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PC RES 2022-010 P.C. RESOLUTION NO. 2022-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT CODE AMENDMENTS TO SECTIONS 17.56.030 (OUTDOOR LIGHTING FOR RESIDENTIAL USES) AND 17.56.040 (OUTDOOR LIGHTING FOR NONRESIDENTIAL USES) OF CHAPTER 17.56 (ENVIRONMENTAL PROTECTION) OF ARTICLE IV (USE AND DEVELOPMENT STANDARDS), AND ADD SECTION 17.96.1154 (LUMEN) TO CHAPTER 17.96 (DEFINITIONS) OF ARTICLE VIII (ADMINISTRATION), OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATED TO THE MEASUREMENT OF LIGHT SOURCES AND LIGHT STANDARD/POLE HEIGHT (CASE NO. PLCA2022-0002). WHEREAS, Chapter 17.56 (Environmental Protection) of the Rancho Palos Verdes Municipal Code (RPVMC) establishes policies, regulations, and standards necessary to ensure the protection of properties and persons from environmental nuisances and hazards, and sets tolerance levels for adverse environmental effects created by any use or development of land, including the establishment of lighting regulations; and WHEREAS, on March 1, 2022, the City Council initiated code amendment proceedings to amend Chapter 17.56 to provide updates to the City's lighting development standards; and WHEREAS, on July 8, 2022, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be considered by the Planning Commission on July 26, 2022, pursuant to the requirements of the RPVMC; and WHEREAS, on July 26, 2022, the Planning Commission conducted the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the proposed code amendments. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated fully herein by reference. SECTION 2. The Planning Commission has reviewed and considered the proposed code amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (Case No. PLCA2022-0002) and has determined that the proposed amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that such amendments uphold the goals and policies of those plans, and P.C. Resolution No.2022-10 Page 1 of 10 that the proposed code amendments would ensure the protection of properties and persons from environmental effects created by any use or development of land. SECTION 3. Measuring the brightness of lights in terms of wattage no longer provides an accurate measurement, as wattage is a measurement of energy consumption rather than brightness, and modern lights are more energy efficient and can be therefore much brighter than traditional incandescent lightbulbs while using the same or less wattage. Changing the measurement standard from wattage to lumens will assist City Staff and the public in ensuring that outdoor lighting is consistent throughout the City, and conforms with the intent of the environmental protections provisions of the Zoning Code. SECTION 4. Increasing the maximum height of light standards/poles from 10 feet to 16 feet will allow property owners of nonresidential properties to better coordinate and collocate on-site security systems and cameras; and the increase in the height of light standards/poles will reduce the proliferation of such fixtures, as fewer fixtures will be required to illuminate the same area. SECTION 5. The proposed code amendments to Title 17 (Zoning) of the RPVMC are exempt from the requirements of the California Environmental Quality Act (CEQA) because the proposed ordinance: (1) does not constitute a "project" under CEQA Guidelines Section 15378(b)(2), but rather constitutes general policy and procedure making; (2) does not constitute a "project" under CEQA Guidelines Section 15378(b)(5) because it has no potential for resulting in physical change to the environment, either directly or indirectly; and (3.) in the alternative, pursuant to CEQA Guidelines Section 15060(c)(2), the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. SECTION 6. For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, any oral or documentary testimony submitted at the public hearing, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDMENTS TO SECTIONS 17.56.030 (OUTDOOR LIGHTING FOR RESIDENTIAL USES) AND 17.56.040 (OUTDOOR LIGHTING FOR NONRESIDENTIAL USES) OF CHAPTER 17.56 (ENVIRONMENTAL PROTECTION) OF ARTICLE IV (USE AND DEVELOPMENT STANDARDS), AND ADD SECTION 17.96.1154 (LUMEN) TO CHAPTER 17.96 (DEFINITIONS) OF ARTICLE VIII (ADMINISTRATION), OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATED TO THE MEASUREMENT OF LIGHT SOURCES AND LIGHT STANDARD/POLE HEIGHT (CASE NO. PLCA2022-0002)." in the form attached to this Resolution As Exhibit"A". P.C. Resolution No.2022-10 Page 2 of 10 • PASSED, APPROVED, AND ADOPTED this 26th day of July, 2022. AYES: Nelson, Nulman, Perestam, Santarosa, Chura, Hamill NOES: ABSTENTIONS: RECUSALS: ABSENT: Saadatnejadi OAAAArlijti Julie amill 6//1/..A.> Chaff Ken Rukavina, PE, Director of Community Development Secretary of the Planning Commission P.0 Resolution No.2022- Page 3 of 10 EXHIBIT "A" DRAFT ORDINANCE NO. _ P.C. Resolution No.2022-10 Page 4 of 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTIONS 17.56.030 (OUTDOOR LIGHTING FOR RESIDENTIAL USES) AND 17.56.040 (OUTDOOR LIGHTING FOR NONRESIDENTIAL USES) OF CHAPTER 17.56 (ENVIRONMENTAL PROTECTION) OF ARTICLE IV (USE AND DEVELOPMENT STANDARDS), AND ADDING SECTION 17.96.1154 (LUMEN) TO CHAPTER 17.96 (DEFINITIONS) OF ARTICLE VIII (ADMINISTRATION), OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, RELATING TO THE MEASUREMENT OF LIGHT SOURCES AND LIGHT STANDARD/POLE HEIGHT (CASE NO. PLCA2022-0002) WHEREAS, Chapter 17.56 (Environmental Protection) of the Rancho Palos Verdes Municipal Code (RPVMC) establishes policies, regulations, and standards necessary to ensure the protection of properties and persons from environmental nuisances and hazards, and sets tolerance levels for adverse environmental effects created by any use or development of land, including the establishment of the lighting regulations; and WHEREAS, on March 1, 2022, the City Council of the City of Rancho Palos Verdes initiated code amendment proceedings to amend Chapter 17.56 (Environmental Protection) to provide updates to the City's lighting development standards; and WHEREAS, the City Council finds that measuring the brightness of lights in terms of wattage no longer provides an accurate measurement, as wattage is a measurement of energy consumption rather than brightness, and modern lights are more energy efficient and can be therefore much brighter than traditional incandescent lightbulbs while using the same or less wattage; and WHEREAS, the City Council finds that increasing the maximum height of light standards/poles will allow property owners of nonresidential properties to better coordinate and collocate on-site security systems and cameras; and the increase in the height of light standards/poles will reduce the proliferation of such fixtures, as fewer fixtures will be required to illuminate the same area; and WHEREAS, on July 8, 2022, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be considered by the Planning Commission on July 26, 2022, pursuant to the requirements of the RPVMC; and WHEREAS, on July 26, 2022, the Planning Commission conducted the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the proposed code amendments. P.C. Resolution No.2022-10 Page 5 of 10 WHEREAS, on , 2022, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be considered by the City Council on , 2022, pursuant to the requirements of the RPVMC; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2022- , written staff reports, and any testimony provided at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The facts set forth in the Recitals are true, and correct, and are incorporated herein by reference. Section 2. Section 17.56.040 (Outdoor lighting for nonresidential uses) of Chapter 17.56 (Environmental Protection) of Article IV (Use and Development Standards) of Title 17 (Zoning) is amended to read: 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 outdoor 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. Individual, nonreflector, light bulbs, not exceeding 2,200 lumens each, or an aggregate of 16,000 lumens for each lot or parcel shall be permitted. On lots exceeding 15,000 square feet, an additional 1,600 lumens in the aggregate 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 32,000 lumens. As used herein, the term "lumen" is irrespective of the voltage. B. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, 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). P.C. Resolution No 2022-10 Page 6 of 10 Section 3: Section 17.56.040 (Outdoor lighting for nonresidential uses)of Chapter 17.56 (Environmental Protection) of Article IV (Use and Development Standards) of Title 17 (Zoning) is amended to read: 17.56.040 - Outdoor lighting for nonresidential uses. A. In order to protect the semi-rural character of the city and reduce excessive glare, light trespass, or over-lighting, no outdoor lighting shall be installed in any nonresidential district, including city parks and city facilities, except in accordance with the provisions of this section. B. Prior to installation of any new lighting, a lighting plan shall be reviewed and approved by the director. Said lighting plan shall include a photometric plan identifying the areas designed and intended for lighting, and indicating the maximum illumination levels of less than a 0.01 foot candles at all property lines. Additionally, the lighting plan shall provide lighting descriptions, including manufacturers catalog specifications, for all proposed light fixtures, lamps and poles. The lighting plan shall be prepared by a lighting contractor, and shall include the location, height, number of lights on the entire property, lumens of each light bulb, and shall be in conformance with the following standards and criteria: 1. Fixture Orientation. No outdoor 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. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Said accent lighting shall be directed onto the building façade or tree, with no spillover beyond the façade of the building or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. 2. Illumination Limits. No one fixture or luminaire shall exceed 1,600 lumens. Accent lighting described in subsection (B)(1) above shall not exceed 800 lumens. 3. Correlated Color Temperature (CCT). All outdoor lighting shall be of a low color temperature, commonly referred to as neutral or warm color temperature. The maximum CCT for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K., commonly referred to as cool color temperatures, are strictly prohibited. 4. Fixture Height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the P.C. Resolution-No.2022-10 Page 7 of 10 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 sixteen feet above existing grade, adjacent to the building or pole. 5. Light Trespass. The maximum illumination level at any property line shall be less than a 0.01 foot candle, as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide security lighting required by the California Building Code, or approves the use of alarm or motion- activated security lighting. For the purposes of this section, "glare" means stray, unshielded Tight, striking the eye that results in discomfort glare, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows in certain instances where the glare from a light fixture will create an impact to neighboring properties or public/private streets, the applicant shall be required to comply with these standards to the fullest extent possible. All estimates or testing shall be done with the entire facility illuminated. 6. Fixture Types. All light fixtures, including pole-mounted and wall- mounted light fixtures, shall be fully shielded so that the light bulb is not visible from the adjacent neighbors or streets. Said light fixtures shall be "cut-off' where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture, as depicted in the examples established by this section, or as approved by the director. Louvered light fixtures shall not qualify as fully shielded fixtures. 7. Extinguishment of Lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m. C. Exemptions. The following outdoor lights shall be exempted from the requirements of this section: 1. Temporary construction or emergency lighting. 2. Holiday lighting. 3. Exterior lighting for a temporary activity that is permitted through a special use permit, pursuant to Chapter 17.62 (Special Use Permits). P.C. Resolution No.2022-10 Page 8 of 10 4. Low voltage, landscape lighting that does not require a permit from building and safety. D. The planning commission may approve deviations which exceed the standards set forth in subsections 17.56.040(A)(1) through (A)(4) of this chapter when the planning commission finds that such deviations are required for public safety, pursuant to the California Building Code,. Said lighting shall be depicted on a "security lighting plan" that is reviewed and approved by the planning commission through a site plan review application, prior to installation of said security lighting. Section 4. Section 17.96.1154 (Lumen) of Chapter 17.96 (Definitions) of Article VIII (Administration) of Title 17 (Zoning) is added to read: 17.96.1154— Lumen. "Lumen" means the unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption). By way of example, a standard 100watt incandescent lightbulb provides 1,600 lumens of brightness. Section 5. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act(CEQA) because: (1) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(2), in that it constitutes general policy and procedure making; (2) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 7. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause P.C. Resolution No.2022-10 Page 9 of 10 this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 8. This Ordinance shall take effect 30 days after its adoption. PASSED, APPROVED and ADOPTED this day of , 2022. David L. Bradley, Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on , 2022, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2022, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk P.C. Resolution No.2022-10 Page 10 of 10