Loading...
HomeMy WebLinkAboutRES 1999 376 0726RESOLUTION NO. PC- 99 -376 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, N RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, APPROVE A NEGATIVE DECLARATION AND ADOPT ZONING CODE AMENDMENT 99 -05 TO ADD CHAPTER 17.30, "LIGHTING REGULATIONS" TO THE MUNICIPAL CODE (APPLICANT: CITY OF MOORPARK.) WHEREAS, Public Notice having been given in time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a Public Hearing for comment on the Environmental Negative Declaration for Zone Change 99 -05 on June 14, June 28, and July 26, 1999. WHEREAS, at its public hearings on the Negative Declaration and Project, the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project and the Negative Declaration on July 26, 1999, and reached its decision on July 26, 1999; �^ NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY, OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the project information presented tc the Planning Commission, including but not limited to, the Negative Declaration; staff reports; staff and public testimony; the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Negative Declaration for Zoning Code Amendment 99- 05 has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California) and the City's CEQA Procedures. 2. The Planning Commission has received and considered the information contained in the Negative Declaration and has found that the Negative Declaration adequately addresses the environmental effects of the proposed project. Planning Commission Resolution No. PC -99 -376 Page 2 ZONE CHANGE FINDINGS: 1. The approval of Zone Change No. 99 -05 is consistent with the City's General Plan AND Zoning Code. 2. Lack of proper design standards and regulations related to lighting of projects creates unwanted glare and impacts to adjacent properties and creates light pollution that effects local astronomical resources. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by adding thereto a new chapter, Chapter 17.30, providing regulations for the lighting of development projects within the City of Moorpark, as shown on Attachment A. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Parvin, Otto, Haller, Landis, DiCecco �^ NAYES: PASSED AND ADOPTED THIS 26' DAY OF JULY, 1999. ATTEST: Celia LaFleur, Secretary ATTACHMENT "A" Zoning Code Amendment, Chapter 17.30, "Lighting Regulations" CHAPTER 17.30 defined elsewhere within this Title. LIGHTING Sections: 17.30.010 Purpose and Intent 17.30.020 Definitions 17.30.030 Applicability 17.30.040 General requirements 17.30.050 Prohibited lighting 17.30.060 Plans Required 17.30.070 Design Standards 17.30.080 Certification /Testing 17.30.090 Exemptions 17.30.100 Enforcement 17.30.110 Non - conforming systems 17.30.010 Purpose and Intent The purpose and intent of this Chapter is to provide regulation of lighting within development projects in all zones within 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 a. Abatement. The method of reducing the degree or intensity of pollution, nuisance or violation. b. Adverse Impact. The result of a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions. C. Candlepower. Total light output expressed in candelas. d. Design Standards. Guidelines defining parameters to be followed in site, building, landscape and lighting design. e. 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. f. 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. g. Human scale. The proportional relationship of a particular building, structure, or streetscape element to human form and function. h. Luminaire or luminary. The light producing element of a light fixture. Examples are ATTACHMENT A. f bulbs and tubes. Direct viewing of luminaries of greater than 1000 lumens per fixture is undesirable. A diffusing lens between the bulb and the viewer is not considered an obstruction to the direct view of the luminaire and for the purpose of this chapter is considered a secondary luminaire. j. Nuisance. An interference with the enjoyment and use of property. - k. Nuisance element. An environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, light or heat. 1. 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 standards, guidelines and procedures contained within this Chapter shall apply ' to all residential, commercial, industrial, and institutional zoned lands and projects within the City of Moorpark. Referenced standards and criteria shall apply to all specific plan areas. These standards augment lighting standards and regulations contained within any adopted specific plan, and provide standards and criteria whenever a specific plan does not contain lighting standards. Where the standards of this Chapter and any previously adopted standard conflict, the more restrictive standard shall apply. 17.30.040 General a. Lighting development shall to those levels provide safety ar the site. Requirements within any be restricted necessary to d security to 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 project property line to adjoining uses or public streets. C. All lighting systems provided within a project 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 nuisance condition. e. All lighting fixtures or elements shall be decorative and /or compatible with the architectural style of the buildings within and or adjacent to the project location. 17.30.050 Prohibited lighting The following types of lighting shall be prohibited within the City of Moorpark. a. Any outdoor lighting device erected, installed, modified or reconstructed without proper plans and permit approvals. S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 2 t^ b. Flashing, alternating or blinking lights, other than traffic or hazard lights. C. Low pressure sodium lights d. High intensity mercury vapor security lights (with fixture not properly implemented to shield direct viewing of the luminaire or the light shaping lens /diffuser from off the property) in other than rural residential or agricultural areas. e. Any luminaire that is viewed directly with no intervening lens or shielding element, other than bare bulbs or tube lighting, other than approved neon lighting. f. Drop down lighting lens or fixtures. 17.30.060 Plans Required All commercial, industrial institutional, and residential projects approved through the Planned Development process 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 Planned Development application and /or building permit application issued for Planned Development applications approved after the effective date of this Chapter shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas. Lighting plans shall be prepared, signed and certified by a civil or electrical engineer licensed and /or registered within the State of California to prepare and certify lighting system designs /plans. Lighting plans shall, as a minimum, include and exhibit the following: a. Style, size, height and location of any poles used to support lighting fixtures or electroliers. b. Size, height and location of any foundation systems upon which light poles may be erected. C. Style, type, location and quantity of fixtures and or electroliers, whether pole mounted, bollard mounted or building mounted. d. Number and wattage of luminaries /bulbs /electroliers. e. Shields, cut -off mechanisms, or diffusers used with each fixture. f. Construction structural and mounting details for all installations. g. All exterior lighting plans shall be photo- metric consisting of a point by point foot - candle S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 3 layout based upon a 10 foot grid center and extended to twenty feet beyond the property line. h. Plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials catalogues, and specifications to aid in the identification and evaluation of proposed lighting system components. e. The City's lighting engineer shall evaluate and approve all lighting system plans and components. Cost of the City's lighting engineer services shall be the responsibility of the development permit applicant and shall be subject to the provisions of the_deposit fee system of the City. 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 the 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: S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doC Page 4 7 foot - candles maximum; i� 1 foot candle minimum. 2. Over walkways: 8 feet W 2.Interior parking areas: 10 foot - candles minimum 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Fluorescent units: 100 watts fixture. Such unit shielded so that lenses are not outside the illuminated area. lighting per light s shall be tubes or viewable intended d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed six inches (6 ") in height when placed adjacent to sidewalks, within planters, or within parking lots. Light fixtures when placed in a hardscape area shall be mounted flush with the surrounding paving or hardscape. e. Pole and pedestal clearances 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet 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 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 /or 50% of the energy load of the system, or both after the hour of 10 P.M., except for approved entertainment venues and twenty - four hour businesses, or unless otherwise approved by the Director of Community Development, upon recommendation of the City's Lighting engineer. 17.30.080 Certification /Tooting Each lighting plan shall be certified to meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. The applicant's engineer shall prepare and certify that the plan has been prepared according to the information contained in S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 5 S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 6 this Chapter and any design meeting recognized standards materials furnished by the for such facilities City's lighting engineer. constructed in accordance with a photometric plan The City's lighting engineer approved for these shall review and approve the facilities. Non - horizontal plans and certify to their fixtures are discouraged. compliance with approved standards and criteria. The c. Navigation beacons, aircraft City's lighting engineer shall warning lighting upon towers sign all building and zoning or similar structures, hazard clearances necessary to issue markers, railroad signals and building permits for the crossing warning devices. implementation of the lighting system plans. d. Security lighting for prison, Prior to issuance of a final jail facilities, medical Certificate of Occupancy the facilities or special care City lighting engineer shall facilities. cause to be performed a photometric field inspection of e. Traffic control devices. the approved lighting system for all development projects. The f. Seasonal lighting displays inspection shall verify the used in conjunction with proper construction and religious celebrations such installation of materials within as Christmas or Hanukkah the approved plan, determine the residential lights, so long actual light patterns and values as the glare is not through light meter testing and sufficient to pose safety observation, and determine the hazards to pedestrians and extent of any errant lighting. motorists, or cause Deviations and or violations sufficient attraction to shall be corrected prior to the result in creation of a final clearance for the project. nuisance or hazard to vehicular traffic. 17.30.090 Exemptions 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 h. Repair or replacement of lighting areas, provided such individual lighting fixtures fixture is shielded so as not existing prior to the to emit light above the effective date of this horizontal plane or beyond Chapter, provided that the the property line. fixture and /or the luminaire repaired or replaced does not b. Athletic field lights within exceed the intensity of the a public park, recreation or original lighting fixture. school campus established i. Safety or security lighting pursuant to special plans within single family S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 6 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 Enforcement. It shall be unlawful for any person, firm, business, corporation or entity to install, replace, reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or multiple family residential property within the City of Moorpark not in compliance with the provisions of this Chapter. Violations of the provisions of this Chapter shall be subject to prosecution as infractions. Violations which create unwanted and potentially unsafe or unhealthy conditions upon any property, public or private, shall be considered a public nuisance and subject to abatement procedures. It shall be the responsibility of each occupant, property owner, Home Owners' Association, Tenant Association, or Property Management Association having jurisdiction over such property to ensure compliance with the intent and provisions of this Chapter to the greatest extent feasible. 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, normal repair. maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided for within this Chapter. Replacement, repair or rehabilitation of 25% or more of the fixtures within an existing non - conforming lighting system within an industrial, institutional, commercial or multiple family residential project, as determined by the Director of Community Development, shall require that the system be brought into conformity with the provisions of this chapter. Lighting fixtures within single family developments 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. Additions to existing non- conforming lighting systems S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 7 11_ � 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. S: \Community Development \Celia LaFleur \PLANNING COMMISSION RESOLUTIONS\99- 376- ZOA99- 05A.doc Page 8