HomeMy WebLinkAbout02/03/2009, PH1 - PROPOSED NIGHT SKY ORDINANCE TO MITIGATE THE NEGATIVE EFFECTS OF OUTDOOR LIGHTING. coun(�ciL»C nEM°� 3 0
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CITYOF SAN LUIS 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 can
also alter the setting of rural and
natural areas by highlighting the
built environment and creating
Effects of light pollution
GPI 47-08 (Night Sky)
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:
Ij
GPI 47-08 (Night Sky) `
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, 1r1
while improving nighttime public safety, utility, Glare-10°/a �I
and security, and preserving the night sky as a
natural resource and thus people's enjoyment of
looking at the stars.
An added benefit of this ordinance is increased Productive-40%
energy efficiency. Limiting excessive lighting I 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)
Page 4
Field Research
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-candlesType Heiglit (ft)
Partially shielded commercial wall mount 1 8 10
Partially 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
nshielded 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.
TN I-q
t 1
GPI 47-08 (Night Sky)
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-PLANUDAVIDWight SkyIGP147-08(Night Sky)_Council Report
Attachment
San Luis Obispo Community Deskr Guidelines 6.1—Miscellaneous Design Details
C. Lighting. Exterior lighting should be designed to be compatible with the architectural and landscape
design of the project,and not create a nuisance for adjacent and nearby properties.
1. All outdoor lighting shall be directed downward and not spill onto adjacent properties.
2. An appropriate hierarchy of lighting fixtures/structures and intensity should be considered when
designing the lighting for the various elements of a project (i.e., building and site entrances,
walkways,parking areas, or other areas of the site).
4. 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 the each light fixture shall not
exceed 10 footcandles under the fixture, and three footcandles at the dimmest point.
5. The design of outdoor light fixtures should be in keeping with.the architectural style of adjacent
structures. Outdoor wall-mounted fixtures should not exceed a height of 14 feet or the height of
the building, whichever is less. Photometrics must accompany a request for taller lighting
fixtures, and will require specific ARC approval.
6. The use of exterior lighting to accent building architecture is encouraged. All lighting fixtures
should be'properly shielded to eliminate light and glare from impacting adjacent and other
properties,and passing vehicles or pedestrians. When neon tubing is used to illuminate portions
of a building it should be concealed from view by parapets,cornices or ledges. Small portions of
exposed neon tubing may be used to add special emphasis to an architectural feature, but this
must be well thought out and integrated into the overall design.
7. No lighting on private property shall produce an illumination level greater than one footcandle on
any property within a residential zoning district except on the site of the light source.
8. No permanently installed lighting shall blink, flash, or be of unusually high intensity or
brightness.
9. Exterior lighting should enhance building design and landscaping,as well as provide for safety
and security, but should not create glare for residents or neighbors. Cut sheets or details of
lighting fixtures shall be submitted with plans to confum that lighting will be cast downward,
rather than spreading glare onto adjacent properties.
10. Lighting fixtures should be durable, and of a design that complements building design and
landscaping.
Chapter 6—Site Planning&Other Design Details May 2008
63
s Attachment .zARC 50-03
Page 4
Li tin
Staff performed a lighting analysis of auto dealers in the City. Using a light meter placed
directly below the light source at 3 feet above the ground staff recorded the following results:
Coast Nissan/BMW
Average intensity: 10 foot candles or less
Brightest light: 15 foot candles
Sunset Honda
Average intensity: 45-50 foot candles
Brightest light(one light): 75 foot candles
Toyota
Average intensity: 35-40 foot candles
Brightest Light: 40 foot candles
Rancho Grande
Average intensity: 40 foot candles
Brightest Light: 45 foot candles
Used Cars (1407 Auto Park)
Average intensity: 35-40 foot candles
Brightest light: 40 foot candles
The style and color of light can create effects that make the light appear far brighter than it is.
Lights that utilize protruding lenses may have the same intensity on site; however produce
additional spillage off site, giving a much brighter appearance to the property (example at 1407
Auto Park).
Attachment
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
August 13, 2008
ROLL CALL:
Present: Commissioners Amanda Brodie, Dan Carpenter, Carlyn Christianson,
Diana Gould, Michael Multari, Vice-Chairperson John Ashbaugh, and
Chairperson Charles Stevenson
Absent: None
Staff: Deputy Director of Community Development Doug Davidson,
Associate Planner Phil Dunsmore, and Planning Technician James
David
ACCEPTANCE OF AGENDA: The agenda was accepted as submitted.
MINUTES: The minutes of July 23, 2008, were approved with Commission
comment to ensure that the motions are indicated on continued items.
PUBLIC COMMENT: There were no comments made from the public.
PUBLIC HEARINGS:
1. City-wide. GPI 47-08: Development of Night Sky Ordinance to mitigate light
pollution at night; City of San Luis Obispo, applicant. (James David)
James David, Planning Technician, presented the staff report, recommending the
Commission adopt the resolution implementing a night sky ordinance. Staff explained
that the night sky ordinance is a response to General Plan Policy in the Conservation
and Open Space Element (9.1.6), and City Council objectives adopted in the 2007-09
Financial Plan. Staff elaborated that the ordinance would reduce light pollution, light
trespass, and unnecessary illumination, which will help preserve nighttime views of
stars. Proposed regulations include downward facing light fixtures, shielding and
recessing light sources, reducing unnecessary illumination, and turning off lights that
are nonessential for security after business hours.
PUBLIC COMMENTS:
Mike Baron, San Luis Obispo, asked how the ordinance would affect landscape accent
lighting of trees.
There were no further comments made from the public.
Planning Commission Minutes-'
August 13, 2008 Attwhlmeflit-3
Page 2
COMMISSION COMMENTS:
Commr. Multari commended staff on the intent of the ordinance but had some concerns
about the logic and formatting of the language. He felt the ordinance jumbled together
standards for commercial and residential lighting. Multari said the language was
confusing and suggested that the Commission consider continuing the item to a date
certain for additional research and formatting. He suggested that the Commission form
a subcommittee, including himself, to help staff edit the document. Multari questioned
design standards; operational standards, illumination thresholds, and whether to exempt
residential porch lights.
Commr. Brodie had similar questions as Multari but also asked about restaurant outdoor
seating and temporary holiday lighting..
Commr. Christianson said she generally supports the ordinance, but has concerns
about the report's format regarding residential and commercial regulations. She
discussed the section on the effects of glare on your private property and exemption for
public facilities.
Commr. Carpener appreciated Commr. Multari's comments. He motioned to continue.
Vice-Chair Ashbaugh discussed how the ordinance would address billboard lighting,
and if SLO Film Festival's search lights would be prohibited. He felt the ordinance was
a good step in the right direction and that enforcement should have a logical format and
be easy to implement.
Chairperson Stevenson expressed concern about large retail parking lots and if they
could switch off their center lights sometimes as not necessary.
On motion by Commr. Carpenter, seconded by Commr..Brodie, to continue the item to a
date certain (09/27MM and form a subcommittee consisting of Commrs. Multari and
Ashbaugh.
AYES: Commrs. Carpenter, Brodie, Ashbaugh, Christianson, Multari, Gould, and
Stevenson
NOES: None
RECUSED: None
ABSENT: None
The motion carried on a 7:0 vote.
2. 08thou II Avenue and 13Q4.ft u h 1476 Foothill Boulevard.
TR/GP/R 200-07: Vesting a act Map and rezoning from medium-high
density residential (R-3) to -density re .- i R-4) to accommodate a new
16-unit project 0 Foothill; R-3 zone; SL ' �h finents, applicant.
(Continue July 23, 2008, meeting) (Phil Dunsmore).
F4A (-I
Attachment
e
SAN LUIS OBISPO
ARCHITECTURAL REVIEW COMMISSION MINUTES
October 20, 2008
ROLL CALL:
Present: Commissioners Jim Duffy, Steven Hopkins, Zeljka Howard, Anthony
Palazzo, Chris Weber, Vice-Chair Greg Wilhelm and Chairperson Allen
Root.
Absent: None
Staff: Senior Planner Pam Ricci, Assistant Planner James David, and Recording
Secretary Janet Miller
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:
There were no public comments.
PUBLIC HEARINGS:
1. City-Wide GPI 47-08; Review of the draft Night Sky Ordinance to mitigate light
pollution at night; City of San Luis Obispo, applicant (James David)
James David, Assistant Planner, presented the staff report, recommending that the
ARC recommend approval of the draft ordinance to both the Planning Commission and
City Council. He explained that the proposed ordinance supported the City's General
Plan policies, specifically, the City's Conservation and Open Space Element (COSE)..
He noted that the reference to lighting in the current version of the Zoning Regulations
is very generic and that the proposed ordinance will provide specific standards to
ensure that the night sky is protected as a valuable environmental resource for all
residents to enjoy. He added that the ordinance defines light intensity thresholds for
residential and commercial properties that align with data collected.
Pam Ricci, Senior Planner, suggested that there should be a process for the ARC to
approve exceptions to allow taller lighting fixtures based on extenuating circumstances
consistent with the process outlined in the Community Design Guidelines.
PUBLIC COMMENTS:
There were no public comments
lo
-ARC Minutes
October 20, 2008 AMhmeint
Page 2
COMMISSION COMMENTS:
Commr. Hopkins asked for clarification from staff on how Section F; Nonconforming
Fixtures, would work and assist in getting non-compliant fixtures replaced sooner..
James David pointed out that the language in the proposed ordinance has a narrow
focus to only support modifications to nonconforming fixtures if they are made to
conform:
Commr. Howard felt that applicants proposing higher light features to match existing
ones should not be encouraged. She was also concerned that there should be careful
review of lighting with the review of parking_ structures given their scale and prominence
along streets.
Commr. Duffy explained that lighting.thresholds for sport fields should be different than
other commercial uses. He suggested specific illumination thresholds for sports fields
(50 footcandles), auto sales lots (20 footcandles), and commercial parking lots (10
footcandles). He also recommended that when the Community Design Guidelines are
updated that the reference to metal halide lights as the preferred type of light becomes
more generic to refer to a preferred color temperature range to take into account other
energy-efficient alternatives that cast a light in the white range.
Chairman Root addressed that language in Section C.1. regarding exemptions should
be expanded to include other types of low-intensity accent lighting beyond neon.
Commr. Wilhelm agreed with Chairman Root about the modification to Section C.1. to
exempt other decorative, low-intensity sculptural lighting elements.
Commr. Palazzo discussed how measuring lighting pole heights for parking structures
can be challenging because of the sloping levels. He suggested that the wording of
Standard B.2.d. be reworded to clarify that the total height of a pole light would be
measured from the finished grade "at its base"to the top of the fixture.
Commr. Howard questioned whether there was any reference to maintaining certain
distances between light poles in parking lots, which staff noted was not a component of
the proposed ordinance.
Pam Ricci noted that in Section B.2.c. there should be a distinction between height
limits for pole lights (20 feet) and wall mounted lights (14 feet) to be consistent with the
language in the Community Design Guidelines.
On motion by Commr. Howard, seconded by Commr. Hopkins. the ARC recommended
that the Planning Commission and City Council approve an amendment resulting in the
addition of a night sky ordinance to-Chapter 17.18.030 of the Municipal Code, based on
findings, and with suggested edits based on their discussion. After adoption, the ARC
recommended that staff update the Community Design Guidelines to better align with
night sky ordinance standards.
-
T T%
ARC Minutes —' Attachment
October 20, 2008
Page 3 '
AYES: Commrs. Duffy, Howard, Palazzo, Hopkins, Weber, Wilhelm, and Root
NOES: None
RECUSED: None
ABSENT: None
he motion passed on a 7:0 vote.
2. 310 Foothill Boulevard. ARC 200-07; Final review of a new 16-unit residential
co dominium project; R-3 zone; SLO Investments, applicant. (To be continued to a
date ncertain) (Phil Dunsmore)
PUBLIC CO ENTS:
There were nop lic comments.
On motion b Comm . Ho kins seconded by Commr..Palazzo the item was continued
to a date uncertain with&t discussion.
AYES: Commrs. Du Howard, Palazzo, Hopkins, Weber, Wilhelm, and Root
NOES: None
RECUSED: None
ABSENT: None
3. Staff
a. Agenda Forecast - Pam Ricci provi ed an agenda forecast for the upcoming
November 3`d meeting. She noted tha a meeting would be held in the Council
Chamber because the Council Hearing oom would be unavailable since it
would be used as a polling place for Electio Day.
b. Budget Goals — Review and discuss working ft based on ARC discussion of
10-06-08.
The Commission reviewed a draft of the budget oals based on direction
provided at the October 6th meeting. They ranked the oals in order of priority
and directed staff to make some minor edits. Based on a extended discussion,
the Downtown Urban Design Element moved up to the top iority with many of
the issues related to streetscape furniture and improvements at were brought
up by the October 6th presentation by Dave Garth being include s components
of the desired plan. Similarly, downtown maintenance was ranked s the second
priority in terms of the ARC's recommended goals. The Commission Iso added
improved trash and recycling facilities for major downtown remodels to a list of
updates to the Community Design Guidelines. As recommended by mmr.
Weber, additional criteria for infill residential development was added as o e of
the desired updates to the Community Design Guidelines.
Attachment 5
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
November 19, 2008
ROLL CALL:
Present: Commissioners, Carlyn Christianson, Michael Multari, Arlin Singewald,
Vice-Chair John Ashbaugh, and Chairperson Chuck Stevenson,
Absent: None
Vacant
Positions: Two
Staff: Deputy Community Development Director Doug Davidson, Assistant
Planner James David, and Recording Secretary Janet Miller
ACCEPTANCE OF AGENDA: The agenda was accepted as presented.
MINUTES:
The minutes of October 22, 2008, were approved as amended by Commr. Multari,
addressed on pages 4 & 5.
The minutes of November 5, 2008, were approved.
PUBLIC COMMENT:
There were no comments made from the public.
PUBLIC HEARINGS:
1. City-wide. GPI 47-08: Review of a draft Night Sky Ordinance to mitigate light
pollution at night; City of San Luis Obispo, applicant. (James David)
James David, Assistant Planner, presented the staff report. Staff focused on the
definition of the term Night Sky, illumination thresholds, billboard requirements, design
standards, and how to make the ordinance an efficient and enforceable planning tool.
Chairperson Stevenson asked for further clarification regarding a temporary light permit.
Commr. Christianson asked for further information concerning foot-candle
measurements and lighting height.
Commr. Multari asked for focus on exemption C8 subject to Architectural Review. How
much does review cost. Staff replied $1012. He suggested making accent lighting
subject to Directors approval.
03
Planning Commission Minutes Attachment ' 5
November 19, 2008
Page 2
Commr. Ashbaugh asked for clarity on exemption item C; Holiday lighting. Temporary
lighting, 3ro item was omitted in draft and would like to know rational. Staff replied that
the subcommittee had recommended the omission.
Commr. Singewald asked about local government regulations of lighting referencing
SB5X (CA. Energy Standards Statewide, energy efficiency and consumption). Staff
replied that regulation was being addressed in the Conservation and Open Space
Element of the General Plan.
PUBLIC COMMENTS:
Steve Shinn, San Francisco, representing CBS Outdoor. He provided testimony and a
letter concerning retrofit of upward-facing sign lighting for billboards. Mr. Shinn is
working toward upgrading all CBS billboard lighting fixtures statewide to comply with
Assembly Bill 32 greenhouse gas emission standards.
COMMISSION COMMENTS:
Commr. Ashbaugh asked if Mr. Shinn knew the wattage of billboard lighting fixtures in
foot-candles. He also asked about digital signage used in Los Angeles.
Chairperson Stevenson asked how many signs Mr. Shinn represented. Mr. Shinn
replied that they operated 25 signs with 13 illuminated. Top lit to a bottom lit could
change the conformity status. Mr. Shinn does not want to lose grandfather status.
Chairperson Stevenson noted that current sign requirements discuss hours of operation
and asked if text definitions were listed.
Chairperson Stevenson presented a possible purpose statement for the night sky
ordinance. He specified that the statement should also be linked to the Conservation
and Open Space Element, and that he would leave it to staff to craft language. He also
suggested whether the applicability of the ordinance should include new uses, building
and additions, non-conforming uses or structures, and city street lights. He would like
the ordinance to contain stronger language and definitions as a guide.
Commr. Ashbaugh supports the proposed purpose statement except for item 4, which
deals with non-conforming lighting. He commented that it is already covered in the
Zoning regulations. He also asked if we are trying to cover signs as well as illumination.
He crafted an exemption for billboards saying that none of the existing un-illuminated
signs could be illuminated but current illuminated signs could be modified to promote
energy efficiency.
Commr. Christianson said modernization should be under Director's discretion of
existing sign light. She supports repair of existing signs with up-to-date technology that
minimizes greenhouse gas emissions but does not specify one type of lighting.
Commr. Ashbaugh moved for approval of resolution with the findings contained in the
draft with 2 changes: (1) add purpose statements omitting #4 (Chairperson Stevenson's
handout to staff); (2) add an exemption #9 for existing advertising signage saying that it
Planning Commission Minutes Attachme10t
November 19, 2008
Page 3
may be upgraded subject to Director's approval to improve efficiency and eliminate light
pollution.
Commr. Multari agreed with Commr. Ashbaugh but stated language should be existing
illumination of outdoor signs upgraded in order to reduce light pollution or increase
efficiency provided level of illumination is not increased, and subject to Director's
approval.
Chairperson Stevenson asked if C1 had been reviewed by ARC. Commr. Multari
refocused on staff approval and what going through the process of review will cost.
Commr. Multari stated that he is comfortable with the staff findings for neon lighting.
Chairperson Stevenson referred to item 3D adding wording on temporary lighting. He
wants to amend the ordinance to include a light pollution definition, such as "Night sky
glow caused by scattering artificial light in the atmosphere."
There were no further comments made from the public.
On motion by Vice-Chair Ashbaugh, seconded by Commr. Multari, the Commission
voted 5:0 to approve the ordinance with two changes to the text: (1) add a purpose
statement omitting #4 (Chairperson Stevenson's handout to staff); (2) add an exemption
for#9 existing advertising signs saying that they may be upgraded subject to Director's
approval to improve efficiency and eliminate pollution.
AYES: Commissioners Carlyn Christianson, Michael Multari, Airlin Singewald,
Vice-Chair John Ashbaugh, and Chairperson Chuck Stevenson,
NOES: None
RECUSED: None
ABSENT: None
The motion carried on a 5:0 vote.
2. Staff
A. Agenda Forecast: Deputy Director Davidson provided the forecast and stated
that the next regularly-scheduled meeting of December 3`d is cancelled.
3. Commission
Council-elect Ashbaugh thanked the Commission and said he looked forward to
working with all of them as a City Councilmember.
ADJOURMENT:
The meeting adjourned at 8:30 p.m.
Attachment 6
ORDINANCE NO. (2008 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 on February 3, 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.
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.
RH 1 -l&
Attachment 6
Council Ordinance XXXX(2008 Series)
Page 2
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 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 role call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonathan Lowell, City Attorney
Exhibit A
city of san lues OBISPO
zonmc, ueculations feriuuauy 2009
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 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.
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.
"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:
1. A site plan indicating the proposed location of all outdoor lighting fixtures and signs.
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 data, such as that furnished by manufacturers, or similar, showing the angle of
cut-off of light emissions for the proposed luminaries.
P 1 - (81
Exhibit A
city of sin Luis oBispo
ff-BRLWRy 2009 Zonlnci neclulltions
4. 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. All outdoor lighting, other than approved outdoor sports field lighting, shall be designed and
operated so that no more than an average of one footcandle is measurable on a horizontal
plane at grade at the property line.
3. The maximum light intensity for any fixture on a residential site shall not exceed 10
footcandles, when measured three feet above grade directly below the light source.
4. The maximum light intensity for any fixture on a nonresidential site, except auto sales lots
and sports fields, shall not exceed 10 footcandles, when measured three feet above grade
directly below the light source.
5. The maximum light intensity for any fixture on an auto sales lot shall not exceed 40
footcandles, when measured three feet above grade directly below the light source.
6. The maximum light intensity for any fixture on a sports field shall not exceed 50 footcandles,
when measured three feet above grade directly below the light source.
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 public
parking areas and public plazas).
8. Outdoor lighting shall not blink, flash, or rotate.
9. Outdoor flood light projection above the horizontal plane is prohibited, unless exempted by
subsection C.
10. All upward directed sign lighting, including illumination of billboards, is prohibited, unless
exempted by subsection C.
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:
Exhibit A
city of San Luis osispo
zonmc, uEcuUtions fEsuuauy 2009
1. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be designed
and installed so that no emitted light will break a horizontal plane passing through the lowest
11% to
P
i
Figure X.
No Yes
point of the fixture (See Figure X). 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).t
Allowed Prohibited
Fix^.,ac!ha:shield Lne Gghtswrce Ca rvinimCe glare and IigM;respads Fixtures mat produce glare and light tespass
and to facilitate beter vision at right
aua ru:l Cutoff Fbctun:s ...a.
Unshte!oed Floodlights
Fuly Shielded or Poorly-shielceo Floodlights
Fu.y Shielded 'rlalknay
Walipack 8 wall Bollards
A1oum Fixaues II I I
e
l� Uruhie:ded Wa'laacks "
d 8 Unshielded'N III(
s
Poorly-shieldedMaurixttu Wali l '
A7cunt Flxtures
_ c
FuAy SMeitled Fi+Rures
Drop-Lens&Say-Lens Fixtures
n;exposed bulb 1 reVaGor lens
FullCutoff StreetlightUnshie:ded Streetlight
Fuly Shielded n _�•—
'PeriotP Style _ Unshiereo
Fixtures -" b� Pedotl'Style
ra wm i' "'I Fixtures
esaem ) I
Fully Shielded / / UnshieldSettmti will
Security
*1
• StrieWed t Propedyaimed Flush Mounted Canopy Unshielded FAR Crmp•Lens Canopy
PAR Flaadfi9Ms FT alightses
Figure Y.
� Examples of
outdoor light
fixtures
t 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.
Exhibit A
city of San LUIS OBISPO -
Fesuuaay 2009 zonmq 2ec,ulations
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 20 feet, and wall-mounted lights shall
not exceed a height of 14 feet, from the adjacent grade to the top 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.
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 t0 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
unless the fixture thereafter conforms to the provisions of this section. All nonconforming lighting
associated with a nonconforming structure that is damaged to an extent of one-half or more of its
replacement cost immediately prior to such damage may be restored only if made to conform
(see Section 17.14.020A).
17.23.080 Exemptions.
The following lighting fixtures are exempt from the requirements of this section:
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.
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. Individual holiday lighting fixtures or seasonal lighting that does not exceed 60 wafts.
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
T� t' -a�
Exhibit A
city of san LUIS ot3ispo
zontne, nequlations iesuuarzy 2009
is subject to Director's approval.
8.. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce
light pollution or improve efficiency, provided the level of illumination is not increased and
subject to Director's approval.
14 1-;;)L-
a Mcouncit m Em oRan bum
DATE: January 28, 2009
TO: City Council
VIA: Ken Hampian, CAO
FROM: Doug Davidson, Community Development Deputy Director
SUBJECT: Night Sky Ordinance-Council Meeting February 3, 2009
Attached is a staff response to Councilman Carter's questions on the proposed Night Sky
Ordinance.
Please call James David at extension #576 (781-7576) or Doug Davidson at extension #177
(781-7177) if you have any questions.
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02/02/09
Response to Councilmember Andrew Carter's concerns about draft Night Sky Ordinance
Thank you for providing your questions in advance. We appreciate your diligent review
of the proposed ordinance. Staff responses are in italics, immediately following each
question or comment.
1) Perhaps the biggest issue. There doesn't seem to be any allowance under 17.23.070 re. single
family homes which are changing their wall-mounted outdoor light fixtures. I changed mine
several years ago and nothing I used would have been in the allowed category (page PHI-20).
To be able to meet my porch/patio/driveway light(and safety) needs using only Allowed devices
would have required me to run additional electric lines. Not very realistic for an individual home
owner.
Fixtures are not limited to the images shown in Figure Y, under Section 17.23.050 (see
footnote #1, pg. PHI-20). They are provided as examples to illustrate what types of
lighting fixtures are allowed versus prohibited. The requirement is for outdoor lighting to
be "fully shielded or recessed". which implements the intent of preserving the night sky.
Council may suggest an exemption for low wattage residential lighting, however
residential outdoor lighting objectives can be met with shielded and recessed fixtures.
2) Why was 40 footcandles picked for auto lots instead of a lesser number,particularly since 2 of
5 (page PHI-4) are already below this level? Also, since car lots are such a big light polluter,
shouldn't we be seeking overall improvement. For example, what would a standard of 30 mean
vs. the proposed 40?
The threshold was based on visual analysis of samples measured in the field, past staff
research (attachment 2), and other municipal ordinances (the City of Santa Barbara
sets the illumination threshold at a maximum of 70 footcandles for auto sales areas).
The threshold of 40 footcandles was seen as an adequate compromise that addresses
auto dealership needs for product display and security while meeting the intent of the
ordinance. A standard of 30 footcandles rather than 40 would mean that less color and
detail would be visible.
3) For 17.23.040.11 (sports fields), I think 11:00 pm should be changed to 10:00 pm and 11:00
pm should be the absolute cut-off even for a game in progress.
The San Luis Obispo Blues play many night games at Sinsheimer Park. According to
the 2008 schedule, the latest game started at 7:35 pm, and five others began at 7:05
pm. The average baseball game lasts three hours, without extra innings, thus a game
can feasibly go past 10:00 pm. Cutting the lights at 11:00 pm will allow for the typical
game time as well as field and stadium clean up after a night game. Furthermore, Op
Std. #7 requires outdoor lighting to be completely turned off or significantly dimmed after
close of business, which would preclude sports field lights from being on when nobody
is using the field space.
4) I think we need some sort of standard for parking garages. This would acknowledge their
light needs for upper decks, yet also provide concrete standards. 17.23.050.3 (light fixture
heights) doesn't adequately address garages. I think bringing potential alternate wording to the
Council meeting would be helpful.
Outdoor lighting on parking garages will be subject to the same regulations as other.
nonresidential lighting fixtures. Under the provisions of the ordinance, lights would be
significantly dimmed after close of business (7 pm) except for lighting that is essential
for security and safety. Upper deck lights would be subject to height and illumination
standards unless an exception is approved by the ARC.
5) Bill Thoma asks a valid interpretation issue on 17.23.080.6 (holiday lighting) which I am not
sure you have addressed. When it comes to strands of Xmas lights, what is an "individual
fixture"? Each light bulb? If so, then a much lower number than 60 is needed. Can you imagine
an entire strand of 60 watt bulbs along the roofline or windows of a residential home?
Exemption #6 in Section 17.23.080 is meant for "individual holiday lighting fixtures or
seasonal lighting that does not exceed 60 watts". Total wattage of a string of lights
equals the number of bulbs multiplied by the wattage of each bulb. A typical mini-bulb
strand is low wattage (about 25 watts per 50-bulb strand).
6) 1 strongly believe that 12.23.080.8 (billboards) is too weak. I'd be interested in your bringing
wording for possible stricter standards to the meeting. Even removing "improve efficiency"
would tighten things up. But beyond this we should either require downward pointing lights or
establish standards for upward pointing lights such that they don't direct light above the
billboard.
The wording for this exemption came from Planning Commission Subcommittee
members Ashbaugh and Multari in response to public comment from CBS Advertising
representative Steve Shin (who plans on attending the hearing). The required Director's
approval process will implement a strict review process on any proposed upgrades to
billboard lighting.
7) With respect to commercial fixture which are out of compliance (in particular auto lots,
parking lots, sports fields, and billboards), I believe we need to set a timeline for compliance and
not just allow them to continue as is. I will propose 5 years.
Abating non-conforming light fixtures will be a significant departure from the intent of
what has been recommended. Ordinances that set up abatement periods must be
based on an analysis and formula that allows the fixture owner to realize their
investment in the fixture being abated.
8)There are many questions which Bill Thoma raises which I feel have been poorly addressed.
Comment noted. Staff will attempt to answer follow-up questions the Council may have.
Thoma 1 &4 -- If IES is the "gold standard" or "only standard" in this industry, then there is
little/no risk to using their standards and definitions.
There are many recommended standards for night sky protection from organizations
such as the International Dark Sky Association, Dark Sky Society, The Sierra Club, and
the Illuminating Engineering Society. It is atypical to see references to a specific non-
governmental organization in the City's Zoning Regulations.
Thoma 5 -- As regards who determines "security and safety, " the ordinance should probably say
something like "as determined by the ARC or Community Development."
The Community Development Department will review lighting associated with new
development projects per the application requirements outlined in the ordinance.
Thoma 6 -- It's hard to feel comfortable when staff is agreeing that the standard is "a bit vague"
and "could be difficult to enforce." Shouldn't we come up with a standard that is less"vague"
and "difficult to enforce"?
The ordinance is deliberately vague in some areas as it is intended to be a flexible
document that allows for some discretion.
Thoma 9 -- You've made no allowance in the ordinance that some aviation blinking lighting is on
private cellphone and antenna towers. You should acknowledge this.
The Council may wish to add: "or for the purpose of aviation safety"to the end of
Exemption #3 in Section 17.23.080.
Thoma 11 -- I think Bill is talking about a fixture which is not used for decoration but for
lighting.
If that is the case, the unshielded wall pack would be inconsistent with the goals of the
ordinance, General Plan policy, and the Community Design Guidelines.
Thoma 14 -- I think Bill is right that a definition of"low intensity" should be addressed. If not,
then the ordinance should say something again like "as determined by the ARC or Community
Development."
The ordinance does say that low intensity architectural lighting is subject to architectural
review. This leaves it open to staff level review or ARC review, depending on the
application.
Page 1 of 2
flA KD Copy �rh L
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From: Hampian, Keny ErATTORNEY 2-PW DIR
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-
Sent: Tuesday, February 03, 2009 9:36 AM L`CLERK/ORIG BCl DEPPOLICE CHF
To: Hooper, Audrey; Chippendale, Sue fD EP O-REC DIR
i �-, --� --
Cc: Mandeville, John; Davidson, Doug; David, James �.. rlZrg L3'UTIL DIR
_ G'HR DIR,
Subject: FW: Light Pollution al65 ' ' �NAub-c
Mr. Roide has asked that I share his concerns with the full Council so that they may be
addressed this evening. Please Red File
From: Ernie Roide [mailto:emie@promoplus.com]
Sent: Tuesday, February 03, 2009 9:28 AM
To: Hampian, Ken
Cc:jan@janmarx.com; Marx, Jan; Mandeville, John; 'John B. Ashbaugh'; Ashbaugh, John; Lowell, Jonathan P;
Hooper, Audrey
Subject: RE: Light Pollution
Thank you Ken...
I can not attend tonigh's meeting but would appreciate my concerns below be shared with the council as they consider this
proposal—there is a huge gap between the current proposal and compromising of personal safety/security and potential liability
Issues...
best,
ernie
R-D FILE
From: Ernie Roide [mailto:emie@promoplus.com] MEETING AGENDA
Sent: Monday, February 02, 2009 9:17 PM DATE--�* ITE."!
To: 'John B. Ashbaugh'; Ashbaugh, John
Thank you John for your quick response
after reading the information you provided, I am even more concerned...
the"right'level of light strength and light placement for proper security will obviously be a matter of opinion and can be argued
easily...
I can see it now, city forces a property owner to reduce the amount/kind of lights on their property and then there is criminal
activity or an accident on that property...one doesn't have to wonder who the property owner will be suing for damages and more...
this proposal is obtrusive to property owner rights and opens city up to potential class action lawsuits...
It is one thing to look at large public or commercial property lighting for this type of proposal but to start looking at the light
strength of porch lights on homes is Invasive at best...
the proposal Is using a large brush stroke to cover just about any property...It needs to be scaled back to large (set a limit)public
and commercial properties.
to propose that night sky vision is more Important than public safety and the security of families is way wrong
many thanks
emie rolde
From: John B. Ashbaugh [mailto:jbashbaugh@charter.net]
Sent: Monday, February 02, 2009 7:55 PM
To: 'Ernie Roide'
2/3/2009
Page 2 of 2
�# Thanks for your input on this issue, Ernie.
I can assure you that the Council does not intend to create another agency, nor even to use our existing
staff, to prevent any of our citizens from lighting their property in a manner that will deter criminal
activity. The operative language in the proposed ordinance, in fact, makes specific reference to security:
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 securi (emphasis added).
I'm attaching a copy of the staff report for tomorrow's meeting which includes the proposed ordinance
to this e-mail; please see pages 18-22 for the text of the proposed ordinance. Also,please let me know if
you have any difficulty opening the file and reading it. I think you'll find, when you read it, that the
ordinance is reasonable. In my view, it should be adopted approximately as it stands in order to promote
the objectives that are listed in the sentence above. I am willing, and I'm sure the Council is willing, to
consider changes that you might suggest, and I look forward to further comment from you either by
phone, e-mail, or in person at tomorrow's hearing. If you cannot make it to the Council Chambers (I
recommend being there no later than 7:30 p.m.), you may view us on Charter Channel 20 in a live
broadcast, or in re-broadcasts of the Council at regular intervals on that channel.
From: Ernie Roide [mailto:emie@promoplus.com]
Sent: Monday, February 02, 2009 12:48 PM
To: jbashbaugh@charter.net
Subject: Light Pollution
Dear)ohn,
I was a supporter of you for city counsel and glad to have you as our representative
I am very concern about the recent"Light Pollution"agenda at city counsel meeting and proposal to limit use of lights on our
property.Any police officer will tell you that the number ONE deterrent of crime at night Is LIGHTS!To try and create another
agency to police lighting of property owners Is insane.
My hope is that you may vote against any such attempt to Infringe on property owners rights to protect themselves against crimel
all the best,
emie
Ernie Roide-Promotion Plus,Inc.4104 Vachell Lane,5an Luis Obispo,CA 93401 -www.promoplus.com
Office-(805)541-5730/Cell -(805)550-8600/Fax(805)541-4795
be the change...
2/3/2009
A
1
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DATE: January 28, 2009 IeN 2 a 2009
TO: City Council SLO CITY CLERK
VIA: Ken Hampian, City Manager
FROM: Doug Davidson, Community Development Deputy Director
SUBJECT: Night Sky Ordinance—Council Meeting February 3, 2009
Attached is a response to Bill Thoma's questions for staff on the proposed Night Sky Ordinance.
Bill will be out of town and unavailable to submit his comments in writing before the Council
meeting. Staff met with Bill on Tuesday, the 27th, and the attached response summarizes that
discussion. Although, we haven't received written comments, we wanted to give the Council a
"heads up" and some context for Bill's upcoming testimony. Bill intends to address the Council
at the hearing on the 3'd. The questions and comments are technical in nature and do not affect
the implementation of the Ordinance as proposed. Staff is not recommending any changes to the
draft Ordinance at this point and will be ready to respond to any questions on this matter at the
meeting.
Please call James David at extension #576 (781-7576) or Doug Davidson at extension #177
(781-7177) if you have any questions.
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January 28,2009
Follow-up response to 01/27 meeting with Bill Thoma
The following items are in response to concerns raised by Bill Thoma, Thoma Electric, about the
Council draft night sky ordinance. Mr. Thoma is a lighting professional and he met with staff on
January 27`h to suggest edits to the draft ordinance. Please note that text in bold are Mr. Thoma's
concerns as perceived by staff, and do not reflect written correspondence from Mr. Thoma.
General Concerns
1. Include some reference to IES. It would be difficult to specifically reference the
Illuminating Engineering Society (IES) in a municipal ordinance. While some of the
standards may align with IES guidelines, staff wants to avoid singling out one particular
professional organization.
2. Include some reference to T-24. The purpose of the ordinance is to preserve the night
sky. An added benefit is that the ordinance addresses some of the provisions of Title 24,
to conserve energy and reduce winter peak electric demand (see Op. Std. #7). However,
referencing all the T-24 Energy Efficiency Standards for Outdoor Lighting and Signs
would increase the scope of this ordinance beyond its intent.
3. Regulate color. Regulating the color of lights (Metal Halide, High Pressure Sodium, etc.)
was considered and thrown out by the Planning Commission.
4. Definitions should match IES standards. Include additional definitions such as "full
cutoff'. The definition of"foot-candle" came from The American Heritage Dictionary of
the English Language, Fourth Edition. The definition of"light pollution" was proposed
by Commissioner Chuck Stevenson and approved by the Planning Commission at their
meeting in November. Additional definitions such as "full cutoff' would be helpful,
however Figure Y already gives a good graphic definition of the types of fixtures. We can
consider adding some additional definitions to the glossary of the Zoning Regulations
during the next update process.
Section 17.19.040
5. Who determines what is "necessary for safety and security"? The intention of
ordinance is to allow for some discretion. Past City practices have been to rely on the
lighting designer to determine what is "necessary for safety and security", within reason.
6. Measuring an average of one footcandle can be manipulated. Staff agrees that holding
the designer to an "average" of one footcandle at the property line is a bit vague and
could be difficult to enforce. However, taken in conjunction with proposed illumination
thresholds on a per fixture basis (Op. Std. #3 - #6) it can be an effective regulation for
protecting overall light trespass from a particular parcel.
7. Measure footcandles at grade. In reviewing photometrics diagrams in the past, staff
typically saw footcandle measurements that were taken three feet above grade below the
light source. Measuring footcandles at grade would also increase the allowable intensity
of the light source.
8. 50 footcandles is not bright enough for some types of play on sports fields. The 50
footcandle threshold is meant for municipal sports fields. This is based on recommended
levels for social or recreational sports from the Outdoor Lighting Code Handbook,
published by the International Dark-Sky Association.
9. Lighting for fire, life safety, and public safety such as aviation lights should be
allowed to blink, flash or rotate. Exemption #3 covers emergency lighting for fire, life
safety,public safety, aviation lighting, etc.
10. There is no subsection C. The ordinance was reformatted to align with Chapters in the
Zoning Regulations and "Subsection C" is a typo. Staff will replace it with the wording
"Section 17.19.080".
Section 17.19.050
11. The half-dome wall mount light that is prohibited is popular in fluorescent, which
does not create glare. Exemption #1 covers lighting used for architectural decoration
and will allow some unshielded wall packs provided they are low intensity.
12. The maximum 14 foot height for wall-mounted lights should be increased to 16 feet
to allow clearance over roll-up doors. The 14 foot height limitation for wall mount
lights is so that they remain at a "first floor" or"pedestrian level". This standard was first
implemented in our Community Design Guidelines. Staff has allowed for exceptions
through architectural review, and the ARC has deemed that staff level minor or incidental
review is acceptable for smaller projects.
Section 17.19.070
13. What about ballast replacement or lamp changes for nonconforming,fixtures? The
ordinance is not designed to be retroactive. The nonconforming requirements are
consistent with previously adopted nonconforming regulations regarding structures (MC
17.14.020A).
Section 17.19.080
14. Who defines low-intensity? The determination of what is "low intensity" will be on a
case by case basis through architectural review, as indicated.
15. Why are you exempting City streetlights? The City's streetlights are not major light
pollution offenders, and this exemption is motivated by safety concerns from the Deputy
Director of Public Works.
16. Does 60 watts mean per lamp or per site? Holiday lighting fixtures will be regulated on
an individual basis, as indicated.
17. Why exempt national flags and not state flags? The exemption for national flags is in
accordance with the United States Flag Code, Section 6a.
I
G�COUNCIL a CDD DIR
January 31, 2009 ZeA'9-4/Ti 61? SIN DIR
RED FILE Ci'A O rcrry Z'TIRE CHIEF
--- MEETING AGENDA E 'ATTORNEY Mpw DIR
D-CLERK/ORIG POLICE CHF
City Council DATE IT&A -I -h411 ❑ DEPT HEADS OIFIEC DIR
City of San Luis Obispo T P??6 3UTIL DIR
990 Palm Streeter� _ �f!'HR DIR
San Luis Obispo, CA 93401
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Dear City Council members:
You, your city's Planning Commission and its planning staff are to be commended for
proposing lucid, succinct and thorough Night Sky Preservation zoning regulations.
Figure Y is worth thousands of words. As a section leader in California for the
International Dark Sky Association, I am pleased to offer support for passage of this
excellent ordinance.
In addition to the ordinance as written, you may want to consider the following issues:
1. Do you want to encourage the use of timers for light fixtures with a definite beginning
and ending time for their use? Do you want to encourage the use of sensors on light
fixtures which are needed intermittently at night? If so, you may want to add a statement
about these two energy conserving products.
2. With new technology, such as LEDs (light emitting diodes), being rapidly developed,
do you want to make it clear that your intent is not to prevent the use of new lighting
technology? If so, you may want to add a statement that addresses this issue.
3. Will the City set a good example by using the ordinance for new projects/renovations
and also retrofitting other light fixtures as needed? Is there a way to require or strongly
encourage other governmental entities within the city limits to follow it?
If I understand the first paragraph in 17.23.030 Application Requirements correctly,
renovations requiring a building permit as well as new developments will be covered by
this ordinance. This will definitely help preserve the night sky.
But to restore the night sky, supporters of this ordinance need to work with the City to
develop awareness of"dark sky friendly" outdoor lighting among those not needing
permits. As they voluntarily retrofit their light polluting fixtures, then San Luis Obispo
truly will become a night sky viewing destination.
Sincerely,
Nancy Emerson, Santa Barbara County Section Leader
International Dark Sky Association