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HomeMy WebLinkAboutORD 286 2002 1002ORDINANCE NO. 286 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 17.30 OF THE MOORPARK MUNICIPAL CODE RELATED TO LIGHTING RE 'GULATIONS 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 No. 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 -2001, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: Ordinance No. 286 Page 2 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 2nd ATTEST: Deborah S. Traffenste t, City Cle Exhibit A: Amendments to Chapter LI._JV Ordinance No. 286 Faye 3 EXHIBIT A 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, 'huh fe ultin° in dire,.! viewing of the lens ffe above the her-izental 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 i mina "° k°" asseeiated lens) of a light {' 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. Ordinance No. 286 Page 4 "Initial lighting values" refer to the lumens or foot - candles predicted or measured from a lamp or lighting system at initial installation. "Lufninaire of ' ^- Lamp" means the light = producing element or light source of a € inure luminaire. Examples are bulbs and tubes. n:..° ^t viewing of 1,,....c.,^ ° of ° ^t°.. 4AaR ° thousand (1,000) lumens per- fimare is undesir-able. geeendar-y luminair-e. For- the pufpese e� this ehapteF a diff-using lens between the bulb an seeendary 1. " "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. e :n ° r., ^,.t: °.,l terms, a elese relative of Q! "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 to--&H of single hemeL- within the city. These regulations shall apply to all specific, plan areas a are intended to augment lighting standards and regulations eentained within any 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. 9. All lighting ^ °.,t.. shall be ,ierof_atiye and shall be a patibl° , .:thffie areh:t°.. sr-yie of !be buildings within the „ °et leeation. (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, er-blinking, or moving lights, other than traffic or hazard lights or those permitted under the sign regulations contained in Chapter 17.40; C. LOW ° ° l.,7ium ( PS) light. , ° ,- ept_when :t has been det°. fined by the dir- eet.,r 0 development that LPS use in pfeximt�y ie a light sensifive land use, suesh as an ebsef=�,ate;:y, i Ordinance No. 286 Page 5 ve land use Unshielded pack lighting and areawide flood li hting; D. High intensity discharge mercury vapor seear-ity lights implemented to shield dir-ee! -Aewing of the lufninair-e or- the light shaping lensMiffuser- ffem off the pr-eper-ty) in other than rural residential or open space agricultural areas zones; E. , ot than bar-e balbs, tube lighting, or- approved neon lighting 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 lama 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, xeept additions, appreved ^ft°- the eff tive a *° of the ^ dinane° ^edified in this ehapter shall have plans for the outdoor lighting system and its eemponents, to be ineer-per-ated within that pr-Aieet, approved by the city's community development director or desi nee iighting _nginee prior to issuance of building permits for that project. Each lighting plan shall i leetfieal plans and stmetuFal plans whirah 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 /pians. 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 °'°Felier-s 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 fi°~ur-°° 1IR& OF eleetf°'i°f:s luminaires, whether pole mounted, bollard mounted or building mounted; D. Numbef and Type, wattage, lumens, and correlated color temperature of luminar-ies�balbsAeleetFe lamps, light eeier- temper-atur-e (equivalent Kelvin blaekbody temperature) 700 nanemeteFS; E. Shields, cut -off mechanisms, or diffusers used with each fixture 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 tear (10) minimum twenty-five (25) foot grid center ap,6 extended to twenty -five (20 25) feet beyond the property line for both initial lighting values and maintained lighting 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. Ordinance No. 286 Page 6 The application for such lighting plans should be made on the form provided by the depanfnenef 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 honzontal 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 lii ht poles and pedestals: 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 iigh *. 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 s sierr. from 12:00 AM until one hour before daylight, unless otherwise approved by the community development director for safety or security reasons. Section 17.30.070 Design guidelines. ComDliance with the following guidelines 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. ordinance No. 286 Page -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 buildinp(s) on the site and in the surrounding area to be served. 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. 7. Ceeur-ity lighting shall he „ ided at all entrances and exits to buildings, -visible and that spilleveF or- diFL-et light emissions do net extend beyond the pr-epei:Py line or- into adjaeent PUbii6 Fight Of Way. i. Gonerete pedestals. bases f andations intended f F the m .Rting or poles shall he resti4ted in height and bulk to tha! neeessai=y to pr-e-vide adequate, safe aneher-age for- poles and but shall in no ease eNeeed the heights speeified in Seetion 17.30.070D. All eoner-ete pedestals shall be , landseape areas in „hieh they a nstfuetedr 1!1 Unshielded ., ek lighting fixtures and a ,nae_ good lighting a-e_preNbited Tvvrc�mv- cacv�ucic :�sczc��cb- :�TCC�ca cr�za ccrY° c' cr: r�a� :cvv�resxTrc>>S-urc�ro�ffvcccv. 13 Lighting pole height- s � RM Mg. �—M� / 1 • X11 11 •. WON Ordinance No. 286 Page 8 G. Shielding4ghfetids. All lighting fixtur-es shall be designed and installed SuGh that Re-kght will be emitted above the her-izental plane. h9tegr-al eut off deviees or- shields an&er- the addifien -af external shfouds of eempatible ar-ehReetur-al design to the buildings shall be used to limit stray light. 14. Autematie Shuteff. .4.11 lilghtinlg systems shall be designed to inelude an autematie. shu elesing time efthe f4eility whieh they seFve. it is the intent of this subseeiien that sipifieant r-eduetions in night4ifne light glow eoeuF. Reduetions shall not be less than sevent�, Aye per-eent (75%) of the desiped iighting output and fift�, percent (50%) of the energy lead of the system after- the hour often (10-00) p.FA.-, venues, beyond ten (10:00) p.m. and t-wenty four- (24) hour- businesses, or- unless other-wise apprek,ed by - , significant amount of ener-g-j, will not be saved or- !he existing level of light is needed for- sa�� or seemity around the premises. (Ord. 266 § 2 (part), 1999) 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 and any design Fnater -ials f,... ishea by the eity'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 phetemetfie 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, ebsef-�,atien-, 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- (!)- ilncandescent 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 leiv line; the her-izental plane or- beyond the pr-epei4y 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 plar or svillover as defined by this chapter and is not hart of a nroiect for which a liehtine plan is required. B-.C. Athletic field lights within a public park or school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan for these facilities.. Nenhe ^zental axtufes Effe dis aged; 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; E- F. Traffic control devices; Ordinance No. 286 Page 9 F-:G. 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; G-.H. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the city; HA. Repair or replacement of individual lighting fixtures existing pFi ^r to the effeetive date e provided that the fixture and/or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture and hif4' ^..,.,.:a °a that the repaif or v o e is subjeo to any required o 1-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 wester —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 p►an 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) Ordinance No. 286 Page 10 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK I, Deborah S. Moorpark, California that the foregoing Council of the City 2nd day of October, following vote: ss. Traffenstedt, City Clerk of the City of 3, do hereby certify under penalty of perjury Ordinance No. 286 was adopted by the City of Moorpark at a regular meeting held on the 2002, and that the same was adopted by the AYES: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of October, 2002. Deborah S. Traffenstedt, City Clerk (seal)