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HomeMy WebLinkAbout06/02/2009, PH1 - PROPOSED NIGHT SKY ORDINANCE TO MITIGATE THE NEGATIVE EFFECTS OF OUTDOOR LIGHTING. council Q ID j acEn6A u.Epout ,�N� CITY OF SAN LU IS O B I S P O FROM: John Mandeville, Community Development Direct Prepared by: James David, Assistant Planner SUBJECT: PROPOSED NIGHT SKY ORDINANCE TO MITIGATE THE NEGATIVE EFFECTS OF OUTDOOR LIGHTING. RECOMMENDATION As recommended by the Planning Commission and Architectural Review Commission, introduce an ordinance to amend the Municipal Code to include new Chapter 17.23 governing night sky Preservation. DISCUSSION Background When the Conservation and Open Space Element (COSE) of the General Plan was adopted on April 4, 2006, it included policy directives for night sky preservation. The proposed ordinance aligns directly with this policy, which mandates development of a night sky ordinance to preserve nighttime views, prevent light pollution, and to protect public safety by establishing street and public area lighting standards (COSE, 9.1.6). The proposed night sky ordinance will implement this policy and fulfill corresponding Council objectives in the City's 2007-09 Financial Plan (Attachment 5, Night Sky Ordinance). Previous Council Review At its meeting on February 3, 2009, the Council reviewed the proposed night sky ordinance and continued it to a date uncertain. The Council supported the ordinance in general but agreed that it needed further refinement (Attachment 2, Council Minutes, February 3, 2009). Council directed staff to work with local lighting experts on the technical details of the ordinance, including: allowable fixtures, means of measurements, heights of allowable fixtures, and residential exemptions. Collaboration between staff and technical experts has helped improve the ordinance to ensure that it is enforceable by the City and achievable by lighting professionals. Changes to the Ordinance The attached draft night sky ordinance has been edited in "Track Changes" mode to highlight changes to the document for Council review (Attachment 3, Working Draft of Night Sky Ordinance). The following Table 1 summarizes Council and public comments from the previous hearing and corresponding changes to the proposed ordinance. 60/41-1 GPI 47-08 (Night Sky) Page 2 Table 1: Night Sky Ordinance Recommendations and Changes 7Refe7rto hnical experts. Romero, Carter The ordinance has been revised with the help of Bill Thoma and his staff. Illuminating Romero, Public Modified illumination thresholds for sports Engineering Society (IES) fields based on IES recommended light standards. levels. All other illumination thresholds meet IES standards (17.23.040). The ordinance may conflict Settle Added disclaimer to 17.23.010 that states, with other laws and open the "Other laws or ordinances may require City up to litigation. minimum illumination levels for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern. " Means of measuring light Settle, Carter, Utilized industry standard of measuring intensity needs further Public illumination levels at grade (17.23.040). technical refinement. Added application requirement for 10-foot by 10-foot grid measurement on submitted photometric plans(17.23.030). Clarify language used for Marx, Ashbaugh Clarified various standards and added new operational standards. definition of "low-intensity" lighting (17.23.020). Make night sky ordinance Carter Revised illumination thresholds based on easier for the industry to technical expert input and IES standards follow and for CDD to (17.23.040). Evaluated sample photometrics enforce. diagrams provided by Thoma Electric to ensure that thresholds are achievable. Revisit height standards for Carter, Public Increased allowable pole height to 21' and pole and building-mounted building-mounted height to 15' to comply parking lot lights. with standard pole and garage door dimensions(17.23.050). Address lights that blink or Carter, Public Added exemption for lights "operated for flash for aviation safety. the purpose of aviation safety"(17.23.080). Reference Title 24, California Public Added item to purpose statement to clarify Code for Outdoor Lighting. that one objective of the ordinance is meeting Title 24 standards (17.23.010). Integrate landscape plans and Public Added application requirement to coordinate lighting plans at time of landscape and lighting plans to avoid site application submittal. conflicts (17.23.030). i GPI 47-08 (Night Sky) Page 3 Other Council Recommendations Consider exemptions for outdoor residential lighting, specifically single-family home porch lighting. Existing outdoor residential lighting(e.g. porch lighting) will not be subject to City review, unless there is a complaint. If the electrical infrastructure is already in place and a property owner wants to change his/her outdoor lighting fixture, no outdoor lighting application is necessary. However, if the project is more substantial, a building permit is required and subsequent review for conformance with the proposed ordinance would be necessary to achieve the goals of the Conservation and Open Space Element of the General Plan. Consider an abatement program for existing nonconforming commercial lighting. Ordinances that set up abatement periods must be based on analysis and a formula to allow in this instance the fixture owner to realize the investment in the fixture being abated. A defensible abatement procedure would need to be based upon a carefully developed amortization schedule that takes into consideration such factors as the cost of the fixture, its depreciated value, its remaining useful life, and harm to the public if the nonconforming use is allowed to continue until the need for replacement or significant modification triggers compliance requirements. Moreover, an administrative appeal procedure should be established for review of abatement orders to avoid claims of unconstitutional takings of private property without just compensation. An abatement program would be similar to the program followed for the abatement of nonconforming signs. Abating nonconforming light fixtures would be a significant departure from the intent of what has been recommended and would require further analysis and revision of the draft ordinance. The Council should provide additional direction to staff if it wishes to include an abatement program with the proposed ordinance. Work With Local Lighting Professionals The Council directed staff to work with local lighting professionals to refine the proposed night sky ordinance. These revisions were carried out with the help of technical experts in the lighting industry. A series of meetings were held to discuss improvements to methods of measurement and appropriate illumination thresholds for different design scenarios. Example photometrics diagrams were reviewed for possible compliance issues. The result is a more effective ordinance that specifies attainable thresholds for lighting standards while achieving the policy objectives of the Conservation and Open Space Element of the General Plan. A detailed analysis of the proposed Night Sky Ordinance is in the initial staff report that was presented at the February 3, 2009 Council meeting (Attachment 1, Council Staff Report). This report explains that the proposed Night Sky Ordinance fulfills an adopted Other Council Objective in the 2007-09 Financial Plan, and complies with the General Plan, Zoning Regulations, and Community Design Guidelines. FISCAL IMPACT This project will have minimal fiscal impacts on the City associated with research, development and installation of new City lighting standards that comply with the ordinance. There is no cost for retrofitting old lights because the ordinance is not retroactive. PkI - 3 i 1 GPI 47-08 (Night Sky) Page 4 ALTERNATIVES 1. The Council could choose not to adopt the proposed Night Sky Ordinance, based on specific findings. This alternative is not recommended as it is inconsistent with adopted General Plan policy and Council's adopted goals in the 2007-09 Financial Plan. 2. The Council could direct staff to revise the proposed ordinance or conduct additional research, such as inclusion of an Abatement Program. ATTACHMENTS 1. Council Staff Report, February 3, 2009, without attachments 2. Council minutes, February 3, 2009 3. Working Draft of Night Sky Ordinance 4. Proposed Night Sky Ordinance T. Community DevelopmentWight SkyIGPl47-08(Night Sky)_CC Attachment 1 counci M.rineD . AAGEnbA P-EpOnt ,.mN L C I T Y OF S AN L U IS O B I S P O FROM:. John Mandeville, Community Development Director Prepared by: James David, Assistant Planner SUBJECT: PROPOSED NIGHT SKY ORDINANCE TO MITIGATE THE NEGATIVE EFFECTS OF OUTDOOR LIGHTING. RECOMMENDATION As recommended by the Planning Commission and Architectural Review Commission, introduce an ordinance to amend the Municipal Code to include new Chapter 17.23 governing night sky preservation. DISCUSSION Background When the Conservation and Open Space Element (COSE) of the General_Plan was adopted on April 4, 2006, it included policy directives for night sky preservation. The proposed ordinance aligns directly with this policy, which mandates development of a night sky ordinance to preserve .nighttime views, prevent light pollution, and to protect public safety by establishing street and public area lighting standards (COSE, 9.1.6). The proposed night sky ordinance will implement this policy and fulfill corresponding Council objectives in the City's 2007-09 Financial Plan (Attachment 6, Night Sky Ordinance). Why is a night sky ordinance needed? A night sky ordinance will help prevent light pollution. Light pollution is excessive night sky glow from outdoor illumination that diminishes the visibility of stars. It significantly alters the nighttime environment and therefore affects the public welfare of community members. The starry night sky is a community asset that should be protected. Associated impacts from excessive lighting include light trespass and energy waste. Light trespass onto the public right-of-way creates glare that can impede an individual's ability to drive or walk safely. When light trespasses onto � �` adjacent properties it creates an unwanted nuisance for nearby residents. Nighttime lighting ��'i��� �� I � g can g also alter the setting of rural and natural areas by highlighting the MAU built environment and creatingo Effects of light pollution chmenn 1 GPI 47-08 (Night Sky) 11� 1 Page 2 visual clutter. Unnecessary illumination wastes energy and resources. The negative impacts of lighting are apparent in many communities throughout the state. While San Luis Obispo has been fairly successful thus far in keeping lighting impacts under control, the City is committed. to establishing further standards to ensure that the clarity of the night sky is protected. Setting The City of San Luis Obispo is uniquely situated away from other urban areas and surrounded by rural lands. The purpose of this ordinance is to preserve the nighttime environment through quality outdoor lighting. Implementing these regulations will ensure that the City's night sky resource is protected, and that outdoor lighting will not create a public or private nuisance within the community. Development pressure is inevitable, and the best possible solution for mitigating degradation of the nighttime environment is to plan ahead. The regulations outlined in the proposed ordinance are not punitive or retroactive. Instead, the intent is to shape future development to maintain a valuable resource that exists today. Advisory Body Review At its meeting on August 13, 2008, the Planning Commission recommended continuance of the proposed night sky ordinance to allow for reformatting and additional input from an appointed subcommittee. Questions were raised about illumination levels for outdoor recreation facilities and auto sales lots. The subcommittee, comprised of Planning Commissioners Multari, Ashbaugh and staff met on September 26, 2008 to revise the ordinance and decided that the ordinance would benefit from Architectural Review Commission (ARC) input. At its meeting on October 20, 2008, the ARC recommended that the Planning Commission and City Council approve the proposed night sky ordinance, based on findings and subject to minor changes. The night sky ordinance returned to the Planning Commission on November 19, 2008, where the Commissioners voted 5-0 to move it forward to the Council with the addition of a purpose statement. 2007-09 Financial Plan As part of the 2007-09 Financial Plan, "Night Sky Ordinance" is an adopted Other Council Objective. The Council set a goal to develop and adopt a night sky ordinance. This project supports Community Development Department implementation of the Conservation and Open Space Element (Policy 9.1.6) using existing staff resources. General Plan Consistency The proposed ordinance aligns directly with General Plan policies in the City's Conservation and Open Space Element (COSE). The General Plan recognizes scenic views as valuable assets that enhance the community's quality of life and economic vitality. COSE Policy 9.1.6 explicitly states: 10H I- 4:�, GPI 47-08 (Night Sky) Attachment 1 Page 3 "City will adopt a `night sky' ordinance to preserve nighttime views, prevent light pollution, and to protect public safety by establishing street and public area lighting standards." COSE Policy 9.2.3 further states: "Outdoor lighting shall avoid: operating at unnecessary locations, levels, and times; spillage to areas not needing or wanting illumination; glare (intense line-of-site contrast); and frequencies (colors) that interfere with astronomical viewing." The proposed night sky ordinance creates standards for outdoor lighting that minimize Direct Waste-50% light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures, while improving nighttime public safety, utility, and security, and preserving the night sky as a natural resource and thus people's enjoyment of i looking at the stars. An added benefit of this ordinance is increased Productive-40% energy efficiency. Limiting excessive lighting Typical outdoor lighting helps curtail unnecessary energy waste. COSE Policies 4.2 and 4.31 call for the City to reduce reliance on non-sustainable energy sources and employ best available practices in energy conservation, procurement, use and production. The Zoning Regulations stipulate that no lighting or illuminated device shall be operated so as to create glare which creates a hazard or nuisance on other property (MC 17.18.030). This ordinance will build upon these regulations to protect the starry night sky. Community Design Guidelines The Community Design Guidelines stipulate that exterior lighting should be architecturally compatible with the design of the project, and avoid creating a nuisance for nearby properties (Attachment 1, Guideline 6.1C). This means directing outdoor lighting downwards, height restrictions on parking lot lights, and limiting illumination levels: "To achieve the desired lighting level for parking and pedestrian areas, it is preferred to have more, smaller scale lights instead of fewer, overly tall and large lights. Parking lot lights shall be as low in height as possible, and shall not exceed a height of 20 feet from the approved finished grade to the top of the fixture. Fixtures should be down-type lights with shields, preferably with metal halide lamps. Illumination levels at the finished grade below each light fixture shall not exceed 10 footcandles under the fixture, and three footcandles at the dimmest point." The proposed night sky ordinance expands upon the Community Design Guidelines for new development projects. GPI 47-08 (Night Sky) Attachment 1 Page 4 Field Research r-. Staff conducted field research to obtain "real world" examples of illumination levels in the City of San Luis Obispo. Figure 1 is a sample of common light fixtures and their respective light intensity measured in footcandles. Each measurement was taken using a City approved light meter held 3 feet from grade directly below the target light source. The proposed night sky ordinance defines specific light intensity thresholds for residential (10 footcandles), nonresidential (10 footcandles), auto sales lots (40 footcandles), and sports field (50 footcandles) uses, that align with the majority of data collected in Figure 1. This means that the average commercial or residential light found in the City adheres to recommended standards of light intensity. Figure 1: Field Research on Illumination Levels in the City of San Luis Obispo • Foot-candies artially shielded commercial wall mount 1 8 10 artially shielded commercial wall mount 2 10 10 Commercial parking lot 1 20 4.5 Commercial parking lot 2 20 9 Auto sales parking lot 1 (Coast) 20 20 Auto sales parking lot 2 (Sunset) 20 90 Auto sales parking lot 3 (Toyota) 20 35 Auto sales parking lot 4 (Rancho Grande) 20 40 Auto sales parking lot 5 (Perry Ford) 20 50 Street light (City standard) 30 3.5 Residential porch light 1 8 2.5 Residential porch light 2 8 5 Unshielded flood light 8 50 The night sky ordinance introduces specific thresholds for commonly identified light pollution offenders, such as sports fields and auto sales lots. Municipal sports fields usually require 20 to 50 footcandles for effective field lighting, and the new illumination thresholds allow for this range of light intensity. Auto dealerships generally need brighter lights to display outdoor products and increase site security. According to previous staff lighting analysis, auto sales lots in the City of San Luis Obispo maintain lighting fixtures that emit an average of 43 footcandles (Attachment 2, Excerpt from ARC 50-03 staff report). The night sky ordinance sets a maximum illumination threshold of 40 footcandles, which is more than adequate for outdoor display. GPI 47-08 (Night Sky) -- Attachment 1 Page 5 PUBLIC COMMENT There was limited public .comment regarding the night sky ordinance at all advisory body meetings. A representative from CBS Outdoor Billboards was concerned that a statewide energy retrofit program for upward facing lights on billboards could be impacted by the proposed ordinance. The Planning Commission decided to add an exemption to address these concerns, allowing upgrades to fixtures on existing billboards provided they reduce light pollution or improve efficiency. An additional letter was received from the public concerned with exemptions for outdoor lighting on City facilities. Those exemptions were eliminated to ensure .that City structures are part of the solution and not the problem. Conclusion The purpose of this ordinance is to encourage lighting practices and systems that will minimize light pollution, glare, light trespass, conserve energy and resources while maintaining nighttime safety, utility, security and productivity. The Council desires and intends to curtail the degradation of the nighttime visual environment through adoption of an ordinance. The proposed ordinance meets this Council objective, as well as adopted policies in the Conservation and Open Space Element of the General Plan. FISCAL IMPACT This project will have minimal fiscal impacts on the City associated with research, development and installation of new City lighting standards that comply with the ordinance. There is no cost for retrofitting old lights because the ordinance is not retroactive. ALTERNATIVES .1. The Council could choose not to adopt the proposed night sky ordinance, based on specific findings. This alternative is not recommended as it is inconsistent with adopted General Plan policy and Council's adopted goals in the 2007-09 Financial Plan. 2. The Council could direct staff to revise the proposed ordinance or conduct additional research. ATTACHMENTS 1. Lighting Section of Community Design Guidelines 2. Excerpt from ARC 50-03 Staff Report 3. Planning Commission minutes, August 13, 2008 4. Architectural Review Commission minutes, October 20, 2008 5. Planning Commission minutes, November 19, 2008 6. Proposed Night Sky Ordinance G:ICD-PLANVDAVIDWight Sky IGPI 47-08(Night Sky)_Council Report �� ( � - Attap ent 2 City Council Meeting Pge Tuesday, February 3, 2009 C3. SETTING PUBLIC HEARING ON FARE MODIFICATION. , ACTION: Moved r/Ashbauah to approve the date se ublic hearing on possible S ransit fare modifications; motion carried 5:0. PUBLIC HEARINGS PHI. PROPOSED NIGHT SKY ORDINANCE TO MITIGATE THE.NEGATIVE EFFECTS OF OUTDOOR LIGHTING. Community Development Director Mandeville and Assistant Planner David presented the agenda report. They and Deputy Director of Community Development— Development Review - Davidson responded to questions. Police Chief Linden confirmed that the Police Department has no safety concerns related to the proposed ordinance. Mayor Romero opened the public hearing. Bill Thorne, San Luis Obispo, discussed his experience as a local electrical and design engineer and the light projects he has designed throughout the state. He displayed handbooks, booklets and other resources on the subject of lighting. He outlined a ' number of concerns regarding and proposed numerous suggestions for modifying the ordinance. He said that the definitions contained within in it should be consistent with those of the Illuminating Engineering Society(IES). He asked that Council not adopt the ordinance but allow additional time to modify it. Staff responded to a number of Mr. Thoma's comments and concerns as well as to additional Council questions. Steve Shinn, representing CBS Outdoor Billboards, said his company is attempting to comply with Assembly Bill 32, a statewide energy retrofit program for upward facing lights on billboards. He explained that because of this the Planning Commission added an exemption to address his company s concerns that would allow upgrades to fixtures on existing billboards if they reduce light pollution or improve efficiency. He explained why bottom mounted fixtures are considered safer than top down fixtures on billboards. He responded to Council's questions. Assistant Planner David supplemented comments made by staff following Mr. Thoma's presentation. Mayor Romero closed the public hearing. Vice Mayor Settle said that he could not support the ordinance as proposed both because it may not have its desired effect and because of its potential unintended -PN I - la 'Attamment City Council Meeting Page 5 Tuesday, February 3, 2009 consequences, particularly related its potential for exposure to litigation as a result of ' inadequate lighting. Discussion ensued during which Council Members supported the ordinance in general but agreed that it needed further refinement and that staff should worts with a technical expert to make those refinements. Specific direction is contained within the following motion. ACTION: Moved by Ashbaugh/Carter to continue this item to a date uncertain, with direction to staff to continue to seek input into the ordinance with specific reference to technical standards such as, but not limited to, the definition of allowable fixtures, means of measurements, heights of allowable fixtures, exemptions with respect to existing residences, and an approach to correct non-conforming commercial lighting with the intent of strenghtening the ordinance. In addition, the word "individual"will be removed from section 17.23.080.6 (relating to holiday lighting fixtures or seasonal lighting); motion carried 4:1 (Settle opposed). BUSINESS ITEMS 131. CONTINUED CONSIDERATION OF GOAL-SETTING FO 009-11. The goal-setting p cess was completed on January Xthe ore, no further ' discussion was requr and this item was removed fnda. XO L LIAISON PORTS Council Member Manx reactiv' ' s of the Air Pollution Control District Board. Council Member Carter i attendance at a recent California Men's Colony meeting as well as on a rt last Human Relations Committee meeting regarding the Maxine Leer. Council Member Ashbaun his and ncil Member Carter's attendance at a Cultural Heritage Comm' last week. COMMUNICATIONS Council Memb arx expressed concern regarding the pytho\eetn aped, as we/thatCity does not have an ordinance that addresseets. Thouncil interest in pursuing this matter further. Cor Marx referred to a letter received from Josepding the ning of streets and suggested that consideration should be treats ' er the City's historical figures. PHI - � I city of son furs ostspo Attachment zonmq aequlatlons dune 2009_ Deleted:fesuuany Chapter 17.23: Night Sky Preservation Sections: 17.23.010 Purpose 17.23.020 Definitions 17.23.030 Application Requirements 17.23.040 Operational Standards 17.23.050 New Development Standards 17.23.060 Temporary Lighting 17.23.070 Nonconforming Fixtures 17.23.080 Exemptions 17.23.010 Purpose. To establish outdoor lighting regulations that encourage lighting practices and systems that will: 1. Permit reasonable uses of outdoor lighting for nighttime safety, utility, security and enjoyment while preserving the ambience of night; 2. Curtail and reverse any degradation of the nighttime visual environment and the night sky; 3. Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or unnecessary; 4. Help protect the natural environment from the damaging effects of night lighting; 5. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs(Title 24.Chapter 6). Other laws or ordinances may require minimum illumination levels for specific applications and may conflict with these regulations. In such cases those laws or ordinances shall govern. 17.23.020 Definitions. "Foot-candle" is a unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot or the intensity of light from a standardized candle buming at one foot from a given surface. "Low-intensity" means lighting designed to accent architectural features or signs that does not Produce glare,such as tubular neon or LED rope lightinq. "Light pollution" means the night sky glow caused by the scattering of artificial light in the atmosphere. 17.23.030 Application Requirements. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, and/or approval of any development project, the applicant shall, as a part of said application, submit sufficient information to enable the Community Development Department to determine whether the proposed lighting will comply with the provisions of this Section. The application shall include the following: \ My of san Luis oBIspQAttae]Ment 3. fEBRUATZV 2009 Zonmc ne •ulattons 1. A site plan indicating the proposed location of all outdoor lighting fixtures ,That are not _ - Deleted:and signs exempted by Section 17.23.080. 2. A description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs. 3. Photometric plans deeictinga the location of all light poles and buildina mounted lighting-_,- Deleted:w>Photometricdata,such fixtures and a maximum 10 foot by 10 foot Arid of both the initial and maintained lighting °, as that furnished by manufacturers,or IevelsArn the site. similar,showing the angle of cutoff of ------—---------—------------- ----------------,;` light emissions for theproposed 9 4. The project lighting plan shall be coordinated with any associated landscaping plan to prevent luminaries.¶ site planning conflicts. `�,.` Deleted:diagram 5. Any other information the Community DevelopmentDirector may determine is necessary to Formatted:Bullets and Numbering ensure compliance with the provisions of this Section. Deleted:numerical The Director may waive any or all of these requirements if compliance can be determined based Deleted:of each fixture on available information. 17.23.040 Operational Standards. Outdoor lighting shall be designed, installed and maintained to prevent nighttime sky light pollution, preserve and enhance visibility of stars and use energy efficiently by lighting only those areas or objects necessary for safety and security. All outdoor lighting shall conform to the following regulations: 1. Outdoor lighting shall be directed downward and away from adjacent properties and public rights-of-way. Deleted:All outdoor lighting,other than approved outdoor sports field ' lighting,shall be designed and 2. No lighting on private propel shall produce an illumination level greater than two maintained operated so that no more than an horizontal footcandles at grade on any property within a residential zoning district except onj;. average of one footcandle is the site of the light source. measurable on a horizontal plane at grade at the property line. 3. The maximum light intensityona residential site shall not exceed a maintained value of 10_ Deleted:one footcandles,when measured int finished grades__________ Deleted: Deleted:for any fixture 4. The maximum light intensity,pn'a nonresidential site, except auto sales lots arid sports fields,_ shall not exceed a maintained value of f C footcandles, when measured rat finished grade___ Deleted:three feet above Deleted:directly 5. The maximum light intensitypp an auto sales lot shall not exceed a maintained value of 40 p' -- -------- ----- "', Deleted:below the light source footcandles,when measured�at finished grader_- _ ` -------------------1; °, Deleted:for any fixture 6. The maximum light intensitypn a_sports field shall not exceed a maintained value of 50 `c', 0 Deleted:three feet above footcandles,when measured three feet above grade, Basebafl field lighting may be increased ° ',``'�;� Deleted:directly to a maintained value of 100 footcandles with approval of the Community Development r,;"�;` Deleted:below the light source Director. a`, ,, _ a`','•. Deleted:for any fixture 7. Outdoor lighting shall be completely turned off or significantly dimmed at the close of ;;`': Deleted:threeieetabave business hours unless lighting is essential for security or safety (e.g. illumination of parking_,. - areas and plazas) Deleted:dir_ec y ,�`` Deleted:below the light source 8. Outdoor lighting shall not blink,flash,or rotate. Deleted:for any fixtu e 9. Outdoor flood light projection above the horizontal plane is prohibited, unless exempted by Deleted:directly Section 17.23.080. 0 Deleted:below the light source • Deleted:-public 10. All upward directed sign lighting, including illumination of billboards, is prohibited, unless Deleted:public �l� 1 - 13 cityo San Luis OBISPO Attachment 3 F P zonmG Reculations .I une 2009_�,_- Deleted:FenauAUy exempted by Section 17.23.080. 11. Outdoor sports fields shall not be illuminated after 11:00 p.m. except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m. 17.23.050 New Development Standards. In addition to required operational standards, new development projects shall incorporate the following regulations: 1. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing PP Figure X. Examples of outdoor light -- fixtures No Yes through the lowest point of the fixture(See Figure X).cutoff fixtures must be installed usin4a_ `` Deleted:Full c horizontal lamp oesit10!1 Lig hting_fixtures should be_ of a desiipn that complements building Deleted:in design and landscaping, and may require architectural review. Deleted: as designed 2. Outdoor lighting shall be fully shielded or recessed(See Figure Y). 3. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Parking lot lights shall not exceed a height of 21 feet,_and wall-mounted lights shall l__ Deli:o not exceed a height of 1.5.feett, from the adiacent_grade to the ottom of the fixture. The ` Deleted:a Architectural Review Commission can approve an exception to these height standards based on specific extenuating circumstances. Deleted:top 4. All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flush-mounted canopy fixtures with flat lenses. 5. Search lights, laser source lights,or any similar high-intensity light shall be prohibited, except, in emergencies, by police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. Exceptions may be granted in conjunction with approved temporary lighting. Attachment 3 city of san Luis osispo fEBRUARV 2009 zonmcr ReOulatIOns Allowed Prohibited Figure Y. Fiteesawemu re W ooiace is nnmse gme m0ligm Teepee, FMW s twt produce ylae and WA VMMB Examples of and to laeOlp41°mar VWM ar ngat outdoor light fixtures, r.. Fub C"Futures B pL skN4ed Unshie;ded Floodh" sslded I,I(''�\\ c Wa@evy al"eor?aory-ememetl Fldddrynm G� wal'paG 6%V31BabIds ®�L�Y� UnSNUedwedpecks m 8 thatlieled Pooay-ahF d ftaesw au Mounn t fi.Win � FW,Y 51ie'Getlfirures Drop-Lens 85aa-Lens FNturen V exposed We/re"n),dor left Fi:Cuto7 s-Mts lgM Unshielded 5l lght Fu.y sherd Peaq@srtyk � UnMreidatl Futures �{(� FW:y sltK3ded ® Lf sec. twM un:n.eleed •� seotrry lrgnt �tsHedlPropaMan+ed Finn Atoarded CermpY Urttlelded PAR DraPLens Canopy PAR Fbartignc F.�ses s. r• ;igMs _ M Figures shown are examples for the public and staff to use in meeting the intent of this Section.The City of San Luis Obispo does not endorse or discriminate against any manufacturer that may be shown or mentioned as examples. 17.23.060 Temporary Lighting. The Community Development Director may approve temporary lighting that is an exception to the regulations contained in this section.The Director must make the following findings: 1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days; and 2. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as feasible. 17.23.070 Nonconforming Fixtures. No outdoor lighting fixture which was installed prior to the enactment of Ordinance XXXX, and was consistent with Zoning Regulations at the time of installation,shall be required to be removed or modified. However, no modification or replacement shall be made to a nonconforming fixture Deleted:All nonconforming lighting unless the fixture thereafter conforms to the provisions of this section., associated with a nonconforming structure that is damaged to an extent of one-half or more of its replacement 17.23.080 Exemptions. cost immediately prior to such damage may be restored only if made The following lighting fixtures are exempt from the requirements of this section: to conform(see Section 17.14.020A). PHI - 15 city of san lull ostspo Attachment 3 zoning RegUtdtlons June 2009_I._ Deleted:.fescuvty 1. Neon and other low intensity outdoor lighting fixtures used for signage or architectural decoration that are approved through architectural review. 2. Outdoor lighting fixtures on public right-of-ways provided that measures have been taken to mitigate impacts on surrounding properties and the night sky. 3. Emergency lighting operated by public agencies or for the purpose of aviation safety. 4. All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure. 5. Non-electric lighting such as gas lamps or kerosene lanterns. 6 Temporary lighting equipment and seasonal lighting equipment provided that individual lambs- are ambs - - Formatted;Bullets and Numbering are 10 watts or less. Deleted:WbHoliday lighting fixtures 7—Accent lighting for architectural features, national flags, statues, public art, signage or other '""'® objects of interest provided the fixture emits a very narrow cone of light for the purpose of Deleted: ,seasonal lighting confining the light to the object of interest and minimizing spill-light and glare.Accent.lighting Deleted:avthat do is subject to Director's approval. Deleted:fives 8. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce- f Deleted:uv not exceed 60 watts.9 light pollution provided the level of illumination is not increased and subject_to_Director's I �^e Bullets and Numbering Director's- approval. Formatted:Bullets and Numbering Deleted: or improve efficiency PK ( - l � - Attachment 4 r ORDINANCE NO. (2009 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.23 RELATING TO NIGHT SKY PRESERVATION WHEREAS, the City's General Plan Conservation and Open Space Element Policy 9.1.6 mandates development of a night sky ordinance; and WHEREAS, the City Council has directed adoption of a"Night Sky Ordinance" as an Other Council Objective for the Community Development Department in the 2007-09 Financial Plan; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 13, 2008 and November 19, 2008 and recommended approval of an amendment to the Municipal Code implementing a night sky ordinance; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo, California, on October 20, 2008 and recommended approval of an amendment to the Municipal Code implementing a night sky ordinance; and WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 3, 2009 and continued the proposed amendment to allow for technical revisions; and WHEREAS, the City Council conducted a public hearing on June 2, 2009, for the purpose of considering an amendment to the Municipal Code implementing a night sky ordinance; and WHEREAS, the City Council has duly considered all evidence, including the testimony of interested parties, the records of the Planning Commission and Architectural Review Commission hearings, and the evaluation and recommendations by staff, presented at said hearings. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council makes the following findings: 1. The proposed amendment implements General Plan policies because it establishes a night sky ordinance (COSE 9.1.6), regulates outdoor lighting (COSE 9.2.3), and helps conserve energy(COSE 4.2, 4.31). 2. The proposed amendment implements an Other Council Objective of the 2007-09 Financial Plan because it establishes a night sky ordinance to preserve the nighttime environment through outdoor lighting regulations. PH1 - 14 - �ftthment 4 Council Ordinance (2009 Series) Page 2 3. The proposed amendment is consistent with the Lighting section of the Community Design Guidelines because it incorporates standards such as directing outdoor lighting downwards, height restrictions on parking lot lights, and limiting illumination levels. 4. The proposed amendment will not cause significant health, safety or welfare concerns, since the regulations do not alter the density, character, or allowed uses within the City. The regulations contribute to the welfare of the community by preserving the starry night sky as a natural resource for all to enjoy. 5. The proposed amendment is exempt from CEQA in accordance with Article 19, Section 15308, because it is an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. SECTION 2. Action. The Council of the City of SanLuis Obispo does hereby approve amendment of the San Luis Obispo Municipal Code by the addition of new Chapter 17.23 (Night Sky Preservation) to Title 17 (Zoning)as set forth in Exhibit"A", attached: SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the day of , 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2009, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: onath owell, City Attorney I a Exhibit A city of san lues omspo zoninc, uEGulations ,luny 2009 Chapter 17023: Might Sky Preservation Sections: 17.23.010 Purpose 17.23.020 Definitions 17.23.030 Application Requirements 17.23.040 Operational Standards 17.23.050 New Development Standards 17.23.060 Temporary Lighting 17.23.070 Nonconforming Fixtures 17.23.080 Exemptions 17.23.010 Purpose. To establish outdoor lighting regulations that encourage lighting practices and systems that will: 1. Permit reasonable uses of outdoor lighting for nighttime safety, utility, security and enjoyment while preserving the ambience of night; 2. Curtail and reverse any degradation of the nighttime visual environment and the night sky; 3. Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or unnecessary; 4. Help protect the natural environment from the damaging effects of night lighting; 5. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs (Title 24, Chapter 6). Other laws or ordinances may require minimum illumination levels for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern. 17.23.020 Definitions. "Foot-candle" is a unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot or the intensity of light from a standardized candle burning at one foot from a given surface. "Low-intensity" means lighting designed to accent architectural features or signs that does not produce glare, such as tubular neon or LED rope lighting. "Light pollution" means the night sky glow caused by the scattering of artificial light in the atmosphere. 17.23.030 Application Requirements. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, and/or approval of any development project, the applicant shall, as a part of said application, submit sufficient information to enable the Community Development Department to determine whether the proposed lighting will comply with the provisions of this Section. The application shall include the following: P4� 1 -I B01bit "A" city of san Luis oBispo i Esauauy 2009 zonmG ueculations 1. A site plan indicating the proposed location of all outdoor lighting fixtures that are not exempted by Section 17.23.080. 2. A description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs. 3. Photometric plans depicting the location of all light poles and building mounted lighting fixtures and a maximum 10-foot by 10-foot grid of both the initial and maintained lighting levels on the site. 4. The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts. 5. Any other information the Community Development Director may determine is necessary to ensure compliance with the provisionsof this Section. The Director may waive any or all of these requirements if compliance can be determined based on available information. 17.23.040 Operational Standards. Outdoor lighting shall be designed, installed and maintained to prevent nighttime sky light pollution, preserve and enhance visibility of stars and use energy efficiently by lighting only those areas or objects necessary for safety and security. All outdoor lighting shall conform to the following regulations: 1. Outdoor lighting shall be directed downward and away from adjacent properties and public rights-of-way. 2. No lighting on private property shall produce an illumination level greater than two maintained horizontal footcandles at grade on any property within a residential zoning district except on the site of the light source. 3. The maximum light intensity on a residential site shall not exceed a maintained value of 10 footcandles, when measured at finished grade. 4. The maximum light'intensity on a nonresidential site, except auto sales lots and sports fields, shall not exceed a maintained value of 10 footcandles, when measured at finished grade. 5. The maximum light intensity on an auto sales lot shall not exceed a maintained value of 40 footcandles, when measured at finished grade. 6. The maximum light intensity on a sports field shall not exceed a maintained value of 50 footcandles, when measured three feet above grade. Baseball field lighting may be increased to a maintained value of 100 footcandles with approval of the Community Development Director. 7. Outdoor lighting shall be completely turned off or significantly dimmed at the close of business hours unless lighting is essential for security or safety (e.g. illumination of parking areas and plazas). 8. Outdoor lighting shall not blink,flash, or rotate. 9. Outdoor flood light projection above the horizontal plane is prohibited, unless exempted by Section 17.23.080. 10. All upward directed sign lighting, including illumination of billboards, is prohibited, unless �- Exhibit 11111 city of san Luis oslspo ZoninG Reclulations JgnE 2009 exempted by Section 17.23.080. 11. Outdoor sports fields shall not be illuminated after 11:00 p.m. except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m. 17.23.050 New Development Standards. In addition to required operational standards, new development projects shall incorporate the following regulations: 1. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing MAKIFigure X. Examples of outdoor light fixtures No Yes through the lowest point of the fixture (See Figure X). Cutoff fixtures must be installed using a horizontal lamp position. Lighting fixtures should be of a design that complements building design and landscaping, and may require architectural review. 2. Outdoor lighting shall be fully shielded or recessed (See Figure Y). 3. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Parking lot lights shall not exceed a height of 21 feet, and wall-mounted lights shall not exceed a height of 15 feet, from the adjacent grade to the bottom of the fixture. The Architectural Review Commission can approve an exception to these height standards based on speck extenuating circumstances. 4. All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flush-mounted canopy fixtures with flat lenses. 5. Search lights, laser source lights, or any similar high-intensity light shall be prohibited, except, in emergencies, by police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. Exceptions may be granted in conjunction with approved temporary lighting. P4A i al Uhlblt "A" city of san lues oslspo �esRuauy 2009__ zonmr,ttequtations Allowed Prohibited Figure Y. Fudunm that shield the light eaam;m*vazze gime and light enpass Fudurea mat produce glare and rx taesoas Examples of am to rapittate seder vlslon at nightoutdoor light :. fixtures' aee FW Cuhtff FBtWres B Ful ShieMed Unshielded Fbodlighta - IYelkway or Poalyahlel�d Flootlilghtt Fully Shi&Wall Bollards Waapaek d Wall Moms Fcmaee g �II Umhielded Wallpacka _ 8 � Unctieled or u Pot dWall Mount Fbftue � c aae� FWN Shiellied Furfures omp.Lens E Sag-Lens Fudums w/exposed W6 r refractor lem Full Cutoff streetlight Unshielded Streetight VF NShietdedriod'Style0 a Unshielded umraes ^� 'Peried'$tyleFbdums im FWN Shielded Unshteltled Y Secuirty Li9M • Shkltletl/.Pmpedy-eim__etl FWyeh MFinduM Canopy UmMelded PAR PAR Floodlights ` VDrop-Lens YF�bolphts Fwum I M IMI Figures-shown are examples for the public and staff to use in meeting the intent of this Section.The City of San Luis Obispo does not endorse or discriminate against any manufacturer that may be shown or mentioned as examples. 17.23.060 Temporary Lighting. The Community Development Director may approve temporary lighting that is an exception to the regulations contained in this section.The Director must make the following findings: 1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days; and 2. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as feasible. 17.23.070 Nonconforming Fixtures. No outdoor lighting fixture which was installed prior to the enactment of Ordinance XXXX, and was consistent with Zoning Regulations at the time of installation, shall be required to be removed or modified. However, no mod cation or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this section. 17.23.080 Exemptions. The following lighting fixtures are exempt from the requirements of this section: -PA I -a� Uhlbit "N' city of san Luis ostspo zoninc, aeculattons ,tune 2009 1. Neon and other low intensity outdoor lighting fixtures used for signage or architectural decoration that are approved through architectural review. 2. Outdoor lighting fixtures on public right-of-ways provided that measures have been taken to mitigate impacts on surrounding properties and the night sky. 3. Emergency lighting operated by public agencies or for the purpose of aviation safety.. 4. All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure. 5. Nonelectric lighting such as gas lamps or kerosene lanterns. 6. Temporary lighting equipment and seasonal lighting equipment provided that individual lamps are 10 watts or less. 7. Accent lighting for architectural features, national flags, statues, public art, signage or other objects of interest provided the fixture emits a very narrow cone of light for the purpose of confining the light to the object of interest and minimizing spill-light and glare. Accent lighting is subject to Director's approval. 8. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce light pollution, provided the level of illumination is not increased and subject to Director's approval. PR 1-a3