ORDINANCE NO. 5035 AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA BARBARA AMENDING TITLE 22 OF THE SANTA BARBARA MUNICIPAL CODE BY ADDING CHAPTER 22.75 AND AT AMENDING CHAPTERS 22.22 AND 22.68, REGARDING THE REGULATION OF OUTDOOR LIGHTING FIXTURES FOR THE PURPOSES OF MINIMIZING LIGHT POLLUTION AND ELIMINATING NUISANCE LIGHTING. WHEREAS, there is a need for a lighting ordinance within the City of Santa Barbara which recognizes the benefits of outdoor lighting and which provides clear guidelines for its installation and proper use so as to help maintain and complement the City's night time character and in order to reduce light pollution, to minimize the negative effects of sky glow caused by improper lighting, and to eliminate unnecessary nuisance lighting. WHEREAS, appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the City and will help to preserve the semi-rural character of many areas of the City. WHEREAS, in order to preserve and enhance the unique qualities of Santa Barbara's residential neighborhoods and visual environment, it is essential to encourage the highest quality of outdoor night time lighting through the adoption of performance standards. Good lighting design increases safety, enhances the City's night-time character, respects the privacy of neighbors, and is energy efficient. WHEREAS, poorly designed lighting may compromise safety, security, and visibility through excessive glare, and diminishes privacy and wastes energy through misdirected light. WHEREAS, this ordinance is intended to recognize the benefits of outdoor night-time lighting and to provide clear guidelines for the design, installation, and use of lighting in order to help maintain and complement the character of Santa Barbara. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS: Section 1. Title- 22 of the Santa Barbara Municipal Code is amended by adding a new chapter, Chapter 22.75, which reads as follows: Page 1 of 9 CITY OF SANTA BARBARA OUTDOOR LIGHTING ORDINANCE Section 22.75.010. Purpose. In order to preserve and enhance the unique qualities of Santa Barbara's residential neighborhoods and its visual environment, it is essential to encourage the highest quality of outdoor night-time lighting through the adoption of lighting standards. This ordinance is intended to reduce problems created by improperly designed and incorrectly installed outdoor lighting, particularly in the City's residential zones. It is intended to provide for safety and security concerns, without contributing to the problems associated with glare, light trespass, or skyglow, and to promote the efficient use of energy. This ordinance establishes certain regulations and design review requirements intended to limit the uses of outdoor lighting to certain appropriate land uses and to prohibit the use of certain lighting fixtures. This ordinance recognizes the benefits of outdoor night-time lighting and provides clear guidelines for its design and installation to help maintain and complement Santa Barbara's character. Section 22.75.020. Definitions. For the purposes of this Title, the following words and phrases shall have the meanings set forth herein: A. Adjacent. Immediately next to. B. AMBIENT LIGHTING. The general character and overall level of illumination in a particular area. C. DIRECT UPWARD LIGHT EMISSION. Light rays that are emitted from a fixture that are above a horizontal plane intersecting that light source or fixture. D. GLARE. Brightness in the field of view that is sufficiently greater than the amount to which the eye is adapted, causing annoyance, discomfort, or loss of visual performance and visibility. E. LASER LIGHTS. A laser source light, or any similar high intensity light, used for outdoor advertising or entertainment, when projected above the horizontal. F. LIGHT SOURCE Any man-made light source, or collection of light sources that produce light by any means. G. LIGHT TRESPASS Light produced by a Lighting Fixture that illuminates a surface beyond the boundaries of the property on which it is located. Page 2 of 9 H. LIGHTING FIXTURE. A complete unit consisting of a Light source together with a housing and parts designed to distribute and aim the light, located outside a building, including but not limited to, fixtures attached to any part of a structure, located on the surface of the ground, or located on free standing poles. I. LOW VOLTAGE. Operating at 24 volts or less or as defined by Section 551-2 of the National Electrical Code (1993 edition) or as such Code is subsequently amended from time to time. J. NUISANCE LIGHTING. Includes, but is not limited to, Glare, Light Trespass, and Skyglow. K. OUTDOOR LIGHTING. The night time illumination of an outside area or object, or any man-made light emitting object located outdoors. L. OUTDOOR RECREATIONAL COURT. Includes, but is not limited to, a field, court, or other area, whether permanent or temporary, designed or used for playing any sport or game, such as tennis, volleyball, basketball, or badminton, or similar outdoor game or sport, but not including lighting for a swimming pool which is located beneath the surface of the water. M. SEARCHLIGHT. A mobile or fixed projector designed to produce an approximately parallel beam of light which is aimed above the horizontal plane, the use of which includes, but is not limited to, advertising for special events. N. SHIELDED. A Lighting Fixture having a configuration of the housing or optics that prevents a direct view to the light source from normal viewing angles (i.e., less than 20@ above the horizontal plane). O. SKYGLow. The adverse effect of brightening of the night sky due to man-made lighting. Section 22.75.030. Certain Lighting Prohibited. A. GENERAL PROHIBITIONS. The use of the following Lighting Fixtures shall be prohibited in all zones of the City: 1. Mercury vapor and low-pressure sodium fixtures and lamps except when used for landscape lighting accent purposes. 2. Searchlights, Laser Lights, or similar high intensity outdoor lights except pursuant to a special lighting event permit granted pursuant to subsection C hereof. 3. Lighting Fixtures mounted in such a way as to illuminate a roof or an awning. 4. Lighting Fixtures mounted to aim light only towards a property line. Page 3 of 9 5. Lighting Fixtures mounted in a way that is distracting to motorists or in a way that interferes with the safe operation of a motor vehicle, as may be determined by the City Engineer. 6. Lighting that is blinking, moving, or which changes in intensity --except small temporary lighting fixtures installed and used only during the period between the last week of November and first week of January of the following year. B. OUTDOOR recreational COURT LIGHTING IN RESIDENTIAL AREAS. The lighting of an Outdoor Recreational Court is prohibited in all residential zones of the City except where such a Court is located on a property used for non-residential purposes in accordance with the applicable provisions of Title 28 for non-residential uses in residential zones. C. SPECIAL LIGHTING EVENTS. Upon the application of a property owner or a business within the City, the Community Development Director may grant a temporary permit for the use of a searchlight, laser light or other similar lighting fixture for a period not to exceed eight (8) consecutive hours, provided that no such permit shall be granted for any one property (or business location) within the City more often than five (5) times during any 180 day period and provided further that in no case shall a searchlight, laser light, or other similar lighting fixture be operated pursuant to such a permit between midnight and sunrise. Section 22.75.040. Certain Lighting Exempted. The use of the following Lighting Fixtures and Light Sources are exempted from regulation pursuant to this Chapter: A. LOW VOLTAGE FIXTURES. Low Voltage lighting except for those Fixtures regulated pursuant to subsection 22.75.030A(6) above. B. CONTROLLED FIXTURES. A Lighting Fixture controlled by a motion detector in a residential zone provided the motion detector is predominantly in the off mode and it is installed to minimize Nuisance Lighting. Section 22.75.050. Outdoor Lighting Review by the Architectural Board of Review and the Historic Landmarks Commission. Those projects for which review is required by the Architectural Board of Review pursuant to the requirements of Chapter 22.68 and those projects for which review is required by the Historic Landmarks Commission pursuant to Chapter 22.22 shall also be reviewed for consistency with the City Outdoor Lighting Design Guidelines approved by resolution of the City Council. Page 4 of 9 Section 22.75.060. Control of Nuisance- Lighting in and adjacent to Residential Zones. A. GENERALLY. Outdoor lighting in residential zones and outdoor lighting on real properties adjacent to residential zones shall be designed, installed, and operated so that it is compatible with the ambient lighting of the neighborhood in which it is located. Such lighting shall be designed, installed, and operated to control glare, prevent light trespass onto adjacent areas, minimize direct upward light emission, promote effective security, avoid interference with safe operation of motor vehicles. The minimum intensity needed for the intended purpose shall be used. B. ENFORCEMENT. The staff of the Community Development Department shall be responsible for the enforcement of this Section provided, however, that enforcement shall occur only upon a written complaint and upon a determination by City enforcement staff that the light or lights constitutes Nuisance Lighting which is unreasonably and negatively affecting a neighboring resident. Upon such a determination, the light or lights shall constitutes a public nuisance which may be abated by the City and which, if necessary, may be enjoined by a court of competent jurisdiction. C. ENFORCEMENT MEASURES. Prior to the initiation of legal measures for the enforcement of this Section, the staff of the Community Development Department shall attempt to remedy a reasonable complaint concerning Nuisance Lighting by recommending or, if necessary, by requiring the property owner of the property from which the light emanates to take appropriate steps to eliminate the Nuisance Lighting. Such steps may include, but are not limited to, each of the following (or any combination thereof) in the priority listed herein: 1. The use and application of appropriate lighting equipment, fixture locations, shielding, light sources and illumination intensities, and through the elimination of unnecessary lighting. 2. Nuisance Lighting control through the use of vegetation, landscaping, fences or similar screening methods and fixture aiming adjustments. 3. Restrictions on the hours of operation or by requiring the use of motion detector switches or timers to trigger the lights only on an as needed basis. 4. The preparation and implementation of a professional lighting plan designed to avoid Nuisance Lighting which plan is reviewed by and acceptable to the Architectural Board of Review or the Historic Landmarks Commission, as applicable. D. PRIVATE RIGHT OF ACTION. Any aggrieved person may enforce the provisions of this Section by means of a civil action seeking injunctive relief in a court of competent jurisdiction. Page 5 of 9 Section 2. Chapter 22.22 of Title 22 of the Santa Barbara Municipal Code is amended to amend Section 22-22.104 and Section 22.22.130 to read as follows: Section 22.22.104 Required Architectural styles. A. Any structure hereafter constructed or altered as to its exterior appearance and located within El Pueblo VieJo Landmark District shall, as to its exterior architecture, be compatible with the Hispanic tradition as it has developed in the City of Santa Barbara from the later 18th century to the present, with emphasis on the early 19th century "California Adobe" and "Monterey Revival" styles, and the "Spanish Colonial Revival" style of the period from 1915 to 1930. Examples of these styles are: 1. Hill-Carrillo Adobe ("California Adobe"). 2. De la Guerra Adobe ("California Adobe"). 3. Covarrubias Adobe ("California Adobe"). 4. Mihran Studios ("Monterey Revival"). 5. Arlington Theatre ("Spanish Colonial Revival"). 6. Santa Barbara County Courthouse ("Spanish Colonial Revival"). 7. El Paseo ("Spanish Colonial Revival"). 8. Lobero Theatre ("Spanish Colonial Revival"). B. LANDMARKS AND STRUCTURES OF MERIT. A designated landmark or structure of merit not conforming to any of the architectural styles required in Sections 22.22.100(A.) and 22.22.104(A.) of this chapter may be altered on the exterior for the purpose of restoration of its original appearance, or to substantially aid its preservation or enhancement, in its particular architectural style with the prior written approval of the Commission or City Council under Section 22.22.170. C. OUTDOOR LIGHTING. Any structure hereafter constructed or altered as to its exterior appearance and located within El Pueblo Viejo Landmark District shall comply with the applicable requirements of Chapter 22.75 as to its outdoor lighting and with the City s Outdoor Lighting Design Guidelines. Section 22.22.130 El Pueblo Viejo Landmark District and Brinkerhoff Avenue- Landmark District. A. APPROVAL FOR CONSTRUCTION, DEMOLITION, MOVING OR EXTERIOR ALTERATION. No structure or real property in El Pueblo Viejo Landmark District or Brinkerhoff Avenue Landmark District shall be constructed, demolished, moved or altered on its exterior without the approval of the Commission or City Council upon appeal. Minor alterations specified in the Historic Landmarks Commission Rules and Procedures, adopted from time to time by resolution, may be allowed subject to the review of the Community Development Director or his/her representative. Page 6 of 9 B. PROCEDURE. Any application for an approval or permit to construct, demolish, move or alter the exterior of any structure or real property located within El Pueblo Viejo Landmark District or Brinkerhoff Avenue Landmark District, together with plans, elevations and site plans therefore, shall be referred to the Commission for review. A permit shall not be issued without the prior written approval of the Commission or City Council upon appeal. Any change of the exterior color or the outdoor lighting of any structure shall be referred to the Commission for review. If a building permit is not required, there shall not be any exterior alteration or change of exterior color unless there has been a final written approval of the Commission, where required, or the City Council upon appeal. The Commission or City Council on appeal shall not approve issuance of such permit unless the plans conform to the provisions of this chapter. Any application shall be considered and either approved or disapproved by the Commission at its next regularly scheduled meeting for which an agenda has not been finalized after completion of any required environmental assessment, but may be continued to the next regular meeting. In the absence of timely oral or written objection by the applicant, the Commission may continue consideration of an application to subsequent meetings. In the event an applicant objects to continuance by the Commission and if the Commission takes no action on the application, then the application shall be deemed approved. Section 3. Section 22.68.040 of Chapter 22.68 of the Santa Barbara Municipal Code is amended to read as follows: 22.68.040 Applicability. A. BUILDING PERMITS - NONRESIDENTIAL, MULTIPLE RESIDENTIAL, TWO OR MORE STORY DUPLEX, TWO OR MORE DETACHED RESIDENTIAL UNITS AND MIXED USE. Except for properties located within El Pueblo Viejo Landmark District or another landmark district, and except for designated Landmarks [see Chapter 22.22], all applications for building permits to erect or alter the exterior of a non- residential, multiple residential, two or more story duplex or mixed use (residential and non-residential) building or structure or which will result in two or more detached residential units on one lot, shall be referred to the Architectural Board of Review for review. B. BUILDING PERMITS - SINGLE-RESIDENTIAL AND ONE-STORY DUPLEX UNITS, NEIGHBORHOOD PRESERVATION. Except for properties located within El Pueblo Viejo Landmark District or another landmark district, and except for designated Landmarks [see Chapter 22.22], applications for building permits to erect or alter the exterior of a single residential or one-story duplex building or structure shall be referred to the Architectural Board of Review for review if: 1. Any portion of the lot or lots is in a special design district described in Section 22.68.110; or Page 7 of 9 2. All new, and all additions to existing, single- residential and one-story duplexes, garages, and accessory structures on the lot will result in a combined floor area in excess of four thousand (4,000) square feet or a floor area to lot area ration of thirty-five percent (25%) of greater; or 3. All additions, demolition and replacement, remodel or reconstruction projects which will result in an increase in the combined floor area of all structures on the site of more than fifty percent (50%) above the combined floor area of all structures constructed pursuant to valid building permits, existing on the site as of July 1, 1992. C. GRADING AND VEGETATION REMOVAL PERMITS. All applications for grading permits involving grading and all vegetation removal permits on a lot or lots located within a Special Design District described in Section 22.68.110, shall be referred to the Architectural Board of Review or the Historic Landmarks Commission for review, as applicable. In order to approve any grading or vegetation removal permit, the Architectural Board of Review or Historic Landmarks Commission must find, in addition to the findings in Section 22.68.060, that the proposed grading or vegetation removal permit: 1. Will result in no significant increase in siltation or decrease in water quality of streams, drainages or water storage facilities to which the property drains; and 2. Will result in no substantial loss of southern oak woodland habitat; and 3. Is in compliance with all applicable provisions of Chapter 22.10, Vegetation Removal, of this Code. D. GRADING PLANS. All subdivision grading plans involving grading on a lot or lots located within a special Design District described in Section 22.68.110, shall be referred to the Architectural Board of Review or the Historic Landmarks Commission for review, as applicable. E. EXTERIOR COLOR. Any change of the exterior color of a non-residential building or a residential project with more than two residential units which is subject to the review of the Architectural Board of Review or another alteration, shall be referred to the Architectural Board of Review for review of exterior color. F. OUTDOOR LIGHTING. Any change of or addition to the outdoor lighting of any building or property subject to review by the Architectural Board of Review shall comply with Chapter 22.75 and with the City's Outdoor Lighting Design Guidelines. G. HIGHWAY 101 IMPROVEMENTS. Improvements to Highway 101 or appurtenant highway structures which require a Coastal Development Permit pursuant to municipal Code Section 28.45.009 and which are located within the Highway 101 Santa Barbara Coastal Parkway Special Design District as defined by Municipal Code Section 22.68.110 shall be referred to the Architectural Board of Review Page 8 of 9 for review, except for improvements to those portions of Highway 101 and its appurtenant structures that are located within the El Pueblo Viejo Landmark District subject to review pursuant to SBMC S22.22.140 (B). H. SUBMITTAL REQUIREMENTS Applications for review by the Architectural Board of Review shall be made in writing in such form as is approved by the Director of Community Development. Submittal requirements shall be established subject to approval by the C Community Development Director. Bill No. 5052 Ordinance No. 5035 Adopted December 9, 1997 Page 9 of 9