Los Banos City Zoning Code
ARTICLE 33
OUTDOOR LIGHTING
§ 9-3.3301 Purpose and intent.
This article is intended to ensure the adequate installation and maintenance of outdoor lighting to safeguard safety, security and aesthetics and to:
(a)
Reduce the issues created by improperly designed and installed outdoor lighting;
(b)
Reduce light pollution, light trespass, glare, sky glow impacts, and offensive light sources;
(c)
Prevent inappropriate, poorly designed or installed outdoor lighting;
(d)
Encourage quality lighting design, light fixture shielding, uniform light intensities, maximum lighting levels within and on property lines, and lighting controls;
(e)
Promote efficient and cost effective lighting and to conserve energy; and
(f)
Provide an environmentally sensitive nighttime.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3302 Applicability.
This article shall apply to exterior lighting, including illumination from any interior building or structure lighting that affects the outdoor environment, unless otherwise excepted or exempted herein. All uses that require discretionary approval from City of Los Banos, such as a site plan, administrative site plan, conditional use permit, general development plan or final development plan, as well as, uses requiring Planning Division approval of a ministerial permit, such as a building permit, shall conform to this article.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3303 General provisions.
(a)
Conformance at the Time of Building Permit Application. These requirements shall be met prior to a final inspection for any building permit for new development or redevelopment in accordance with the appropriate process requirements for the application.
(b)
Replacement of Fixtures. If an existing non-standard light fixture is removed, it shall only be replaced with a conforming light fixture or fully shielded and mounted and in compliance with Illuminating Engineers Society of North America (IESNA) standards for full cut-off.
(c)
Replacement of Lamps. To the extent that compliance with this section can be achieved by replacement of a lamp within a light fixture, such lamp shall be replaced after failure of the lamp.
(d)
Public Streets, Sidewalks, and Other Common Areas or Facilities. All public streets, sidewalks, and parking lots and other common areas or facilities shall be illuminated according to the standards herein at all times to ensure that persons and property are safeguarded against crime.
(e)
Outdoor Lighting. Outdoor lighting provided for security and safety shall be in working order at all times and maintained in a manner consistent with this article.
(f)
Landscaping and Vegetation Maintenance Required. All landscaping and vegetation shall be maintained such that it does not obstruct security and safety lighting.
(g)
Uniform Lighting Level Required. All outdoor lighting shall be designed and maintained to provide uniform lighting levels.
(h)
Lighting Control Mechanisms. Where practicable, exterior lighting shall be equipped with timers, sensors or photocell controllers or a combination thereof to turn off non-essential lights and ensure adequate safety and security lighting.
(i)
Non-Essential Lighting. Non-essential lighting shall be turned off one hour after the close of business.
(j)
Essential Lighting. Essential safety and security lighting shall be kept on from dusk until dawn.
(k)
Recreational Facilities. Outdoor lighting for recreational facilities, such as ball fields, shall comply with the standards established by the Illuminating Engineering Society of North America (IESNA).
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3304 Exemptions.
(a)
Single-Family Dwelling on Infill Sites. The lighting standards contained herein shall not apply to single-family dwellings constructed on infill sites, except that existing unshielded mercury vapor light fixtures shall be removed, replaced or shielded after failure of the lamp with light fixtures or shields that meet the requirements of this section.
(b)
Ornamental Lighting. Ornamental landscape lighting where the maximum wattage of any single lights fixture does not exceed the equivalent of 15 watts incandescent or 100 lumens and is not used from 12:00 a.m. to dusk.
(c)
Strings of light. Strings of light on residential properties shall be exempt from the requirements of this chapter.
(d)
Aviation Lighting. Lighting used exclusively for aviation purposes is exempt from the requirements of this article. All heliport lighting shall be turned off when the heliport is not in use.
(e)
Right-of-Way Lighting. Public lighting located within the right-of-way is exempt from these lighting regulations except for requiring full cut-off fixtures.
(f)
Hazard Warnings. All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this article.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3305 Provision conflicts.
Where any provision of Federal, State, County, or City statutes, Codes, or laws conflicts with any provision of this Code, the most restrictive shall govern unless otherwise regulated by law.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3306 Definitions.
For the purposes of this article, terms used shall be defined as follows:
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
Outdoor lighting which is designed to illuminate entrances, exits and common areas and discourage undesirable activity, by providing the minimum illumination necessary to provide security for buildings and property, and safe passage for persons utilizing parking areas, streets, sidewalks, trails and other common areas.
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction provided it does not create a nuisance for adjacent properties.
Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.
Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness.
Luminaires not conforming to this Code that were in place at the time this Code was voted into effect. When an ordinance "grandfathers" a luminaire, it means that such already-existing outdoor lighting does not need to be changed unless a specified period is specified for adherence to the Code.
The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.
Direct light that has been reflected or has scattered off of other surfaces.
The development of new housing or other buildings on scattered vacant sites within the City limits.
The component of a luminaire that produces the actual light.
The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of this article, the lumen-output values shall be the initial lumen output ratings of a lamp.
This is a complete lighting system, and includes a lamp or lamps and a fixture.
Outdoor lighting for landscaping, architectural features, display areas, tennis courts, ball fields and the like.
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
The specific illumination of an outside area of object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3307 Recreational facilities.
(a)
Any light source permitted by this Code may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:
(1)
All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up light, spill-light, and glare;
(2)
All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3308 Design standards.
All public and private outdoor lighting installed in the City of Los Banos shall be in conformance with the requirements established by the ordinance codified in this chapter. All previous language in City bylaws and ordinances regarding outdoor lighting is superseded by this section.
(a)
Maximum Height. The maximum height of ground-mounted luminaires for pedestrian walkways may not exceed twenty (20′) feet, unless exempted.
(b)
Lamp Illumination. The illumination from a lamp shall be fully shielded from view from adjacent properties and public right-of-ways, except as otherwise permitted herein.
(c)
Light from Buildings. Luminance levels shall not exceed 10 foot-candles measured as initial horizontal luminance, except as otherwise permitted herein. The initial luminance level is measured following 100 hours of operation.
(d)
Photometric Plan. Staff may request a photometric plan analysis on a case-by-case basis dependent on site conditions.
(e)
Light Source Requirements. All outdoor light fixtures should utilize one of the following bulb types: metal halide, induction lamp, compact fluorescent, incandescent (including tungsten-halogen), high-pressure sodium and LED. Alternatives are permitted provided the approving body authorizes them.
(f)
Lighting Adjacent to Residentially Zone Property. Standards for lights adjacent to or within fifteen (15′) feet from a residential zoned property, or public right-of-way shall be:
(g)
Maximum Light Fixtures on Poles. There shall be no more than two light fixtures per pole except for sports lighting and lighting for public recreational facilities, unless exempted by the approving body.
(h)
Canopy Lighting. Lighting fixtures mounted on canopies shall be installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy and parallel to the ground. A full cut-off light fixture may project below the underside of a canopy. All light emitted by an under canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. No lighting except that permitted by the sign ordinance, shall be permitted on the top or sides of a canopy.
(i)
Flag Poles. A flagpole may be illuminated by one upward aimed fully shielded spotlight light fixture which shall not exceed 3,500 lumens (50 watts metal halide). The light fixture shall be placed as close to the base of the flagpole as reasonably possible.
(j)
Strings of Lights. No person shall use a string of lights on property with non-residential uses except if they are: (1) approved by the Planning Commission. The use of such lighting shall be for the purpose of creating ambiance and pleasing pedestrian spaces in an energy efficient manner, and low wattage or low voltage fixtures and luminaries are required; or (2) lighting displays from the last Thursday in November through the last Thursday in January.
(k)
Fixture Style, Design and Color. The style, color and design of the fixtures shall be compatible with the overall design concept and use of materials for the building, site and area of the lighting plan.
(l)
Safety and Security Lighting Required.
(1)
All roads, driveways, sidewalks, parking lots, and other common areas and facilities in shopping centers, commercially zoned property, residential developments, and multi-family developments containing more than four dwelling units shall be sufficiently illuminated to ensure the security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, at all times.
(2)
All entrances and exits in nonresidential buildings and in two family or multi-family developments containing more than four dwelling units shall be adequately lighted to ensure the safety of persons and the security of the buildings at all times.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 266, Ord. 1095, eff. November 20, 2010)
§ 9-3.3309 Exceptions.
The Planning Commission shall be the approval authority for exception requests that are made for lighting plans which are part of a discretionary permit process (site plan, conditional use permit, general development plan or final development plan). Exceptions requested as part of an administrative discretionary permit or ministerial permit shall be made by the Planning Director. Exceptions may only be granted when it is found that all of the following conditions exist:
(a)
There are special circumstances or conditions applying to the land, buildings, or outdoor light fixtures for which the exception is sought, which circumstances or conditions are unique to such land, buildings or outdoor light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the subdivision;
(b)
The granting of the exception will generally be consistent with the purpose of this section and will not be injurious to the subdivision or otherwise detrimental to the public welfare; and
(c)
The exception is a minimum change that provides the relief requested.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 267, Ord. 1095, eff. November 20, 2010)
§ 9-3.3310 Temporary outdoor lighting.
(a)
Any temporary outdoor lighting that conforms to the requirements of this article may be allowed through the administrative site plan review process. Nonconforming temporary outdoor lighting, such as search lights and laser source lights, may be permitted through the administrative site plan review process by the Planning Director after considering:
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 268, Ord. 1095, eff. November 20, 2010)
§ 9-3.3311 Effective date.
The ordinance codified in this article shall take effect 30 days after approval by the City Council and shall supersede and replace all previous ordinances pertaining to outdoor lighting.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 269, Ord. 1095, eff. November 20, 2010)
§ 9-3.3312 Grandfathering.
All luminaires lawfully in place prior to the date of the ordinance codified in this article shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this article. Further luminaires that direct light toward streets or parking lots that cause disability glare to motorists or cyclists should be either shielded or redirected within 90 days of notification, so that the luminaires do not cause a potential hazard to motorists or cyclists.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 269, Ord. 1095, eff. November 20, 2010)
§ 9-3.3313 Submittal requirements.
(a)
Ministerial Permits. At times, certain types of infill development or redevelopment will trigger the need for review and approval of the outdoor lighting plan on a site. When deemed necessary by the Planning Director, the following information shall be submitted to the Planning Division for review as part of the building permit process, in addition to required building permit application requirements:
(1)
A site plan showing the location of all buildings and building heights, parking, and pedestrian areas on the lot or parcel;
(2)
The location and height above grade of all light fixtures including building mounted fixtures;
(3)
The type and lumen rating and wattage of each lamp source;
(4)
The general style of the light fixture such as cut-off, lantern, coach light, globe, and a copy of the manufacturers catalog information sheet;
(5)
If deemed necessary by the Planning Division, a photometric plan, which shows the horizontal luminance across the entire site and a minimum of ten (10′) feet beyond the lot or parcel property line; and
(6)
If deemed necessary by the Planning Division a description of the lighting control mechanism including type of controls (timer, motion sensor, time clock, etc.), and indicating how lights shall be controlled during post-curfew hours.
(b)
Discretionary Permits. Applications for all new development proposals, including general development plans, final development plans, site plan reviews, administrative site plan reviews, conditional use permits, and vesting tentative maps shall submit a lighting plan showing the following information:
(1)
A detailed lighting plan indicating the location and the type of all ground mounted and building mounted illuminating devices, fixtures, lamps, supports, reflectors, and other devices;
(2)
A description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);
(3)
A photometric plan which shows foot candle readings at ten (10′) foot intervals across the entire site and a minimum of ten (10′) feet beyond the lot or parcel property line;
(4)
The above required plans; descriptions and data shall be sufficiently complete to enable the Planning Division to readily determine whether compliance with the requirements of this article will be met. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 270, Ord. 1095, eff. November 20, 2010)
§ 9-3.3314 Subdivision map certification.
If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final map shall contain a statement certifying that the applicable provisions of the City of Los Banos Lighting Ordinance shall be adhered to.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 271, Ord. 1095, eff. November 20, 2010)
§ 9-3.3315 Lamp or fixture substitution.
Should any outdoor light fixture, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the Planning Director for his or her approval, together with adequate information to assure compliance with this Code, which must be received prior to substitution.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 272, Ord. 1095, eff. November 20, 2010)
§ 9-3.3316 Operation and maintenance.
The installation, operation and on-going maintenance costs of lighting fixtures are the responsibility of the property owner.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 273, Ord. 1095, eff. November 20, 2010)
§ 9-3.3317 Violations, legal actions, and penalties.
(a)
Violation. It shall be a civil infraction for any person to violate any of the provisions of this article. Each and every day during which the violation continues shall constitute a separate offense.
(b)
Legal Actions. If, after investigation, the Code Enforcement Officer finds that any provision of this article is being violated, shall be given notice by hand delivery or by certified mail, return-receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the 30 day period, the Code Enforcement Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain, or abate any violations of this article and to collect the penalties for such violations.
(c)
Penalties. A violation of this article, or any provision thereof, shall be punishable by a civil penalty of not less than Fifty and No/100ths ($50.00) Dollars nor more than One Thousand and No/100ths ($1,000.00) Dollars for any individual (and not more than Ten Thousand and No/100ths ($10,000.00) Dollars for any corporation, association, or other legal entity) for each violation. The imposition of a fine under this article shall not be suspended. Each day of violation after the expiration of the 30 day period provided in subsection (b) of this section shall constitute a separate offense for the purpose of calculating the civil penalty.
(§ 1, Ord. 1027, eff. May 6, 2005, as amended by § 273, Ord. 1095, eff. November 20, 2010)