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HomeMy WebLinkAbout1527ORDINANCE 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. 01527 Ordinance No. 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 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 2nd day of June, 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7d' day of July, 2009, on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None I fo--] Mayor D. • ' • • ATTEST: 1 INrabO aN10!► Soso ant is a VW a and emoM at�i a►OedWWWO No.17 Elaina Cano 0W**" paskoft Interim City Clerk to C WIN M. 7 -L� APPR ED AS TO ORM: - Jonathan P. Lowell City Attorney Exhibit A city of san LUIS OBISPO zoninej ReclutAtions JunE 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 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: city of san luis OBISpO fCBRUa12y 2009 zonlnc, REGUtdtions 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 City Of San LUIS OBISPO zonmG REGutations JunE 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 Figure 10. Examples of outdoor light fixtures No Yes 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. city of SAn Luis OBISpo fCBRUA12y 2009 zoning necuLAtions Al lowed Fixtures that shield the light source to minimize glare and light trespass and to facilitate berer vision at night t / -- Full Cutoff Fixtures Fully Shielded Fully Shielded Walkway n 'Nall Bollards Mout F ixt ures Fully Shielded Fixtures Prohibited Fixtures t;at produce glare and light trespass Unshielded Floodlights or Poorly- shielded Floodlights Unshielded Wallpacks &Unshielded or .� ' Poody shi Ided'NaIS �,, r� Mount Fixtures Hib c Drop -Lens & Sag -Lens Fixtures V exposed bulb 1 refractor lens Full Cutoff Streetlight Unshielded Streetlight 1L Fully Shielded Period' Stye Unshielded Fixtures x 'Period' Style • a,emeaa Fixtures r ncc.w.m• /1 Fully Shielded ' f A Lighi Unshielded Security rr L � Security Light Shielded 1 Properly_ainied Flush Mounted Canopy Unshielded PAR PAR Floodlights Fixtures Floodlights Drop -Lens Canopy 9 Fixtures ea •roe Figure 11. Examples of outdoor light fixtures' ' 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: City of SAn LUIS OBISPO zonlnq RcquLAtions junE 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. 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.