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HomeMy WebLinkAboutPLANNING COMMISSION284 Centennial aAvenue Chico, CA. _ 95928 -September 21, 2009 Members of the Planning Commission . Butte County _ 7 County Center Drive Oroville, CA. 95965 Dear Commission Members, ' I' appreciate your giving careful consideration at your meeting this week to the Residential Lighting Ordinance Draft which Staff will present.for your review. For nearly three years I have been working with my supervisor, Maureen Kirk, Tim Snellings, and Claudia Stuart on lighting issues in Butte County. For quite some time a commercial - lighting ordinance has been in place in the. county. Yet, despite the residential growth which occurred during the 1990's into the present century, residential lighting and light trespass caused by Jnappropriate residential lighting has gone unregulated. Until now. I have committed my time and effort to this matter because of the extraordinary impact an adjacent property owner's exterior lighting has had on my property and life; and also because it was the right thing to do: AlLresidents of Butte County, myself included; deserve to have protection from lighting nuisance. I am attaching to my letter,prior correspondence that I have had with County Supervisors. Please note that not all of the photographs of my property are included as I understand Claudia Stuart will share some of them with you in her power point presentation. My last attachment is a copy of a letter to the Board of Supervisors from the Centennial Avenue Neighborhood Group.. In this twenty-four homeowners in the neighborhood indicated their concern to the Board that a comprehensive residential lighting ordinance be given highest priority.. r Thank you for your, deliberations. Your time and service on the commission are valued. Sincerely, aren Van Derpool • it sl;nov?� fmnn9tflo� UQN .IBJ xoiff) li rtnizzirrtfrza� nisznf;fq•r113o njdrr:al:i :Y t 3'ii sQ=Isis's VrifzOD C rage ? 0 ,�5jkvoz0 ' 'i � i"%�19c�fflUl��l,fi0l2�[rrfrftaJTf;9C7 • irttnsbiz::3 sdt 01 «err ;:CfISai�s-,m'tuav tF3 fra'r.r�t�abrzn��:[ui;tsrttva `Iu ,Ytf�[�:rtgq.fa`C ` �' . f. W!)j V61 lu(y 701 1115p-!lq Rivr rlJidw fima !YIo a[ii f ,� ttIzl3ll� mid'• 5> ii'e fYJ JtISnl�ll �?Ck'IV�t9t�lJr 'err[ rilivr: zf,t i'fQv. [tood �v�tf,f tr3v a rlS '(If :�r[ ?off Irttotafru-nou f; ;)f h 9rrro� 9illip i0 ;' .")MA, ft[ ?. )uz2t",�nrtf{*`[I. nU-i7riU,ti 13Ib�JafJ Y i]fi ff�ici�'r rf''rrp, t, fn►3ft�i�ir;rt srf3`33r,�wf� �toY .virlu�� �r{t ni airfc{ ni�rlasr�•zsrl s�ntzi�if��fa:�rti3fl�iC.' .' , zzsgasti id it bnr nitrl rz :{rsilrzsbi2.�.t t-r:im� a fir: �zs[q viii Uirr r;`.iC i ori?fi r hvil,.bmiu000 +iron thU .UmIu-goinu ouo� ?mri.l�nitrfAii f6tri5bi2;�-v5Mr' gpngg fir; iat�gmC vtflri blotzttr,t ��ri;;it� 6 1n, »u 1i11m,n ziflt Q1 itofis bfira 3rtli3 ([lr I;s;t�trfrrtoo t)'/ 13 r szrl,^�ol�d ozlr; bfti; ,s Cf Cans +(rig; t,i vin no buff �. d Br[tihill -rc,it,Wxt) z'7��tr; o-VIm"jt;7g3r[so0jb,; , �vsrf of s�rz''r,Jb �i3 �6fziafYr I,+ rnrv�fzUa� :,ii_Iff ±c� z�r �fas2st'SCA ,cab oi 1!n101, i #l�h tnff'z�rr,ii • ' 9JnFi21i1r1 "�'rtittl rz 'moil nor1J)oloiq 2t..�z[vY.,glFc� viftur0'rfk,,l earl vu.i I lnfif 5:)ns,AW)Q2a l too -lortq 19110, vm of wilcmim, ml; C brlsir�3z�nrl i zs habuiarii oto 'vt7st�}tg vrct 'IU ori If t�otorfg off,o Ifs lurt 3biit :;ion 9zrsC�i : + noiir>iusz:riy xnro;�'7s'rrori` i3ff git f3n`� rftivr rrt�tii?o ;,frrc>z �r>;i!a IIs �r ; srrt f;ii+usl'). 3uns'rA Cf;innwriuD 01 frffrl of ;st#ol fi'tpzqOo n ai osiif; test VIVI 7io0 5tmoibt[i boodtf drlmiori oilt•ftt at _gU07tDi Rjoo-ioddgtoA aorl irl !ts'�ic sti.3o tsrziblo, ;tiirfcil fsitn jr;iz�i o'rizirsdo7cfrrfuo s ler1,i, blfc;ff orIt'c,i�m�oirao bJulrfv 91L rrOiz?irr[moo :;rft no 9o'iviJ2 bnr, -unit mjoY .2no,,j mu6J6b uov "nstl�' loogl�cl n8v fto�'t>>I 284 Centennial Ave. Chico, CA. 95928 14 December 2008 Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, I understand you will be discussing an Existing List'of Code Amendments (Item 4.04) at the December 16, 2008 Board Meeting. Among them is:a Lighting Ordinance. I have been a resident of Butte County for nearly 27 years and a homeowner for most of that time. I own, a one acre property on Centenniall Avenue, in a neighborhood that remains semi -rural in context due to large parcel sizes and proximity to one of the gems in this county, Bidwell Park. However, this is not my . experience of my property due to the severity of light trespass caused by.an adjacent property owner.- Nearly 80% of- my one.acre is lit. up from dusk to dawn by seven large security type lights erected on the neighboring parcel. Five of the'seven large fights are placed along theentire450 ft. length of the property line and are sited within just two feet of the fence. Four of the security tights are mounted on telephone poles; the 5� light is attached to.a tall- metal pole. The sheer number of lights; type of lights, and total illumination created by them does not- preserve, support nor enhance the character of 1be -Centennial Neighborhood nor my property. l am appending photos of my property so that you might both appreciate and understand the enormity of the.problem which exists. All photos, except one, were taken after dark with the sole source of illumination coming from the adjacent property. The light affects every room in my home, including.four bedrooms; most outside spaces on,my parcel; stalls and corrals in the horse barn; and, the riding arena. It affects my circadian rhythms and that of my bar animals. I have been working diligently with Supervisor Kirk, Tim Snellings and Claudia Stuart for nearly two years on lighting issues.in the county. All three ave visited my property at night. They can capably'field your questions:based on their first- hand observations, our many discussions, and the work we, have accomplished together thus,far. I appreciate the careful -review -you -will give to the Lighting O.rdi.nance and advocate that very high priority ranking be assigned to it at your meeting... Yours sincerely, Karen Van Derpool 284 Centenial Avenue Chico, CA. 95928 June 21, 200 U/_L� Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, You will be reviewing a draft ordinance regarding outdoor residential lighting (Item 4.06) at the June 23, 2008 Board of Supervisors, Meeting. I previously provided input to the Board for your December 16, 2008 meeting on the issue of light trespass. I wish to do so again at this time. First, *.Experience. Light trespass and glare has adversely affected my property and living conditions for some years now. My 'intention is to provide you with an overview of some of the difficulties, health hazards, and impact on privacy posed by this situation. Please refer to the attached summary. Second, The Draft Proposal There are two areas wherein I am seeking clarification/modification. Line 26 -Point (6): Light trespass. The source of light trespass isnot always an.adjoining parcel. Here is a case in point. A misdirected, high,wattage flood light on the home of an elderly neighbor two parcels away now comes into my kitchen window at night. I encourage a change in draft language so the ordinance addresses such a -situation. This may also potentially affect the wording in (3) (d) Standards where it reads "an adjoining parcel or lot". Line 72 — Exemptions: (f) Security lighting: "permitted subject to all the provisions of this section." Which section is being referred to? Does this mean shielding and, if so, should that be stated here? Both the quantity and brightness of the outdoor lamps on the parcel adjoining mine are extreme and out of context for the neighborhood. Centennial Avenue has no curbs, gutters, sidewalks, or streetlights. it is a rural -type lane abutting the darkness of Bidwell Park and area residents wish to maintain the character of the neighborhood. Our support for a residential lighting ordinance was voiced in a memo to you (12-13-2008) from the Centennial Avenue Neighborhood Group (24 signatures) and we appreciate your continuing consideration of this matter. The work of county staff to research and develop the draft ordinance is also valued., After years of living with this problem it is gratifying to see tangible-progress.as the ordinance moves forward toward adoption. I await the day that I canagain enjoy my rights to privacy and a heathy lifestde, and, insure the wellbeing of my animals...... on my own property! Very sincerely yours, Karen Van Derpool Difficulties created by outdoor lighting crossing my property boundary encompass health, safety, and privacy issues. For some years'now light trespass has affected the full and complete enjoyment of my property, my home, mylifestyle, and my animals. • Commercial -type outside lights flood @ 80% of my parcel at all hours. This light crosses the 125 ft. width of my property falling onto two parcels to the east of mine. As shown in my December 14, 2008 packet to you, there are areas on my property where I can read a paperback book at night! • The light trespass affects all rooms in my 2,000 sq. ft. home, including the four, bedrooms, disrupting sleep. Due to the intrusion of light, it is not even possible to raise the bedroom window coverings on these warm nights to let in the, cool night air. It has been widely documented that light affects circadian rhythms, thus influencing sleeping and waking patterns. Other health effects have been recently documented. "In January (2008), Itai Kloog at Haifa University in Israel and researchers at the University of Connecticut reported in the Chronobiology International that. the incidence of breast cancer among women living in brightly lit neighborhoods was as much as 73% higher than amongwomen in areas where nighttime darkness was the.norm.". Hotz, Robert Lee, 'It's All About the Lighting', The Wall. Street Joumal,� July 25, 2008. This. is a shocking statistic and as a woman who has lived under extreme light conditions for a number of years now this greatly concerns me. • Light flooding.into my backyard has affected the hot tub area. The lack of privacy due to light intrusion has made it impossible to use the spa in recent years. Another concern has been personal safety as this area can be seen from the -east and unwanted lighting makes hot tub usage visible. • The property I own was built in the 1950's as an equestrian property. The bam, in addition to having standard stalls also has a mare and foaling stall. Light trespass affects all of the outside corrals and intrudes into some stalls, including the mare and foaling stall. Light has many affects on horses one of which is the disruption of the estrus cycle in mares. Controlling the amount of artificial light is essential to some breeding practices. As a result of light trespass, an aspect of the function of my barn has been compromised. (See appended letter, Wallace H. Lieberman, DVM) I am attaching a photo of that part of the. bam where the mare/foaling stall and its corral are located. Note the extremity of the light conditions. My horse; when housed in that area, became agitated at night and ceased laying down in his stall to rest due to the disruption in his sleep patterns. Light trespass is affecting the value of my property; My realtor has told me that this -situation, if not solved, must be divulged -to a prospective buyer and my selling price would be negatively impacted. qMAI-QUINE �.;MEDICALZ'SURGICRL CEHTER'�­_..� P"O,OE-.(540) 221 7004 fi 0 X:' (.5 3 221 V j _0345: E- 99Panoramaeciaine.,com-, W.papqr�arRq,Qquine*.cow Karen Van .,,D .,prpoo 284 'j. COCA - Re Excess NightLight and -its-Effect h -Horses I -Dear.Y_ar -UIItkJLII Lu 1�, 'Fvl,L t 'q�e �s light c*�pn. dl-96.iffflf U-6- n-c"e"Ih ne­-pd 'd sleep patterns t`' 4 -e -ay,in Ah source visual p athW -I the retina f�, "&-sp, ce-o e effects:,`from ' has a its h "OUSKAO dawn.%,,_Ih.is_i_n4urn t eurat..erfeqts.tqIhe:.ot efim pc Atornica stiucfttres neft an'6--M-f"Of�M,git-�"dlk'alA& h"e",stim "u V_ .... ....... s .pathway's Wewo'uld,typlcallynse 300 watts o�f-tncandescent h tato s�unulate a horse t -,, info 'th'-wy*:s,.;,,-'�hle!"*pi.' to me -sh6wn sed k Deormatio n5s,"JI§! .,, sjii� fu -and'.ifiy&!, have" any A& rta6i�qu6sti6A pease ... ... r.... F, N Sincerely Wallace H 4' %1 1 711 t7� MM or PRMW MMURM cw -TVRIIV f Liberman D %0 cl ID302 Old Ore.gon.Tra".I'•--gidling,.Colifornid--*96003 -t X �i , t r --k I 284 Centennial Ave. Chico, CA. 95928 14 December 2008 Dear Supervisors Connelly, Dolan, Kirk, Josiassen,'and Yamaguchi, I understand you will be discussing an Lxisting List of Code Amendments (Item 4 ' 04).at the December 16, 2008 board -Meeting. Among them is a Lighting Ordinance.' I have been a resident of Butte County for nearly 27 years and a. homeowner for most of that time. I own a one acre property on Centenniall Avenue, in a neighborhood that:remainssemi-rural in context due to large parcel sizes and -proximity to one of the gems in this county, Bidwell Park. However, this is not my - experience ' of my property due to the severity of light trespass caused :by. an adjacent property owner. - Nearly .8 0% of my one acre is lit up from dusk to dawn by seven large security type'.Iights erected on the neighboring parcel. Five of the,'seven large lights. are placed along the entire 450 ft. length.of the property line and are sited within just two feet of the fence. tour ofthe security :lights are mounted -on telephone poles- 5" light is attached. to -.a tall- metal P.. . . , pole. The sheer number of lights, type of lights, and total illumination created by themdoes. es. -not- preserve, supportnorenhance the character -of the -Centennial Neighborhood nor my property. -1 am appending photos of -my property so thafyou might both appreciate and understand the enormity .of the.problem which exists..'. All photos, except one, were taken*.after.dark with the sole source of illumination coming from the adjacent property. The light affects evqryRqTin'home, including four _. r -h _15-6 most ost.o-utside-sppces'on 'my parcel; stalls and corrals in I the horse d - barn; and, the riding arena. It affects my -circadian rh_��dian ythms and that of my. barn -animals. I have been working diligently with Supervisor Kirk, Tim Snellinos'and Claudia Stuart for.neady two years O*n..Ii*hting issues.in,the county. All threes ave visited my property .6t night.: They can capably "fleild you'r question,§.:b'p'66"d' -on' their first - band -observations, our many. discussions, and the workwqaccomplished , together thus far* I appreciate the -ca 'reful-, review you -will give to the LightilIg'..I.Ordinan.ce-and ..advocate that very high -* priority ranking be assigned d to"it at your Yours sincerely, vpu �&U Karen Van D e*rpool y S ��• ,�+ - .w.. ^•"At ,M1., 4Ylau1d5� �'GfiY}I�-'Ww1.1 - � $ r 1 1 ' ' f fi i`"7JyL S1 t •}; Y^ i tf .. ..... { 1 i .SF Z{ p i C'.•'aj {L,.� T . ,. ... .( O y S ��• ,�+ - .w.. ^•"At ,M1., 4Ylau1d5� �'GfiY}I�-'Ww1.1 - � $ r 1 tl CC ^(.�..�illl _. �"_,•..t I�•Li—.-�4:tS-' �{:.�.�� 'tE,<�,. `�' k. �.fl—sr-.,`.! t ,< _�r _ t S`�" : .iJt:G.'•'�K _ ems. ; 4 � _ = =a is trig + AR,, L ate. � a - ,_• - r t + _ .. 10 1 41 JI t*i4 •�wy� 1:L T .k. +� •v.-. .,,.fes. .rN .v�r�,P .r'+1 �{ a��'�'�,��i+A' •�° ..Y ��4►v+'1;'_m'�.+, iY�d„r� �^ s ' - Jr` �� f •' •�* � �, ha 2`.,�,� ��'irir i h 1. -_ } . .. .. 4 ♦ 1. � .: `ti'." � • Butte County Board of Supervisors • Supervisor Connelly Supervisor Dolan • Supervisor Kirk • Supervisor Josiassen • Supervisor Yamaguchi December 13, 2008 Dear Supervisors, At the Decemb_e_r 16,2._0.08 meeting the Butte Co_y_Board of Su _rviso_rs-you win_ iediscussng and pr_o..ri_tzin____._ g upcoming code amendments under Item 4.04. It is our concern, as county residents, that. diligent consideration is given to the long overdue need. in Butte County for a comprehensive lighting ordinance and that highest priority ranking be assigned to this item. Your time and deliberations are appreciated by all of us. Sincerely, . The Centennial Avenue Neighborhood Group �JY PA FO Oel ' l �8 C��.� epl- s � wa q 1-^111l6 C4AIIvw &Lee Au sytQ 4-0, 'VI p.i e,� � q5 VIA . An IntAuction to the Issues of Lght Pollution We all win by correcting the problems of inefficient outdoor lighting at night. • Many types of outdoor lighting designed for advertising, security and visibility are actually wasteful, invasive and a source of disabling glare. • "Light trespass", the poor control of outdoor lighting which crosses property lines, detracts from our quality of life, and confuses the instinctive daily and seasonal cycles of animals and plants. • Although perceived as a deterrent to crime, studies by the US Department of Justice* and the National Institute of Justice* show no conclusive evidence that lighting actually prevents crime. • Public hazards have been created by the use of glaring, high -wattage floodlighting along roadways and business parking lots, shining directly in the driver's line of sight. • Public safety is also being compromised by businesses competing with light levels to attract business. The eye's inability to adjust quickly to drastic changes from light to dark, leaves a driver temporarily blind when exiting an overlit business area at night. It is not uncommon to see businesses using 3 to 6 times the recognized, lighting industry recommendations for site lighting (IESNA). • The recent awareness of global warming concerns, due in a large part to power plant emissions, now demands an effort to reduc6 our consumption of electricity. • Because of this unnecessary condition, many of our children today have already lost much of the starry night sky behind the glow of wasted light, limiting their imaginations to the man-made boundaries around them. • By correcting .these outdoor lighting problems for the future we can save money and electricity, improve public safety and increase visibility, while reducing air pollution and green house gas emissions. *'Study of Streetlighting And Crime" 7?/ by James M. Tien / US Dept. of Justice • www.darksky.orgridaTida-�Yinfo63.hbW 'Preventing Crime, what Works, What Doesn't, What's Promising' A report to the US Congress / The National Institutue of Justice • www.ncjrs.org/woTkstwholedoc.htm Fnr mnre.. infnn atinn nnntant• The Tntematinnal T)ark Rkv Aacnriatinn 37.75 N Fina Ave.. Mircnn A7. R5719 • S711_7.9i_319R • wehcite• httn•//www rlarkckv nr* 2.84 Centenial Avenue Chico, CA. 95928 June 21, 2008 Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, You will, be reviewing a draft ordinance regarding outdoor residential lighting (Item 4.06) at the June 23, 2008 Board of Supervisors Meeting. I previously provided input to the Board for your December 16, 2008 meeting on the issue of light trespass. I wish to do so again at this time. First; My.Experience. Light trespass and glare has adversely affected my property and living conditions for some years now. My intention is to provide you with an overview of some of the difficulties, health hazards, and impact on privacy posed by this situation. Please refer to the attached summary. Second, The Draft Proposal There are two areas wherein I am seeking clarification/modification. Line 26-Point.(6): Light trespass. The source of light trespass -is -not always an adjoining parcel. Here is a case in point. A misdirected, high wattage flood light on the home of an elderly neighbor two parcels away now comes into my kitchen window at night. I encourage a change in draft language so the ordinance addresses such a situation. This may also potentially affect the wording in (3) (d) Standards where it reads "an adjoining parcel or lot". Line 72 — Exemptions: (f) Security -lighting: "permitted subject to all the provisions of this section." Which section is being referred to? Does this mean shielding and, if so, should that be stated here? Both the quantity and brightness of the outdoor lamps on the parcel adjoining mine are extreme and out of context for the neighborhood. Centennial Avenue has no curbs, gutters, sidewalks, or streetlights. It is a.rural-type lane abutting the darkness of Bidwell Park and area residents wish to maintain the character of the neighborhood. Our support for a. residential lighting ordinance was voiced in a memo to you (12-1.3-2008) from the Centennial Avenue Neighborhood Group (24 signatures) and we appreciate your continuing consideration of this matter. The work of county staff to research and develop the draft ordinance is also valued. After years of living with this problem it is gratifying to see tangible progress as the ordinance moves forward toward adoption. I await the day that I can again enjoy my rights to privacy and a heathy lifesttle, and, insure the wellbeing of my animals...... on my own property! Very sincerely yours, Karen Van Derpool io Difficulties created by outdoor lighting crossing my property boundary encompass health, safety, and privacy issues. For some years now light trespass has affected the full and complete enjoyment of my property,.my home, my lifestyle, and my animals. • Commercial -type outside lights flood @ 80% of my parcel at all hours. This light crosses the 125 ft. width of my property falling onto two parcels to the east of mine. As shown in my December 14, 2008packet to you, there are areas on my property where I can read a paperback book at night! The light trespass affects all rooms inmy 2,000 sq. ft. home, including the four bedrooms, disrupting sleep. Due to the intrusion of light, it is not even possible to raise• the bedroom window coverings on these warm nights to let in the cool night air. It has been widely documented that light affects circadian rhythms, thus influencing sleeping and waking patterns. Other health effects have been recently documented. "In January (2008), Itai Kloog at Haifa University in Israel and researchers at the University of Connecticut reported in the Chronobiology International .that the incidence of breast cancer among women living in brightly lit neighborhoods was as much as 73% higher than among women in areas where nighttime darkness was the.norm." Hotz, Robert Lee, 7t's'All About the Lighting, The Wall. Street Journal, July 25, 2008. This is a shocking statistic and as a woman who has lived under extreme'light conditions for a number of years now this greatly concerns me. Light flooding into my backyard has affected the hot tub area. The lack of privacy due to light intrusion has made it impossible to use the spa in recent years. Another concern has been personal safety as this area can be seen from the east and unwanted lighting makes hot tub usage visible. The property I own was built in the 1950's as an equestrian property. The barn, in. addition to having standard stalls also has a mare and foaling stall. Light trespass affects all of the outside corrals and intrudes into some stalls; including the mare and foaling stall. Light has many affects on horses one of which is the disruption of the estrus cycle in mares. Controlling the amount of artificial light is essential to some breeding practices. As a result of light trespass, an aspect of the function of my barn has been compromised. (See appended letter, Wallace H. Lieberman, -DVM) I am attaching a photo of that part of the barn where the mare/foaling stall and its corral are located. Note the extremity of the light conditions. My horse, when housed in that area, became agitated at night and ceased laying down in his stall to rest due to the disruption in his sleep patterns. • Light trespass is affecting the value of my property. My realtor has told me that this situation, if not solved, must be divulged to a prospective buyer and my selling price would be negatively impacted. , � MOM, MH Et2UIHE StIRG1 ' MEDIA�'i, EiL PI10NE:.'(5 30) ;Z1 ,7 •.r JF' r fAX:'(530) 221-0345 -` E-Mt11�..IntoQpancraMgequlna.com Www.pancramaagalna'som: 41 � S. `r : +�,1 •Y ., r4jF t ». ,+ '.�� _I .i i ' , i ,. s' - .Karcn Vari Derpool '� , 2; �7/6/Q7 +. 1,, /284-Cenitenni(a�ll jAve. •� S .l✓%1iCo�Jt;+A,_+J..i 27 ��'ti -t� • ,�-Cr'.,ec�# "_ t �' < I. �j irk f f z ' Re. E)tcess 14 t,Ligh aril its # ,ect on'kIorses " ' With reference td-,youttgiiestions on eUess,amount of light all rii ht a�ad its effects -on. the ''health.and welfare of forst I of`Fertth -fdllowing`knov�ledge, f we'Vvant a mare to i 'reproductiye`ly cy6le early i.n�the yeai(they are;'seasonally polyestirotis; therefore dd-iigt r t - ti .� �" cycle.in.the a iliter3, we will placertliem on hiti64a fight m 5.�00•P1VI'ti.11 Midnight, starting Iovembr ts;ta extend tlie`reay4length Thi$ will alterthe horrrronal'outpiit 4 7 From the hypothalamus ofhe�braii ani start';there estnis cycle early due,to the ir}Crease in , CrnRH(Gonadq,#pph >� Reieasingfi ormone� h©rmbne; ttietefore n increase"ii ,i �" ;vFSH( giticlie Sii in�latiii Hgrxrtdn. st ri latuig fQllicutar`ldevel6M' _t'oi�;the gvaries ` .,e-,.hairssoat'will aiter,'arid`�uva11 shed lir riot. grow thiol£. these ate an ' : ; ;the influence.evei ing Xighttng will;hfive nChorses the neural pathways°Associated with ,z thi s mechanism': are v y well aderstood'and published tlir4uglioi £the literature.. Effects {' ari.other impo t fent hormonial mechai3issnelude tie Thyroid a 1�drErial his This t �` • light;car alsq iuerice<the needed sleep patteitis 'tl' � �',.+• .• � t, � r Y Y_`y�7 �.-.r � Y �'",.•,� Y v=x4 � s- r � .i„ ` „ f •- r• ♦ ., w y,, r '.. , :•. ..• P t.,y� � _.t ,`'r -. t, r a t, i ,Y. i.' ,- , ..<. �� k ., �" -+w . r t +:The,vi tial`patll3�vay ri the'retinaris he st urce�fthe effects'•frori z,ogertous light from F ` s s : dusk toidaurn 'nis in turn bas itsq eur erns xo the othe�t important � etuoa�iatomicat stxiietdies i�ieritioncd.' *� 1piow,tthe fiffibuhbgf ltght;i critical ta'the stinzulafion of'these{ pathways. We "v�tquld typically itse:��UO vv�tts ci#'incandesceiltlight,to sliiriulate a horse -, " trick Frig these pathways:r '7"h pictures shown to.xne seem Well An, excess oft F I hope'tiis infoi-matiori is useful't�tidf yoii.liaye �xiy furtlier�cuestans,wplease call me. �• J<• a `^'v � C r ' � - �" t f%� : z :d � _ s ; � 't + t x'-�..+ S, .. j �.r - • SmciereiiY, ` � 'CiValla�e'�'�:;ib�nan, DVM s.:-+ - - tr. .�,, ���R,,,�e •. Oct 600 X0302 old Oregon Trdli •" Rgdding,�alifornia:93 ` , ^,C.a'�', �. 1' ^ ��^ ..� R�' y�. \i �t::\Ir��l. ��� T,tr i�.. '+>' �' L C + _ \ RESOLUTION 09-44 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT ZCA09-0001 OUTDOOR LIGHTING IN RESIDENTIAL AREAS WHEREAS, on December 16, 2008 the Board of Supervisors directed the Director of Development Services to prepare an ordinance providing standards limiting light trespass and glare in residential areas, in order to protect the health, safety, and well being of Butte County residents and visitors; and WHEREAS, on June 23, 2009 the Board of Supervisors confirmed three months as a reasonable amortization period for non -conforming lighting requiring only .re- direction to be brought into conformance with the proposed zoning code amendment; and six months, as a reasonable amortization period for all, other non -conforming lighting; and WHEREAS, the Planning'Commission has considered Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, which provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare; in accordance with Chapter 24, Zoning, of the Butte County Code; and WHEREAS, Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas is exempt from review under the California Environmental Quality Act, pursuant to Section 15308 Action by Regulatory Agencies for Protection of the Environment, as an action to assure the peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass; and WHEREAS, a duly notified public hearing was held on September 24, 2009; and WHEREAS,. the' Planning Commission has considered direction from the Board of Supervisors, public comments regarding the proposed Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors adopt Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, with the finding that the zoning code amendment is consistent with the General Plan in providing for the health, safety and well being of the County's present and future residents, by setting forth standards for the proper design and location of outdoor lighting in residential areas, in order to limit light trespass and glare. w BUTTE COUNTY :CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS. --. .� ME6TIN:G DATE; AGENDA TRANSMITTAL AGENDA.ITEM AGENDA TITLE: Zoning Code Amendment ZCA09 _o001 Outdo`or'Lightirg in Residential Areas:. DEPARTMENT: DATE 10/15/2009: MEETING DATE REQUESTEb� . 1;0/271200.9- _ REGULAR ..-..X .. .. CONSENT . CONTACT Claudia Stua & PHONE: 538 7604 DEPARTMENTSUMMARY=AND REQUESTE.D*BOARD�,ACTION: SUMMARY OFREQUEST R'equestthe.Board;adoptamordinance establisYiing standards for outdoor lighting n order to p[eventij.direct Ilgt t;from:shining onto adjoining properties The standards would apply to:the following zones AR (Agricultural Residential); .A,SR (Agricultural Suburbsn=Residential), FR (Foothill Recreational), M R:(Mountain orRecreationSubdivisioris=Residential); R (Residential), R=N. (Residential Noriconform,mg),.,RT (Residential-Mopile Home),. SR;(Subb-ft, Residential), TM ;limber :Mountain) and '.0 ;(Unclassified) The proposed ordinance,.requires all new,outdoor..'ilghtmg to conform to the�stan,,dards; and.it.require's all existing outdoor 6gtiting to be brought into conformity with the-standacd's either by modifying the>outdoor lighting.to' prevent light from; :shining onto adjoining,,propertles;or by repiacing or removmg,the outdoor lighting Existing outdoor lighting must be brought:into. conformity with the standards.withm ttree_to slX:montkis after, adoption;.of,the ordnance Tte.proposed .ordinance would; be enforced through the County s Code -Enforcement Process: ACTION REQU€STED: Requestahe Board of;Supervisors find "the proposed Zoning Code,Amendment exempt from environmental'°review under the Gallfomla Enulronrnental Quallty,Act (CE:QA) pursuant,to Section 1530,8 of the CEQA Guidelines {Action Taken by Regulatory Agencles,for Profectlon of the, Eriwronment) and'adopt the ordinance amending"Chapter 24.of>the Butte;County Code, by adding Section 24241 regarding=Outdoor Lighting rn Residential Areas: AGENDA ITEM SUBMITTALS' REQUIRE,THE ORIGINAL ANb TWtLVE'(12)"COPIES A'1TACK EXPLANATORY MEMORANDUM;AND'"OTI ER ,SACKGR:OUND INFORMATION AS :NECES,SAR.Y BudgetaryImpact YOO .. No X CAO OF.FICE;USE ONLY f yes; complete Budgetary. ImpacYWorksheet on back Budget`Transfer Requested: Yes _ No: 'X. Administrative Office Review If'yes;;;complete,Badget:TransferRe.quest;INorksheet on Administrative Office Staff Contact . back. (Deadli .'Is one business day?prig"r to normal agenda: deadline) 4/l'a's Vote Required: 'Yes:.. No: d. Will Proposal Require aid Agreement;._ Yes .. No ;X. Auditor-Controlier's Number.(if required), Date Received by Clerk of'Board:. Gounty.<Counsel 's Approval_ Yes X No:. Wily Proposal Require Additional Personnel: Yes No: X: . Number of P.,eimanent:. Temp 'Extra,Nelp Previous Board Action Oates_ June 23.2009' Additional Infonriatton,Aftachedo `Yes X D4cribe..,:S6ff.'A66&6nddraftordlnance.._ _. _... KOV. Wt! yti ;I SPECIAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor, s copy ONLY. G Requested Board Action:` S; Ordinance Required X Resolution Required Minute Order Required For Information' Only BUDGETARY IMPACT WORKSHEET '+ it Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ s (Fund Name: ) (Fund Number: ) • i4 Amount Budgeted $ Unanticipated Revenue $ i (Budget Unit Number: ) 3 (Source: ) :� (Fund Name: ) (Rev. Code: ) (Fund Number: ) i Other Transfer(s) $ 13 1. Complete worksheet below it 2. Deadline is one business day arior to normal agenda deadline i. Additional Requested $ it Total Source of Funds $ ;` Annualized ua ed cost $ If also planned for next year. j Budget Transfer Authorized By Administrative Office Board Action Required for B -Transfer? Yes No Authorized Signature Date i i i BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To �- Transfer $ II, (No Cents) From To Transfer $ (No Cents) From To Transfer $ i (No Cents) From To Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds www.buttegeneralalan.net ADMINISTRATION * BUILDING'S PLANNING October 27, 2009 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Subject: ZCA09-0001 (Butte County) - Outdoor Lighting in Residential Areas Recommendation The Planning Commission and staff recommend adoption of zoning code amendment ZCA09- 0001 Outdoor Lighting in Residential Areas to the Board of Supervisors (Attachment A). Summary The County is proposing a short-term revision to Chapter 24 of the Butte County Code during the preparation of a comprehensive update to the code as part of the Butte County General Plan 2030 process. The proposed revision provides standards for the design and location of outdoor lighting in residential areas in'order to limit light trespass and glare. It requires that light fixtures be shielded, directed, and located such that direct light is limited to the parcel of origin. An amortization period of three months is allowed for existing lighting that requires only re- direction to be brought into conformance. A six-month amortization period is allowed in all other cases. After completion of the amortization period, enforcement would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code. Background Light trespass is generally defined as direct light falling across a property line onto another parcel or public right-of-way. In March 2008 the Department of Development Services received a _ report of persistent light trespass from a County resident in the Chico area. Both the originating and affected properties are located in the AR (Agricultural Residential) zone. The current Butte County Code does not contain specific standards which would address such an instance of light trespass originating from and affecting a residential property. The proposed zoning code amendment was prepared after discussion and direction regarding this issue by the Board of Supervisors on December 16, 2008. Staff has sought to address the identified issues ■BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■ ■October 27, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ -Page 1. of 3■ -it!it hewhile: , Butte-.County".General,Plan2030 .process. 31 IN Amare `being drafted'. -Is -!adOqjj --safbfy„� and! welt -�,bf T.MA'da Ordinance -'hitbridbdA� 4W lighting Jor allow VrgqqlF.n*g0 Al, 4re'cWA and located "c-thgtbdir FcQ1ighti 1i it parcel of '4 districts.-,mincluding'- ,igtn,,,-,. e app §tic&OfAli R6tg&ih'tiW)t- Au,k. 'IFR ='f,`:through . FR -1.60 Iffidd.thiff, Redu& qm'main of Recreation- Rb§id'e`ht 'i, At . ...... I R"T"hrough j •, 160 (Timber Mountain),; and U, (Unclassified) _11-ip er �poy i reasonable Famount of time to recotup' the ,investment -li-h iff -.#jkiMihg fighting' g.,. inRi Ibefore of JunseS 23,. 2009"the Board ofs Supervisors': A MCI. orO ig'hting K � -d' amortization Wo grmnp.,. .q. p"!ip- M96 pr- pose prio Pq P brought" n M'203:0?:: �'OeWiddd'46 th-d PlMhii W; 'thWr.cvllmL L I MAt If xyou `have questionsf or would like Jadditional . if6rmation,-:pi6ase” contacti fih ipailPlanner' ;:Claudia Stuart at Imm OY'A" "PAAPH 530 538 'Cer-e- ct or • 3 U TT FC.0U NT�Y �BOAR EQ0R. S,QP 9 AGENDA ,K ORTW 06i Outdoor Lighting,m�Resrclential Areas: - ;Pagey2 OE '3,'W, ral Plan' )idbte,.,- is i.7'C- EQ A �e peg. :for; Attachments. A. Proposed Ordinance B. September 24, 2007 Planning Commission Resolution C. Public Comments D. Planning Commission Agenda Report and Attachments 1. Draft Planning Commission Resolution 2. -ZCA 09-0001 Outdoor Lighting in Residential Areas (clean copy) 3. June 23, 2009 Agenda Report to the Board of Supervisors 4. Modifications to the June 23, 2009 draft ordinance (strikeout/underline) I •BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■ ■October 27, 2009 m ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■Page 3 of 3■. 1 2 Ordinance No. 3 AN ORDINANCE ADDING SECTION 24-241, ENTITLED OUTDOOR 4 LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE IV OF CHAPTER 24 OF 5 THE BUTTE COUNTY CODE 6 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. Section 24-241 is added to Article IV, entitled "General Development 9 Regulations" of Chapter 24, entitled "Zoning", of the Butte County Code to read as 10 follows: 11 24-241 Outdoor Lighting in Residential Areas 12 (a) Purpose. The purpose of this section is to provide minimum requirements for outdoor 13 lighting in residential areas in order to reduce light trespass and glare, and to protect the 14 health, property, and well being of Butte County residents and visitors. 15 (b) Definitions. The definition of terms in this section shall be as follows: 16 (1) Outdoor lighting. Outdoor light fixtures, whether permanent or portable, including 17 general light fixtures, searchlights, spotlights, and floodlights; and the light cast by such 18 fixtures. 19 (2) Adequately shielded. Shielding of a light fixture by opaque components or materials, 20 such that light rays are limited to the parcel of origin, and the light source is not visible 21 from another property or public right-of-way. 22 (3) Glare. Intense or blinding light. 0 23 (4) Light fixture. A complete lighting unit consisting of one or more lamps, the lamp 24 holder, any reflector or lens, and any other components or. accessories. 25 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 26 artificial light or illumination. 27 (6) Light trespass. Light falling across a property line onto another lot or parcel of land or 28 onto a public right-of-way. 29 (c) Applicability, 30 (1) The requirements of this section shall apply to all outdoor lighting on parcels zoned 31 AR through AR -10 (Agricultural. Residential); A-SR.(Agricultural Suburban - 32 Residential); FR -1 through FR -160 (Foothill Recreational); M -R (Mountain or 33 Recreation Subdivisions -Residential); R-1 through R-4 (Residential); R -N (Residential 34 Nonconforming); RT -1 through RT- lA (Residential -Mobile Home); SR through SR -5 35 (Suburban Residential); TM -1 through TM -160 (Timber Mountain); and U 36 (Unclassified). This section does not apply to lighting at publicly owned facilities, 37 including public rights-of-way. 38 (2) New Development. All outdoor lighting installed after the effective date of this 39 ordinance shall be in conformance with this section, and with other applicable standards 40 and requirements. 41 (3) Non -Conforming Light Fixtures. Outdoor lighting existing'on the effective date of 42 this ordinance that does not meet the requirements of this section shall be brought into 43 compliance or removed as follows: 44 a. Within three (3) months of the effective date of this ordinance, where re -direction of 45 the light fixture is feasible and will bring the light fixture into compliance; or 5 46 b. Within six (6) months of the effective date of this ordinance, in all other cases. 47 (4) Compliance with Lighting Standards. Light fixtures not meeting the standards of this 48 section shall be brought into compliance in any of the following ways: 49 a. Re -direction of the light fixture; 50 b. Shielding of the lamp; 51 c. Redesign or relocation of the light fixture; 52 d. Replacement of the light fixture with a conforming fixture; or 53 e. Removal of the light fixture. 54 (d) Standards. All outdoor lighting in residential areas shall be located, adequately 55 shielded, and directed such that no direct light falls outside the property perimeter. or into 56 the public right-of-way, as illustrated in Figures 1 and 2. 57 58 0 59 60 61 62- 63 64 Figure L Inadequate vs. Adequate Shielding Inadequate Adequate FixtOrWAtiat produce glare and itght trespass - Futures that Shield the light sauce to minimae glare and tight trespass Ng Y? ' and to facilitate better vision at hl Full Cutoff Fixtures W. UnstileltleUf�hts - e or Pooriy-shielded Floodlights - U•" Fully Shielded Wal "ay Full B Shielded N� . - YJaI ac xt Wali ERA Maunf Fixfures. Rf m Unshletded Waltpacks -" 8 Unshielded or p ' Poorly -shielded Wall - x Mount Fixtures^ x , Drop -Lens & Sag -Lens Fixtures x_ r •�..� -' Fully Shielded Fixtures wr exposed bulb / retractor. lens ; Full Cutoff Streell ht Unshielded StreeUt�t � � f � i9 Fully Shielded Unshielded ✓ .Per-& Style J e, 'Period' Style Fodures _ FixNres- rr ` . ,''s,:;` i Fully ShiId c SecurifetLi d t Security . N gh ,ase Unshielded PAR try - - Sftlelded i. Property -aimed Flush Mounted Canopy . Drop -lens Canopy pAR Floodlights Fixtures Floodlights - FUdures�.. Source: Dark Sky Society ' r • r i ' N F ' f { 7 -1. 69 70 71 r Property Line i 72 73 (a) Exemptions. The following types of lighting are exempt fromthere uirements. of this _ 74. section: , `. - r.. _,7 75 (1) Holiday and temporary lighting (less than thirty (30) days in any one year); and, '76 (2) Temporary lighting used bylaw enforcement or emergency personnel:to'protect life 77 or property.. 78 . (f) Security lighting. Security lighting triggered by motion or noise shall be permitted ' 79 subject to all of the provisions of this section. Sensors for` such lighting shall not be' •. '" - _ '80 triggered by activity located outside the subject property'. " 81 (g) Prohibited Lighting: Flashing, flickering; or. other lighting that is distracting or may be 82 - confused'with traffic or emergency signals shall be prohibited: A , 83 (h) Enforcement. Any person ho violates any of the provisions of this section shall be M1 84 subject to the provisions of Chapter 41, entitled "Code Enforcement -Policies and 85 Procedures," of this code. 86 Section 2. Severability. -If any provision of this Ordinance or the application thereof to - 87 any person or circumstances is�for any reason held to be invalid by a court of competent 88 jurisdiction, such provision shall be ,deemed severable, and the invalidity thereof shall not 89 affect the remaining provisions.or other applications of the Ordinance which can be given 90 effect without the invalid provision or application thereof. 91 Section 3. Effective Date and Publication. This'Ordinance shall take effect thirty (30) 92 days after the date of its passage. The Clerk of the Board of Supervisors is authorized and 93 directed to publish this ordinance before the expiration of fifteen .(15) days after its 94 passage. This Ordinance shall be published once, with the names of the members of the 95 Board of Supervisors voting for and against it, in the , a newspaper of 96 general circulation published in the County of Butte, State of California. 97 PASSED AND ADOPTED lby. the Board of Supervisors of the County of Butte, 98 State of California, on the day of , 2009, by the -following rl�Molms r4 100 101 AYES: 102 103 NOES: 104 105 ABSENT: 106 107 NOT VOTING: 108 109 110 111 112 113 ATTEST: 114 Gregory G. Iturria, 115 Interim Chief Administrative Officer 116 and Clerk of the Board 117 118 By 119 Bill Connelly, Chair of the Butte County Board of Supervisors 4 RESOLUTION 09-44 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT ZCA09-0001 OUTDOOR LIGHTING IN RESIDENTIAL AREAS WHEREAS, on December 16, 2008 the Board of Supervisors directed the Director of Development Services to prepare an ordinance providing standards limiting light trespass and glare in residential areas, in order to protect the health, safety, and, well being of Butte County residents and visitors; and . WHEREAS, on June 23, 2009 the Board of Supervisors confirmed three months as a reasonable amortization, period for non -conforming lighting requiring only re- direction to be brought into conformance with the proposed zoning code amendment; and six months as a reasonable amortization period for all other non -conforming lighting; and WHEREAS, the Planning Commission has considered Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, which provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare; in accordance with Chapter 24, Zoning, of the Butte County Code; and WHEREAS, Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas is exempt from review under the California Environmental Quality Act, pursuant to Section 15308 Action by Regulatory Agencies for Protection of the Environment, as an action to assure the peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass; and WHEREAS, a duly notified public hearing was held on September 24, 2009;, and WHEREAS, the Planning Commission has considered direction from theBoard of Supervisors, public comments regarding the proposed Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors adopt Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, with the finding that the zoning code amendment is consistent with the General Plan in providing for the health, safety and well being of the County's present and future residents, by setting forth standards for the proper design and location of outdoor lighting in residential areas, in order to limit light trespass and glare. 10 DULY PASSED AND ADOPTCD 'h" day b p vote: AYES, ' NOES None` ec ef ABSENTY."B""kii - .121 Marin .'"",Chan . Planning Comm�ssori :County f,�*B C ntyk'oLitfe;S-fite, f'.0alif6mia Chuck XKT --mli-d -C County, pt!ts,'qtte it. ii 284 Centennial Avenue Chico, CA. 95928 September 21, 2009 Members of the Planning Commission Butte County 7 County Center Drive Oroville, CA. 95965 Dear Commission Members, I appreciate your giving careful consideration at your meeting this week to the Residential Lighting Ordinance Draft which Staff will present for your review. For nearly three years I have been working with my supervisor, Maureen Kirk, Tim Snellings; and Claudia Stuart on lighting issues in Butte County. For quite some time a commercial lighting ordinance has been in place in the county. Yet, despite the residential growth which occurred during the 1990's into the present century, residential lighting and light trespass caused by inappropriate residential lighting has gone unregulated. Until now. I have committed my time and effort to this matter because of the extraordinary impact an adjacent property owner's exterior lighting has had on my property and life; and also because it was the right thing to do. All residents of Butte County, myself included, deserve to have protection from lighting nuisance. I am attaching to my letter prior correspondence that I have had with County Supervisors. Please note that not all of the photographs of my property are included as I understand Claudia Stuart will share some of them with you in her power point presentation. My last attachment is a copy of a letter to the Board of Supervisors from the Centennial Avenue Neighborhood Group. In this twenty-four homeowners in the neighborhood indicated their concern to the Board that a comprehensive residential lighting ordinance be given highest priority. Thank you for your deliberations. Your time and service on the commission are valued. Sincerely, aren Van Derpool • i 12 ( 284 Centennial Ave. Chico, CA. 95928 .................... 14 December 2008 Dear Supervisors. Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, I understand you will be discussing an Existing List of Code Amendments (Item .4.04) at.the December 16, 2008 Board Meeting. Among them is a Lighting Ordinance. have been a resident of Butte County for nearly 27 years and a homeowner for most of that time..I own a one acre property on Centenniall Avenue, in a neighborhood that remains semi -rural in context due to large parcel sizes and proximity to one of the gems in this county, Bidwell Park.. However, this is not my experience of my property due to the severity of light trespass caused by an adjacent property owner._ Nearly 80% of my one acre -is lit up'from dusk to.dawn by seven large security type lights erected on the neighboring parcel. Five of theseven large lights are placed along the entire.`450 ft. length of the property line and are -sited within just two feet of the fenoe. Four of the security th lights are rrrounted orr telephone poles; the 5 , light is attached to. a tall meta+ pole. 'The sheer number of lights, type of lights, and total illumination created by them does -not- preserve, support nor enhance the character of the Centennial Neighborhood nor my property. am appending photos of my property so that you might both appreciate and understand the enormity of the,problem which exists... All photos, except one, were taken after'dark with the sole source of illumination coming from the adjacent property. The light affects every room in my home', including four bedrooms; most outside spaces on my parcel;` stalls and:comals in the horse barn; and, the riding arena. It affects my circadian rhythms and that of my bam animals. have been working diligently with Supervisor. Kirk, Tim Snellings and Claudia Stuart for.neady two years on lighting issues in the county. All th.reezbave visited my property at night: They can caapably"field your questions:based on their first- hand observations, our many discussions, and the work we,Have accomplished together thus far. I appreciate the careful ,-reviewyou -will give to the Lighting -Ordinance and advocate that very high priority ranking be assigned to it at'your meeting... Yours sincerely, Karen Van Derpool 13. .284 Centenial Avenue Chico, CA. 95928 h June 21, 20014 ul co_ Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, You will be reviewing a draft ordinance regarding outdoor residential lighting (Item 4.06) at the June 23, 2008 Board of Supervisors Meeting. I previously provided input to the Board for your December 16, 2008 meeting on the issue of light trespass. I wish to do so again at this time. First; My -Experience. Light trespass and glare has adversely affected my property and living conditions for some years now. My intention is to provide you with an overview of some of the difficulties, health hazards, and impact on privacy posed by this situation. Please refer to the attached summary. Second, The Draft Proposal There are two areas wherein I am seeking clarification/modification Line 26 -Point (6): Light trespass. The source of light trespass is not always an adjoining parcel. Here is a case in point. A misdirected, high wattage flood light on the home of an elderly neighbor two parcels away now comes into my kitchen window at night. I encourage a change in draft language so the ordinance addresses such a situation. This may also potentially affect the wording in (3) (d) Standards where it reads "an adjoining parcel or lot'. Line 72 — Exemptions: (f) Security lighting: "permitted subject to all the provisions of this section." Which section is being referred to? Does this mean shielding and, if so, should that be stated here? Both the quantity and brightness of the outdoor lamps on the parcel adjoining mine are extreme and out of context for the neighborhood. Centennial Avenue has no curbs, gutters, sidewalks, or streetlights. It is a rural -type lane abutting the darkness of Bidwell Park and area residents wish to maintain the character of the neighborhood. Our support for a residential lighting ordinance was voiced in a memo to you (12-13-2008) from the Centennial Avenue Neighborhood Group (24 signatures) and we appreciate your continuing consideration of this matter. The work of county staff to research and develop the draft ordinance is also valued. After years of living with this problem it is gratifying to see tangible progress as the ordinance moves forward toward adoption I await the day that I can again enjoy my rights to privacy and a heathy lifeste, and, insure the wellbeing of my animals...... on my own property! Very sincerely yours, Karen Van Derpool 14 Difficulties created by outdoorlighting crossing my.property boundary encompass health, safety, and privacy issues. For some years now light trespass has affected the full and complete enjoyment of my property, my home, my lifestyle, and my animals. • Commercial -type outside lights flood @ 80% of my parcel at all hours. This light crosses the 125 ft. width of my property falling onto two parcels to the east of mine. As shown in my December 14, 20Q8 packet to you, there are areas on my property where I can read a paperback book at night! The light trespass affects all rooms in my 2,000 sq, ft. home, including the four bedrooms, disrupting sleep.' Due to the intrusion of light, it is not even possible to raise the bedroom window coverings on these warm nights to let in the cool night air. It has been widely documented that light affects circadian rhythms, thus influencing sleeping and waking patterns. Other health effects have been recently documented "In January (2008), Itai Kloog at Haifa University in,Tsrael and researchers at University of Connecticut reported in the Chronobiology International that the incidence of breast cancer among women living in brightly lit neighborhoods was as much as 73% higher than among women in areas where nighttime darkness was the.norm." Hotz, Robert Lee, 'It's All About the Lighting, The Wall' Street Journal, July 25, 2008. This is a shocking statistic and as a woman who has lived under extreme light conditions for a number of years now this greatly concerns me. • Light flooding into my backyard has affected the hot tub area. The lack of privacy due to light intrusion has made it impossible to use the spa in recent years. Another concern has been personal safety as this area can be seen from the east and -unwanted lighting makes hot tub usage visible. The property I own was built in the 1950's. as an equestrian property. The barn, in addition to having standard stalls also. has a mare and foaling stall.. Light trespass affects all of the outside corrals and intrudes into some stalls, including the mare and foaling stall. Light has many affects on horses one of which is the disruption of the estrus cycle in mares. Controlling the amount of artificial light is essential to some breeding practices. As a result of light trespass, an aspect of the function of my barn has been compromised_ (See appended letter, Wallace H. Lieberman, DYW I am attaching a photo of that part of the barn where the mare/foaling stall and its corral are located. Note the extremity of the light conditions. Ivry horse; when housed in that area, became agitated at night and ceased laying down in his stall to rest due to the disruption in his sleep patterns. • Light trespass is affecting the value :of my property. My realtor has told me that this situation, if not solved, must be divulged to a prospective buyer and my selling price would be negatively impacted. 15 1669S. mina Ac - . . [.,.;uu zx 4A ....... ... W. 3 ml: Z�44 �fysy /omJIM ,.� 11 $,��ntd I �•� +f1 r�K'}�y�?,J�(f��sh'9 f�� <{ 'f.SS._A,'h ...r'•'�+f�r •1. ... d .•_4`•'i}ft��:f'r�f•��>:! i5:` p 7 ick, G� I BUT' COLO ,,D�ZSTP SEP 16 2009 OROVII LE, CgLIFOR� 284 Centenial Avenue Chico, CA. 95928 June 21, 2008 Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, You will be reviewing a draft, ordinance regarding outdoor residential lighting (Item 4.06) at the June 23, 2008 Board of Supervisors Meeting. I previously provided input to the Board for your December 16, 2008 meeting on the issue of light trespass. I wish to do so again at this time. First, My Experience. Light trespass and glare has adversely affected my property and living conditions for some years. now. My intention is to provide you with. an overview of some of the difficulties, health hazards, and impact on privacy posed by this situation. Please refer to the attached summary. Second, The Draft Proposal There are two areas wherein I am seeking clarification/modification. Line 26 -Point (6): Light trespass. The source of light trespass is not always an adjoining parcel. Here is a case in point. A misdirected, high wattage flood light on the home of an elderly neighbor two parcels away now comes into my kitchen window at night. I encourage a change in draft language so the ordinance addresses such a situation. This may also potentially affect the wording in (3) (d) Standards where it reads "an adjoining parcel or lot". Line 72 — Exemptions: (f) Security lighting: "permitted subject to all the provisions of this section." Which section is being referred to? Does this mean shielding and, if so, should that be stated here? Both the quantity and brightness of the outdoor lamps on the parcel adjoining mine are extreme and out of context for the neighborhood. Centennial Avenue has no curbs, gutters, sidewalks, or streetlights.. It is a rural -type lane abutting the darkness of Bidwell Park and area residents wish to maintain the character of the neighborhood. Our support for a residential lighting ordinance was voiced in a memo to you (12-13-2008) from the Centennial Avenue Neighborhood Group (24 signatures) and we appreciate your continuing consideration of this matter. The work of county staff to research and develop the draft ordinance is also valued. After years of living with this problem it isgratifying to see tangible progress as the ordinance moves forward toward adoption. I await the day that I can again enjoy my rights to privacyand a heathy lifesttle, and, insurethe wellbeing of my animals... on my own property! Very sincerely yours, Karen Van Deipool 19 Difficulties created by outdoor lighting crossing my property boundary encompass health, safety, and privacy issues. For some years now light trespass has affected the full and complete enjoyment of my property, my home; my lifestyle, and my animals. • Commercial -type outside lights flood cQ 80% of my parcel at all hours. This light crosses the 125 ft. width of my property falling onto two parcels to the east of mine. As shown in my December 14, 2008 packet to you, there are areas on my property where I can read a paperback book at night! • The light trespass affects all rooms in my 2,000 sq. ft. home, including the four bedrooms, disrupting sleep. Due to the intrusion of light, it is not even possible to raise the bedroom window coverings on these warm nights to let in the cool night air. It has been widely documented that light affects circadian rhythms, thus influencing sleeping and waking patterns. Other health effects have been recently documented. "In January (2008), Itai Kloog at Haifa University in Israel and researchers at the University of Connecticut reported in the Chronobiology International that the incidence of breast cancer among women living in brightly lit neighborhoods was as much as 73% higher than among women in areas where nighttime darkness was the. norm." Hotz, Robert Lee, 'It's All About the Lighting, The Wall Street Journal, July 25, 2008. This is a shocking statistic and as a woman who has lived under extreme light conditions for a number of years now this greatly concerns me. i • Light flooding into my backyard has affected the hot tub area. The lack of privacy due to light intrusion has made it impossible to use the spa in recent years. Another concern has been personal safety as this area can be seen from the east and unwanted lighting makes hot tub usage visible. • The property I own was built in the 1950's as an equestrian property. The barn, in addition to having standard stalls also has a mare and foaling stall.. Light trespass" affects all of the outside corrals and intrudes into some stalls, including the mare and foaling stall. Light has many affects on horses one of which is the disruption of the estrus cycle in mares. Controlling the amount of artificial light is essential to some breeding practices. As a result of light trespass, an aspect of the function of my bam has been compromised. (See appended letter, Wallace H. Lieberman, DVM) I am attaching a photo of that part of the barn where the mare/foaling stall and its'��corral are located Note the extremity of the light conditions. My horse, when housed in that area, became agitated at night and ceased laying down in his stall to rest due to the disruption in his sleep patterns. • Light trespass is affecting the value of my property. 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' ;' 4, �� *:. - I . .. .. , Z ... � . . - - .... - ", - -';?:-`?'--*� - .. � -... � , - . !.�..."," ..-- -s;-: 16 Butte County Department of Development Services TIM SNELLINGS,.DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone www.buftecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING USERS' GROUP July 29, 2009 — Summary Meeting Notes 1) Butte County General Plan 2030 — Outcome of the Housinq Element Workshop Series Joint Planning Commission & Board of Supervisors meeting on May 29 and upcoming items. Pete Calarco gave the overview of the General Plan 2030 status — the Draft General Plan will be released for review end of August/September. The Board will hold a joint meeting with the Planning Commission to consider approval of the Housing Element on August 25. 2) Building Division Activity Reports — Summaries of recent permit submittals. Pete Calarco handed out the Building Division activity reports. A similar report for Planning Division activity was requested. 3) Floodplain & Mapping Issues — Overview and discussion regarding the current status of the flood mapping updates and related information Stuart Edell, Deputy Director, Public Works discussed the latest issues on the PAL Agreement; pending flood zone remapping and key state legislation. Staff will follow with a distribution of the legislation for the Users' Group. These are related to a 200 -year flood zone requirements; levee flood protection zones; and special findings for permits and project approvals in flood zones. 4). Code Fix Items — Overview of current code fix status report and briefing on the following: a) Draft Residential Generator Noise Ordinance: b) Draft Outdoor Lighting in Residential Areas Ordinance. Claudia Stuart, Principal Planner, indicated that an additional item has been placed on the code fix list: Off-road vehicle usettracks on private property and related nuisances. Claudia provided an overview of both the draft Lighting ordinance and Generator noise ordinance and explained the applicability. Generally, group comments were in opposition to the concepts in the draft ordinances for several reasons: these nuisances should be left as a civil matter, not for government involvement/enforcement; difficulty of enforcement and lack or resources; these issues are better to address in the comprehensive GP2030 code update; concern about different standards used in the (Title 25) ordinance. 5) Other Items from the floor - Introduction of other issues/ideas for future agenda items. Two items were requested for the next agenda: Status of sewage ordinance and an update regarding the latest graywater issues from the State. 6) Adjourn —The next regularly scheduled meeting is August 26, 2009. Butte County DDS Users' Group ■ Summary Meeting Notes ■ July 29, 2009 ■ Page 1 of 1 23 284 Centennial Ave. Chico, CA. 95928 14 December 2008 Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi, I understand you will be discussing an Existing List of Code Amendments (Item .4.04).at the December 16, 2008 Board Meeting. Among them is a Lighting Ordinance. I have been a resident of Butte County for nearly 27 years and a homeowner for most of that time. I own a one acre property on Centenniall Avenue, in a neighborhood that remains semi -rural in context due to large parcel sizes and -proximity to one of the gems in this county, Bidwell Park. However, this is not my experience of my property due to the severity of light trespass caused by.an adjacent property owner.. Nearly 80% of- my one acre -is lit up from dusk to dawn by seven large security type lights erected on the neighboring parcel. Five of the seven large lights are placed along the entire 450 ft. length of the property line and are sited within just two feet of the fence. Four of the security lights are mounted --on telephone poles, the 5" light is- attached- to- a tall- metaf pole. The sheer number of lights, type of lights, and total illumination created by them --does -not, preserve, support -nor enhance the character of the •Centennial Neighborhood nor my property. I am appending photos of my property so that you might both appreciate and, understand the enormity of the .problem which exists. All photos, except one, were taken after'dark with the sole source of illumination coming from the adjacent property. The light affects every room. in.my home, including -four bedrooms; most outside spaces on my parcel; stalls and corrals in the horse barn; and, the riding arena. It affects my circadian rhythms and that of my bam animals. - - I have been working diligently with. Supervisor Kirk, Tim Snellings and Claudia Stuart for nearly two years .on lighting issues.in the county. All.thr6 # ave visited my property at night. They can capably"fieldyour questions.:based on their first- hand observations, our many discussions, and the work we'. -have accomplished together thus far. I appreciate the careful-reviewyou•will give to the Ligh#ing`.Ordinanoe and ..advocate that very high priority ranking be assigned -to lit at your:rr eetirtg, Yours sincerely, Karen Van Derpool a i qq -.:>. Rrw _ 'jj ,I L' .... .. _ .. •,r:;; sr a .. F " x { r; C st a i qq 'jj ,I L' .... .. _ .. •,r:;; sr a .. -" 27 December 13, 2008 Butte County Board of Supervisors • Supervisor Connelly Supervisor Dolan • Supervisor Kirk • Supervisor Josiassen • Supervisor Yamaguchi Dear Supervisors, At the December 16, 2008 meeting of the Butte County' Board ofSuperyi.�Q� _you will... be discussing and prioritizing upcoming code amendmentsund tem ono. It is o dui given concern, as county residents that. diligent consideration is tog c need in Butte County for a comprehensive lighting ordinance and that highest priority ranking be assigned to this item.- , Your time and deliberations are appreciated by all of us. Sincerely, TheCentennial Avenue Neighboihood. Group ak,� Aud' Air � S Cc'n e �n rGc j A v e -3700E/U T CAjN E. kyr,_ 1 28 C77v�8 wxy . 1 Ur'l1l 'ci-- wofq / �9 al,16 c4,1yo 1 7,f ClkL. 641-7ot- r6m, � �e y► �`'r � ►�'� rf -' G Gam_ Awe 29- 'L'> correcting Introduction problems inefficient • Many types of outdoor lighting designed for advertising, security and visibility are actually wasteful, invasive and a source of disabling glare. }� 1. • "Light trespass", the poor control of outdoor lighting which crosses property lines, detracts from our quality of life, and confuses the instinctive daily and seasonal cycles of animals and plants. 'I • � Although perceived as a.deterrent to crime, studies by the US Department of Justice* and the'National Institute of Justice* show no conclusive evidence that lighting actually prevents crime. I� • Public hazards have been created by the use of glaring, high -wattage floodlighting along roadways and business parking lots, shining directly in the driver's line of sight. • Public safety is also being compromised by businesses competing with light levels to attract business. The eye's inability to adjust quickly to drastic changes from light to dark, leaves a driver temporarily blind when exiting an overlit business area at night. It is not uncommon to see businesses using 3 to 6 times the recognized, lighting industry recommendations for site lighting (IESNA). a� • The recent awareness of global warming concerns, due in a large part to power plant emissions, now demands an effort to reduck our consumption of electricity. • Because of this unnecessary condition, many of our children today have already lost much of the starry night sky behind the glow of wasted light, limiting their imaginations to the man-made boundaries a'r`ound them. • By correcting these outdoor lighting problems for the future we can save money and electricity, improve public safety and increase visibility, while reducing air pollution and green house gas emissions. ,t • "Study of Streedightiug And Crime" 7M by James M. Tied / US Dept of Justice " www.darksky org tdanda„?/info63.htmi "Preventing Crime, What works, What Doesn't, What's Promising' A report to the US Congress / The National lostitutue of Justice • www.ncjm'org/works/wholedmhtm f� Fnr mnrre infnrrnatirtn mn1nM 7 ha inremafinnal Ik�r:r Ckv Aaarwinfiim 37.9.5 N First Avr. 7hvsrm A7. R5719 • S9t1.9.91.419R " wkhaiter h"-//wwwAa*.1'v r3O �j , 284 Centenial Avenue Chico, CA. 95928 June 21, 2008 Dear Supervisors Connelly, Dolan, Kirk, Josiassen, and Yamaguchi. You will be reviewing a draft ordinance regarding outdoor residential lighting (Item 4.06) at the June 23, 2008 Board of Supervisors Meeting. I previously provided input to the Board for your December 16, 2008 meeting on the,issue of light trespass. I wish to do so again at this time. First, My Experience. Light trespass and glare has adversely affected my property and living conditions for some years now. My intention is to provide you with an overview of some of the -difficulties, health hazards, and impact on privacy posed by this situation. ,Please refer to the attached summary. Second, The Draft Proposal There are two areas wherein.I am -seeking clarification/modification. Line 26 -Point (6): Light trespass. The source of light trespass is not always an adjoining parcel. Here is a case in point. A misdirected, high wattage flood light on the home of an elderly neighbor two parcels away now comes into my kitchen window at night. I encourage a change in draft language so the ordinance'addresses such a situation. This may also potentially affect the wording in (3) (d) Standards where it reads "an adjoining parcel or lot". Line 72 Exemptions: (4, Security lighting: "permitted, subject to all the provisions of this section. Which section is being referred to? Does this mean shielding and, if so, should that be stated here? Both the quantity and brightness of the outdoor lamps on the parcel adjoining mine are extreme and out of context forthe neighborhood. Centennial Avenue has no curbs, gutters, sidewalks, or streetlights. It is a rural -type lane abutting the darkness of Bidwell Park and area residents wish to maintain the character of the neighborhood. Our support for a residential lighting ordinance was voiced in a memo to.you (12-1-3-2008) from the Centennial Avenue Neighborhood Group (24 signatures) and we appreciate your continuing consideration of this matter.. The work o.f county staff to research and develop the drafii ordinance is also valued. After years of living with this problem it is gratifying to see tangible progress as the ordinance moves forward toward adoption, I await the day that I can again enjoy my rights to privacy and a heathy lifesttle, and, _insure the wellbeing of my animals. on my own property! 31' Difficulties created by outdoor lighting crossing my property boundary encompass health, safety, and privacy issues. For some years now light trespass has affected the full and complete enjoyment of my property, my home, my lifestyle, and my animals. • Commercial -type outside lights flood @ 80% of my parcel at all hours. This light crosses the 125 ft. width of my property falling onto two parcels to the east of mine. As shown in my December 14, 2008 packet to you, there are areas on my property where hcan read a paperback book at nightl • The light trespass affects all rooms in my 2,000 sq. ft. home, including the four bedrooms, disrupting sleep. Due to the intrusion of light, it is not even possible to raise the bedroom window coverings on these warm nights to let in the cool night air. It has been widely documented that light affects circadian rhythms, thus influencing sleeping and waking patterns. Other health effects have been recently documented. "In January (2008), Itai Kloog at Haifa University in Israel and researchers at the University of Connecticut reported in the Chronobiology International .that the incidence of breast cancer among women living in brightly lit neighborhoods was as much as 73% higher than among women in areas where nighttime darkness was the. norm." Hotz, Robert Lee, 'It's All About the Lighting', The Wall Street Journal, July 25, 2008. This is a shocking statistic and as a woman who has lived under extreme light conditions for a number of years now this greatly concerns me. • Light flooding into my backyard has affected the hot tub area. The lack of privacy due to light intrusion has made it impossible to use the spa in recent years. Another concern has been personal safety as this area can be seen from the east and unwanted lighting makes hot tub usage visible. • The property I own was built in the 1950's as an equestrian property. The barn, in addition to having standard stalls also has a mare and foaling stall. Light trespass affects all of the outside Corrals and intrudes into some stalls, including the mare and foaling stall. Light has many affects on horses one of which is the disruption of the estrus cycle in mares. Controlling the amount of artificial light is essential to some breeding; practices. As a result of lighttrespass, an aspect of the function of my barn has been compromised. (See appended letter, Wallace H. Lieberman, DVM) I am attaching a photo of that part of the barn where the mare/foaling stall and its corral are located. Note the extremity of the light conditions. My horse, when housed in that area, became agitated at night and ceased laying down in his stall to rest due to the disruption in his sleep patterns. Light trespass is affecting the value of my property. My realtor has told me that this situation, if not solved, must be divulged to a prospective buyer and my selling price would be negatively impacted 32 a m ZAA'l ' Al 9 4'�4W'�4 J, 41 R*Ml IX le" P-IlllffriI4 I "t. V �.' 17 BUTTE COUNTY PLANNING COMMISSION 4 '• 'AGENDA REPORT September 24, 2009 Applicant:. County of Butte . ► Location: Various File #• ' ZCA09-0001 Outdoor Lighting in parcel Size' • Various Residential Areas Request: Amend the zoning ordinance to Supervisor All more effectively implement Districts:: Policies LU -1. La and LU 6. La of the General Plan.' G.P.:. Various Planner: - Claudia Stuart Principal Planner (530) 538-7604 Zoning: AR through AR -10 (Agricultural 'Attachments: Residential): A -SR (Agricultural Suburban- : A: Resolution recommending Residential); approval of Zoning Code Amendment ZCA09-0001 FR -1 through FR -160 (Foothill '-Outdoor Lighting in Residential Recreational); Areas to the Board of M -R (Mountain or Recreation Supervisors Subdivisions -Residential); R-1 through R-4 (Residential); R -N (Residential Nonconforming); RT -1 through RT -1 A (Residential -Mobile Home);', SR through SR -5 (Suburban; Residential); TM -1 through TM -160 '(Timber Mountain); and U (Unclassified). Zone Date: N/A B: Draft ZCA09-0001 Outdoor Lighting in Residential Areas C: Staff Report to the Board of ■ BUTTE* OUNTY PLANNING COMMISSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ I ■ Page 1 of 6 ■ 35 it Supervisors dated June 23, 2009 D: Changes to the June 23, 2009 preliminary draft ordinance (underline/strikeout version) ■ BUTTE COUNTY" PLANNING COMNIISSION AGENDA REPORT■ ■ September 24, 2009 . ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■Page 2of6■ 36 SUMMARY The County is proposing a revision to Chapter 24 of the Butte County Code during the preparation of a comprehensive update to the code as part of the Butte County General Plan 2030 process. The proposed revision provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare. It requires that light fixtures be shielded, directed, and located such that direct light is limited to the parcel of origin. An amortization period of three months is allowed for existing lighting that requires only re- direction to be brought into conformance. A six-month amortization period is allowed in all other cases. After completion of the amortization period, enforcement would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code. RECOMMENDATION Staff recommends adoption of the . resolution recommending approval of Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas (Attachment A) to the Board of Supervisors. PROJECT DESCRIPTION Background Light trespass is generally defined as direct light falling across a property line onto another parcel or public right-of-way. In March 2008 the Department of Development Services received a report of persistent light trespass from a County resident in the Chico area. Both the source and affected properties are located in the County's jurisdiction within the City of Chico Sphere of Influence. Both properties are located within the AR (Agricultural Residential) General Plan land use designation, and are zoned A -R (Agricultural -Residential). The report described light trespass originating from fixtures on a neighboring parcel. It noted that the light trespass disturbed the complainant's sleep and use of property, and potentially affected the health of the complainant's livestock. The report further expressed concern regarding the effects of the light on wildlife and public uses (including an observatory) in the adjacent city park. Staff conducted two site visits in March 2008 and observed direct light cast across the complainant's home and property by the neighboring lighting installations. The subject light fixtures are high-intensity, located close to the affected property along the neighboring driveway, placed relatively high, and lack adequate shielding to control the casting of direct light onto the complainant's property. The current Butte County Code includes standards for lighting in the C -C Community Commercial, N -C Neighborhood Commercial, C/M Chapman/Mulberry, and Recreational overlay zones, as well as for large retail projects. These standards require that exterior lighting be confined to the premises, with, direct light and light sources not visible from adjoining properties. Code requirements for off-street parking require that lighting be directed and maintained so as to ■ BUTTE COUNTY PLANNING COMNUSSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 3 of 6 ■ 37 not interfere with the use and enjoyment of property by any person. However, the current code does not contain specific standards which would address the reported instance of light trespass originating from a residential property. The proposed zoning code amendment (Attachment B) was prepared after direction from the Board of Supervisors on December 16, 2008. The Board directed staff to develop standards to limit light trespass in residential areas. Discussion i Staff has sought to address the identified issues but limit the complexity of the ordinance while broader standards are being drafted under the Butte County General Plan 2030 process. In preparing the proposed ordinance, staff reviewed ordinances from a number of jurisdictions in California, Arizona, Florida, New York, Wisconsin, Illinois, Texas, New Mexico and Idaho; as well as information published by the Dark Sky Society and the International Dark Sky Association. Feedback was also solicited from the planning directors of several iCalifornia counties. 'j The draft ordinance is intended to allow adequate lighting for safety and well being, while requiring that light fixtures be shielded, directed and located such that direct light isiilimited to the parcel of origin. An amortization period is provided to allow a reasonable amount of time to recoup the investment in existing lighting before it must be brought into compliance. Consistent with staff research, the proposed zoning code amendment provides a three-month amortization period for non -conforming fixtures requiring only re -direction to bring them into conformance. A six-month amortization period is provided in all other cases. After completion of these amortization periods, enforcement would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County (See Attachment C for the June 23, 1'2009 staff report to the Board of Supervisors.) I! At its June 23, 2009 meeting, the Board of Supervisors confirmed the proposed at periods (Attachment C), and suggested several other changes. Additional refinements�have been made after further staff review and in coordination with County Counsel. The changesliare shown in underline (additions) and strikeout (deletions) in Attachment D. } CONFORMANCE WITH THE GENERAL PLAN Land Use Element The Land Use Element (adopted County General Plan sets forth including the following policy: 1979, multiple revisions through he County's direction regarding 1.1. a. Provide for the health, safety and well-being of the residents. 2009) of the existing Butte land use and devl elopment, County's present''and future The proposed zoning code amendment is consistent with Policy LU- 1.La in providing minimum requirements for outdoor lighting fixtures in residential areas, in order to reduce light trespass and glare, and protect the health, property, and well being of Butte County residents and visitors. ■ BUTTE COUNTY PLANNING CONMISSION AGENDA REPORT■ !1 ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 4 of 6 ■ W The Land Use Element further describes measures that can be taken to minimize objectionable uses, specifically by location and design measures, and sets forth relevant direction in Policy 6. La.: The relatively low intensity of land use in much of the County has created a generally safe and pleasant living and working environment. Many types of land use, especially some commercial and industrial activities, can be detrimental to the health and safety or nearby residents and workers. However, the blighting effects of many "objectionable" uses can be minimized by requiring suitable locations and mitigating design measures. 6. La. Maintain public health and safety by requiring proper location and design for uses with offensive odors, dust, smoke, light, traffic, vibration, explosives, pollutants, insects and similar blighting influences. The proposed' zoning code amendment is consistent with Policy LU -6.1.a., in providing design requirements for outdoor lighting in residential areas in order to protect the health, property, and well being of Butte County residents and visitors. RELATIONSHIP TO -BUTTE COUNTY GENERAL PLAN 2030 A comprehensive update of the Butte County zoning code is currently underway as part of the Butte County General Plan 2030 process. The Conservation and Open Space Element of draft Butte County General Plan 2030 includes. the following goal and policy: Goal COS-] 7 Maintain and enhance the quality of Butte County's scenic and visual resources. COS -P17.3 Light fixtures shall be designed and sited so as to minimize light pollution, glare and light trespass into adjoining properties. Staff expects that the intent and purpose of the currently proposed zoning code amendment will be incorporated. into the comprehensive - zoning code update pursuant to this draft goal and policy. Adoption of Butte County General Plan 2030 and the comprehensive zoning code update is scheduled for September 2010. PUBLIC CONTACT AND COMMENTS Public comments in support of standards for outdoor lighting in residential areas were received at the Board's December 16, 2008 and June 23, 2009 meetings. The proposed zoning code amendment was also reviewed with the Users Group on July 29, 2009. A number of participants opposed the draft ordinance. These participants expressed the belief that lighting nuisances should be addressed as civil matters rather than by local ordinance. ■ BUTTE COUNTY PLANNING COMNIISSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 5of6■ Comments also noted challenges in enforcement, including lack of staff or funding .resources. However, several participants also acknowledged the potential impacts of light trespass and glare on community well being. Notice of the Planning Commission public hearing was provided consistent with Section 24- 25.25 (Public hearing for zoning amendments) of the Butte County Code. ENVIRONMENTAL REVIEW The proposed zoning code amendment is exempt from further review under the'ICalifornia Environmental Quality Act (CEQA) under Section 15308 Action by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by local ordinance, to assure the.maintenance, restoration, enhancement, or';protection of the environment where the regulatory process involves procedures for protection of the environment. The proposed zoning code amendment is such an action to assure then peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass. The Planning Commission will be making a recommendation to the Board of Supervisors regarding the proposed zoning code amendment ZCA09-0001 Outdoor Lighting in Residential Areas. If the Commission makes a recommendation, staff expects to schedule the Board of Supervisors' public 'hearing on October 27, 2009. Oral or written testimony given during the Planning Commission meeting will be included in the materials for the Board's consideration. ■ BUTTE COUNTY PLANNING COMNIISSION AGENDA REPORT. ■ September 24, 2009 ■; ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 6 of 6 ■ all 41 i1 RESOLUTION 09- A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT ZCA09-0001 OUTDOOR LIGHTING IN RESIDENTIAL AREAS WHEREAS, on December 16, 2008 the Board of Supervisors directed the Director of Development Services to prepare an ordinance providing standards limiting light trespass and glare in residential areas, in order to protect the health, safety, and well being of Butte County residents and visitors; and WHEREAS, on June 23, 2009 the Board of Supervisors confirmed three months as a reasonable amortization period for non -conforming lighting requiring only re- direction to be brought into conformance with the proposed zoning code amendment; and six months as a reasonable amortization period for all other non -conforming lighting; and WHEREAS, the Planning Commission has considered Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, which provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare; in accordance with Chapter 24, Zoning, of the Butte County Code; and WHEREAS, Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas is exempt from review under the California Environmental Quality Act, pursuant to Section 15308 Action by Regulatory Agencies for Protection,' of the Environment, as an action to assure the peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass; and WHEREAS, a duly notified public hearing was held on September 24, 2009; and WHEREAS, the Planning Commission has considered direction from the, Board of Supervisors, public comments regarding the proposed Zoning Code Amedment ZCA09-0001 Outdoor Lighting in Residential Areas, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors adopt Zoning Code Amendment ZCAO-0001 Outdoor Lighting in Residential Areas, with the finding that the zoning code amendment is consistent with the General Plan in providing for the health; safety and well being of the County's present and future residents, by setting forth standards for the proper design and location of outdoor lighting in residential areas, in order to limit light trespass and glare. 42 DULY PASSED AND ADOPTED this 24th day of September, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Fernando Marin; Chair Planning Commission County of Butte, State of California ATTEST: Tim Snellings, Secretary Planning Commission County of Butte, State of California 43 ATTACHMENT B 44 �I Ordinance No. . 2 3 'AN ORDINANCE ADDING SECTION'24-241,'ENTITLED OUTDOOR 4 LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE IV OF CHAPTER 24 OF 5 THE: BUTTE COUNTY CODE 6 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. Section 24-241 is added to Article IV, entitled "General Development 9 Regulations" of Chapter 24, entitled "Zoning", of the Butte County Code to read as 10 follows: 11 24-241 Outdoor Lighting in Residential Areas 12 (a) Purpose. The purpose of this ,section is to provide minimum requirements for outdoor' 13 lighting in residential', areas in..order to reduce light trespass and glare, and to protect the 14 health, property, and,.well being of Butte County residents and visitors. 15 (b) Definitions. The definition of terms din 'this section shall'be as follows: 16 (1) Outdoor lighting. Outdoor light fixtures,`whether permanent,or portable, including 17 general light fixtures, searchlights,:,spotlights, and floodlights; and the light cast by such 18 fixtures. 19 (2) Adequately shielded. Shielding of a -light fixture by opaque components or materials, 20 such that light rays are limited:to the parcel of origin, and the light source is not visible 21 from another property or public right-of-way. 22 .(3) Glare. Intense or blinding light. 45 i� 23 (4) Light fixture. A complete lighting unit consisting of one or more lamps, the lamp 24 holder, any reflector or lens, and any other components or accessories. 25 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 26 artificial light or illumination. 27 (6) Light trespass. Light falling across a property line onto another lot or parcel of land or 28 onto a public right-of-way. 29 (c) Applicability. 30 (1) The requirements of this section shall apply to all outdoor lighting on parcels zoned 31 AR through AR -10 (Agricultural Residential); A -SR (Agricultural Suburban - 32 Residential); FR -1 through FR -160 (Foothill Recreational); M -R (Mountain or 33 Recreation Subdivisions -Residential); R-1 through R-4 (Residential); R -N (Residential 34 Nonconforming); RT -1 through RT- lA (Residential -Mobile Home); SR through SR -5 35 (Suburban Residential); TM- 1'through TM -160 (Timber Mountain); and U 36 (Unclassified). This section does not apply to lighting at publicly owned facilities; 37 including public rights-of-way. 38 (2) New Development. All outdoor lighting installed after the effective date of this i• 39 ordinance shall be in conformance with this section, and with other applicable standards 40 and requirements. 41 (3) Non -Conforming Light Fixtures. Outdoor lighting existing on the effective date of 42 this ordinance that does not meet the requirements of this section shall be brought into 43 compliance or removed as follows: 44 a. Within three (3) months of the effective date of this ordinance, where re -direction of 45 the light fixture is feasible and will bring the light fixture into compliance; or 46 46 b. Within six (6) months of the effective date of this ordinance, in all other cases. 47 (4) Compliance with Lighting Standards. Light fixtures not meeting the standards of this 48 section shall be brought into compliance in any of the following ways: 49 a. Re -direction of the light fixture; 50 b. Shielding of the lamp; 51 c. Redesign or relocation of the light fixture; 52 d. Replacement of the light fixture with a conforming fixture; or 53 e. Removal of the light fixture. 54 (d) Standards. All outdoor lighting in residential areas shall be located, adequately 55 shielded, and directed such that no direct light falls outside the property perimeter, or into 56 the public right-of-way, as illustrated in Figures 1 and 2. .57 58 47 59 60 a 62 63 64 r 'i i Figure 1.,Inadequate vs. Adequate Shielding Inadequate Adequate 4� produce glare or Poorty-Shieldetl Floodlights o Unshieldedldedocks ..• &Unshielded or m �riy-Shielded Walt 5* :€'z :gMount Fixtures 7 L Drop -Lens B Sag -Lens Fixtures wlexposetl bulbrefractor lens'. Unshlelded Streetlight Unshielded. 'Peridtl' Style Fixtures Unshteided Security Light �Unshielded PAR - Drop -Lens Fl lights \Fues `� n s ' f - I 11 tl , M, Fixtures that shield the light source to minimize glare and tight trespass and to facilitate better vision at night {t. 99911[ . rsae Full Cutoff Fixtures � Fully Shielded Fully Shielded Walkway- ' Wailpack & Wall Bollards artls Mount Fixtures L`` �„ ss 'fy ,i • �-•-• Fully Shielded Fixhaes , Full Cutoff Streetlight ' --'"- - Fully Shieldedy- - `Period' Stylle Fixtures -am ri.m.e /I Fully Shielded Security Light Shielded / Properly -aimed Flush Mounted Canopy • PAR Floodlights Fixtures 1► - Source: Dark Sky Society 65 . Figure 2. Light Source'Not.Directly Visible OuWde Property Perimeter, 66 67 ; r 68.e 69 t. 70 i., t ► t ,,q 71 Property Line ' 72 5 } 73 (e) Exemptions. The following types of lighting are exempt from the requirements of this 74 section: ti r•- . 75 (1) Holiday'and temporaryaighting"(less than thirty (30) days in any one year and 76: (2) Temporary lighting used by law enforcement or emergency personnel.to, protect life 77 or property..' 78 (f) Security lighting. &curity lighting triggered by motion or.noise shall be permitted 79, subject to all'of the provisions of this section. Sensors for'such lighting shall not be - J 80 triggered by activity located, outside the subject property. `+. 81 (g) Prohibited Lighting.'Flasiiing, flickering, or other lighting that is distracting or may be 82 confused with traffic'or emergency' ignals shall be prohibited. 83 (h) Enforcement. Any person who violates any of the provisions of this section shall be 84 subject to the provisions of Chapter 41, entitled "Code Enforcement Policies and 85 Procedures," of this code: 86 Section 2. Severability. If any provision of this Ordinance or the application thereof to. 87 any person or circumstances is for any reason held to be invalid by a court of competent i 88 jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not i �i 89 affect the remaining provisions or other applications of the Ordinance which can be given 90 effect without the invalid provision or application thereof. 91 Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (3:0) 92 days after the date of its passage. The Clerk of the Board of Supervisors is authorized and 93 directed to publish this ordinance before the expiration of fifteen (15) days after its 94 passage. This Ordinance shall be published once, with the names of the members of the 95 Board of Supervisors voting for and against it, in the , a newspaper',,of 96 general circulation published in the County of Butte, State of California. 97 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, 98 State of California, on the day of , 2009, by the following 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: Gregory G. Iturria, Interim Chief Administrative Officer and Clerk of the Board Bill Connelly, Chair of the Butte County Board of Supervisors 50 ATTACHMENT C 51 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecou nty.neVdds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING June 23,. 2009 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 SUBJECT: DRAFT ORDINANCE - OUTDOOR LIGHTING IN RESIDENTIAL AREAS Recommendation Staff requests that the Board of Supervisors: 1. Provide staff with direction regarding reasonable amortization periods for outdoor lighting fixtures in residential areas; and 2. Review the proposed ordinance and provide additional comments as desired,. Project Summa Pursuant to the Board's direction on December 16, 2008 staff has prepared a draft ordinance (Attachment A) to address light trespass in residential areas. Light trespass is generally defined as unwanted direct light falling across a property line onto an adjoining parcel or public right-of- way. Background In March 2008 the Department of Development Services received a report of persistent light trespass from a County resident in the Chico area. Both the source and affected properties are located in the County's jurisdiction within the City of Chico Sphere of Influence. Both properties are located within the AR (Agricultural Residential) General Plan land use designation, and are zoned A -R (Agricultural -Residential). BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT ■June 23, 2009 ■ Outdoor Lighting in Residential Areas■ 1 of 3 52 The report described light trespass originating from fixtures on a neighboring parcel. It noted that the light trespass disturbed an adjacent resident's sleep and use and enjoyment of property, and potentially affected the health of the resident and the resident's livestock. The report further expressed concern regarding the effects of the light on wildlife and public uses (including an observatory) in the adjacent city park. Staff conducted two site visits in March 2008 and observed direct light cast across the complainant's home and property by the neighboring lighting installations. The subject light fixtures are high-intensity, located close to the affected property along the neighboring driveway, placed relatively high, and lack adequate shielding to control the casting of direct light onto the complainant's property. The current Butte County Code includes standards for lighting in the C -C Community Commercial, N -C Neighborhood Commercial, C/M Chapman/Mulberry, and Recreational overlay zones, as well as for large retail projects. These standards require that exterior lighting be confined to the premises, with direct light and light sources not visible from adjoining properties. Code requirements for off-street parking require that lighting be directed and maintained so as to not interfere with the use and enjoyment of property by any person. However, the current code does not contain specific standards which would address the reported instance of light trespass originating from a residential property. On December 16, 2008 the Board directed staff to identify options for preparing an interim lighting ordinance that would address such instances of light trespass. Staff has sought to address the identified issues but limit the complexity of the ordinance while broader standards are being drafted under the Butte County General Plan 2030 process. In preparing the proposed ordinance, staff reviewed ordinances from a number of jurisdictions in California, Arizona, Florida, New York, Wisconsin, Illinois, Texas, New Mexico and Idaho; as well as information published by the Dark Sky Society and the International Dark Sky Association. Feedback was also solicited from the planning directors of several California counties. Discussion An ordinance prepared to address light trespass among residential properties must also allow adequate lighting for residents' safety and well being. Thousands of lighting fixtures with a wide variety of intensities, designs and placements are located on the County's residential properties. Light from these fixtures is often visible from one property to another. The draft ordinance is intended to allow adequate lighting for safety and well being, while requiring that light fixtures be shielded, directed and located such that direct lighting is limited to the parcel of origin. Amortization can be used by local jurisdictions to phase out existing uses that pose health, safety or environmental threats. It is intended to provide a reasonable period to recoup the investment in an existing use before the use must be brought into compliance with new standards. It is most commonly used for property having relatively low value, such as signage or lighting. There is no general consensus on methods for setting amortization periods. Amortization periods for lighting fixtures among the ordinances reviewed ranged from one year for fixtures worth less than $2,000 (Fontana, Wisconsin, 2002) to five years (Bernalillo County, New Mexico, 1991; Gilpin County, Texas, 2003). It should be noted that the longer amortization periods are associated with ordinances phasing out higher -value commercial or parking -area light fixtures. Amortization periods for commercial signage in residential areas are governed by the California Business and Professions Code (Sec. 5412.1), with amortization periods ranging from two years for displays worth under $1,999 to seven years for displays worth $10,000 or more. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT -June 23, 2009 ■ Outdoor Lighting in Residential Areas■ 2of3 53 In most cases, the proposed ordinance would require the redirection, shielding, or relocation of existing lighting rather than its removal or replacement. Costs associated with redirecting residential lighting fixtures are assumed to be less than $500. Based on this assumption and the research results outlined above, staff recommends an amortization period of three months for non- conforming fixtures requiring only redirection to bring them into conformance. The cost of relocating, retro -fitting or replacing residential lighting fixtures to provide adequate shielding and limit light trespass is assumed to be less than $1,000. Based on this assumption and the research results, staff recommends an amortization period of six months in all other cases. After completion of the amortization period, enforcement of the ordinance would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code; In cases where complaints are received, violators would be notified of the violation, the specified action necessary to correct the violation, and the period of time allowed for correction.' Violations continued in disregard of such notice would be subject to fines and/or other remedies ! under the Butte County Code. In order to effectively enforce the ordinance, the County would need to make staff available during evening hours to investigate complaints. Relationship to Butte Countv General Plan 2030 A comprehensive update of the Butte County zoning code is currently underway as part of the Butte County General Plan 2030 process. The intent and general provisions of the proposed ordinance will be integrated into this comprehensive update. Staff expects that development standards limiting light trespass will be applied to a broader set of zones and land use designations than in the currently proposed ordinance. Adoption of the comprehensive zoning code update is expected in September 2010. Requested Action Provide direction to staff regarding reasonable amortization periods for outdoor lighting in residential areas, and any other matters related to a lighting ordinance as desired. i For further information regarding the proposed ordinance please contact Principal Planner Claudia Stuart at (530) 538-7604 or cstua[!@buttecounty.net. Sincere ngs, Directo �? Attachments A. Draft Ordinance — Outdoor Lighting in Residential Areas BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT uJune 23, 2009 •Outdoor Lighting in Residentlal Areas• 3of3 3 54 1 _ Ordinance No. ' 3 AN ORDINANCE ADDING SECTION: 24-241 ,=ENTITLED' OUTDOOR 4 LIGHTING IN RESIDENTIAL`,AREAS, TO ARTICLE IV OF CHAPTER`24,OF 5 THE BUTTE COUNTY CODE 6 n 7 The Board of Supervisors of the County of Butte, ordains asfAloWs: 8 Section 1: Section.241-241 is4dded to Article IV, entitled General 1560elopment �. 9 Regulations'_' of Chapter24,rentitled "Zoning , f he But e,County Code Mead'as 10 follows: 1a 11 24=241 Outdoor Lighting iii" Resident' IdNrreas 12 (a)Purpose. The purpose of this section is to min mike glare.aniobtrusive 'light in PAZq .. 13 residential areas. by limiting outdoor lighting;that is misdirected, excessive or'haiardo_ us.' 14 (b) Definitions: Thedefi ition of terms iri this sectionstiall be as follows., 15 (1). Outdoor lighting Outdoor �ght"fxtures whether permanent or portable; including an 16 eneral l fixtures' s archli hts xs otli hts °and floodli hts and the light cast b such g g g .1?� g g g Y. 17 fixtures., 18 (2) Adequately sl'ie lded e-S, hielding of a, light fixture such that light rays are limited to the 19 parcel of origin, and theaightsource`is not'visible from an adjacent property or public_ 20 right-of-way: 21 (3) Glare. Unnecessarily intense or blinding light.: 4. 22 (4) ,Light fixture. A complete lighting unit consisting of one or more`lamps,.the lamp- 23 holder, any reflector or lens, and any other.components or_ accessories. • _ 55 24 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 25 artificial light or illumination. 26 (6) Light trespass. Light falling across a property line onto an adjoining lot or parcel of 27 land or onto an adjoining public right-of-way. 28 (c) Applicability. The requirements of this section shall apply to all outdoor lighting on �� , 29 parcels zoned AR through AR -10 (Agricultural Residential); A -SR' 30 Suburban -Residential); FR -1 through FR -160 (Foothill Re -r- eat—nal); M -R (Mountain or r 31 Recreation Subdivisions -Residential); R-1 through R-4€ (Residential), R.N (Residential 32 Nonconforming); RT -1 through RT- lA (Resident aqql-Mobile Home); SR through'SR-5 y� 33 (Suburban Residential); TM -1 through TM -160 (Tiinii rr Mountain); and U L� 34 (Unclassified). This section does not as -6'1 to lighting at ublicl owned facilities � ) QP g g P Y 35 including public rights-of-way. 36 (1) New Development./ /Alln`ew,outdoor lighting fixtures,shall be installed in 37 conformance withrthis section, an t with other applicable standards and requirements. : 38 (2) Compliance with Lig htinStandards I,gh"t fixtures not meeting the standards of this 39 section; and which are�the subj complaint, shall achieve compliance in any of the 40 following ways: 41 a. Re -direction the light fixture; 42 b. Shielding of the 1 �rp; 43 c. Redesign or relocation of the light fixture; 44 d. Replacement of the light fixture with a conforming fixture; or 45 e. Removal of the light fixture. 56 57 58 59 60 61 62 63 64 65 66 Figure 1. Inadequate vs. Adequate Shielding Inadequate Adequate Fipktt Biai quant 93W dMt;§MI We S F1XUMMMJadaar•Irya M- a ,b n=ft owewWo bvom W.0totxaitmgeneresammn�pn F1! (]Roti iknaes 8 wta; eioeafteemynt. j fuN��itleeo a OoarcsnklaeO F�oocyna �F F11�j SNNded � fi002fdf ? �'' vA,vpack a wni nw�rn Fines Feaq.SNeryd1 Wl� htourR ficMeS It t OrWlem6Su94e Fktaez __.. - FIP.i 31uyRe0 fuRaes ����vu'e'R'P0.-4�--err0—OIaUIf20':t:W kM14 � +, Cy fw Cddd, 3Ue±dYJtt � e �. FWy SIx4,ri ��. j.. fknues —,e;.m fes` umh2void �� �t Seau�Br ll4nt tR4yaYleUMR O�Wla•+p Catroy,' SivaikdetkWaq�ataad f4�MardalC w" FiRhin'f OAR Ftsodi'gttb Fkt m Z�,;.Figure 2. big ;tSource N t Directly Vis ble Outside Property Perimeter Property Line I 67 (e) Exemptions. The following types of lighting are exempt from the requirements of this 68 section: 69 (1) Holiday and temporary lighting (less than thirty (30) days in any one year). W '70 (2) ;Temporary lighting used, by law, enforcement or. emergency personnel to protect life 71 or .property. 72. (f) Security lighting:, Security:lighting triggered by motion or noise-shall be permitted 73 subject to all of the provisions of this section. Sensors for such lighting shall not be 74 triggered by activity located outside"the subject property. 75 (g),Prohibited Lighting, Flashing,'.flickering, or other lighting thatdistracting-or.may be 76 confused with traffic,or emergency signals shall be prohibited y _ 77 (h) Enforcement: Any person who violates:any of the proi'sions oft shall 78 be subject to.the provisions of Chapter 41 CoddeepEnforcement Policies an&Rfoeetlures. 79 Section 2. Severability. If any provision of this-Ordi anc^br�hc& applicatioiphereof to 80 any person or circumstances is for any reason held.to be 101lid by a"court of competent - 81 jurisdiction, such provision shall be. deerftd s6erable, and the�mvalidity thereof shall not „a 82 affect the remaining provisiongor other applications of th'e Ordinance which can be given �� 83' effect without theQinvalQ-provision or application,thereof. �,: s 84. Section 3. Eff'ect�u_e.Date ifi'diiRiLibliCgtroiiiiiy Ordinance shall take effect thirty (30) , 85 days aftMer the date of�its fp�sage: Theo Clerk of the Board of Supervisors is authorized and' �Y iN� A �*ate 86 directed Qublish this ordinance before the expiration of fifteen (15) days after its 87 passage. This Ordinance sha 1 bepublished once, with the names'of the members of the 88 Board of Supervisorvoting for and against it, in the , a newspaper of 89 general circulation published in the. County 'of Butte, State of California. 90 PASSED AND ADOPTED by the Board of of the County of Butte, 91 State of California, on the day of ; 2009, by the following 92 vote: 59 ATTACHMENT D 61 1 Ordinance No. 2 3 AN ORDINANCE ADDING SECTION 24-241, ENTITLED OUTDOOR 4 LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE IV OF CHAPTER 24 OF P 5 THE BUTTE COUNTY CODE 6 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. Section 24-241 is added to Article IV, entitled "General Development 9 Regulations" of Chapter 24, entitled "Zoning", of the Butte County Code to read as 10 follows: i 11 24-241 Outdoor Lighting in Residential Areas 12 (a) Purpose. The purpose of this section is to minimize glar-e and ebtr-usive light i0 13 Fesidential areas by lifnifing eutdeeF lighting that is misdiFerated,, 14 provide minimum requirements for outdoor lighting in residential areas in order to reduce 15 light trespass and glare. and to protect the health. propertv. and well being of Butte 16 County residents and visitors. 17 (b) Definitions. The definition of terms in this section shall be as follows: 18 (1) Outdoor lighting. Outdoor light fixtures, whether permanent or portable, including 19 general light fixtures, searchlights, spotlights, and floodlights; and the light cast by such 20 fixtures. 21 (2) Adequately shielded. Shielding of a light fixture by opaque components or materials 22 such that light rays are limited to the parcel of origin, and the light source is notvisible i 23 from an -adjacent another property or public right-of-way. d 62 24 (3) -Glare. Unneeessar-ily4Intense or blinding light. 25 (4) Light fixture. A complete lighting unit consisting of one or more lamps, the lamp 26. holder, any reflector or lens, and any other components or accessories. 27 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 28 artificial light or illumination. 29 (6) Light trespass. Light falling across a property line onto an adjoining another lot or 30 parcel of land or onto an adjoining a public right-of-way. 31 (c) Applicability. 32 (1) The requirements of this section shall apply to all outdoor lighting on parcels zoned 33 AR through AR -10 (Agricultural Residential); A -SR (Agricultural Suburban 34 Residential); FRA through FR -160 (Foothill Recreational); M -R (Mountain or 35 Recreation Subdivisions -Residential); R-1 through R=4 (Residential); R -N (Residential 36 Nonconforming); RT -1 through RTAA (Residential -Mobile Home); SR through SR -5 37 (Suburban Residential); TM -1 through TM -160 (Timber Mountain); and U 38 (Unclassified). This section does not apply to lighting at publicly owned facilities, 39 including public rights-of-way. 40 (-13 (2) New Development. All new outdoor lighting fixtures shall installed after the 41 effective date of this ordinance shall be in conformance with this section, and with other 42 applicable standards and requirements. 43 (2) Gemplianee with Lighting Standar-ds. Light fixtur-es fiet meeting the -standards efthis 44 seetion, and whieh are the subjeet of a eemplaint, 45 fellewingways.: 46 a. Re dir-e.tien of the light fixtU,.o. 63 47 b. Shielding ef the lamp; 48 e. Redesign .. «ol.,eati..n of thlight fiXt ...e. 50 . 51 (3) Non-Conforming Light Fixtures. Outdoor lighting existing on the effective date of 52 this ordinance that does not meet the requirements of this section shall be brought into 53 compliance or removed as follows: 54 a. Within three (3) months of the effective date of this ordinance, where re-direction of 55 the light fixture is feasible and will bring the light fixture into compliance; or 56 b. Within six (6) months of the effective date of this ordinance, in all other cases. 57 (4) Compliance with Lighting°Standards. Liaht fixtures not meeting the standards.of tK 58 section shall be brought into compliance in any of the following ways: 59 a. Re -direction of the light fixture, 60 b. Shielding of the lames 61 c. Redesign or relocation of the light fixture; 62 d. Replacement of the light fixture with a conforming fixture; or 63 e. Removal of the light fixture. 64 (d) Standards. All outdoor li I ' A lighting in residential areas shall be located, 65 adequately shielded, and directed such that no direct light falls outside the property 66 perimeter, , or into the public right-of-way, as illustrated in 67 Figures 1 and 2. 68 69 i 70 71 72 73 74 75 Figure 1. Inadequate vs. Adequate Shielding Inadequate Drop -Lens & Sag -Lens Fixtures w/ exposed bug) / refractor lens Unshlelded Streetlight cz Unshielded 'Period' Style Adequate Fixtures Onat shield the light source to mimmize gate and fight trespass and to facilitate better vision at night Fun Cutoff Frxtures Fully Still Fully Shielded Walkway AlaflpaCk & Wall Boftards Mount Fixtures Fully Shielded Fixtures Med Full Cutoff Streelfight eFully Shielded 'PefW FJxturSX ha Fully J-IdVed.��, Shw Security Light : 4 med Flush Mounted Canopy PAR Fbodllghls Fixtures .c. Source: Dark Sky Society 65 77 78 79 S Figure 2. Light Source !Not Directly Visible Outside Property Perimeter fl 80 81>l� StWL 82 Property Line , 83 `t 84 (e) Exemptions. The following types of lighting are exempt from the requirements of this 85 section: i 86 (1) Holiday and temporary lighting (less than thirty (30) days in any one year); and 87 (2) Temporary lighting used by law enforcement or emergency personnel to..prote t life 88 or property. 89 (f) Security lighting. Security lighting triggered by motion or noise shall be permitted n. 90 subject to allot the provisionsof this section. Sensors for such lighting shall not b 91 triggered by activity located_ o utside'the subject property. 92 (g) Prohibited Lighting. Flashing, flickering, or other lighting that is distracting or may be- 93 confused with traffic.or emergency signals shall be prohibited. 94 (h) Enforcement. Any personiwho .violates any, of the provisions of this t ' 95 section shall be subject to the provisions of Chapter 41, entitled `.`Code Enforcement 96 Policies and Procedures," of this code. ` 97 Section 2. Severability. If any provision of this Ordinance or the application thereof to 11 66. 99 jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not 100 affect the remaining provisions or other applications of the Ordinance which can be given 101 effect without the invalid provision or application thereof. 102 Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) 103 days after the date of its passage. The Clerk of the Board of Supervisors is authorized and 104 directed to publish this ordinance before the expiration of fifteen (15) days after its 105 passage. This Ordinance shall be published once, with the names of the members of the 106 Board of Supervisors voting for and against it, in the , a newspaper of 107 general circulation published in the,County of Butte, State of California. 108 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, 109 State of California, on the day of , 2009, by the following . 110 vote: 111 112 AYES: 113 114 NOES: 115 116 ABSENT: 117 118 NOT VOTING: 1.19 120 121 122 123 124 ATTEST: 125 Gregory G. Iturria, 126 Interim Chief Administrative Officer 127 and Clerk of the Board 128 129 By 130 Bill Connelly, Chair of the Butte County Board of Supervisors 67 PLANNING COMMISSION POWERPOINT PRESENTATION BUTTE COUNTY 2009PLANNING COMMISSION Septem'ber 24, Project #: ZCA09*-0001 Outdoor Lighting in Residential Areas Request: Amend the zoning ordinance to more effectively implement Policies LUA. 1 a and LU 6.1a of the General Plan Owner/.Applicant : Butte County APN: Various Planner Claudia Stuart, Principal Planner • Staff recommends adoption of _the . resolution. recommending approval of Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas to the Board of Supervisors. 70 Background �.... W '� II i. l'�' �9 111• -'7' 1®1�. r \f I R .� a,® " „`°'Yfil �� s4"A° f m' 4 w- - _ - _ " ^.ten a '�..�,• t -M"-Ac . �� .. � . 'art ,.rte'"» -•• - -. .. ^. _ » w. ld s c>+ ,r a` • ate,. ,,,,{�^ r. �,� i i� � y. 1 s��, ��i <z•. -. • y�• R�,+ 1 w }r �'�s�CY r�i r� r ., M M •} .fit • � { ,� .�;.5 yry $�.�',r{•w�~*, y��.ar,.,ai'., a�4/�,� *'�: Pst s��j.rw � f, � ,a �'.. ,i i ''j e t'�i -•'+�"�'�< y'�, •y 4t+W-s5�+r "i wb .,g.'"►.•.i'. " y�1 -* f k {+.yt �Ve � •'stir i.�Y�' i•'"rv�'•►.+ 1.�.`+ K"� ! '� .r �.•,s�` a• � RFs" N � on '+^1 g��t i a ; I`. a�""P�4+ i�l�'R'LRS `•wt "� {�� ,,�5 "p i r .1 •� �. 1 r .,r U 4t 4 71 T7�'?��:.'�as+.t. •.�a;� �i�E..:� 'zi< r �. Y t;° � 1 � �,.� •j 'tit , • } ^ �►� � .S '• � h•,.- �..``� ` ,f, .�1srt 1". 's f' � !,[fir{. � ��jf i + •ti' a �� . tis 3 ` e / 7 �{ ..a ... '- C r.�.;,� a L"1, 'r '.a• •4. M . �.� ,� � I o• 'x 4. i• j _ R f, i -. ''w Z art ;fir � < f• s .g'r`it 1 ] A tv t lw��f } 1 ;fir � < f• s .g'r`it 1 -li F •Purpose —Minimize glare and light trespass —Protect the health, property, safety, well being of Butte County residents and visitors 76 Applicable Zones • Agricultural Residential (AR) Agricultural Suburban=Residential (A -SR) • Foothill Recreational (FR) Mountain or Recreation Subdivisions —Residential (M, -R) • Residential (R-1 through R-4) • Residential Non -Conforming (R -N) • Residential -Mobile Home (RT), • Suburban Residential (SR) • Timber Mountain (TM') • Unclassified (U) 77 Types of Applicable Development • New Development • Existing Development — Redirect — Shield — Re -design or relocate — Replace —Remove. ffl Light Trespass Standard • Light fixtures shall be located, shielded, and directed so that no direct light falls outside property perimeter or into -public right-of-way • Light source(bulb) not visible fr property or public right-of-way om another 79 Figure 1. Adequate vs. Inadequate Shielding Inadequate prw"'e glare 4 lk(1ShCF30ctl Y1'd11�1Ck5 � <sz ,rte: x3 : � i5 tJal�tl`�`tdkfi ttE � � `� wwrr Mount r=j*turE�s xcn+ p Or��44oas d�. Say�ien5 t?14ttu)E� %W exposed MI) I terracaor trot Adequate 1--1411r:.v #111sniela tr* 1� htwju to n-vim"Izequam w 1i9r1t *wX.s and tat Mciflote MOO viwn at ognt 5 rxl� tin CUM i 10im Ftnty �hiefpes! 0C1lards a a a�> leyl y4: f �++�'-',�' �rolyr 9nielfted �1'aistES r-u?Jy sRaluc�e bdi dk'eSsr! Siilcidud '�med Rush MMonod CanoW PAR y � � r-bdures `891'1 scam Source: Dark Sky Society Amortization Periods • 3 months —re.directio,,n.i-s feasible -and effective • 6 months - all other cases • The Board of Supervisors confirmed the recommended amortization periods at their June 23, 2009 meeting rolm • •..Staff .recommends adoption of the. LL resolution recommending approval of Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas to the Board of Supervisors. A Butte County Department of Development Services 0 %JTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o :. o Oroville, CA 95965 (530)'538-7601 Telephone covN'�y (530) 538-7785'Facsimile ' www.buttecounty.netldds www.buttegeneralplan.net ADMINISTRATION ` BUILDING * PLANNING ..MEMORANDUM - TO: Butte County Board of Supervisors FROM: Tim Snellings, Director SUBJECT: Additional Materials- for the October 27,.2009 Meeting regarding ZCA09- 0001.(Outdoor Lighting in Residential'Areas) and ZCA09-0002 (Residential Generator Noise) DATE: October 20,'2009 • f The following finalized -materials are.attached for your.consideration during review of the above zoning code amendments: 1 Signed. Planning Commission Resolution PC 09 -44, -recommending approval of Zoning Code Amendment ZCA09-0001 Outdoor Lighting in -Residential Areas 2. Signed. Planning., Commission Resolution PC 09-45, recommending approval of Zoning Code Amendment ZCA09-0002 -Residential Generator Noise 3. CD containing audio files of the Planning Commission September 24, 2009 hearings for these two zoning code amendments. Please feel free to contact me at tsnelling�buttecounty.net or (530) 538-6821, or Principal . Planner Claudia Stuart at (530) 538-7604 or cstuart_buttecounty.net with any questions or for further information. Thank you. RESOLUTION 09-44 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT ZCA09-0001 OUTDOOR LIGHTING IN RESIDENTIAL AREAS WHEREAS, on December 16, 2008 the Boardof Supervisors directed the Director .of Development Services to prepare an .ordinance providing standards limiting light trespass and glare in residential areas, in order to protect the health, safety, and well being of Butte County residents and, visitors; and WHEREAS, on June 23, 2009 the Board of Supervisors confirmed three months as a reasonable amortization period for non -conforming lighting requiring only re- direction to be brought into conformance with the proposed zoning code amendment; and six months as a reasonable amortization period for all other non -conforming lighting; and WHEREAS, the Planning Commission has considered Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, which provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare; in accordance with Chapter 24, Zoning, of the Butte County Code; and WHEREAS, Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas is exempt from review under the California Environmental Quality Act, pursuant to Section 15308 Action by Regulatory Agencies ,for Protection of the Environment, as an action to assure the peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass; and WHEREAS, a duly notified, public hearing was held on September 24, 2009; and WHEREAS, the Planning Commission has considered direction from the Board of Supervisors, public comments regarding the proposed Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors adopt Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, with the finding that the zoning code amendment is consistent with the General Plan in providing for the health, safety and well being of the County's present and future residents, by setting forth standards for the proper design and location of outdoor lighting in residential areas, in order to limit light trespass and glare. • Ice • • DULY PASSED ;AND ADOPT - this24th day of. September,,`2009;, by the. following; _...._ AYES_ MooreNelson, Vrlson,'1Vlarn NOES 'None AB;SENT;Becker` ; ABSTAIN NoneT _ �� rFernando Maim Chair Ri nn;irig-'Commission A. f: :County of Butte, State of,C,alufornia- Chuck Th;►stlethy�`aitc, .Secretary, Planning Cornmss►on a County, ofButte, State qf Calzfo�rna' 13 • RESOLUTION 09-45 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT ZCA09-0002 RESIDENTIAL GENERATOR NOISE WHEREAS, on December 16, 2008 the Board of Supervisors directed the Director of Development Services to prepare an ordinance providing standards limiting the noise produced by the operation of residential generators, in order to protect the health, safety, and well being of Butte County residents and visitors; and WHEREAS, on June, 23, 2009 the Board of Supervisors confirmed 55 decibels as an appropriate limitation for noise produced by the operation of residential generators; and WHEREAS, the Planning Commission has considered Zoning Code Amendment ZCA09-0002 Residential Generator Noise, which provides standards for the operation and, where needed; enclosure of residential generators in order to meet this noise limitation; in accordance with Chapter 24, Zoning, of the Butte County Code; and WHEREAS, Zoning Code Amendment ZCA09-0002 Residential Generator • Noise is exempt from review under the California Environmental Quality Act, pursuant to Section 15308 Action by Regulatory Agencies for Protection of the Environment, as an action to assure the peaceable and safe enjoyment and use of property without the noise produced by the operation of residential generators; and; WHEREAS, a duly notified public hearing was held on September 24, 2009; and WHEREAS, the Planning Commission has considered direction from the Board of Supervisors, public comments regarding the proposed Zoning Code Amendment ZCA09-0002 Residential Generator Noise, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors adopt Zoning_ Code Amendment ZCA09-0002 Residential Generator Noise, with the finding that the zoning code amendment is consistent with the General Plan in: I. Providing for the health, safety and well being of the County's present and future residents, by setting forth standards for the proper operation and, where needed, enclosure of residential generators; and II. Contributing to the maintenance of an acceptable noise environment in all areas of the County, by setting a standard limiting the noise produced by residential generators. 10 p BE IT FURTHER RESOLVED, that the Planning Commission reeornrnends to .the` ` Board of ;Supervisor-fttl. a Nose Qrdin'arice be, :prepared as; part of the Butte County General Plan 2030 process } QU:LY ,P. ASSE® ANLs ADAPTED this 24th' day of September, 2009, by the following; . vo"te; i AYES Ivloore,`Nelson, W�1son,:lvlanr A$SENT.Becker` � • ABSTAIN - .;Fernando Marin Charr t ;Planning •Cor"rimissior% • County, of,Butte, State of California Chuck Thrsir Nw— atte, Secretary Planrnng Commission: - County of�Butte; State �f Cal'ifornia I! S tI it k1 q NOTICE OF THE BUTTE COUNTY BOARD OF SUPERVISORS INTENTION TO ADOPT AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE REGARDING j LIGHTING STAN OUTDOOR LIGHTING IN RESIDENTIAL ZON€sSAREAS AND SUMMARY OF PROPOSED ORDINANCE Notice (pursuant to Government Code Section 25124(b)(1)) is hereby given that the Butte County Board of Supervisors intends to adopt a proposed ordinance''amending Chapter 24 of the Butte County Code by adding section 24-241 regarding Outdoor Lighting StandaFds-in Rfesidential zeeesAreas..The proposed ordinance will be considered for adoption by the Board at a public hearing on October 27,-2009 at A copy of the full text of the proposed ordinance is available for public viewing in the Office of the Clerk of the Board at 25 County Center Drive, Oroville,4,California, Monday through Friday, 8:00a.m. to 5:00 P.M. P it The following is a summary of the proposed ordinance: The ordinance establishes standards for outdoor lighting in order to prevent direct light from shining onto adjoining properties. The standards apply to the following zones: AR (Agricultural Residential); A -SR (Mountain or Recreation Subdivisions -Residential), R (Residential);, R -N (Residential Nonconforming), RT (Residential -Mobile Home), SR - (Suburban Residential), TM (Timber Mountain) and U (Unclassified).T4}e- The ordinance requires all new outdoor lighting to conform to the standards, and it requires all existing outdoor fighting to be brought into conformity with ,the standards either by modifying the outdoor lighting to prevent light from shining onto -adjoining properties or by replacing or removing the outdoor lighting. Existing outdoor lighting must be brought into conformity with the standards within three to six months after adoption of the ordinance. The standards are illustrated by two figures showing: inadequate versus adequate shielding of outdoor lighting; and pfg how light may be prevented from shining onto adjoining properties:r The ordinance will be enforced through'the County's Code Enforcement under the California Environmental Quality AstAct (CEQA) pursuant to Section 15308 of the CEQA Guidelines (Action Taken by Regulatory Agencies for Protection of the Environment). Comments may be submitted in writing at any time prior to, the hearing or orally at the meeting listed above or as may be continued to a later date. For information call or send an email - to,' Claudia Stuart, Principal Planner, (530)' 538-7604 or cstuart_buttecounty.net. a 2 NOTICE OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTION OF AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE REGARDING OUTDOOR LIGHTING IN RESIDENTIAL ZONESAREAS AND SUMMARY OF THE ORDINANCE Notice (pursuant to Government Code Section 25124(b)(1)) is hereby given that the Butte County Board of Supervisors adopted an ordinance amending Chapter 24 of the. Butte County Code by adding section 24-241, regarding Outdoor Lighting Standards in Rresidential zexesAreas. The new ordinance (No. ) was .adopted by the .Board on October 27, 2009. A copy of the full text 'of the pioposed ordinance has been available for public viewing in the ,Office of the Clerk of the Board at 25 County Center Drive, Oroville, California; since October _, 2009. The following is a summary of the ordinance: The ordinance establishes standards for outdoor lighting in order to prevent direct light, from shining onto adjoining properties. The standards apply to the following zones: AR (Agricultural Residential), A=SR (Agricultural Suburban -Residential), FR (Foothill Recreational), M -R, (Mountain or. Recreation Subdivisions - Residential), R (Residential), R -N (Residential Nonconforming), RT (Residential - Mobile Home), SR (Suburban Residential), TM (Timber Mountain) and U (Unclassifie,)The standards apply to. outdoor- lighting en r-esidefAially zen pfeper4ies: The ordinance requires all new outdoor lighting to conform to the standards, and it requires all existing outdoor lighting to be brought into conformity with the standards either by modifying the outdoor lighting to prevent light from shining. onto adjoining properties or by replacing or removing the outdoor lighting. -Existing outdoor lighting must be brought into conformity with the standards within.three to..six months after, adoption. of the ordinance.; The.. standards are illustrated by two figures showing: inadequate versus adequate shielding of outdoor lighting; and phow light may be prevented from shining onto adjoining properties. The ordinance will be enforced through the Coun 's Code Enforcement Process. `3 �Ca M N1�1� S :. , Zone Date: N/A B: Draft ZCA09=0001 Outdoor Lighting in Residential Areas C: Staff Report to the Board of ■ BUTFE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ September 24, 2009,. ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page l of 6 ■ BUTTE COUNTYPLANNING COMMISSION AGENDA REPORT September.24, 2009 Applicant: County of Butte Location: Various File #: ZCA09-0001 Outdoor Lighting in. ParcelSize• Various Residential Areas Request: -Amend the zoning ordinance -to Supervisor All more effect-wely implement Districts: Policies LU -1.1 A and LU 6. la of the GeneralPlan. G.P.: Various. Planner: Claudia Stuart Principal Planner (530) 538-7604 Zoning: AR through.AR710 (Agricultural Attachments: Residenfial ,A -SR (Agricultural Suburban- A: Resolution recommending Residential)t approval of Zoning Code Amendment ZCA09-0001 FR -l. through. FR-160'(Foothill Outdoor Lighting in Residential Recreational); Areas to the Board of 1v1 -R (Mou'main or Recreation Supervisors Subdivisions: Residential); -R-1 through R-4 .(Residential); R -N (Residential Nonconfornnng); RT -1 throug=z RT -1 A (Residential -Mobile Home); SR through SR=5 (Suburban' Residential); TM -1 through TM460 (Timber Mountain);, and U (Unclassified). Zone Date: N/A B: Draft ZCA09=0001 Outdoor Lighting in Residential Areas C: Staff Report to the Board of ■ BUTFE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ September 24, 2009,. ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page l of 6 ■ J iiI, I. Supervisors dated Juni 23, 2009 D: Changes to the June 239 2009 preliminary draft ordinance (underline/strikeout version) ■ BUTTE COUNTY PLANNING CONMISSION AGENDA REPORT■ ■ September 24, 2.009 . ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 2 of 6 ■ 2 SUMMARY The County is proposing a revision to Chapter 24 of the Butte County Code during the preparation of a comprehensive update to the code as part of the Butte County General Plan 2030 process. The proposed revision provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare. It requires that light fixtures be shielded, directed, and located such that direct light is limited to the parcel of origin. An amortization period of three months is allowed for existing lighting that requires only re- direction to be brought into conformance. A six-month amortization.period is allowed in. all other cases. After completion of the. amortization period, enforcement would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code. =RECOMMENDATION Staff recommends adoption of the resolution recommending approval of Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas (Attachment A) to the Board of Supervisors. PROJECT DESCRIPTION Backtround Light trespass is generally defined as direct light falling across a property line onto another parcel or public right-of-way. In March 2008 the Department of Development Services received a report of persistent light trespass from a County resident in the Chico area. Both the source and affected properties are located in the County's jurisdiction within the City of Chico Sphere of Influence. Both properties are located within the AR (Agricultural Residential) General Plan land use designation, and are zoned A=R (Agricultural -Residential). The report described light trespass originating from fixtures on a neighboring parcel. It noted that the light trespass disturbed the complainant's sleep and use of property, and potentially affected the health of the complainant's livestock. The report further expressed concern regarding the effects of the light on wildlife, and public uses (including an observatory) in the adjacent city park. Staff conducted two site visits in March 2008 and observed direct light cast across the complainant's home and property by the neighboring lighting installations. The subject light fixtures are high-intensity, located close to the affected property along the neighboring driveway, placed relatively high, and lack adequate shielding to control the casting of direct light onto the complainant's property. The current Butte County Code includes standards for lighting in the C -C Community Commercial, N=C Neighborhood Commercial, C/M Chapman/Mulberry, and Recreational overlay zones, as well as for large retail projects. These standards require that exterior lighting be confined to the premises, with direct light and'light sources not visible from adjoining properties. Code requirements for off-street parking require that lighting be directed and maintained so as to ■ BUTTE COUNTY PLANNING CONIlVIISSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 3 of 6 ■ 3 not interfere with the use and enjoyment -of property by any person. However, the current code does not contain specific standards which would address the reported instance of light trespass originating from a residential property. The proposed zoning code amendment (Attachment B) was prepared after direction from the Board of Supervisors on December 16, 2008. The Board directed staff to develop standards to limit light trespass in residential areas. Discussion Staff has sought to address the identified issues but limit the complexity of the ordinance while broader standards are being drafted under the Butte County General Plan 2030 process. In preparing the proposed ordinance; staff reviewed ordinances from a number of jurisdictions in California, Arizona, Florida, New York, Wisconsin, Illinois, Texas, New Mexico and Idaho; as well as information published by the Dark Sky Society and the International ` Dark Sky Association. Feedback was also solicited from the planning directors of several California counties. The draft ordinance is intended to allow adequate lighting for safety and well being, while requiring that light fixtures be shielded, directed and located such that direct light is limited to the parcel of origin. An amortization period is provided to allow a reasonable amount of time to recoup the investment in existing lighting before it must be brought into compliance.: Consistent with staff research, the proposed zoning code amendment provides a three-month amortization period for non -conforming fixtures requiring only re -direction to bring them into conformance. A six-month amortization period is provided in all other cases. After completion of these amortization periods, enforcement would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County (See Attachment C for the June 23,'!2009 staff report to the Board of Supervisors.) At its June 23, 2009 meeting, the Board of Supervisors confirmed the proposed amortization periods (Attachment C), and suggested several other changes. Additional refinements have been made after further staff review and in coordination with County Counsel. The changes` are shown in underline (additions) and strikeout (deletions) in Attachment D. CONFORMANCE WITH THE GENERAL PLAN Land Use Element The Land Use Element (adopted 1979, multiple revisions through 2009) of the existing Butte County General Plan sets forth the County's direction regarding land use and development, including the following policy: 1. La. Provide for the health, safety and well-being of the County's present and future residents. The proposed zoning code amendment is consistent with Policy LU -1.1.a in providing minimum requirements for outdoor lighting fixtures in residential areas, in order to reduce light trespass and glare, and protect the health, property, and well being of Butte County residents and visitors. ■ BUTTE COUNTY PLANNING CONMSSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 4 of 6 ■ 4 The Land Use Element further describes measures that can be taken to minimize objectionable uses, specifically by location and . design measures, and sets forth relevant • direction in Policy 6. La.: The relatively low intensity of land use. in much of the County has created a generally safe and pleasant living and working environment. Many types of land use, especially some commercialand industrial activities; can be detrimental to the health and safety or nearby residents and workers. However, the blighting effects of many "objectionable" uses can be minimized by requiring suitable locations and mitigating design measures. 6. La.. Maintain public, health and safety by requiring proper location and design for uses with offensive odors, dust, smoke, light, traffic, vibration, explosives, pollutants, insects and similar blighting influences. The proposed zoning code amendment is consistent with Policy LU -6.1.a., in providing design requirements. for outdoorlighting in residential areas in order to protect the health, property, and well being of Butte County residents and visitors. RELATIONSHIP TO BUTTE COUNTY GENERAL PLAN 2030 A comprehensive update of the Butte County zoning code is currently underway as part of the Butte County General Plan 2030 process. The Conservation and Open Space Element of draft Butte County General Plan 2030 includes the following goal and policy: Goal COS-1.7.Maintain and enhance the quality of.Butte County's scenic and visual resources. COS -P17.3 Light fixtures shall be designed and sited so as to minimize light pollution, -glare and light trespass into adjoining properties. Staff expects that the intent and purpose of the currently proposed zoning code amendment will be incorporated into the comprehensive zoning code update pursuant to this draft goal and policy. Adoption of Butte County General Plan 2030 and the comprehensive zoning code update is scheduled for September 2010. PUBLIC CONTACT AND COMMENTS Public comments in support of standards for outdoor lighting in residential areas were received at the Board's December 16, 2008 and June 23, 2009 meetings. The proposed zoning codeamendment was also reviewed with the Users Group on July 29, 2009. A number of participants opposed the draft ordinance. These participants expressed the belief that lighting nuisances should be addressed as civil matters rather than by local ordinance. ■ BUT COUNTY PLANNING COMNIISSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■Page 5of6■ . 5 0 Comments also noted challenges 'in :enforcement, including lack of staff or funding' resources. However, several participants also acknowledged the potential impacts of light trespass and glare on community well being. Notice of the Planning Commission public hearing was provided consistent with Section 24- 25.25 (Public hearing for zoning amendments) of the Butte County Code. ENVIRONMENTAL REVIEW The proposed zoning code amendment is exempt from further review under the: California Environmental Quality Act (CEQA) under Section 15308 Action by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance, restoration, enhancement, or, protection of the environment where the regulatory process involves procedures for protectyon of the environment. The proposed zoning code amendment is such an action to assure the peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass. The Planning Commission will be making a recommendation to the Board of Supervisors regarding the proposed zoning code amendment ZCA09-0001 Outdoor Lighting in Residential Areas. If the Commission makes a recommendation, staff expects to schedule the Board of Supervisors' public hearing on October 27, 2009. Oral or written testimony given during the Planning Commission meeting will be included in the materials for the Board's consideration. 1 ■ BUTTE COUNTY PLANNING CONWISSION AGENDA REPORT■ ■ September 24, 2009 ■ ZCA09-0001 Outdoor Lighting in Residential Areas ■ ■ Page 6 of 6 ■ 6 7 s RESOLUTION 09- 0 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT ZCA09-0001 OUTDOOR LIGHTING IN RESIDENTIAL AREAS WHEREAS, on December 16, 2008 the Board of Supervisors directed the Director of Development Services to prepare an ordinance providing standards limiting light trespass and glare in residential areas, in order to protect the health, safety, and well being of Butte County residents and visitors; and WHEREAS, on June 23, 2009 the Board of Supervisors confirmed three months as a reasonable amortization period for non -conforming lighting requiring only re- direction to be brought into conformance with the proposed zoning code amendment; and six months as a reasonable amortization period for all other non -conforming lighting; and WHEREAS, the Planning Commission has considered Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, which provides standards for the design and location of outdoor lighting in residential areas in order to limit light trespass and glare; in accordance with Chapter 24, Zoning, of the Butte County Code; and WHEREAS, Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas is exempt from review under the California Environmental Quality Act, pursuant to Section 15308 Action by Regulatory Agencies for Protection of the Environment, as an action to assure the peaceable and safe enjoyment and use of property without the direct light and glare caused by light trespass; and WHEREAS, a duly notified public hearing was held on September 24, 2009; and WHEREAS, the Planning Commission has considered direction from the Board of Supervisors, public comments regarding the proposed Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors adopt Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas, with the finding that the zoning code amendment is consistent with the General Plan in providing for the health, safety and well being of the County's present and future residents, by setting forth standards for the proper design and location of outdoor lighting in residential areas, in order to limit light trespass and glare. 0 r DULY PASSED AND ADOPTED this 24th .day of September, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Fernando Marin — Chair Planning Commission County of Butte, State of California ATTEST: Chuck Thistlethwaite, Secretary Planning Commission County of Butte, State of California E ATTACHMENT B 10 r 1 Ordinance No. 2 3 AN ORDINANCE ADDINGGSECTION 24-241 , `ENTITLED OUTDOOR 4 LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE :IV OF CHAPTER 24' OF 5 THE ,BUTTE COUNTY CODE 6 7 The Boardof'Supervisors of the County of Butte ordains as follows: 8 Section 1. Section 24-241:is added to;Article. IV, entitled "General Development 9. Regulations" of Chapter 24, entitled "Zoning", of the Butte County Code to read as 10 follows: 1.1 24 -241 -Outdoor Lighting in Residential Areas 12 (a) Purpose. .The purpose ofthis.section is to_provideminimum-requirementsfor outdoor 13 lighting in residential areas. in order to, reduce light trespass and glare, and to protect the .14 health,. property, and well being of Butte County residents and visitors: 15 (b) Definitions. The definition of terms in this section shall be as follows: ,16' (1) Outdoor lighting. Outdoor light fixtures, whether permanent or portable, including 17 general light fixtures; searchlights, spotlights; and floodlights; and the light cast by such 18 fixtures. 19 (2) Adequately shielded. Shielding I f a light`fixture by opaque components or materials, 20 such that light rays are limited to the parcel of origin, and, the light source is not visible 21 from another property or public righi-of--way. 22 (3) Glare. Intense or blinding light. 23 (4) Light fixture. A complete lighting unit consisting of one or more lamps, the lamp 24 holder, any reflector or lens, and any other components or accessories. 25 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 26 artificial light or illumination: 27 (6) Light trespass. Light falling across a property line onto another lot or parcel of land or 28 onto a public right-of-way. 29 (c) Applicability. 30 (1) The requirements of this section shall apply to all outdoor lighting on parcels;;zoned 31 AR through AR=10 (Agricultural Residential); A -SR (Agricultural Suburban - 32 Residential); FR -1 through FR -160 (Foothill Recreational); M -R (Mountain or 33 Recreation Subdivisions -Residential); R-1 through R-4 (Residential); R -N (Residential 34 Nonconforming); RT -I through RT -IA (Residential -Mobile Home); SR through SR -5 35 (Suburban Residential); TM;;1 through TM -160 (Timber Mountain); and U 36 (Unclassified). This section does not apply to lighting at publicly owned facilities, 37 including public rights-of-way. S 38 (2) New Development. All outdoor lighting installed after the effective date of this 39 ordinance shall be in conformance with this section, and with other applicable standards 40 and requirements. 41 (3) Non -Conforming Light Fixtures. Outdoor lighting existing on the effective date of 42 this ordinance that does not meet the requirements of this section shall be brought into 43 compliance or removed as follows: c 44 a. Within three (3) months of the effective date of this ordinance, where re -direction of 45 . the light fixture is feasible and will bring the light fixture into compliance; or 1.2 46 ..b. Within six (6) months.-of.the effective date of this ordinance, in.all other.cases. 47 (4) Compliance .with Lighting Standards. Light fixtures not meeting the standards of this 48 section shall be brought into compliance in any of the,following ways: . 1 49 a. Re -direction of the light fixture; 50 b. Shielding of the lamp; 51 c. Redesign or relocation of the light fixture; 52 d.'Replacement of the light fixture with a conforming fixture; or 53 e. Removal of the light fixture. 54 (d) Standards. Alloutdoorlighting in residential areas shall be located, adequately 55 shielded, and directed,, such that no direct light falls outside the property perimeter, or into 56 the public right-of-way; as illustrated in Figures l and -2. 57 ..58 i ° t 59 .2 61 62 63 64 -Figure 1. Inadequate vs. Adequate Shielding. Inadequate Adequate f Fixtures that produce glare and"light trespass Fixtures that shield the light source to minimize glare and tight trespass and to facilitate better vision at night 0 ley OW 0-7 , it Full Cutoff Fixtures UnsnieldeA.FlooNignts y • or Poorly-stilelded;Floodiights fuw� leldetl kw Ful 80118 Shielded • i . td r c Y... VJaI acfc xt Watl Mount Fixtures 1 � � W �. — ... fir..:. °�i �: � � . • ��+C r _x °Q • lhuhieldetl Wall s ,. �' - er �W s. & Unsnteltletl oar ... aamm (�a.: Poony-sntettleC iwr� Matmt Fixtures a ?: �'? i• 11 Drop -Lens & Sag -Lens Shielded Furfuresens Fixtures � tj � w/ exposed bulb f retractor seas n Unshlelded Streetlight Full Cutoff StreeWght Fully Shielded Unshielded_ 'Per'PerioderStyle E, . . r. _ 'Period' Style - ' , - . n Fixtures .{- - - Fixtures +• - .. L . 4,ha UnshieldedFullySNSeco LI tSeco _ -iT irx" y Unshielded PARy, Orop�Lens Canopy Shielded! Propertyalmetl Flush Mounted Canopy - FloodlightsFixtures PAR Floodlights• ._c , - Flxtur} Source: Dark Sky Society 14 A 65 . 66 67 - 68 { 1 t Figure 2. Light Source Not Directly Visible 'Outside Property Perimeter 69 70 71: Property, Line; F 72 .. a . 73 (e) :Exemptions. The following types hof lighting are exempt from the requirements of this. 74 section: 75 (1) Holiday,and'temporary lighting (less-than'thirty,(30) days in any one,year) arid.' "76 ° (2) Temporary lighting=used by law :enforcement or emergency personnel to protect life, 77 , or..property. ^� 78 (f) Security lighting. Security lighting triggered by motion or noise shall bepermitted 79; subject to all of the provisions of this section. Sensors for such lighting shall- not be 80 triggered by activity located outside the subject, property. r S1 (g) Prohibited Lighting. Flashing, flickering,.or other lighting that is distracting or may be y -82 °confused"with traffic or emergency signals shall be prohibited. °83 (h) Enforcement. -Any person who violates any of theprovisions of this section shall be " 84 subject to the provisions" of Chapter 41, entitled "Code Enforcement Policies and 85 Procedures," of this code. 4 ;86 Section 2. Severability.:Ifdny provision of this. Ordinance or the application thereof to 87: any person or circumstances is for any reason held to be invalid by a court of competent 15 88 jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not 89 affect the remaining provisions or other applications of the Ordinance which can be:given 90 effect without the invalid provision or application thereof. 91 Section 3. Effective Date and'Publication. This Ordinance shall take effect thirty (30) 92 days after the date of its passage. The Clerk of the Board of Supervisors is authorized and 93 directed to publish this ordinance before the expiration of fifteen (15) days after its 94 passage. This Ordinance shall be published once, with the names of the members of the 95 Board of Supervisors voting for and against it, in the , a newspaper of 96 general circulation published in the County of Butte, State of California. M 98 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 PASSED. AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the day of , 2009, by the following vote: i AYES: 1. NOES: ABSENT: NOT VOTING: ATTEST: Gregory G. Iturria, Interim Chief Administrative Officer and Clerk of the Board By Bill Connelly, Chair of the Butte County Board of Supervisors 16 • 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecou nty.neVdds www.buffeaeneralt)lan.net ADMINISTRATION * BUILDING * PLANNING it June 23, 2009 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 SUBJECT: DRAFT ORDINANCE OUTDOOR LIGHTING IN RESIDENTIAL A Recommendation Staff requests that the Board of Supervisors: 1. Provide staff with direction regarding reasonable amortization periods for fixtures in residential areas; and. 2. Review the proposed ordinance and provide additional comments as Proiect Summary lighting Pursuant to the Board's direction, on December 16, 2008 staff has prepared a draft ordinance (Attachment A) to address light trespass in residential areas. Light trespass is generally defined as unwanted direct light falling across a property line onto an adjoining parcel or public right-of- way. Background In March 2008 the Department of Development Services received a report of persistent light 11 trespass from a County resident in the Chico area. Both the source and affected properties are located in the County's jurisdiction within the City of Chico Sphere of Influence. Both 'properties are located within the AR (Agricultural Residential) General Plan land use designation, and are zoned A -R (Agricultural -Residential). I BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT June 23, 2009 ■ Outdoor Lighting in Residential Areas■ 1 of 3 18 0' The report described light trespass originating from fixtures on a neighboring parcel. It noted that the light trespass disturbed an adjacent _resident's sleep and use and enjoyment of property, and potentially affected the health of the resident and the resident's livestock. The report further expressed concern regarding the effects of the. light on wildlife and public uses (including an observatory) in the adjacent city park. Staff conducted two site visits in March 2008 and observed direct light cast across the complainant's home and property by the neighboring lighting. installations. The subject light fixtures are high-intensity; located close to the affected property along the neighboring driveway, placed relatively high, and lack adequate shielding to control the casting of direct light onto the complainant's property. The current Butte County Code includes standards for lighting in the C -C Community Commercial, N -C Neighborhood Commercial, C/M Chapman/Mulberry, and Recreational overlay zones, as well as for large retail projects. These standards require that exterior lighting be confined to the premises, with direct light and light sources not visible from adjoining properties. Code requirements for off-street parking require that lighting be directed and maintained so as to not interfere with the use and enjoyment of property by any person. However, the current code does not contain specific standards which would address the reported instance of light trespass originating from a residential property. On December 16, 2008 the Board directed staff to identify options for preparing an interim lighting ordinance that would address such instances of light trespass. Staff has sought to address the identified issues but limit the complexity of the ordinance while broader standards are being drafted under the Butte County General Plan 2030 process. In preparing the proposed ordinance, staff reviewed ordinances from a number of jurisdictions in California, Arizona, Florida, New York, Wisconsin, Illinois, Texas, New Mexico and Idaho; as well as information published by the Dark Sky Society and the International Dark Sky Association. Feedback was also solicited from the planning directors of several California counties. Discussion An ordinance prepared to address light trespass among residential properties must also allow adequate lighting for residents' safety and well being. Thousands of lighting fixtures with a wide variety of intensities, designs and placements are located on the County's residential properties. Light from these fixtures is often visible from one property to another. The draft ordinance is intended to allow adequate lighting for safety and well being, while requiring that light fixtures be shielded, directed and located such that direct lighting is limited to the parcel of origin. Amortization can be used by local jurisdictions to phase out existing uses that pose health, safety or. environmental threats. It is intended to provide a reasonable period to recoup the investment in an existing use before the use must be brought into compliance with new standards. It is most commonly used for property having relatively low value, such as signage or lighting. There is no general consensus on methods for setting amortization periods. Amortization periods for lighting fixtures among the ordinances reviewedranged from one year for fixtures worth less than $2,000 (Fontana, .Wisconsin, 2002) to five years (Bernalillo County, New Mexico, 1991; Gilpin County, Texas, 2003). It should be noted that the longer amortization periods are associated with ordinances phasing out higher -value commercial or parking -area light fixtures. Amortization periods for commercial signage in residential areas are governed by the California Business and Professions Code (Sec. 5412.1), with amortization periods ranging from two years for displays worth under $1,999 to seven years for displays worth $10,000 or more. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT ■June 23, 2009 ■ Outdoor Lighting in Residential Areas■ 2of3 19 In most cases, the proposed ordinance would require the redirection, shielding, or relocation of existing lighting rather than its removal or replacement. Costs associated with [ redirecting residential lighting fixtures are assumed to be less than $500. Based on this assumption and the research results outlined above, staff recommends an amortization period of three months for non- conforming fixtures requiring only redirection to bring them into conformance. The cost of relocating, retro -fitting or replacing residential lighting fixtures to provide adequate shielding and limit light trespass is assumed to be less than $1,000. Based on this assumption and the research results, staff recommends an amortization period of six months in all other cases. { i After completion of the amortization period, enforcement of the ordinance would followi procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code. In cases where complaints are received, violators would be notified of the violation, the specified action necessary to correct the violation, and the period of time allowed for correction: Violations continued in disregard of such notice would be subject to fines and/or other remedies under the Butte County Code. In order to effectively enforce the ordinance, the County would need to make staff available during evening flours to investigate complaints. Relationship to Butte County General Plan 2030 F A comprehensive update of the Butte County zoning code is currently underway as part of the Butte County General Plan 2030 process. The intent and general provisions of the proposed ordinance will be integrated into this comprehensive update. Staff expects that development standards limiting light trespass will be applied to a broader set of zones and land use designations than in the currently proposed ordinance. Adoption of the comprehensive zoning code update is expected in September 2010. Requested Action Provide direction to staff regarding reasonable amortization periods for outdoor lighting in residential areas, and any other matters related to a lighting ordinance as desired. For further information regarding the proposed ordinance please contact Principal Planner Claudia Stuart at (530) 538-7604 or cstuart .buttecounty.net. a Sincere y, Tim Snellings, Directo t �� Attachments A. Draft Ordinance — Outdoor Lighting in Residential Areas ,I BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT ■June 23, ,2009.Outdoor Lighting in Residentlal Areas• 3of3 320 Ordinance'No. ' 2 „ 3, AN ORDINANCE ADDING,SECTION 2472411, ENTITLED OUTDOOR 4 LIGHTING IN RESIDENTIAL .AREAS, .TO ARTICLE IV :OF CHAPTER 24 Of 5 THE,BUTTK COUNTY, CODE " 6 7 The Board of Supervisors of the County of Butte ordains 8 ws: ` 8 Section J. Section24-241 is,added to Article IV, entitled &ner D elopment -: 9 Regulations" of Chapter. 24,.entitled "Zoning" Afthe.Butte County Code to ead'as 10 follows: # _ 11 24-241 Outdoor Lighting in ResidentitalAreas ' 12 (a) Purpose. The purpohe ofthis section is�to mmimie glare arid obtrusive light in 13 residential areas' by,linr itogML&tdoor lighting�that is misdirected, excessive or hazardous. 14 (b) Definitions. Thedhil3ition ofterms in this section shall be as follows; 15 (1) Outdoor lighhrig. Out oorlight fxturwhether permanent or portable, including 16 ht fixtures, �sahh.s otl hts; and floodlights;. and the light cast'by such 17 fixtures 18 (2) Adequately sl ldec. St% elding of a light fixture such that light rays are:limited to the 19 parcel of origin, ander` a light source: is not-vi.sible from an adjacerit property or'public 20 . right-of-way. 21 (3) Glare. Unnecessarily intense or blinding light.' '22 (4) Light fixture. A complete lighting unit consisting of one or,niore lamps, the lamp 23 holder, any reflector of 1., -.ns, and any other components or accessories. �. F 21 24 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 25 artificial light or illumination. a 26 (6) Light trespass. Light falling across a property line onto an adjoining lot or parcel of 27 land or onto an adjoining public right-of-way. 28 (c) Applicability. The requirements of this section shall apply to all outdoor lighting on 29 parcels zoned AR through AR -10 (Agricultural Residential); A,�S,WAgricultural �r 30 Suburban -Residential); FR -1 through FR -160 (Foothill Recrreerfional); M -R (Mountain or 31 Recreation Subdivisions Residential); 'R-1 through R 4 ( esidential), ,,,,,.N (Residential 32 Nonconforming); RT -I through RT -IA (Resid -Mobile Home); SR throng If SR -5 33 (Suburban Residential); TM -1 through TM -160 (Timbers . ` ountain); and U 34 (Unclassified). This section does not app lighting at publicly owned facilities,, 35 including public rights-of-way. la 36 (1) New Development. -31.n'ewoutdoor li fmg fixture-" shall be installed in 37 conformance with ythisase,ction, a d with other applicable standards and requirements. . M 38 (2) Compliance vuith Lighting Standards dig t fixtures not meeting the standards of this 39 sectio ;and which aubs ctofa complaint, shall achieve compliance in any of the f 40 followi _s: 41 a. Re -direction oWlight.,fixture; 42 b. Shielding of the lap; 43 c. Redesign or relocation of the light fixture; 44 d. Replacement of the light fixture with a conforming fixture; or 45 e. Removal of the light fixture. .22 .46 (3),'Non-Conforming Li ht'Fixtures. -Outdoor li'hting-.existing on the effective date of 47 this ordinance that does not .meet ,the requirements of this section shall be brought. into 48 compliance or removed as follows: 49. a. Within three (3)'months of the effective date of this ordinance, where re -direction of he light fixture is feasible And will bring the light fixture into compliance; or 5.0 r 51 b. Within six (6�P H all ther cases. ) months ofthe effective date. of this ordin -Wancez"M WS ' (d) Standards. All outdoor light fixtures in area' Is arl 52 M, be located, adequately rect light falls outs!( y53. shielded, and directed su6h�tfiat no*di IeNhe propiperimeter, Onto AP 71 0" 54 an adjoining parcel or lot, or into the public right f -way, as illustrated in U", I and 55 2. IrS -516, RIM SM. 23 57 Figure 1. Inadequate vs. Adequate Shielding 58 Inadequate Adequate 5zuxes�prc4uce ¢,re siw gryu oesaass p�aues0a�snrNotne tipra�rrra nvM,i¢tAKe nna uptu CesA�s !f ,f �, nramcwumee�rvamamm�t g �/ � .� Feecxnonfamaes WdWOM FkIWV h Of ppp{y3nxNC`p FbpaignG Fuy aN'dEetl `+. FuR�3teklCeO K.w� BaW� T iYJll0.tdt b wn. olkli "M W PopiN•Shte.M,O WieA Fberll Fi+�ts - Y W WLtiK b 5a9�e.'m P4tuE: :r..l./ " 11Ey 9iMyCeO FlvlaGs w e+ePae<M OewercOrv�or kns � _.. UeK➢Mkkd Spttt&flt Fe! pQq; 37ad[N FemY 5 C lVW 6b) 'Pc+WlfSlylC G� G4Nl5 i�w`�s SGt6Uy 11�K j thrZWOM FA R h t� gihF10.`d/Roppry uncd FMfJeMwMCO (wneVi' 59 60 61 62 63 64 65 Figure 2. I�igtit.Source Not Directly Visible Outside Property Perimeter 0 Property Line I 67 (e) Exemptions. The following types of lighting are exempt from the requirements of this 68 section: 69 (1) Holiday and temporary lighting (less than thirty (30) days in any one year). 24 70 (2) Temporary lighting used by law_enforcement or emergency_ personnel to protect life 7.1 or_property. 72 (f) Security lighting, Security lighting triggered.by�motion or noise shall be permitted 73. subject to all of theprovisions of this section: Sensors for such lighting shall not be 74 triggered by activity'located outside. the subject property. 75 (g) Prohibited'Lighting. Flashing, flickering, or other lighting thatANdistracting or may be ; 76 confused with traffic or'emergency signals shall be prohibited 77 (h) Enforcement. Any person who violates 'any of theNNprovi$ions of the ordinance shall .. `� 78 be subject to the provisions of Chapter 41 CodeN forcement Policies and�r ;ce2lures. 79 Section 2. Severability. If any'provitsion of this OrdiiMc, r' the application thereof to 80 any person or circumstances -is for any reason held to be ifi, lid -by a court of competent 81 jurisdiction, such provision shall be deemed se er '151e, and the ffivalidity thereof shall not 82 affect the: remaining provision or other appli ations oft" Ordinance which can be. given 83 effect without the�in0l3 _ provi ion or applicay'On,.,,hereof. �,;= ` -84 . Section 3. f%ctiv f ate andSPublicat'ion is Ordinance shall take effect thirty (30) Ma a r. AR R 85 days after the `date of rtsrpassage The Clerk of the Board of Supervisors is authorized and 86 directed to publish this or mance-before the expiration of fifteen (15) ;days after its - *5 87 • passage. This Ord_ihance sRI be published once, with the names of the members of the, :T v , --88 Board of Supervisor voting for And, against it,,in the , a newspaper of 89 general circulation published in the County of Butte, State of California. :90 PASSED AND, ADOPTED by, the Board of Supervisors of the County of Butte,. 91 State of California, on'the day of . 2009, by the following 92 vote: F 25 93 94 AYES: 95 96 NOES: 97 98 ABSENT: 99 100 NOT VOTING: 101 102 103 104 105 106 ATTEST: 107 Gre 108 Inte 109 and 110 111 By 112 • 0 Bill ConnellyChair of the Butte County Board of Supervisors 26 i 1 Ordinance No. 2 3 AN ORDINANCE ADDING SECTION 24-241, ENTITLED OUTDOOR ii 4 LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE IV OF CHAPTER 14 OF 5 THE BUTTE COUNTY CODE 6 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. Section 24-241 is added to Article IV, entitled "General Development 'I 9 Regulations" of Chapter 24, entitled "Zoning", of the Butte County Code to read as i. 10 follows: 11 24-241 Outdoor Lighting in Residential Areas 12 (a) Purpose. The purpose of this'section is to ' �j 13 , 14 provide minimum requirements for outdoor lightiniz in residential areas in order to reduce 15 16 17 18 19 20 21 22 23 LUUIIIy IUMUGIILJ MW VIJILUIJ., (b) Definitions. The definition of terms in this section shall be as follows: (1) Outdoor lighting. Outdoor light fixtures, whether permanent or portable, including general light fixtures, searchlights, spotlights, and floodlights; and the light cast by such fixtures. (2) Adequately shielded. Shielding of a light fixture by opaque components or materials, such that light rays are limited to the parcel of origin, and the light source is not visible from ansent another property or public right-of-way. I 28 i'i 24 (3) Glare. UnnIntense or blinding light. 25 (4) Light, fixture. A complete lighting unit consisting of one or more lamps, the lamp 26 holder, any reflector or lens,,and any other components or accessories. 27 (5) Light source (lamp). An electrical bulb, tube, diode, or other device. that produces 28 artificial light or illumination. 29 (6) Light trespass. Light falling across a- property line onto an adjoining another lot or 30 parcel of land or onto an adjeining a public right-of-way. 31 (c) Applicability. 32 (1) The requirements of this section shall apply to all outdoor lighting on parcels zoned 33 AR through AR -10 (Agricultural Residential); A-SR(Agricultural Suburban- 34 Residential); FR -1 through FR -160 (Foothill Recreational); M -R (Mountain or 35 Recreation Subdivisions=Residential); R-1 throughR-4 (Residential); R -N (Residential 36 Nonconforming); RT -1 •through RT-lA (Residential -Mobile Home); SR through SR -5 37 (Suburban Residential); TM -1 through TM -160 (Timber Mountain); and U 38 (Unclassified). This section does not apply to lighting at publicly owned facilities, 39 including public rights-of-way. 40 f -H (2) New Development. All no outdoor lighting €k4ur-ems® installed after the 41 effective date of this ordinance shall be in conformance with this section, and with other 42 applicable standards and requirements. 43 44, shall ael in an), bf 45 €elleg-vvay 46 a. Re diFOGti8fl Of the light fiK4UFO; 29 47 b. Shielding efthe lamp; 48 ; 49 ; 50 51 (3) Non -Conforming Light Fixtures. Outdoor lightingexisting on the effective date of 52 this ordinance that does not meet the requirements of this section shall be brought into 53 compliance or removed as follows: 54 a. Within three (3) months of the effective date of this ordinance, where re -direction of 55 the light fixture is feasible and' will bring the light fixture into compliance; or 56 b. Within six (6) months of the effective date of this ordinance, in all other cases. 57 (4) Compliance with Lighting Standards. Light fixtures not meeting the standards ,of this t 58 section shall be brought into compliance in any of the following ways.- 59 aw59 a. Re -direction of the light fixture, 60 b. Shielding of the lamp; 61 c. Redesign or relocation of the light fixture;. 62 d. Replacement of the light fixture with a conforming fixture; or 63 e. Removal of the light fixture. 64 (d) Standards. All outdoor ling in residential areas shall be located, 65 adequately shielded, and directed such that no direct light falls outside the property 66 perimeter, , or into the public right-of-way, as illustrated in 67 Figures 1 and 2. 68 69 l 70 71 72 73 74 75 Figure 1: Inadequate vs. Adequate Shielding Inadequate .Adequate FlxtUfe`s:itkit produce glare andtlght trespass •," �. FbIdifs that shield the light source to fnimal ze glare and light trespass R and to tacilifatebetter vision at night J Full Cutoff Fixtures_ t�� .p Unshleia Floodlights, or Poorly shiet9ed Flo mfghts , ��k,:� ~. _ • Fully Shielded �, ,. Fully shielded' Walkvray ,.. . *•� ^ ,,. Y waapack 8 wan Bollards. .. .. Mount Fixtures UnshEetded 4Vaupacks mm Paady'sflteFled Mount Fixtures.nShlelled or V51 .Drop-Lens8 Sag1ens Fixtures A is Fully Shielded Fixtures _ w/ exposed bulb 1 retractor lens - e Full Cutoff Streetlight . Unshielded Streetlight r r : . Fufy. Shielded - Unshielded 'Pe [lod Style 'Period' Style FUlures Fixtures... Fulty Shielded Unshielded t Securtry Ligh[ .. Secudty.Light. �1S n ' Unsnietded PAR Drop-Lens.Canopy ,- A 3�. Shief0e01 Propertyairhed Flush Mounted Canopy . r Floodlights,'` Factures �. PAR Fkodllghts, Fixtures boni Source: Dark Sky Society 31 i 11 76 77 78 79 80 81 82 ,r f Figure 2. Light Source'Wot'Directly Visible.Outside'Prope Property Line e 83 . 84(e) Exemptions: The following types of lighting are exempt from the requirements of this 85 section: 86 (1) Holiday and temporary lighting (less -than thirty (30) days in any one year); and 87 (2) Temporary lighting used'by law enforcement or emergency personnel to "prot ,c t life 88 or property. , 89 (f) Security lighting. Securi%lighting triggered by motion oi noise shall be permitted 90 subject to all of the provisions of this section. Sensors for such lighting shall notl o11 �e 91 triggered by activity located outside the subject property. 92 (g) Prohibited Lighting. Flashing, flickering, or other lighting that is distracting r may be -93 confused with traffic or emergency signals shall be prohibited. 94 (h) Enforcement. Any person who'violates any of the provisions of this ergs® 95 section shall be subject to the provisions of Chapter 41, entitled "Code Enforcement 96 Policies and Procedures," of this code. 97 Section 2. Severability. If any provision of this Ordinance or the application thereof to .98 any person or circumstances lis. for any reason held to be invalid by a court of co petent 32 99 jurisdiction, such provision shall be. deemed severable, and the invalidity thereof shall not. .1.00- affect the remaining provisions or other applications of the Ordinance which can be given 101 effect without the invalid provision or application thereof. 102 Section 3. Effective Date and -Publication. This Ordinance shall take effect thirty. (30) 103 days after the date of its.passage. The Clerk of -the Boardof Supervisors is authorized and 104 directed topublishthis ordinance before the expiration of fifteen (15) days after its 105 passage. This Ordinance shall be published once, with the names of the members of the 106 Board of Supervisors voting for and against it,.in the , a newspaper of 107 general circulation.published in the County of Butte, State of,California. 108. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, .109 State of California, on the day of , 2009, by the following 110 vote: 111 112 AYES: 113 114 NOES: 115 116 ABSENT: 117 118 NOT VOTING: 119 120 121 Bill Connelly, Chair of the 122 Butte County Board of Supervisors 123 124 ATTEST: 125 Gregory G. Iturria, 126 Interim Chief Administrative Officer 127 and Clerk of the Board 128 129 By 130 i PLANNING COMMISSION POWERPOINT PRESENTATION 34 COUNTYBUTTE �PLANNING COMMISSION •September 24, 2009 R Project #: ZCA09-0001 Outdoor Ligflting � ` in Residential Areas Request: Amend the zoning ordinance to more effectively implement Policies LU -1.1a and LU 6.1a of the General Plan Owner/ Applicant Butte County APN: Various Planner: Claudia Stuart, Principal Planner 35 .-Staff-recommends, adoption of the. _ _ • resolution recommending approval of Zoning Code Amendment ZCA09-0001 Outdoor Lighting in Residential Areas to the Board of Supervisors. 36 • a r f - ,, � • : � ""�' . ;j "�"F �xnxx nxxk«=..,nmx%e x.., k =x.. a ""�' ac"k k�exuR:,x�x•E•+a », kt.. ,.. -.Px A :.'""_°`�."'",c."""`x n, %y,"—a-�"-�' c' -a r-�, gx'�x song. : E.,-. -, ,, ,a; .,' „n, >;,,” x ;«:.„ „:. . - r - .x«u:: tl1 „ <.. '.,,'„ �uryxr� .:�.a . ,.v. 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A�gricult'ural Suburban -Residential Foothill Recreational (FR) •Mountain or Recreation Subdivisions -Residential (M=R) • Residential (R-1 through R-4) Residential Non. -Conforming (R -N) • Residential -Mobile Home (IRT) • Suburban Residential (SR) • Tirnber Mountain (TM) • Unclassified (U) I 43 I 0 Types of Applicable Development • Existing Development — Redirect —Shield —Re -design or relocate — Replace — Remove • Light Trespass Standard ip Light fixtures shall be., located, shielded, and directed so that n 0 direct -light falls outside- property perimeter o r into public right-of-way s • Light source (bulb) not visible frornan-6the'r `• property or public right-of-way' 45 Figure 1. Adequate vs. Inadequate Shielding Inadequate . ti�v exposes �a>i t retwacmr rens �, UnshlCtc6Exf Stra?�tllght urtsni�,la��t e i Mures. ! 18h5hEC�e+d. 411CW41090PARC�y OrOPA, 16cano" q Aights FIXWKS Adequate Fi*.Jf;s0,01l athelightwometo'min ti*54m lignttr—Wxs ana t0 OcIlliate tetter vision W not .�, _ caika•-; r.F,ulY�itpttt='octu.FiaS� .� '' _ �,- ___-'=_ - ��._�,xr_ _ __ -_._.: _, Full}+ $IalelQeA - uv�,tu oy F by Shtekted >9ollar1 V. w1a 1p a� & Wall j M1teuntFirlurC'S n-1, .-{ sae UZ .. t r a.�.� �e1.,, �I1015f �ielnezl frr,tdua$ Rrtl Culotf StmetfigO, tu7iy 5[bt IIJEtl Pf-liurf• Style — — — �FIA. rs . nmao FUIY Stl4eided SorU* Lot � SfilCtu�tt fattned Flush Pt.l w k -d Canary PA62 rtoodl ttts . s Fixwres 46 ���„ Source: Dark Sky Society Amortization Periods ------• -3-months-77-7 redirection is -feasible -and - effective • 6 months - all other cases • The Board of Supervisors confirmed the s -_reco_mmended _amortization periods at their June 23, 2009 meeting M. Exemptions t — [Holiday an & temporary lighting Temporary ;lighting. -,law enforcement, emergency Security Lightinb • Prohibited, _ h — flickering" terdsractii htinFlashing g Enforcement Chapter 41 "Code Enforcement Policies and 'Proc'e'dures __-: � �Staff.recommends-adoption of the:-- -._._ __. __. .resolution recommending approval of Zoning Code Amendment ZCA09-0001- Outdoor Lighting in Residential Areas to the Board of Supervisors. 50 .:, 0 BUTTE COUNTY PLANNING COMMISSION PUBLIC HEARING A public hearing before the Butte County Planning Commission will be held on September 24, 2009, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County. Administration Center, 25 County Center Drive, Oroville, California. This hearing will be to accept public testimony in advance of the- Planning Commission's recommendations to the Board of Supervisors regarding the adoption of two amendments to the Butte County. zoning ordinance entitled "Outdoor Lighting in Residential Areas", and "Residential Generator Noise." Such adoption would be by the Board at a later, publicly -noticed hearing. ZCA0970001 Outdoor Lighting In Residential Areas - This amendment provides standards for the design and location of outdoor lighting in order to limit light trespass and glare. It requires that light fixtures be shielded, directed, and located such that direct light is limited to the parcel of origin. The amendment applies to the following zones: AR (Agricultural Residential), A -SR (Agricultural. Suburban -Residential), FR (Foothill Recreational), ' M -R (Mountain or Recreation Subdivisions -Residential), R (Residential), R -N (Residential Nonconforming), RT -(Residential- Mobile Home), SR (Suburban Residential), TM (Timber Mountain) and U (Unclassified). An amortization period of three months is allowed for existing lighting that requires only re -direction to be brought into conformance. A six-month amortization period is allowed in all other cases. ZCA09-0002 Residential Generator Noise - This amendment requires that noise produced by generators operated to support residential uses shall not exceed 55 decibels at or outside the originating property line. Residential generators not meeting this standard could be retired, retrofitted, repaired, replaced, or enclosed in a sound reduction enclosure. Associated guidelines for the construction of sound -reduction enclosures are provided. Enforcement of both zoning code amendments would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code. The proposed zoning code amendments are exempt from environmental review under the California Environmental Quality Act pursuant to Section 15308 Action Taken by Regulatory Agencies for Protection of the Environment. The draft zoning code amendments and Planning Commission staff reports are on file for public review and comment at.the Butte County Planning Division, 7 County Center Drive, Oroville, California, and are also available for review on the County's website at http://www.buttecounty.net/dds/Agendas/PC/2009/2009_PC.htm. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. For information call or send an email to Claudia Stuart, Principal Planner, (530) 538-7604 or cstuart@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES rl BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD :OF SUPERVISORS `MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Zoning Code Amendment - Outdoor Lighting in Residential Areas DEPARTMENT: DDS DATE: 6/10/09 MEETING DATE Z0 AR REQUESTED: 6/23/09 CONTACT: Claudia Stuart PHONE: 538-7604 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: SUMMARY OF REQUEST: Pursuant to the Board's direction on December 16, 2008, the Department of Development Services has worked with County Counsel to prepare a draft amendment to Chapter 24 of the Butte County Code. The draft zoning code amendment addresses glare and obtrusive light in residential areas. Staff requests that the Board of Supervisors: 1. Provide staff with direction regarding reasonable amortization periods for outdoor lighting fixtures in residential areas; and 2. Review the draft ordinance and provide additional comments as desired. ACTION REQUESTED: Discuss the draft ordinance and provide direction to the Department of Development Services to prepare an ordinance for consideration at a future public hearing. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL AND TWELVE (12) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes,. complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No X Administrative Office Review If yes, complete Budget Transfer Request Worksheet on Administrative Office Staff Contact back. (Deadline is one business day prior to normal agenda deadline) 4/5's Vote Required: Yes: No: Will Proposal Require an Agreement: Yes No X Auditor -Controller's Number (if required): Date Received by Clerk of Board: County Counsel's Approval: Yes No X Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help Previous Board Action Date: December 16, 2008 Additional Information Attached: Yes X No Describe: Staff report and draft ordinance Kev. 1/so r.:— Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530)-538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.neVdds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING June 23, 2009 Butte County Board.of Supervisors 25 County Center Drive Oroville, CA 95965 SUBJECT: DRAFT ORDINANCE OUTDOOR LIGHTING IN RESIDENTIAL AREAS Recommendation Staff requests that the.Board of Supervisors: 1. Provide staff with direction regarding reasonable amortization periods for outdoor lighting fixtures in residential areas; and 2. Review the proposed ordinance and provide additional comments as desired. Proiect Summary Pursuant to the Board's direction on December 16, 2008 staff has "prepared a draft ordinance (Attachment A) to address: light trespass in residential areas. Light trespass is generally. defined as unwanted direct light fal';;ing across a property line onto an adjoining parcel or public right-of- way. . Background In March 2008 the Department of Development Services received a report of persistent light trespass from a County resident in the Chico area. Both the source and affected properties are located in the County's jurisdiction within the City of Chico Sphere. of Influence. Both properties are located within the AR (Agricultural Residential) General Plan land use designation, and are zoned A -R (Agricultural-Residentia ). BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT -June 23, 2009,• Outdoor Lighting in Residential Areas■ 1 of 3 1 The report described light trespass originating from fixtures on a neighboring parcel. It noted that the light trespass disturbed an adjacent resident's sleep and use and enjoyment of property, and potentially affected the health of the resident and the resident's livestock. The report further expressed concern regarding the effects I of the light on wildlife and public uses (including an observatory) in the adjacent city park. Staff conducted two site visits in. March 2008 and observed direct light cast across the complainant's home and property by the neighboring 'lighting installations. The subject light fixtures are high-intensity, located close to the affected property along the neighboring driveway, placed relatively high, and lack adequate shielding to control the casting of direct light onto the complainant's property. The current Butte County Code rinciudes standards for lighting in the C -C Community Commercial, N -C Neighborhood Commercial, C/M Chapman/Mulberry, and Recreational overlay zones, as well as for large ' retail projects., These . standards require that exterior •lighting be confined to the premises, with direct light and light sources not visible from adjoining properties. Code requirements for off-street 'parking, require that lighting be directed and maintained so as to not interfere with the use and enjoyment of property by any person. However, the current code does not contain specific standards which would address the . reported instance of light trespass originating from a residential property. On December 16, 2008 the Board directed staff to identify options for preparing an interim lighting ordinance that would address such instances of light trespass. Staff has sought to address the identified issues but limit the'complexity of the.ordinance while broader standards are being drafted under the Butte County General Plan 2030 process. In preparing the proposed ordinance, staff reviewed ordinances from'ii number of jurisdictions in California, Arizona, Florida, New York, Wisconsin, Illinois, Texas, New Mexico and Idaho; as well as information published by -the Dark Sky Society and the International Dark Sky Association. Feedback was also solicited from the planning directors of several; California counties. Discussion An ordinance prepared to address light trespass among residential properties must also allow adequate lighting for residents' safety and well being. Thousands of lighting fixtures with a wide variety of intensities, designs and placements are located on the County's residential properties. Light from these fixtures is; often visible from one property to another. The draft ordinance is intended to allow. adequate lighting for safety and well being, while requiring that light fixtures be shielded,'directed and located such that direct lighting is limited to the parcel of origin. Amortization can be used by local jurisdictions to phase out existing uses that pose health, safety or environmental threats. It is intended to provide a reasonable period to recoup the investment in an existing use before the use must be brought into compliance with new standards. It is most commonly used for property' having relatively low value, such as signage or lighting. There is no general consensus on methods for setting amortization. periods. Amortization periods for lighting fixtures. among, the'ordinances reviewed ranged from one year for fixtures worth less than $2,000 (Fontana, Wisconsin, 2002) to five years (Bernalillo County, New Mexico, 1991; Gilpin County, Texas, 2003). It should be noted that the longer amortization periods are associated with ordinances phasing out higher -value commercial or parking -area light fixtures. Amortization periods for commercial signage in residential areas are governed by the California Business and Professions Code (Sec. 5412.1), with amortization periods ranging from two years for displays worth under $1,999 to seven years for displays worth $10,000 or more. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT -June 23, 2009 ■ Outdoor Lighting in Residential Areas■ F 2of3 2 In most cases, the -proposed ordinance would require the redirection, shielding, or relocation of existing lighting rather than its removal .or replacement. Costs associated with redirecting residential lighting fixtures 'are assumed to be less than $500. Based on this assumption and the research results outlined above, staff recommends an amortization period of three months for non- conforming fixtures requiring only redirection to bring them into conformance. The cost . of relocating, retro -fitting or replacing residential lighting fixtures to provide adequate shielding and limit light trespass is assumed'to be less than $1,000. Based on this assumption and the research results, staff recommends an amortization period of six months in all other cases. After completion of the amortization period, enforcement of the ordinance would follow procedures in Chapter 41 (Code Enforcement Policies and Procedures) of the Butte County Code. In cases where .complaints are received, violators would be notified of the violation, the specified action necessary to correct the violation, and the period of time allowed for correction. Violations continued in disregard rof such notice would be subject to fines and/or other remedies under the Butte County Code. In order to.effectively enforce the ordinance, the County would need to make staff available during evening hours to investigate complaints. . Relationship to Butte County General Plan 2030 A comprehensive update of`the Butte County zoning code is currently underway as part of the Butte County General Plan 2030 process. The intent and general provisions of the proposed ordinance will be integrated into this comprehensive update. Staff expects that development standards limiting light trespass will be applied to, a broader set of zones and land -use designations than in the currently proposed ordinance. Adoption of the comprehensive zoning code update is expected in September 20.10. Requested Action Provide direction to staff regarding reasonable amortization periods for outdoor lighting in residential areas, and any othermatters related to a lighting ordinance as desired. For further information regarding the proposed ordinance please contact Principal Planner Claudia Stuart at (530) 538-7604 or cstuartbuttecountv.net. Zin gs, Directo Attachments A. Draft Ordinance —Outdoor Lighting in Residential Areas BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT ■June 23, 2009 * Outdoor Lighting in Residential Areas■ " 3of3 3 1 Ordinance No. 2 3 AN ORDINANCE ADDING SECTION 24-241, _ENTITLED OUTDOOR 4 LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE •IV OF CHAPTER 24 OF 5 THE BUTTE COUNTY CODE 6 7 The Board of Supervisors of the County of Butte ordains „as'follows: 8 Section 1. Section 24-241 is added to Article IV, entitli6d,"General DeZelopment 9 Regulations" of Chapter 24 entitled "Zoning" ofthe Butte;Coun Code'to read' as � P g; ..1.... h' 10 follows: 11 24-241 Outdoor Lighting in ResidentiOtAreas 12 (a) Purpose. The purpose of this section rs to mmimize Blare and obtrusive light in S 13 residential areas by limrtmg outdoor lighting that is misdirected; excessive or hazardous. 14 (b) Definitions. Th' definition d' Aterms in this `section shall be as follows: 15 (1) Outdoor. lighting. Outdoor,�ight fixtures, whether permanent or portable, including 16 geneht fixtures,` hli hts��k,.lights, and floodlights; and the light cast by such 17 fixtures. 18 (2) Adequately shielded Shielding ofa light fixture such that light rays are limited to the 19 parcel of origin, and the light source is not visible from an adjacent property or public 20 right-of-way. 21 (3) Glare. Unnecessarily intense or blinding light. 22 (4) Light fixture. A complete lighting unit consisting of one or.more lamps, the lamp 23 holder; any reflector or lens, and any other' components or accessories. 2 24 (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces 25 'artificial light or illumination.. 26 (6) Light trespass. Light falling across a property line onto an adjoining lot or parcel of 27 land or onto an adjoining public right-of-way. 28 (c) Applicability. The requirements of this section shall apply to all outdoor lighting on 29 parcels zoned AR through AR -10 (Agricultural Residential); A .SR'(Agricultural 30 Suburban -Residential); FR -1 through FR -160 (Foothill R.eereafgnal); M -R (Mountain or .y 31 Recreation Subdivisions -Residential); R-1 through RI -4-W.- 6i i esidential 32 Nonconforming); RT -1 through RT- lA (Residential -Mobile Home); SR through'SR-5 33 (Suburban Residential); TM -1 through TM -160 (Timber Mountain); and U r 34 (Unclassified). This section. does not apply to lighting at publicly owned facilities, 35 including public rights' -of -way. ' 36 (1) New Development All=new outdoor lighting fixtures shall be installed in 37 conformance with4his'section, and with other applicable standards and requirements. 38 (2) Compliance with Lightingg Standards -Light fixtures not meeting the standards. of this 39 section, and which are the subject of a complaint, shall achieve compliance in any of the 40 following ways: 41 a. Re -direction `dithe light `f zture; 42 b. Shielding of the lamp; r 43 c. Redesign or relocation of the light fixture;- 44 xture;44 d. Replacement of the light fixture with a conforming fixture; or - 45 e. Removal of the light fixture. 5 46 (3) Non -Conforming Light Fixtures. Outdoor lighting existing on the:effective date of 47 this ordinance that does not meet the requirements of this section shall be brought into. .48 • compliance or removed.as follows: 49 a. Within three (3) months of the effective date of this ;ordinance, where re -direction of 50 the light fixture is feasible and will bring the light fixture into.compliance; or '51 b. Within six.(6) months of the effective date of this ordinance,-iri all_;other cases. 52 (d) Standards. All outdoor light fixtures in residential areas shallbe 'located, adequately 53 shielded, and directed such that no direct light falls outstde the propter, onto 54 an adjoining parcel or -lot, or into the public right`}of--way, "as illustrated in Figures 1 and 55 2.56 vl - r' i r x , a y,. _3t r ' kip:. :�.•. �. 'r - pII< e 6!T' - 57 Figure 1.:Inadeq6ate vs. Adequate Shielding 58 Inadequate Adequate - �uwastnn o.mHrw pwamtptt r�r/gan '..ramre, nn gs+oirtr egrKrrr bnritare yatn�aryw t1rpaen . ' - t' • - arorot�trsn nMnrrwn angx Frld (]taflfa0len ' - NWIlJaeO (Io04pa4 Vft . a FmoY iaMODa tiooa rur tW_Y maeSOEM 1 = " LLJ - - 6Wdssrkda 1 vmh•snriam raa � -.. ? Mxrd Fimaes { - tt I�. QayLrns6 SaPa.t+e FeUi<x �•- 10.nea lemaex . feg10.P.O0W1lretrxl[It 1erK - U1'aNtC _ iN Oibl UtM9(�G $ f . t _ Nafiidcd . 'FY1100'SQ'4e - Fomaes JG;'� ramm � r t. Rq SMelOetl ,y� tLssMltlen RtR aoD•Lt_ C.-py'{' &a!h•<77i3nIK A'a�m'C !%rJIMw WC. • � \/ y `_ Fa�Ors ' floo®qw - _ ` Pomace- , 59 .t 60 4 �, } , 61 Figure 2. Light Source Not Directly Visible Outside Property Perimeter 62 AQ �a SCi'd, (�?L t >rn.J a,t rt� \ ktti kt �•ifSf`L 63 ffiSg L> ; ig. lk F t x 5 a !wr cCq& t rC ��'i "� cStir. /5 vJth h '9z+ rd.�5'+(s it f �v s F `,t•?�t i c ;¢�lr r� N,�:'.i�<v. t v .,5 hi l )t W t y ky tJ rl J if xFiffi. r; rYa 4 .n kk e=#�' >.f rCSe?Ei f^Y' { t .`' sA}, tia.. �j ` Z.« •yn �" z�'k ' r J 1 n'v- 6 A. • s U sF`' f R t 3 {i! 1 r , t `5 i' d9, - I ppx J d b 1 " fY 1, 7 J s s� h r, VY r?' n t rw ■ 4tU [ -"'t'' '``kr 4 '�' rr y1�.4'yt 4 'l1 s �iJ w �t�lf�'l t; �•-�„ �,� }`t ftt�i��' �t �`t NINg 1 c �JtC + i 4+~{(E t k t.�i � / .�.p4 ra � ¢ .�� •s 5.� t K � � d '° v :�.i }. ,��' � - tE•u^.,F ?�a L},� q tP z'i> � 1 /5 �3 �i !`i .�c �� J ; a{,jf' 65 F ' F"L,'rut�'�' 66'x, .g j4 3 r - -'a Property Line . 67 (e) Exemptions. The following types oflighting are exempt from the requirements,of this 68 section: 69 (1) Holiday and temporary lighting (less;than thirty (30) days in any one year). 70 (2) Temporary lighting used by law enforcement or emergency personnel to protect life 71 or property. 72 (f) Security lighting. Security lighting triggered by motion or noise shall be permitted 73 subject to all of the provisions of this section. Sensors for such lighting shall not be 74 triggered by activity located outside the subject property. fo::y 75 (g) Prohibited Lighting. Flashing, flickering, or other lighting that" is^distracting or may be. 76 confused with traffic or emergency signals shall be prohibited' t }� 77 (h) Enforcement. Any person who violates any of the provisions os.ordinance shall 78 be subject to the provisions of Chapter 41 Code Enfiorcement Policies and*?' cedures. Y u P~ 79 Section 2. Severability.1f any provision of this Ordinance or the application thereof to 80 any person or circumstances is for any reason held to be invalid by a court of competent 81 jurisdiction, such provision shall be deemed severable and the Invalidity thereof shallnot 82 affect the remaining prowi`sions or other applications of iliiOrdinance which can be given 83 effect without the ifid,.provision or application thereof. X 84 Section 3. Eff_ectiveJDate and Publication ,This Ordinance shall' take effect thirty (30) 85 days after the date of itsFpassageY-The Clerk of the Board' of Supervisors is authorized and 86 directed to publish this ordinance before the expiration of fifteen (15) days after its 87 passage. This Ordinance stall be published once, with the names of the members of the :Te Y.: 88 Board of Supervisors+btuig for and against it, in the , a newspaper of r-' 89 general circulation published in the County of Butte, State of California. 90 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, 91 State of California, on the day of , 2009, by the following 92 vote: ee 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 AYES: NOES: ABSENT: NOT VOTING: ATTEST: Gregory G. Iturria, Interim Chief Administrative Officer and Clerk of the Board U -M 0 Bill Connell",hair of the ti;> Butte County Board of Supervisors 9 Y+ 9 0 e� T BUTTE COUNTY n •: BOARD OF SUPERVISORS • u June 23, 2009 AGENDA ITEM 0.06 Zoning Code Amendment: Outdoor Lighting. in Residential Areas { Applicable Zones • Agricultural Residential (AR) • Agricultural Suburban -Residential (A -SR) • Foothill Recreational (FR) • Mountain or Recreation Subdivisions — Residential (M -R) • Residential (R) • Residential Non -Conforming (R -N) • Residential -Mobile Home (RT) • Suburban Residential (SR) • Timber Mountain (TM) • IUncla' ss�U) Types of Applicable Development • New Development • Existing Development — Redirect — Shield — Re -design or relocate — Replace — Remove 1 7 R Light Trespass§tandard' • Light fixtures shall be located, shielded, and directed -so that no direct light falls .outside property perimeter,. • Light source (bulb, tube, etc.) shall not.be visible from adjacent property ,' &Lj ` Figure 1.. Adequate vs. Inadequate Shielding ; Inadequate Adequate <3 :J .171 J' n 1� 2 IN Amortization Periods • 3 months - redirection is feasible and effective • 6 months in all other cases. Staff requests that the Board of Supervisors: 1. Provide direction regarding reasonable amortization periods for residential lighting fixtures. 2. Review the proposed ordinance and provide additional comments a.�,desired. Okt A?PC AM tiot -L4 OM-IZ-, t Butte County Department of Development 5erv�ces TIM°sNELLINGS,'DIRECTOR l PETE CALARCO, ASSISTANT.DIRECTOR,' 7, County Center Drive.,. O..rgVille, CA', 96 ' (539) 538-7601 `Telephone (WO) $38-7785 Facsimile, www.buttecounty neUdds-, wvuw butte drieralgiananet t ADMINISTRATION'" BUILDING"PLANNING June ` p,, 2Q09 Michael andBrooke D:?Quilic 274�,Centenn ial .Ave. Chico; ,CA ;95928: Re Board of,Supervisors Agenda for June 23'2009:,Residential,Lighting,Ordinance; Dear Mr:rand Mrs Quilici + It has come;to my attention that you may, be. interested; in an item thatis to` be considered by the Butte County; Board of Supervisors next week 'The item: is an initial draft of 4 proposed ordinance; to regulate outdoor lighting in esidenfiaI areas T. is-di§cusiion,wili be liem,4.,06 on•the,Board''s Jun. a 23;;2009, regular agenda: Enclosed:are the,draft ordinance and'agenda report,addressing this item: The -Board's discussion :will respond.to staff request for''. irection regarding`appropriate. amortization periods . r:non-conforming lighting in.,residential areas,!:and also provide any other direction to staff regarding whether.or how:the,Board:of Supervisors, pwld like the :pr oposed , regulations modified prior to Planning Commission review and'.final.ado ption -bysthe Board: .- Should:you wish`to comment:to the Board;..of Supervisors regarding this itern; written or emailed ,comments ,are accepted through the; Clerk of theBoard (kmo_Qhannam"O'bil courity:net); or through me (cstUart(aD-buttecounty `iiet),. Alternately; you _may want to ;attend the. meeting in order to provide your commentsan person and answer any guestioris fiat the:Supen✓isors: may. Have: The June'23rd meeting starts at 9 OO;am: TFiiswil( not b'e: a'timed item;, so the discussion could take. place at any timer.during thekBoard of Supervisors,meeting The qpm plete:meeting agenda, agenda report and Ora, tordinance are .also posted on the°SCounty's wegsite`at ,tntto:%/wwwaiuttecounty:net/cob/2009%2OWeb%20Agendaslfi=23 L2109 da, After staff receives the Board's direction the.ordinance,will be "moVed forward to,a Planning Commission hearing for, a recommendation:' It wilt hen return �fo the'.Supervisors: for final adoption: The Board's direction-nextweek will clanfy;what the Supervisors wishIo address through.that process'Thefuture.Plannrng`Commission and Board of::Supervisors:heaeing s:'; ill additional' opportunities -to comment on the; proposed zoning code amendment; •,: .. - . Re: Residential Lighting Ordinance: June 19, 2009 TPage`2 Please feel free to contact me. at the..email`address above° or at (530) .53.8=7604 if,you ;need furtFer, information or`.have any quest onsnabout, this item;. Sincerely, Claudia M. ,Stuart Principal Planner Cc: Chuck�Thistlethwaite,. Planning; Manager Enclosure: Agenda. Report and Attachments for Item 4 06,(Outdogr Lighting ,in'Residential Areas) on the:Butte_ County Board :of`Supervisors June 23; �2009.Agen' A