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RPVCCA_CC_SR_2014_09_02_04_Citywide_Outdoor_Lighting_RegsCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS ELOPMENT DIRECTOR SEPTEMBER 2, 2014 CODE AMENDMENT INITIATION REQUEST (CAIR) TO IMPROVE CITYWIDE OUTDOOR LIGHTING REGULATIONS FOR EXTERIOR LIGHTING (CASE NO. ZON2014-00320) Reviewed By: Carolynn Petru, Acting City Manager® Project Manager: Leza Mikhail, Associate Planne~ RECOMMENDATION Direct Staff to initiate a Code Amendment to improve the City's existing Development Code Standards for non-residential exterior lighting on private property including, but not limited to, specifying that light fixtures are to be fully shielded so the light source is not visible from any adjacent property, establishing acceptable color temperatures for exterior lights, imposing restrictions on exterior light emissions based on lumens instead of wattage, and addressing the glare of exterior lights to vehicles on public rights-of-way. BACKGROUND At the October 25, 2011 Planning Commission meeting, the Planning Commission requested a Staff Report of how exterior lighting for proposed non-residential development projects is reviewed by Staff and how conditions of approval are applied in order to avoid and/or minimize exterior lighting impacts. On January 24, 2012, the Planning Commission was presented with a Staff Report that explained the typical exterior lighting conditions that are applied to non-residential projects throughout the City. The report described how non-residential lighting is reviewed before and after non-residential projects are constructed. During the meeting, the Planning Commission created a sub-committee, composed of Commissioners Gerstner, Leon and Tomblin, to work with Staff in reviewing the City's current outdoor lighting requirements as well as lighting standards used by other similar cities for the purpose of determining whether amendments to the City's Development Code should be considered. On August 14, 2012, the Planning Commission was presented with a compilation of outdoor lighting requirements for other Southern California cities that were considered to 4-1 GAIR-Outdoor Lighting September 2, 2014 be similar to Rancho Palos Verdes' semi-rural and/or coastal character. As a result of the discussion that ensued, the Planning Commission directed Staff to gather information from the International Dark-Sky Association, review Portland, Maine and other municipalities that have recently established guidelines for regulating exterior lighting, and report back to the Planning Commission with the additional information. In addition, the Planning Commission directed Staff to provide the Planning Commission with the code language used by the other City's on the Palos Verdes Peninsula. On February 25, 2014, the Planning Commission reviewed the additional information compiled by Staff and directed Staff to bring a code amendment initiation request to the City Council to improve the City's current exterior outdoor lighting requirements for non- residential private projects throughout the City. The Planning Commission requested that the City Council direct the Planning Commission to take a broad look at lighting within the City in all. aspects and how it affects both public and private property (see attached February 25, 2014 Minutes). DISCUSSION Pursuant to Development Code Section 17.68.030.B, ''An amendment to any part of [the Development Code]. .. may be initiated by the Director or Planning Commission, upon petition to the City Council. The City Council shall review the petition to determine if the requested amendment ... is necessary or desirable." As noted in the Background Section of this report, the Planning Commission has been interested in the City's current process for reviewing exterior lighting on non-residential projects. As a result of reviewing the City's current process, the Planning Commission directed Staff to conduct research on a number of Cities that are semi-rural in nature or a coastal city, similar to Rancho Palos Verdes. After considering the research, the Planning Commission agreed that the City's lighting requirements should be geared toward prescriptively designed lighting, as opposed to performance related terminology which is outlined in the City's current Municipal Code (attached). Over the last two years, ·several non-residential projects have been constructed within the City, most notably Chase Bank, Palos Verdes Art Center, Pt. Vicente Veterinary Clinic, St. John Fisher and the Marymount parking lot that have raised the issue to Staff and the Planning Commission of appropriate exterior lighting. After analyzing the exterior lighting installed at these projects, Staff and the Planning Commission identified the portions of the City's Development Code that fall short on reducing lighting impacts related to glare and the degradation of the dark-sky, rural character of the City. Given the current Code's shortcomings on exterior lighting standards, Staff worked closely with the applicants of the abovementioned projects to ensure that the exterior lighting of said projects are fully shielded so as to reduce the impacts of light glare to adjacent residents and motorists. This process involved ensuring that the lighting plans submitted by the applicants included the right fixtures with the right shielding, as well as making adjustments to the installed lighting after it is installed (see attached typical conditions). While these efforts have eliminated the halo effect of unnecessary light pollution, Staff has found that the topography of a project site may make the elimination of all lighting impacts next to impossible. Furthermore, this process requires applicants to go back and make changes to installed lighting which is costly to applicants. Staff and the Planning Commission agree that the Code should be 4-2 CAIR-Outdoor Lighting September 2, 2014 changed to specify the appropriate fixtures in advance. Additionally, Staff has found that in some cases the color of new lights tends to be a brighter white color. The bright white lights are likely a result of State-mandated energy efficiency lighting requirements that were implemented in the last several years and the new lighting technology that has evolved as a result. More specifically, the State of California requires exterior lighting to be high efficacy fluorescent or LED lighting, unless the lights are installed with a photo and motion sensor. Although bright white lights are the most common color of fluorescent or LED lights, the lighting industry has produced other color temperatures that continue to meet the Uniform Building Requirements for safety and efficiency. As such, on occasion, Staff has requested applicants to change the light source to a warmer/yellow color light bulb through the typical 6-month review process on larger projects. While Staff and the Planning Commission believe that the current code does help eliminate some lighting impacts related to height, number of fixtures and impacts of glare at a property line, the existing code should be updated to include lighting specifications to help r.educe lighting impacts before exterior lights are installed. Doing so will eliminate or minimize applicants having to make costly adjustments after the lighting is installed. As such, the Planning Commission is recommending that the City Council initiate a code amendment to update and improve the City's exterior lighting standards for private non- residential projects. Examples of some potential code changes include, but are not limited to, the following: • Specify that light fixtures are to be fully shielded so the light source is not visible from any adjacent property; and, • Light fixtures that are installed for public safety purposes are to be fully shielded so the light source is not visible from any adjacent property, to the maximum extend feasible; and, • Establish acceptable color temperatures for exterior lights; and, • Impose restrictions on exterior light emissions based on lumens instead of wattage; and, • Add specific regulations to prevent the glare of exterior lights to vehicles on public rights-of-way. ADDITIONAL INFORMATION Public Notice: A Code Amendment Initiation Request does not require a public notice. However, if the City Council initiates the Code Amendment, Staff will send a public notice to all property owners of non-residential properties throughout the City as well as residents within a 500 foot radius of each affected non-residential property. Planning Commission Review If the City Council initiates the Code Amendment, as recommended by Staff, the formal Code Amendment language will be presented to the Planning Commission for review and 4-3 GAIR -Outdoor Lighting September 2, 2014 consideration at a noticed public hearing. The Planning Commission's recommendation will then be forwarded to the City Council for a final decision. Staff anticipates returning the City Council with a formal Code Amendment between March and May of 2015. FISCAL IMPACT Should the City Council approve the initiation request, Staff would process the request as a Citywide application. The Staff time associated with the processing of this proposed Code Amendment is estimated to be approximately 80 hours, including the time already spent conducting previous research. This process would be considered an Advanced Planning Project and is accounted for in the Community Development Department's budget. As such, no budget adjustment would be required. ALTERNATIVES The following alternatives are available for the City Council's consideration: 1. Deny the GAIR, and direct Staff to take no further action on the matter. If this alternative is chosen, Staff would continue with the current process ofreviewing exterior lighting on non-residential project based on current Code and review practices; or, 2. Initiate the Code Amendment and provide direction with regards to specific amendments. ATTACHMENTS • February 25, 2014 P.C. Minutes • January 24, 2011 P.C. Staff Report • Sample of Typical Conditions of Approval • Current Municipal Code 4-4 February 25, 2014 P.C. Minutes 4-5 the pub earing to the March 11th meeting so that the Planning Commission can discuss the olution and allow the public to comment on it as well. NEW BUSINESS 4. Outdoor lighting Associate Planner Mikhail presented a brief staff report, stating that for the reasons outlined in the staff report staff is requesting the Planning Commission request staff to petition the City Council to initiate a code amendment to improve the City's existing lighting regulations to address issues as noted in the staff report. Chairman Emenhiser opened the public hearing. Diane Smith felt that with the new types of lighting available today the City needs to update its outdoor lighting code, and explained her issues with the lighting at Marymount College. She felt if the City's code could be amended to clearly regulate exterior lighting to avoid light pollution and nuisance to residents, it may help the predicament caused by Marymount's parking lot lights that she currently experiences. Chairman Emenhiser closed the public hearing. Commissioner Gerstner moved staff's recommendation, adding that staff seek direction from the City Council not in a narrow way but rather have the City Council direct the Commission in a broader manner to take a broad look at lighting within the City in all aspects and how it affects both public and private property. Seconded by Commissioner Tomblin. Approved, (7-0). 5. Case No. ZON2014-00046: 32639 Commissioner Nelson recused themselves from this item and left the dais. ~~"1:, ·~ Commissioner Lewis disclosed th~t~I years ago during his campaign for City Council the applicant hosted one of his ev~Notwithstanding that, he felt he can be fair and impartial in hearing this item. ,,, ···"':~~ Senior Planner Schon born presented the staff report, summa r . . the need for the consistency finding as explained in the staff report. He explainedt ·n looking at vacating this particular easement, staff has contacted the various utility' . , anies who have all indicated they have no infrastructure facilities nor do they plan in the . re to provide for any infrastructure within the easement. He stated staff feels the ease'· Planning Commission Minutes February 25, 2014 Page 20 4-6 January 24, 2011 P.C. Staff Report 4-7 CITY OF MEMORANDUM RANCHO PALOS VERDES TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: JOEL ROJAS, AICP, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 24, 2011 SUBJECT! DISCUSSION ON EXTERIOR LIGHTING CONDITIONS Project Manager: Leza Mikhail, Associate Planner RECOMMENDATION Receive and file a report and discussion on exterior lighting conditions that are applied to non-residential projects throughout the City. BACKGROUND At the October 25, 2011 Planning Commission meeting, the Planning Commission requested that Staff prepare a discussion regarding Conditions of Approval that are applied to non-residential development projects in order to avoid and/or minimize exterior lighting impacts. In requesting this discussion, the Planning Commission referred to two (2) recently approved development projects (Pt. Vicente Animal Hospital and Chase Bank) whereby conditions of approval intended to regulate exterior lighting pursuant to the City's Development Code were applied. A discussion of Staff's process in reviewing non- residential lighting plans and imposing applicable conditions of approval is provided below. DISCUSSION The City's "Environmental Protection" Section of the Development Code (Chapter 17.56) includes development standards for outdoor lighting throughout the City. Included in this chapter, Section 17 .56.040 (attached) outlines outdoor lighting requirements and limitations specifically for non-residential uses (i.e. commercial buildings, institutional buildings, etc.). These development standards apply to all non-residential properties where new development projects are proposed, or where existing lighting is proposed to be updated or changed. When a new non-residential project or modification to an existing non-residential project is proposed whereby an applicant is proposing to install new or updated exterior lighting, Staff requires the applicant to prepare and submit a conceptual lighting plan for Staff's review to ensure that all proposed exterior lighting is in compliance with the development code standards related to outdoor lighting for non-residential uses. Said lighting plan is typically required to include the location, height, number of lights, wattage, estimates of maximum 4-8 illumination on site and spill/glare at property lines and must show that it is in conformance with the standards outlined in the Development Code (Section 17.56.040 of the RPVMC). Staff imposes conditions of approval to address exterior lighting to a development project as part of the planning entitlement process. This applies to projects reviewed by both the Director and the Planning Commission. Conditions of approval that are typically imposed are attached to this memo for the Planning Commission's review. It is important to note that a majority of these conditions of approval stem from the current requirements of the Development Code (attached) and include a requirement to submit a final site lighting plan for review prior to Building Permit Issuance while limiting maximum heights and wattages for exterior lighting. When considering development projects, Staff and/or the Planning Commission may also choose to impose additional conditions of approval to mitigate potential lighting impacts that are specific to the proposed project and are considered on a case-by-c~se basis. Examples of these additional conditions, such as light timing conditions or post installation reviews, are also attached to this memo. As noted above, Staff typically imposes a condition of approval that requires an applicant to submit a final lighting plan prior to Building Permit issuance. Once an applicant has submitted a final lighting plan for review during the Building and Safety stage, Staff verifies that the lighting plan is in compliance with the Development Code and any applicable Conditions of Approval imposed on the planning entitlement. In addition, once submitted into Building and Safety for Plan Check review, the lighting plan is also required to meet the requirements of the most recently adopted edition of the California Building Code. While the Development Code does not explicitly require light fixtures to be shielded, the Code does prohibit a light source from being directed toward or resulting in direct illumination of another parcel. As such, Staff typically imposes a condition of approval that requires a light fixture to be shielded in order to minimize any impacts of direct illumination or glare onto neighboring properties or the public rights-of-way. In addition, Staff will typically review the type of lighting fixture that is proposed at both the conceptual stage and final review stage of a lighting plan to check for light fixture shielding. Notwithstanding this review, it is not uncommon for some direct illumination or glare issues to be revealed once the lighting is installed and powered up. In order to address any unanticipated lighting impacts that may occur once a light fixture is installed, Staff typically imposes a condition of approval that allows the Director or the Planning Commission to require further modifications to lighting fixtures in order to mitigate any impacts. An example of this is what occurred with the Pt. Vicente Animal Hospital project. In this case, the lighting plans were reviewed and the proposed shielding was thought to be adequate. However, once the lighting was installed and turned on, Staff noticed more glare and direct illumination of other properties than expected. As a result, the property owner voluntarily reduced the lighting wattage, provided a perforated cover around the light source and fully shielded the back portions of the light fixture to reduce direct illumination and glare impacts to Villa Capri residents and the public right-of-way. With these adjustments, the lighting was re- evaluated and determined to be in compliance with the Development Code requirements. While the lighting fixtures for the Pt. Vicente Animal Hospital had to be modified after installation, in other cases, Staff has been able to require modification at the planning stage to address potential impacts. For example, with the parking lot lighting for the St. John Fisher Master Plan project, Staff required that the applicant use fully shielded fixtures 4-9 so that the fixtures emit no light in the area above the lowest point of the light fixtures. These types of light fixtures only emit light from the bottom or end of the fixture, so that the actual light source is embedded within the fixture. These type of lights ensure that light is only directed toward its intended surface. The picture to the right of this paragraph illustrates the difference between an unshielded light fixture verses a shielded light fixture. Examples of these light fixtures can currently be found in the recently constructed St. John Fisher parking lot. Attachments: '-------"'U~nsh"elded ___ .-----· -------~ ( -----......... _... . .... ----::------ .----··--;?;! \~\-----:-----.. _ / I \ ,,,_ , \ Shielded • Typical.Conditions of Approval for non-residential outdoor lighting • RPV Development Code Section 17.56.040 (Outdoor lighting for non-residential uses) 4-10 Typical Conditions of Approval for Non-residential outdoor lighting 159 4-11 OUTDOOR LIGHTING CONDITIONS OF APPROVAL Below is a list of "typical" outdoor lighting conditions of approval that apply to all lighting plans submitted to the City for review and approval: Typical Outdoor Lighting Conditions of Approval 1. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the Rancho Palos Verdes Development Code. 2. Prior to Building Permit Issuance, the applicant shall submit a final site lighting plan, prepared by a lighting contractor, for the review and approval of the Community Development Director. The lighting plan shall include the location, height, number of lights, wattage, estimates of maximum illumination on site with no spill/glare at the property line. The plans shall also demonstrate that all lighting fixture on the building and throughout the entire project site shall be designed and installed so as to contain light on the subject property and not spill over or be directed toward adjacent properties or public rights-of-way. 3. Exterior lighting fixtures in the landscape area shall be low, downcast, bollard-type fixtures, not to exceed forty-two 42") inches in height. Parking lot lighting shall not exceed ten feet (1 O') in height, as measured from the surface of the parking lot and shall employ downcast and shielded lumieres. 4. No one light fixture shall exceed 1,200 watts, and the light source shall not be directed toward or result in direct illumination of an adjacent parcel of property or properties other than upon which such light source is physically located. All exterior lighting shall be arranged and shielded so as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on public rights-of-way. 5. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than ten (10) feet above existing grade, adjacent to the building. Additional I Optional Outdoor Lighting Conditions of Approval (Subterranean Parking Garage Condition) 6. Interior lighting within a subterranean garage shall be screened and shielded so as to contain light within the garage and not create glare for nearby downslope residences. (Light Timing Condition -Case-by-case review) 7. With the exception of approved security lighting, all exterior lighting shall be extinguished by _____ _ 8. With the exception of approved security lighting, all parking lot lighting shall be extinguished by _____ _ 4-12 (Balcony and Common Area Condition -Case-by-case review) 9. Exterior lighting fixtures on balconies and common exterior walkways shall be downcast, shielded and shall be equipped with light sensors so that they will only be illuminated ------- (Post Installation Reviews) 10. Prior to issuance of the first Certificate of Occupancy, or final of a building permit, whichever occurs first, and within two (2) weeks of installation/use of all site lighting, the applicant shall request that the Director or his designee conduct an inspection of the site to ensure that there is no spill-over of light onto adjacent properties or cause a negative impact to adjacent properties or public rights-of-way. Upon determination by the Director that any installed lighting creates an impact, the property owner shall modify said lighting to the satisfaction of the Director. 11. After installation of lighting, but prior to issuance of the Certificate of Occupancy for a building or parking lot, the property owner shall request that the City conduct an inspection of the site to ensure that there is no spill-over of light onto adjacent properties and all potential lighting impacts have been adequately resolved. 12. The effectiveness of the exterior lighting conditions of approval contained herein shall be subject to review and modification, as deemed necessary and appropriate by the final deciding body, (some period of time) after issuance of a final Certificate of Occupancy for (some portion of a project) . The (deciding body) shall review the applicant's compliance with the conditions of approval, and determine if the conditions are accomplishing their intended purposes. Notice of said review hearing shall be published and provided to owners of a property located within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with the Rancho Palos Verdes Development Code Section 17.80.090. At that time, the (deciding body) may add, delete, or modify the conditions of approval as deemed necessary and appropriate by the (deciding body) . As part of the review, the (deciding body) may impose more restrictive standards and conditions to mitigate any impacts resulting form the operation of the Project. 4-13 Development Code Section 17 .56.040 (Outdoor lighting for nonresidential uses) 4-14 17.56.030 17.56.030 Outdoor lighting for residential uses. No outdoor lighting shall hereafter be installed or used in the single-family residential (RS) or multiple- family residential (RM) zones, except in accordance with the provisions of this section. A. Except as hereinafter provided, no out- door lighting shall be permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. Individ- ual, nonreflector, incandescent light bulbs, not exceed- ing 150 watts each, or an aggregate of 1,000 watts for each lot or parcel shall be permitted. On lots exceeding 15,000 square feet, an additional 100 watts in the aggre- gate shall be permitted for each 1,500 square feet of area or major fraction thereof, by which the lot or parcel exceeds 15,000 square feet; provided, that in no event shall the aggregate exceed 2,000 watts. As used herein, the term "w~tts" is irrespective of the voltage. If nonincandescent lighting is used, the wattage of each nonincandescent light shall be multiplied by the follow- ing conversion factors to ascertain a standard wattage that is comparable to the wattage associated with incan- descent lighting: Type of Lamp Multiplier quartz/tungsten-halogen 1.23 mercury 2.4 fluorescent 3.7 sodium vapor HPSV 5.7 sodium vapor LPSV 9.0 metal halide 4.9 incandescent reflector 1.6 B. No outdoor lighting shall be permitted where the light source or fixture, if located on a build- ing, above the line of the eaves, or if located on a standard or pole, more than ten feet above grade. C. Notwithstanding the requirements of this section, outdoor lighting may be installed and used in a manner not permitted by this section upon the issuance of a conditional use permit pursuant to Chapter 17 .60 (Conditional Use Permits). (Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) (Rancho Palos Verdes 4-14) 312 17.56.040 Outdoor lighting for nonresidential uses. No outdoor lighting shall hereafter be installed in any nonresidential district, except in accordance with the provisions of this section. A. Prior to the issuance of the first certifi- cate of occupancy, a lighting plan prepared by a light- ing contractor, which shall include the location, height, number of lights, wattage, estimates of maximum illu- mination on site and spill/glare at property lines, and in conformance with the following standards and criteria, shall be submitted for approval by the director. 1. No one fixture shall exceed l 200 watts and the light source shall not be directed to~ard or result in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. Wattage for nonincandescent lighting shall be calculated using the multiplier values described in Section 17 .56.030(A) of this chapter. 2. No outdoor lighting shall be per- mitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light so~rce or fixture is located on a building with no eaves, or 1f located on a standard or pole, the light source or fixture shall not be more than ten feet above existing grade, adjacent to the building or pole. 3. All estimates or testing shall be done with the entire facility illuminated. 4. Testing equipment shall be a cali- brated gossen panalux electronic 2 or an equal ap- proved by the director. B. The director may approve deviations which exceed the standards set forth in Section 17.56:040(A)(l) through (A)(3) of this chapter, when · the d!fector finds that such deviations are required for public safety. (Ord. 320 § 7 (part), 1997) 17 .56.050 Residential neighborhood protection. A. No commercial vehicles weighing in excess of 6,000 pounds shall be parked or stored in any residen- tial district, except during residential construction or in conjunction with residential deliveries within the hours stated in Section 17.56.050(B) of this chapter. . ~· Deliveries involving commercial vehicles weigh- mg m excess of 6,000 pounds shall be allowed in resi- dential districts only between the hours of seven a.m. and seven p.m., Monday through Saturday. 4-15