This chapter shall be known as the "Malibu Dark Sky Ordinance."
(Ord. 434 § 4, 2018)
The purpose of this chapter is to implement the goals of the
general plan and protect and promote public health, safety, welfare,
quality of life and the ability to view the night sky, by establishing
regulations and a process for review of outdoor lighting in order
to accomplish the following:
A. Minimize
direct glare and prevent excessive lighting, thereby minimizing light
pollution caused by inappropriate or misaligned light fixtures, and
promoting common courtesy among neighbors;
B. Reclaim
the ability to view the night sky and thereby help preserve Malibu's
rural quality of life and the scenic value of this desirable visual
resource;
C. Promote
wildlife habitation and migration by minimizing light pollution into
and adjacent to habitat areas;
D. Prevent
light pollution wherever possible in all areas of the city;
E. Provide
sufficient lighting where it is needed to promote safety and security
on public and private property;
F. Allow
flexibility in the style of outdoor lighting;
G. Provide
standards for efficient and moderate use of lighting which balance
energy use and economic impact;
H. Provide
lighting standards that can evolve according to advancements in technology;
and
I. Promote
lighting practices and systems which conserve energy, decrease dependence
on fossil fuels and limit greenhouse gas emissions consistent with
the California Global Warming Solutions Act and other applicable state
and federal law.
(Ord. 434 § 4, 2018)
Notwithstanding the provisions of Section
17.02.060, for the purposes of this chapter only, the following words and phrases are defined as follows:
"Curfew"
means the time of day when lighting restrictions, based on
zoning district, are in effect.
"Directional lighting"
means methods of directing light downward, rather than upward
or outward, with the intention of directing light where it is needed.
"Fully shielded"
means a light fixture constructed and installed in such a
manner that all light emitted, either directly from the lamp or a
diffusing element, or indirectly by reflection or refraction from
any part of the fixture, is projected below the horizontal plane through
the fixture's lowest light-emitting part.
"Glare"
means light entering the eye directly from a light fixture
or indirectly from reflective surfaces that causes visual discomfort
or reduced visibility to a reasonable person.
"Kelvin"
means the measure of the color temperature of a light source.
Warmer temperatures are a lower number, and cooler temperatures are
a higher number.
"Lamp"
means, in generic terms, a source of optical radiation (i.e.,
"light"), often called a "bulb" or "tube." Examples include incandescent,
fluorescent, high-intensity discharge (HID) lamps, and low-pressure
sodium (LPS) lamps, as well as light-emitting diode (LED) modules
and arrays.
"Light pollution"
means the material adverse effect of artificial light, including,
but not limited to, glare, light trespass, sky glow, energy waste,
compromised safety and security, and impacts on the nocturnal environment,
including light sources that are left on when they no longer serve
a useful function.
"Lumen"
means the unit of measure used to quantify the amount of
visible light produced by a lamp or emitted from a light fixture (as
distinct from "watt," a measure of power consumption).
"Navigation lights"
means a set of lights shown for an aircraft at night to indicate
obstacles and hazards such as towers and tall buildings.
"Outdoor light fixtures"
means outdoor electrically powered illuminating devices,
lamps and similar devices, including solar powered lights, and all
parts used to distribute the light and/or protect the lamp, permanently
installed or portable; synonymous with "luminaires."
"Public viewing area"
shall be defined as in Local Coastal Program Local Implementation
Plan Section 2.1.
"Seasonal lighting"
means lighting installed and operated in connection with
holidays or traditions.
"Sky glow"
means the brightening of the nighttime sky that results from
scattering and reflection of artificial light by air molecules, moisture
and dust particles in the atmosphere. Sky glow is caused by light
directed or reflected upwards or sideways and reduces one's ability
to view the night sky.
"String lights"
means light sources connected by free-strung wires or inside
of tubing resulting in several or many points of light that are unshielded
or partly shielded light sources.
(Ord. 434 § 4, 2018)
A. All outdoor light fixtures shall be fully shielded and installed and maintained in such a manner that the shielding does not permit light trespass in excess of those amounts set forth in subsection
G below. Lighting shall be directed away from ESHA, ESHA buffer, Pacific Ocean, beaches, and public viewing areas in a manner to ensure no lamp is directly visible from public viewing areas.
B. Lighting
around the perimeter of the site, except as required for security
lighting purposes and where it is controlled by motion sensor which
extinguishes the light no later than 10 minutes after activation,
and lighting for aesthetic purposes on any parcel of land that is
located along, within, provides views to or is visible from any scenic
area, scenic road, public viewing area, ESHA or ESHA buffer is prohibited.
C. Light
pollution shall be minimized through the use of directional lighting,
fixture location, height, the use of shielding and/or motion sensors
and timers.
D. Automated control systems, such as motion sensors and timers, shall be used to meet the curfew requirements of Section
17.41.060. Photocells or photocontrols shall be used to extinguish all outdoor lighting automatically when sufficient daylight is available. Automated controls should be fully programmable and supported by battery or similar backup.
E. Lighting
Color (Chromaticity). The correlated color temperature of all outdoor
lighting shall be 3,000 Kelvin or less except:
1. Amber
colored sources of a lower temperature necessary to protect beach
and ESHA, as determined by the planning director.
F. Seasonal
lighting shall be allowed from November 15 to January 15 only.
G. Allowable
Light Trespass. Outdoor lighting shall not cause light trespass exceeding
the following amounts, measured with a light meter oriented vertically
or horizontally at the property line of the property on which the
light is trespassing:
1. From
any property onto a residential property, ESHA, ESHA buffer, Pacific
Ocean, beaches, and public viewing areas, the maximum allowable light
trespass shall be 0.1 foot-candles. (1.076 lux) measured facing the
light source(s) in any plane and at any height or place on the affected
property, ESHA, ESHA buffer, Pacific Ocean, beaches or public viewing
area.
2. From
any property onto a non-residential property other than the public
right-of-way, ESHA, ESHA buffer, Pacific Ocean, beaches, and public
viewing areas, the maximum allowable light trespass shall be 0.25
foot-candles. (2.69 lux) measured in any plane and at any height or
place on the affected property facing the light source(s).
3. From
any service station onto a public right-of-way, the maximum allowable
light trespass shall be 0.25 foot-candles (2.69 lux), measured in
the horizontal plane at any point into the public right-of-way, 25
feet from the property line after the end of nautical twilight.
4. From
all other properties other than the service stations onto the adjacent
public right-of-way, the maximum allowable light trespass must not
exceed 0.25 foot-candles (2.69 lux) measured in any plane and at any
height at the property line.
5. Measurements.
a. Measurements shall be taken with an illuminance light meter accurate
to 1/100th of a foot-candle and having been calibrated to National
Institute of Standards and Technology (NIST) standard within two years.
Horizontal plane measurements shall be made according to the meter
manufacturer's instructions. Signs must be turned off for said measurements.
b. Measurements shall be made wherein the lighting from the service
station is turned on and off and the difference between street lighting
and street lighting plus canopy lighting shall determine the trespass
from canopy lighting.
H. Permanently
installed lighting that blinks, flashes or is of unusually high intensity
or brightness is prohibited.
I. Lighting
of the shore is prohibited, except as required for security lighting
purposes and where it is controlled by motion sensor which extinguishes
the light no later than 10 minutes after activation.
(Ord. 434 § 4, 2018; Ord. 502 § 4, 2022)
In the event the provisions in this chapter conflict with federal
or state law, this chapter shall be applied in a manner intended to
carry out all provisions of law to the maximum extent feasible. When
there is an irreconcilable conflict between the provisions of this
chapter and the requirements of federal or state law, the provisions
of federal or state law shall prevail over the provisions contained
in this chapter only to the extent necessary to avoid a violation
of those laws.
(Ord. 434 § 4, 2018)
A. Effective
Date. The effective date of this chapter shall be October 15, 2018.
B. Compliance Period. Notwithstanding the provisions in Chapter
17.60 (Nonconforming Structures and Uses) and Section
17.04.070, a property owner shall comply with the requirements of this chapter by the following compliance deadlines. Any noncompliant lighting still in place after the compliance deadline shall remain extinguished at all times.
1. Outdoor
lighting at gas station properties shall comply by October 15, 2019.
2. Outdoor
lighting in commercial zones, including, but not limited to, CN, CC,
CV, CG, RVP, and RD zoning districts shall comply by October 15, 2022.
3. Outdoor
lighting in all remaining zones, including, but not limited to, SF,
MF, MFBF, RR, PD, MH, and I zoning districts shall comply by October
15, 2022.
C. Extension. A property owner may apply for an extension of this deadline by submitting a request to the planning director 30 days before the compliance deadline detailing why an extension is needed. With the exception of lighting provided for security purposes, any noncompliant lighting shall remain extinguished while the request is pending. Upon demonstration of good cause for providing a property owner additional time to comply with the requirements of this section, the planning director may extend the property owner's time to comply and/or may require a plan for compliance that requires partial compliance in advance of full compliance. For purposes of this section, the term "good cause" shall mean a significant financial or other hardship which warrants an extension or conditional extension of the time limit for compliance established herein. In no instance shall the planning director issue an extension of the compliance period in excess of one year's time. The planning director's decision shall be appealable pursuant to the provisions of Section
17.04.220.
D. Change
of Use. If a property with noncompliant lighting changes use after
the effective date, then all outdoor lighting shall be brought into
compliance with this chapter, either by the property owner or tenant,
before the new use begins.
(Ord. 434 § 4, 2018; Ord. 496 § 4, 2022)
Any violation of the provisions of this chapter by any person shall be subject to the administrative penalty provisions of Title
1 Chapter
1.10 of this code.
(Ord. 434 § 4, 2018)