The general purpose of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) is to protect and promote the public health, safety and welfare, the quality of life and the ability to view the night sky, by establishing regulations and a process of review for exterior lighting in order to accomplish the following:
(a)
To save energy in an attempt to ensure the City's sustainability;
(b)
To protect against direct glare and excessive lighting, thereby minimizing
light pollution caused by inappropriate or misaligned light fixtures,
and promoting common courtesy among neighbors;
(c)
To provide safe roadways and pathways for motorists, cyclists and
pedestrians;
(d)
To protect and reclaim the ability to view the night sky and thereby
help preserve the quality of life and the tourist experience of this
desirable visual resource;
(e)
To prevent light pollution in all areas of the City and neighboring
areas;
(f)
To promote efficient and cost effective lighting;
(g)
To ensure that sufficient lighting can be provided where needed to
promote safety and security;
(h)
To allow for flexibility in the style of lighting fixtures;
(i)
To provide lighting guidelines for efficient and moderate use; and
(j)
To provide appropriate lighting according to current technology,
evolving advancements, energy use, and economic needs.
(§ 2, Ord. 825, eff. September 28, 2013, as amended by § 56, Ord. 941, eff. November 10, 2023)
Unless the context specifically indicates otherwise, the following terms and phrases, as used in Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards), shall have the meanings designated in this section:
shall mean the Community Development Director of the City
or his/her representative.
Direction of light downward, rather than upward or outward,
with the intention of directing light where it is needed. Downward
lighting also prevents unnecessary and unwanted light trespass to
adjacent areas and properties.
shall mean a light fixture constructed and installed in such
a manner that all light emitted by the fixture, 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.
shall mean light entering the eye directly from a light fixture
or indirectly from reflective surfaces that causes visual discomfort
or reduced visibility.
The professional society of lighting engineers, including
those from manufacturing companies, and others professionally involved
in lighting.
shall mean the initial installation of outdoor light fixtures defined herein, following the effective date of the ordinance codified in Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards). A project with an approved building permit prior to the effective date of said ordinance is excluded from compliance with Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) for the initial installation only.
shall mean the material adverse effect of artificial light, including, but not limited to, glare, light trespass, skyglow, 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. The determination of what is a material adverse effect may be made based on exceedance of quantitative thresholds determined by the City in Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards).
shall mean light that falls beyond the property it is intended to illuminate. Permissible levels of light trespass shall be limited to those specific, quantitative thresholds of light intensity set forth in Section 10-2.16.504 (General requirements), subsection (i) of this article.
shall mean lighting that is not necessary for an intended
purpose after the purpose has been served. Does not include any lighting
used for safety, security, and/or public circulation purposes.
shall mean outdoor electrically powered illuminating devices,
outdoor light or reflective or refractive surfaces, lamps and similar
devices including all parts used to distribute the light and/or protect
the lamp, permanently installed or portable, used for flood lighting
or general illumination. Such devices shall include, but are not limited
to, search, spot, and flood lights for:
shall mean an area designed for active recreation, whether
publicly or privately owned, including baseball and softball diamonds,
soccer and football fields, golf courses, tennis courts and swimming
pools.
shall mean the Public Works Director of the City or his/her
representative.
shall mean lighting of low-lumen intensity installed above
or near a front, back, or side entrance to a residence. In this definition,
a low-lumen light is a light of no more than 450 lumens (40 watt incandescent,
nine to 13 watt compact fluorescent, or four to five watt LED).
shall mean the brightening of the nighttime sky that results
from scattering and reflection of artificial light by 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.
shall mean any artificial light source that distributes light
above a horizontal plane passing through the lowest light emitting
point of the light fixture.
(§ 2, Ord. 825, eff. September 28, 2013, as amended by § 57, Ord. 941, eff. November 10, 2023)
(a)
All outdoor light fixtures maintained upon private property, public property, or public right-of-way installed, modified, or replaced requiring a building or planning permit after the effective date of the ordinance codified in Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) shall be fully shielded. In addition, light pollution shall be reduced to the maximum level feasible through the use of directional lighting, fixture location and height, as well as motion sensors and timers to control non-essential lighting.
(b)
When the valuation of development or redevelopment, exceeds 25% of the valuation of the existing building being altered or added, then all outdoor lighting of the building being altered shall be reviewed and brought into compliance with Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards).
(d)
Any outdoor light fixtures existing as of the effective date of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) that provide for directed light shall be directed downward so as to eliminate or reduce glare and light trespass onto adjacent properties. In addition, such pre-existing lighting is encouraged to be modified or retrofitted to be fully shielded to eliminate glare and light trespass.
(§ 2, Ord. 825, eff. September 28, 2013, as amended by § 58, Ord. 941, eff. November 10, 2023)
(a)
All outdoor light fixtures shall be installed and maintained in such a manner that the shielding does not permit light trespass in excess of those amounts set forth in subsection (i), below. Further, any fixed objects that reflect or diffract light, such as windows, mirrors, or other reflective surfaces must not permit light pollution.
(b)
All non-essential outdoor light fixtures shall be turned off after
business hours (in the case of nonresidential properties) and/or when
not in use for the intended purpose. Automated control methods such
as motion sensors and timers, shall be utilized if needed to comply.
(c)
(Reserved)
(d)
Outdoor light fixtures used for outdoor recreational facilities:
(1)
Shall be fully shielded except when such shielding would cause impairment
to the visibility required in the intended recreational activity.
In such cases, partially shielded fixtures and directional lighting
methods shall be utilized to limit light pollution, glare and light
trespass to a reasonable level, as determined by the Community Development
Director, without diminishing the performance standards of the intended
recreational activity.
(2)
Illumination from recreational facility light fixtures shall be shielded
to minimize light pollution extending toward roadways where impairment
of motorist vision might cause a hazard and toward neighboring residential
areas.
(3)
That are not required to be shielded, as noted above, shall not be
illuminated between 10:00 p.m. and sunrise, except to complete a specific
organized recreational event that is in progress as of 10:00 p.m.
(e)
If a property or use with non-conforming lights is abandoned for
a continuous period of 180 days, then all outdoor lighting shall be
reviewed and brought into compliance with this article before a new
use is approved.
(f)
In addition to the provisions in this article, all outdoor light
fixtures shall be installed in conformity with all other applicable
provisions of this Municipal Code.
(g)
All existing outdoor light fixtures that are not fully shielded and
directed downward, or that otherwise do not meet the new exterior
lighting requirements, may be retained; however, any such lighting
shall be turned off between 10:00 p.m. and sunrise.
(h)
All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as, kerosene lanterns or gas lamps, may be allowed, subject to a design review permit in accordance with Section 10-2.2001 et seq.
(i)
Allowable light trespass. New outdoor lighting shall
conform to the following quantitative lighting limits. For the purposes
of the following table, the Downtown Business District is defined
as the area bounded to the west by Cañada Street, to the north
by Matilija Street, to the east by Waite Street north of Drown Avenue
and Drown Avenue and Olive Mill Lane south of Drown Avenue, and to
the south by Topatopa Street including an extension thereof east to
Fox Street and thereafter to the south by the first property with
frontage on Ojai Avenue (as depicted in the map below).
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Residential Zones—Single-Family (AG, R-O-4 thru
R-O, and R-1)
| |
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Horizontal-plane limit
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0.1 foot-candles at property lines
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Vertical-plane limit
|
0.1 foot-candles at property lines
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Residential Zones—Multi-Family (including VMU) Outside
of Downtown Business District (R-2, R-3, and VMU)
| |
|
Horizontal-plane limit
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0.2 foot-candles at property lines
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Vertical-plane limit
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0.2 foot-candles at property lines
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Non-Residential Zones (but including VMU) Within the Downtown
Business District
| |
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Horizontal-plane limit
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1.0 foot-candles at 15 feet beyond property lines
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Vertical-plane limit
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1.0 foot-candles at 15 feet beyond property lines
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Non-Residential Zones Outside of Downtown Business District
| |
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Horizontal-plane limit
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0.25 foot-candles at property lines(1)
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Vertical-plane limit
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0.25 foot-candles at property lines(1)
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Note:
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|---|---|
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(1)
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With an allowance of up to 0.5 foot-candles on a case by case
basis, subject to approval by the Planning Commission as part of a
Design Review Permit.
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(§ 2, Ord. 825, eff. September 28, 2013)
The following are exempt from the provisions of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards):
(a)
All outdoor light fixtures existing prior to the effective date of the ordinance codified in Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards); provided, however, that no replacement or structural alteration of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards).
(b)
Temporary lights used for holiday decorations. Holiday lights must
not be installed prior to 45 days before and removed no later than
15 days after the applicable holiday.
(c)
Construction or emergency lighting provided such lighting is temporary
and is discontinued immediately upon completion of the construction
work or abatement of the emergency necessitating said lighting.
(d)
Lighting for public roadways for traffic control such as signals
and other devices.
(e)
Vehicular lights and all temporary emergency lighting needed by the
Fire and Police Departments, or other emergency services.
(f)
Navigation lights such as radio/television towers.
(g)
School district sites and/or other governmental facilities which
are otherwise exempt from local regulations.
(h)
Any facility or equipment which is subject to preemptive state or
federal standards for illumination levels.
(i)
Outdoor lighting for a designated historic landmark, provided the
Historic Preservation Commission determines that:
(1)
Strict applications of the requirements of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) would be inconsistent with and injurious to preservation of the historical character of the Historic Landmark either as a result of necessary modifications to the structure or unavailability of compliant lighting fixtures; or
(j)
Security lights of no more than 2,600 lumens (150 watt incandescent
or equivalent) per light, as long as these are: (1) fully shielded;
and (2) controlled by a motion-sensor or timer switch that does not
keep the light(s) on for longer than 12 minutes after activation.
(§ 2, Ord. 825, eff. September 28, 2013, as amended by § 59, Ord. 941, eff. November 10, 2023)
(a)
In accordance with Section 10-2.104 (Review authority), subsection (b)(3)(A)(xi) of the Municipal Code, a person may submit a written request to the Community Development Director for an administrative exemption from the requirements of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards). The request shall state fully the circumstances and conditions relied upon as grounds for an administrative exemption and shall be accompanied by adequate plans and a legal description of the property involved. In addition, the request shall contain at a minimum the following information:
(1)
Name, address, and telephone number of the applicant;
(2)
Location of the outdoor light fixture(s) for which the exemption
is being requested;
(3)
The nature of the circumstances which necessitate the administrative
exemption request;
(4)
Use of the outdoor light fixture(s) involved;
(5)
Type of outdoor light fixture to be used, including total light output
and character of the shielding, if any; and
(6)
Such other data and information as may be required by the Director
as appropriate.
(b)
The Community Development Director may grant an administrative exemption from the provisions of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) when it appears from the facts contained in the application, and from any other relevant information available that all of the following conclusions can be reached:
(1)
There are special circumstances or conditions applying to the land,
buildings, or outdoor light fixtures for which the administrative
exemption is sought, which circumstances or conditions are peculiar
to such land, buildings or outdoor light fixtures and do not apply
generally to the land, buildings or outdoor light fixtures in the
neighborhood;
(2)
The aforesaid circumstances or conditions are such that the strict application of the provisions of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) would deprive the applicant of the reasonable use of the land, buildings or outdoor light fixtures and that the administrative exemption is the minimum exemption that will accomplish this purpose; and
(c)
If the request for an administrative exemption is approved, such determination shall be made in writing with notice of the determination mailed to property owners within 300 feet of the subject property, and a record kept which shall be open to the public. An administrative exemption would be subject to a 15 day appeal period, with the appeal body the Planning Commission, in accordance with Title 10, Chapter 2, Article 30 (Appeals).
(§ 2, Ord. 825, eff. September 28, 2013, as amended by § 60, Ord. 941, eff. November 10, 2023)
(a)
The Community Development Director may grant a temporary exemption,
as defined herein, for such activities, including, but not limited
to, circuses, fairs, carnivals, sporting events, and promotional activities,
if he or she finds the following:
(b)
The application for a temporary exemption shall include the following
information:
(1)
Name and address of applicant and property owner;
(2)
Location of proposed fixture(s);
(3)
Type, wattage and light output of lamp(s);
(4)
Type and shielding of proposed fixture(s);
(5)
Intended use of lighting;
(6)
Duration of time for requested exemption;
(7)
The nature of the exemption;
(8)
Such other information as the Community Development Director may
request.
(c)
The Community Development Director shall rule on the application
within 10 business days from the date of submission of the request
and notify the applicant in writing of his or her decision.
(d)
The Community Development Director may grant one renewal of the application
for up to an additional 30 days if it finds that, because of an unanticipated
change in circumstances, a renewal would be in the public interest.
The Community Development Director is not authorized to grant more
than one 30 day temporary exemption and one renewal for up to a thirty
(30) day period for the same property within one twelve (12) month
period.
(§ 2, Ord. 825, eff. September 28, 2013, as amended by § 61, Ord. 941, eff. November 10, 2023)
All appeals of decisions applicable to this article shall be made pursuant to Article 30 and within the times set forth therein for the filing of such appeals.
(§ 2, Ord. 825, eff. September 28, 2013)
The Community Development Director is hereby empowered and directed to administer and enforce the provisions of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards). The Public Works Director is hereby empowered and directed to administer and enforce the provisions of Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) relating to outdoor light control for street lighting, bike paths, and public parking lots.
The remedies provided for in Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards) shall be cumulative and not exclusive in compliance with Title 10, Chapter 2, Article 35 (Enforcement).
(§ 2, Ord. 825, eff. September 28, 2013 , as amended by § 62, Ord. 941, eff. November 10, 2023)
