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Item 3.2 - Adoption of an Ord amending Title 13 Estab. Street Lighting Regs; ZOA 18-004DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT January 15, 2019 Honorable Mayor and Members of the City Counc�� ARobert Manis, Director of Development Servicesf11l David De Vries, City Planner v� (858)668-4604 or ddevries@poway.org APPROVED ■ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. Adoption of an Ordinance amending Title 13 of the Poway Municipal Code (PMC) establishing Street Lighting regulations; Zoning Ordinance Amendment (ZOA) 18-004 The proposed Ordinance will amend Title 13 of the Poway Municipal Code (PMC) to provide standards for street lighting to convert existing low-pressure sodium (LPS) street and safety lights to light emitting diode (LED) fixtures. Recommended Action: It is recommended that the City Council take public input; close the public hearing, introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule adoption of the attached Ordinance for February 5, 2019. Discussion: The City's Public Works Department has been informed that LPS bulbs will no longer be available after July 2019. The City reviewed options for replacing approximately 3,300 LPS street lights because LPS bulbs are being phased out by the sole remaining manufacturer. A capital improvement project to begin changing out the light fixtures is anticipated to begin in Spring 2019. LPS lights are currently in use within the City and LPS has historically been the industry standard, however, many jurisdictions have already changed their standards to allow for or require LED street lighting because of industry trends and manufacturers are phasing out LPS lights. Most of the jurisdictions that use LED street lights restrict their lights' color temperature, which includes brightness, glow intensity, and color measured in Kelvin (K). Light fixtures between 2,000 and 3,000 K reflect a soft white glow, often yellow in appearance (best for living rooms, dining rooms, bedrooms and outdoor spaces) and fixtures between 3,100 and 4,500 K reflect a brighter amount of white light (best for kitchens, offices, work spaces and vanities where task lighting is needed). Dark sky principles prefer a street light Kelvin rating at or below 3,000 K. The City of Oceanside and the City of San Marcos both use color temperatures of 3,000 K for street lighting and 4,000 K for safety lights. Safety lights are the street lights on top of intersection traffic signal poles. Unlike the orange light that LPS produces, LED street light fixtures are a cooler, white light under which it is easier to see true colors. The City selected several street lights in different areas of the City and changed the LPS bulbs to LED bulbs from different manufacturers to pilot the LED conversion. As a result of the pilot and 1 of 7 January 15, 2019, Item #3.2 Street Lighting Ordinance January 15, 2019 Page 2 research amongst dark sky policies and various jurisdictional standards, staff recommends adoption of a color temperature not to exceed 2,700 K for street lights on both private and public streets along local collectors and a color temperature not to exceed 3,000 K along major arterial and collector streets. This allows for enhanced lighting for pedestrian and bicycle pathways along major arterial and collector streets. Policies within the General Plan and Habitat Conservation Plan encourage light sources within rural residential areas to be limited except where essential for safety and security purposes and where street lights already exist. All proposed standards comply with dark sky policy recommendations for street lights. Street lights are proposed to operate from dusk to dawn with photocells that are similar to those currently used. In order to preserve the night sky, the types, locations and controlling devices of street lights shall be adjusted to minimize glare, upward light and artificial sky glow to restrict light pollution and light trespass (spill-over) onto adjacent properties. The use of LED street lights will enhance public safety, save energy, extend the life span for fixtures, reduce maintenance, and provide residents with better light quality on streets and roadways. Environmental Review: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines because this is an ordinance intended to allow the replacement of LPS street light fixtures with LED fixtures at an equivalent or reduced color temperature which are housed within existing street light facilities involving no expansion of the existing use. Fiscal Impact: None. Public Notification: Notice of this hearing was published in the Poway News Chieftain on January 3, 2019. Attachments: A. Ordinance amending Title 13 of the Poway Municipal Code. Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Tina M. White Assistant City Manager City Attorney City Manager 2 of 7 January 15, 2019, Item #3.2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 13 OF THE POWAY MUNICIPAL CODE ESTABLISHING REGULATIONS FOR STREET LIGHTING (ZONING ORDINANCE AMENDMENT 18-004) WHEREAS, Zoning Ordinance Amendment (ZOA) 18-004 is requested to allow the conversion of low-pressure sodium (LPS) street and safety light fixtures to light emitting diode (LED) technology; WHEREAS, LED has two to four times as long of a lifespan as most fluorescent, metal halide, and even sodium vapor lights; LED consumes very low amounts of energy; LED emits almost no forward heat for improved safety; LED is able to operate at virtually any percentage of their rated power (0 to 100 percent); LED does not contain mercury internal to the bulb and does not require hazardous waste disposal; and LED is available in a variety of color temperatures; WHEREAS, the City Council seeks to regulate the color temperature of street lights within the City and desires to adopt standards for new energy efficient lighting technology; WHEREAS, the City staff is concerned about the unavailability of LPS street light bulbs in California; WHEREAS, the South Poway Specific Plan and the Habitat Conservation Plan reference street lighting standards and policies requiring LPS lighting systems and it is interpreted that the intent of these policies and standards is to include their LED equivalency for color temperature as much as practical and "dark sky" policies shall continue to be complied with to the satisfaction of the City Engineer; WHEREAS, on January 15, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, ZOA 18-004; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby approves ZOA 18-004 and amends certain sections of the Poway Municipal Code as specified below. Removals are indicated with StFikethroughs and additions are indicated with underline. SECTION 2: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines because this is an ordinance intended to allow the replacement of LPS street light fixtures with LED fixtures at an equivalent or reduced color temperature which are housed within existing street light facilities involving no expansion of the existing use. SECTION 3: Chapter 13.15 of the PMC shall be added as follows: 3 of 7 ATTACHMENT A January 15, 2019, Item #3.2 Chapter 13.15 STREET LIGHTING Sections: 13.15.010 Purpose and scope. 13.15.020 Definitions. 13.15.030 General Provisions. 13.15.040 Exemptions. 13.15.050 Conflicts. Ordinance No. Page 2 resources by: A. Using outdoor light fixtures with good optical control to distribute the light in the most effective and efficient manner; B. Using the minimum amount of light to meet the lighting criteria; E. Energizing outdoor light fixtures only when necessary, by means of photocell devices from dusk to dawn. 13.15.020 Definitions. Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section: "Photocell device" means a clock device which automatically activates and deactivates outdoor light fixtures or circuits. "Glare" means difficulty seeing in the presence of bright light such as direct or reflected artificial MAL "Kelvin" means the unit of measure of the color temperature of light sources. "Lamp" means a device that produces light. "LED" means light emitting diode which is a semiconductor device that converts electricity into light. "Light trespass" means light falling across property boundaries onto property not containing the originating light source. "Lumen" means a quantitative unit measuring the actual amount of visible light produced by a lamp. 4 of 7 January 15, 2019, Item #3.2 Ordinance No. Page 3 "Outdoor light fixture" means an artificial lighting assembly (including lamp, housing, reflectors, "Person" means any individual, partnership, venture, corporation or entity, the singular of which becomes plural. "Sky plow" means visible light in the sky resulting from light that is reflected and/or refracted by water vapor, dust and other gas molecules in the atmosphere. "Watt" means the unit of measure of the electrical power consumption of a lamp (not the light output). 13.15.030 General Provisions. A. When not inconsistent with the context words used in the present tense include the future; words in the singular number include the plural: and those in the plural number include the singular. B. The word "shall' is mandatory and the word "may" is permissive. C. Outdoor liqht fixtures for street liqhtinq and safety lighting at intersections installed after two thousand seven hundred (2,700) Kelvin or less and up to 70 watts shall be utilized, except where otherwise noted in this chapter. Along Arterials and Collector streets as defined in the except where essential for safety and security purposes and where street lights already exist. 2. All outdoor light fixtures shall be equipped with photocell devices so that such 4. All outdoor light fixtures shall be installed in conformity with this chapter, all other D. Additional standards for street lighting installed on public righl are found in the City of Poway Supplemental Engineering Standards. 5 of 7 January 15, 2019, Item #3.2 Ordinance No. Page 4 B. Temporary uses and holiday lighting not exceeding forty-five (45) consecutive days during any one (1) year period are exempt from the requirements of this chapter. C. All shielded outdoor light fixtures and other tvpes of lighting producing four thousand and Chapter 13.15.050 Conflicts. SECTION 4: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 5: This Ordinance shall be codified. 6 of 7 January 15, 2019, Item #3.2 Ordinance No. Page 5 EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 15th day of January 2019, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. , was duly adopted by the City Council at a regular meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: A. Kay Vinson, Interim City Clerk City of Poway 7 of 7 January 15, 2019, Item #3.2