age ' . a-Rd fi*ttffes, btA shall in fie ease exeeed the heights speeified iii Seefien 17.30.070D. Aj! eenefete °1°.,. leas or- t„ blend with the 1.,.,. se . hieh they are nstfuet °,1 B. Lighting ti,,, pole height: , 2. CeaHnefeiah twenty (20) feet,* 3. ln&stfial: twenty five (25) feet-, 4. Instit„ti °.,.,1, t... °.,t., (20 feet. G. Lighting Values--. Exterior- ,.v Seven (7) feet eandles tnaxiffium, 2. h4er-ier- „,,,.1,;.,,.., Ten (10) feet -e lPS- mifti�u�i 3. Bitte metal halide euid high pr-esstir-e sediafn eleet-feliefs: fi3uf hundr-ed (400) w 4 F-11 ereseeiA lighting units: ene htmdr-ed (100) wcA49 per- ligh4 fix4ttry Stieh titiAs shall be shielded so theA tubes ef lenses afe not viewable etAside the ifAell ed i-IIIII—Imint-Atted afea. D D °,1°st.,ls D °,1°.,t.,ls used to provide gfeend .., .,ti.,.. f ,,.,d tie s f lig tin poles and fixtufes shall net exeeed si�E (6) inehes in height when plaeed adjaeeal to 1 within f of within pafkiag lets. Ligh4 fix4ttr-es when plaeed ift a hardseape afea shall E. Pole end pedestal eleafanees! 1 . Cttrb faee: thfee i2\ feet; 2 Palk ng S. Dfive aisles! dffee (3) feet; Sh 1, ing /S .-, uds n 11 l;,.l,ti„R fi. t,,. °s shall be d°..;,,.,°.] .,n inst.,ll °,1 � „l, tha4 vniczal' irg7'vravaaa- �'arzrgxxcm�zrrcar ., .,...... ..... ,.... .b.....,. »........,.. »........, ».... ,.. », fle light will be emitted above e hefizental plane. Integral eut eff deviees er- shields aftwef: th-e I -mill MIMM"I" OWN MOMM Section 17.30.080 Certification/testing. Each lighting plan shall meet the standards and guidelines 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 eit-y's light' 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 phe -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, , and determine the extent of any errant lighting. Deviations and/or violations shall be corrected prior to the final clearance for the project. (Ord. 266 § 2 (part), 1999) Section 17.30.090 Exemptions. The criteria of this chapter shall not apply to any of the following: A. One (1) Incandescent bulb of lamps totaling one hundred (100) watts or less or comparable compact fluorescent lamps used in decorative fixtures at entrances /exits of residences in lew .]ensi4y « e si ef4i l a 1 .i, +:.... � ,;de, eh fim -,.e shielded � net to , f B. Low - intensity lighting used for aesthetic purposes in order to enhance or accent building features public art or landscape architectural features, provided that such lighting does not result in glare or spillover as defined by this chapter and is not part of a project for which a lighting plan is required. B C. Athletic field lights within a public parkon or school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan for these facilities. -Neil ewzei4a fix4 ,,.es are a;we,,...,ged, E.D. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices; 13:E. Security lighting for prisons, jail facilities, medical facilities or special health care facilities; &F. Traffic control devices; 6 Cf#ry r °!!G -1 ,-, 'a:' '> c1-0 n liG. Seasonal lighting displays used in conjunction with special holidays or religious celebrations so long as the glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in creation of a nuisance or hazard to vehicular traffic; 6-H. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the city; HJ. Repair or replacement of individual lighting fixtures exisfing prior- to the provided that the fixture and/or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture and L.J. Safety or security lighting within single- family residential neighborhoods recommended by police or special security inspections as part of a neighborhood watch program provided such lighting shall not create a nuisance to abutting properties as a result of spillover. To the extent that the prescribed lighting is not diminished in effectiveness, all such lighting shall incorporate motion detectors, photocells or similar devices to activate the special light fixtures, but shall be provided with a manual switching device to override the fixture when necessary. (Ord. 266 § 2 (part), 1999) Section 17.30.100 Violation -- Penalties. It shall be unlawful for any person to install, replace, reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or residential property within the city 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. (Ord. 266 § 2 (part), 1999) Section 17.30.110 Nonconforming systems. Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the effective date of the ordinances codified in this chapter shall be considered legally nonconforming. 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 twenty -five percent (25 %) or more of the fixtures within an existing legal nonconforming lighting system, as determined by the dir-eeter e€ community development director, 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, adjacent open -space areas, or upon the public right -of -way, shall be corrected in such a manner as to remove the nuisance. Alterations to existing legal nonconforming 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 nonconformity. 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. (Ord. 266 § 2 (part), 1999)