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Item 1.8 - Adoption of Ord. 825; Est Regs for Street Lighting ZOA 18-004OF PO P9Y City of Poway °ry CO COUNCIL AGENDA REPORT DATE: February 5, 2019 TO: Honorable Mayor and Members of the City Council FROM: A. Kay Vinson, Interim City Clerk (1W CONTACT: A. Kay Vinson, Interim City Clerk (858) 668-4535 or kvinson(cilpoway.org APPROVED 9 APPROVED AS AMENDED ❑ (SEE MINUTES) None DENIED ❑ REMOVED ❑ CONTINUED Ordinance No, 825 SUBJECT: Second Reading and Adoption of Ordinance No.825 entitled, "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) " Summary: The introduction and first reading of the above -entitled Ordinance was approved at a Regular City Council Meeting on January 15, 2019. All Councilmembers were present. There were two public speakers. The Ordinance is now presented for second reading and adoption by title only Vote at first reading: AYES: Mullin, Leonard, Frank, Grosch, Vaus ABSTAINED: None ABSENT: None DISQUALIFIED: None Recommended Action: Adopt Ordinance No. 825 Fiscal Impact: There is no fiscal impact associated with adopting the attached ordinance. Environmental Review: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQX) 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 a similar color temperature which are housed within existing street light facilities involving no expansion of the existing use. Public Notification: Notice of public hearing was published in the Poway News Chieftain on Thursday, January 3, 2019. 1 of 7 February 5, 2019, Item # 1.8 Attachment: A. Ordinance No. 825 Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Tina White Assistant City Manager City Attorney City Manager 2 of 7 February 5, 2019, Item # 1.8 • ORDINANCE NO. 825 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 OLLOWS: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 s#ikethroughs 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 a similar color temperature which are housed within existing street light facilities involving no expansion of the existing use. 3 of 7 February 5, 2019, Item # 1.8 SECTION 3: Chapter 13.15 of the PMC shall be added as follows: 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. 13.15.010 Purpose and scope. It is the purpose and scope of this Chapter to provide street lighting standards to minimize glare light trespass, and artificial sky glow for the benefit of the citizens of the city, and to promote lighting design that provides for public safety, utility and productivity while conserving energy and 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. C. Using shielded outdoor light fixtures' D. Using light emitting diode (LED), or other equivalent energy efficient outdoor light fixtures, with a correlated color temperature (CCT) of three thousand (3,000) Kelvin (K) or less; and 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. "Correlated color temperature" or "CCT' means the color temperature measured in Kelvins (K) that describes the overall color tone of a white light source. "Glare" means difficulty seeing in the presence of bright light such as direct or reflected artificial lights. "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 February 5, 2019, Item # 1.8 "Outdoor light fixture" means an artificial lighting assembly (including lamp, housing, reflectors lenses and shields) which is permanently installed outdoors including, but not limited to, lights for roadways, walkways, parking lots, open canopies, product display areas, landscape and architectural accents, security, recreational facilities, advertising and decorative effects. "Person" means any individual, partnership, venture, corporation or entity, the singular of which becomes plural. "Shielding" means a combination of techniques or methods of construction, mounting and focusing, which causes all light emitted from an outdoor light fixture, either directly from the lamp or indirectly from the fixture, to be projected below an imaginary horizontal plane passing through the lowest light-emitting point of the fixture (zero (0) up-light rating). "Sky glow" means visible light in the sky resulting from light that is reflected and/or refracted by water vapor, dust and other pas molecules in the atmosphere. "Watt" means the unit of measure of the electrical power consumption of a lamp (not the fight 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 light fixtures for street lighting and safety lighting at intersections installed after the effective date of this chapter and thereafter maintained shall comply with the following: 1. Only LED, or other equivalent energy efficient outdoor light fixtures, with a CCT of 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 Roadway Classifications of the General Plan Transportation Element, only LED, or other equivalent energy efficient outdoor light fixtures, with a CCT of three thousand (3,000) Kelvin or less and up to 115 watts shall be utilized. Street lights within rural residential areas shall be limited 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 lighting is turned on before dusk and off at dawn as much as practical. 3. In order to preserve the night sky, the types, locations and controlling devices of outdoor light fixtures shall minimize glare, upward light and artificial sky glow and light pollution and light trespass (spill-over) onto adjacent properties. 4. All outdoor light fixtures shall be installed in conformity with this chapter, all other applicable provisions of the Poway Municipal Code, the California Building Code, the National Electrical Codes, the California Energy Code and the California Green Building Code. All outdoor light fixtures shall be field inspected and approved prior to requesting energizing or acceptance. D. Additional standards for street lighting installed on public rights-of-way and private roads are found in the City of Poway Supplemental Engineering Standards. 5 of 7 February 5, 2019, Item # 1.8 • Chapter 13.15.040 Exemptions. A. All outdoor light fixtures existing and legally installed prior to the effective date of this chapter are exempt from the requirements of this chapter. 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 types of lighting producing four thousand and fifty (4,050) lumens or less are exempt from the requirements of this chapter. Chapter 13.15.050 Conflicts. Where any provision of the statutes, codes or laws of the United States of America or the State of California conflict with any provision of this chapter, the most restrictive shall apply unless otherwise required by law. 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. 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, California, 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 6 of 7 February 5,2019, Item # 1.8 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. 825 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 February'5, 2019, Item # 1.8