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HomeMy WebLinkAboutORD 266 1999 1117ORDINANCE NO. 266 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, and continued to September 15, September 29, October 6, and October 20, 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, June 28, and July 26, 1999, and did adopt Resolution No. PC 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 Ordinance No. 266 Page 2 sections, subsections, 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 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 3rd day of,-klovember, 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenste City Clerk ATTACHMENT: Exhibit A: Zoning Code Textual Amendment, Chapter 17.30, Lighting Regulations Ordinance No. 266 Page 3 CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 17.30.020 17.30.030 17.30.040 17.30.050 17.30.060 17.30.070 17.30.080 17.30.090 17.30.100 17.30.110 Purpose and Intent Definitions Applicability General requirements Prohibited lighting Plans Required Design Standards Certification /Testing Exemptions Enforcement 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. Ordinance No. 266 Page 4 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 components shall be kel repair and service. cleaning, painting and of supports, globes, and foundations is system it in good Periodic servicing fixtures 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 system 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 (LPS) lights, except when it has been determined by the Director of Community Development that LPS use in proximity to a light sensitive land use, such as an observatory, is appropriate to minimize light impacts on the adjacent use which would otherwise limit the function of the light sensitive land use. 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. Ordinance No. 266 Page 5 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 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, light color temperature (equivalent Kelvin blackbody temperature) and /or the radiometric emission spectrum giving relative intensity vs. wavelength over the range of 400 - X00 nanometers . 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. Ordinance No. 266 Page 6 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. 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. 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. Ordinance No. 266 Page 7 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 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 Ordinance No. 266 Page 8 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 through light meter testing and observation, and determine the extent of any errant lighting. Deviations and or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions lighting areas, provided such fixture is shielded so as not to emit light above the horizontal plane or beyond the property line. b. Athletic field lights within a public park, recreation or school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan for these facilities. Non - horizontal fixtures are discouraged. c. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices. d. Security lighting for prison, jail facilities, medical facilities or special health care facilities. e. Traffic control devices. f. 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. The criteria of this Chapter g. Temporary sale or special shall not apply to any of the event lighting as permitted following: through the issuance of appropriate permits by the a. one incandescent bulb of 100 City. watts or less used in low density residential or rural Ordinance No. 266 Page 9 h. Repair or replacement of individual lighting fixtures existing prior to the effective date of this Chapter, provided that the fixture and /or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture and further provided that the repair or replacement is subject to any required permits. i. 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. 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, institutional c property within Moorpark not in the provisions of industrial, r residential the City of compliance with 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 25% 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 Ordinance No. 266 Page 10 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. Ordinance 266 Page 11 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 266 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of November, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, Wozniak, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21St day of December, 2000. Deborah S. Traffenstedt, City Clerk (seal)