HomeMy WebLinkAbout07/07/2009, C3 - ADOPTION OF ORDINANCE NO. 1527 (2009 SERIES), AMENDING THE MUNICIPAL CODE BY THE ADDITION OF CHAPTE Ancouncil IMMV oT
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CITY O F SAN LUIS O B I S P O
FROM: John Mandeville, Community Development Director
Prepared By: James David, Assistant Planner
SUBJECT: ADOPTION OF ORDINANCE NO. 1527 (2009 SERIES),
AMENDING THE MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 17.23 RELATING TO NIGHT SKY PRESERVATION;
(GPI 47-08).
RECOMMENDATION
Adopt Ordinance No. 1527, amending the Municipal Code by the addition of Chapter
17.23 relating to night sky preservation.
DISCUSSION
On June 2, 2009, the Council of the City of San Luis Obispo voted 5-0 to introduce
Ordinance No. 1527. Ordinance No. 1527 amends the Municipal Code by the addition of
Chapter 17.23 relating to night sky preservation. The ordinance implements General Plan
policy and a Council objective from the 2007-09 Financial Plan. by preserving the
nighttime environment through outdoor lighting regulations. The Night Sky ordinance
requires new development to direct lighting downward and away from adjacent
properties, shield or recess light sources, minimize unnecessary illumination, and meet
specific design and performance standards that help preserve the night sky. Ordinance
1527 is now ready for adoption and will become effective 30 days after its final passage.
ATTACHMENT
Ordinance No. 1527
T:\Community Developmental fight Sky\GPI 47-08(Night Sky)_CC_2id Read
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attachment
ORDINANCE NO. 1527 (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.
C3-c)-
Attachment .
Council Ordinance 1527(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 concems, 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 start'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 San Luis 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
APP ED AS FORM:
Jonathan Lowell, City Attorney
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Exhibit A
City Of san LUIS OBIspO
zornnq Regulations ,lune 2009
Chapter 17.23: Night Sky Preservation ATTACHMENT
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:
C3 -
ATTACHMENT Exhibit "N"
city of San lues OBlspo
feBRUARy 2009 zonmq Reclutations
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 provisions of 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
C 3 -5
ATTACHMEN'J, llblt 'IN'
city of San Luis OBISPO
zoning uEGulations ,lune 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
i la
Figure 10.
Examples of
outdoor light
C fixtures
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through the lowest point of the fixture (See Figure 10). 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 11).
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 specific 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.
C3,L
ATTACHMENT 7� EA bat 'IN'
city of San lulls OBISPO
f613RUaRy 2009 zonings R6quUtlons
Allowed Prohibited Figure 11.
FaRam that shield theme source b nmdn=gwe and light trespass Fixtures mat produce glare and light tresoass Examples of
and to facilitate beser'rwon at night outdoor light
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Unshielded Floodlights
Fuly Shielded or Poorly-ohieltlW Floodlight
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FWI Cutoff Streetlight Unshielded Streetlight
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' 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 1527, 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
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:
C 3-�
ATTACHMEN: Exhibit 'IN'
city of San luls OBISpo
zonmci Reculations ,lune 2009
I. 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 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.
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