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HomeMy WebLinkAbout2/5/2014 - STAFF REPORTS - 2.D. ao�PALMSO4 �Z Q u m Fo City Council Staff Report o4<raN�P DATE: February 5, 2014 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1839 AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1839. RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1839, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT- EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS." STAFF ANALYSIS: On January 15, 2014, Ordinance No. 1839 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1839, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS ZONING CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING Item No. 2 . D . ADOPTION OF ORDINANCE NO. 1839 February 5, 2014 Page 2 of 2 STANDARDS;" Motion Councilmember Lewin, seconded by Councilmember Foat and unanimously carried on a roll call vote.. AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, Es ity Clerk City Manager /kdh Attachment: Ordinance No. 1839 02 ORDINANCE NO. 1839 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, CA AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS. City Attorney Summary This Ordinance allows the use of Light-Emitting Diode lighting as a permitted fixture type for outdoor use in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. This Ordinance expressly authorizes the inclusion of LED (light-emitting diode) lighting, a more energy-efficient option to high pressure sodium lights, as a permitted outdoor lighting fixture type while maintaining the existing lighting intensity criteria, standards, and requirements. Thus, the Council finds that this Ordinance promotes and protects the public health, safety, and welfare of the people of the City of Palm Springs and provides for the social, physical, and economic advantages resulting from comprehensive and orderly planned use of land resources. B. The City Council has recently updated its Title 24 requirements with the update of the Building and Fire Codes and consistent with the provisions of Section i lighting CD11.1 of the City's General Plan, the City has reviewed is standards and this Ordinance effects changes consistent with such updates. C. The adoption of this Ordinance is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the Council it has determined the adoption of this Ordinance is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act because the Ordinance only provides insignificant changes to the title and provides additional lighting options that are in compliance with state energy conservation requirements (Title 24). D. A notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1308 ZTA (Zone Text Amendment) was given in accordance with applicable law and on December 11, 2013, a public hearing before the Planning Commission was held to review this Ordinance, and the Planning Commission reviewed and recommended unanimous approval of the Ordinance. E. A notice of public hearing of the City Council of the City of Palm Springs, California for Case 5.1308 ZTA (Zone Text Amendment) was given in accordance with applicable law and on January 15, 2014, a public hearing of the City Council was held to review this Ordinance, and the City Council reviewed and considered all of the evidence 03 Ordinance No. 1839 Page 2 presented in connection with the hearing on the Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDAINS: Section 1 . Paragraph B.4 of Section 93.21.00 of the Palm Springs Municipal Code is amended to read (as an exception from the regulations of Section 93.21.00): 4. In single family residential zones, fixtures containing lamps emitting less than one thousand eight hundred (1,800) lumens (twenty (20) watts for light emitting diode (LED) sources, twenty-six (26) watt for fluorescent lighting, fifty (50) watt for high intensity discharge, and one hundred (100) watt for incandescent) provided the light fixture is fully shielded and properly focused downward to minimize glare and spill light into the night sky and onto adjacent properties and does not exceed a height of fifteen (15) feet; Section 2. Paragraph C.2 of Section 93.21.00 of the Palm Springs Municipal Code is amended to read: 2. Entrance Lighting. Multi-family residential and nonresidential development shall provide glare-free light fixtures at building entrances and exits. Nonresidential developments shall provide for lighting in accordance with this chapter at all vehicle and pedestrian entrances and on-site vehicle intersections. Entrance lighting may not exceed a height of twelve (12) feet and must be high pressure sodium or light emitting diode sources. In order to promote safety, lighting levels at entrances shall not be less than equal to the average lighting level of the associated parking lot. Section 3. Paragraph C.6 of the Palm Springs Municipal Code is amended to read: 6. Hours of Operation. a. All off-street parking areas associated with multifamily residential, commercial and industrial uses shall be illuminated at night. Multifamily residential lighting systems shall provide the full illumination required herein throughout the night hours. Nonresidential uses shall provide the full illumination required during hours the facility is accessible to customers, employees and other users with a maximum of fifty (50) percent of full illumination provided throughout the remainder of night. Exterior lighting control shall meet the requirements of the State of California Title 24. b. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards and outdoor security may remain on all night. C. Outdoor lighting used for outdoor sales or eating areas, assembly or repair areas, signs, recreational facilities and other similar applications, shall be off between the time thirty (30) minutes after the closing of the business 04 Ordinance No. 1839 Page 3 and sunrise. Areas which contain approved permanent outdoor storage may be lighted at fifty (50) percent of full illumination. Section 4. Paragraph C.8 of Section 93.21.00 of the Palm Springs Municipal Code is renumbered as Paragraph C.7 (which was not previously referenced in the Code) and is amended to read: 7. Permitted Lamp Fixture Types. Lighting in parking areas is limited to high pressure sodium and light emitting diode (LED) sources. Metal halide and LED may be utilized to light architectural elements and pedestrian walkways. Section 5. Paragraph C.9 of Section 93.21 .00 of the Palm Springs Municipal Code is renumbered as Paragraph C.8. Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED at a regular meeting of the City Council on the _ day of 2014, by the following vote: Stephen P. Pougnet Mayor ATTEST: James Thompson City Clerk 05 Ordinance No. 1839 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 06 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs,CA 92262 760-778-4578/Fax 760-778-4731 i C.* 35 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000405515 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 2/15/2014 No 0252 ORDINANCE NO.IBM AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING PARA. GRAPHS B.4,C.2 C.e,8.8 AND C.9 OF SEC, TION 9321E.,66 OFYHE PALM SPRINGS MUNI IPALffOOGDHr RELATING TO pDTEHE�E��INCLUSION$) I acknowledge that I am a principal dark of the printer of PEPAI lu-ELMrrn NG IflXTt1REI TYPEAA F The Desert Sun, printed and published weekly in the City LOWED NRos E CrIyS OUTDOOR LIGHTING AL- of Palm Springs, County of Riverside, State of California. G The Desert Sun was adjudicated a newspaper of general ONYAtromey swnnlery '` This lights rke allows�e usetu We for 1i�rtLqq circulation on March 24, 1988 by the Superior Court of the Diode Ilghdn as a PerrdNed exwm type for ouf- County of Riverside, State of California Case No. dooruaeintie City. 191236. CERTIFICCaAyvTION !3I SpdnF,CaFromiH',dollemby canny th�th I declare under penalty of perjury that the foregoing is true diww No.i839 is a hull,hue,and oormct y, and was introduced at a regular meadnPalm '0f and correct. Executed on this 15th day of February, 2014 a CunsN on January 1 at a 9,2014, Cornell heN an February meeting of me py in Palm Springs,Cali ia. vote: ruary 5,2014,by 01e follow,mg AYES: Councilmembem Foal Levan, Mi1Ie, Mayor,Pro Tom Hutcheson,and Mayor Pougnet. NO None. ABSENT: None, ABSTAIN: None. JAMES THOMPSON,CITY CLERK City of Palm Springs,Califomia De n's Signatu re Published,2fl 5N4 an CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: February 5, 2014 Subject: Ordinance No. 1839 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on February 15, 2014. 11declare under penalty of perjury that the foregoing is true and correct. \L"vk� Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on February 12, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. ��412a& Kathie Hart, CMC Chief Deputy City Clerk ORDINANCE NO. 1839 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS. City Attorney Summary This Ordinance allows the use of Light-Emitting Diode lighting as a permitted fixture type for outdoor use in the City. CERTIFICATION I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1839 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on January 15, 2014, and adopted at a regular meeting of the City Council held on February 5, 2014, by the following vote: AYES: Councilmembers Foat, Lewin, Mills, Mayor, Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. Y0MS THOMPSON' CITYCLERK Palm Springs, California ORDINANCE NO. 1839 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS. City Attorney Summary This Ordinance allows the use of Light-Emitting Diode lighting as a permitted fixture type for outdoor use in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. This Ordinance expressly authorizes the inclusion of LED (light-emitting diode) lighting, a more energy-efficient option to high pressure sodium lights, as a permitted outdoor lighting fixture type while maintaining the existing lighting intensity criteria, standards, and requirements. Thus, the Council finds that this Ordinance promotes and protects the public health, safety, and welfare of the people of the City of Palm Springs and provides for the social, physical, and economic advantages resulting from comprehensive and orderly planned use of land resources. B. The City Council has recently updated its Title 24 requirements with the update of the Building and Fire Codes and consistent with the provisions of Section CD11.1 of the City's General Plan, the City has reviewed its lighting standards and this Ordinance effects changes consistent with such updates. C. The adoption of this Ordinance is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the Council it has determined the adoption of this Ordinance is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act because the Ordinance only provides insignificant changes to the title and provides additional lighting options that are in compliance with state energy conservation requirements (Title 24). D. A notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1308 ZTA (Zone Text Amendment) was given in accordance with applicable law and on December 11, 2013, a public hearing before the Planning Commission was held to review this Ordinance, and the Planning Commission reviewed and recommended unanimous approval of the Ordinance. E. A notice of public hearing of the City Council of the City of Palm Springs, California for Case 5.1308 ZTA (Zone Text Amendment) was given in accordance with applicable law and on January 15, 2014, a public hearing of the City Council was held to Ordinance No. 1839 Page 2 review this Ordinance, and the City Council reviewed and considered all of the evidence presented in connection with the hearing on the Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDAINS: SECTION 1. Paragraph B.4 of Section 93.21.00 of the Palm Springs Municipal Code is amended to read (as an exception from the regulations of Section 93.21.00): 4. In single family residential zones, fixtures containing lamps emitting less than one thousand eight hundred (1,800) lumens (twenty (20) watts for light emitting diode (LED) sources, twenty-six (26) waft for fluorescent lighting, fifty (50) waft for high intensity discharge, and one hundred (100) watt for incandescent) provided the light fixture is fully shielded and properly focused downward to minimize glare and spill light into the night sky and onto adjacent properties and does not exceed a height of fifteen (15) feet; SECTION 2. Paragraph C.2 of Section 93.21.00 of the Palm Springs Municipal Code is amended to read: 2. Entrance Lighting. Multi-family residential and nonresidential development shall provide glare-free light fixtures at building entrances and exits. Nonresidential developments shall provide for lighting in accordance with this chapter at all vehicle and pedestrian entrances and on-site vehicle intersections. Entrance lighting may not exceed a height of twelve (12) feet and must be high pressure sodium or light emitting diode sources. In order to promote safety, lighting levels at entrances shall not be less than equal to the average lighting level of the associated parking lot. SECTION 3. Paragraph C.6 of the Palm Springs Municipal Code is amended to read: 6. Hours of Operation. a. All off-street parking areas associated with multifamily residential, commercial and industrial uses shall be illuminated at night. Multifamily residential lighting systems shall provide the full illumination required herein throughout the night hours. Nonresidential uses shall provide the full illumination required during hours the facility is accessible to customers, employees and other users with a maximum of fifty (50) percent of full illumination provided throughout the remainder of night. Exterior lighting control shall meet the requirements of the State of California Title 24. b. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards and outdoor security may remain on all night. C. Outdoor lighting used for outdoor sales or eating areas, assembly or repair areas, signs, recreational facilities and other similar applications, shall be off between the time thirty (30) minutes after the closing of the business Ordinance No. 1839 Page 3 and sunrise. Areas which contain approved permanent outdoor storage may be lighted at fifty (50) percent of full illumination. SECTION 4. Paragraph C.8 of Section 93.21.00 of the Palm Springs Municipal Code is renumbered as Paragraph C.7 (which was not previously referenced in the Code) and is amended to read: 7. Permitted Lamp Fixture Types. Lighting in parking areas is limited to high pressure sodium and light emitting diode (LED) sources. Metal halide and LED may be utilized to light architectural elements and pedestrian walkways. SECTION 5. Paragraph C.9 of Section 93.21.00 of the Palm Springs Municipal Code is renumbered as Paragraph C.8. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL ON THE 5T" DAY OF FEBRUARY, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1839 Page 3 and sunrise. Areas which contain approved permanent outdoor storage may be lighted at fifty (50) percent of full illumination. SECTION 4. Paragraph C.8 of Section 93.21.00 of the Palm Springs Municipal Code is renumbered as Paragraph C.7 (which was not previously referenced in the Code) and is amended to read: 7. Permitted Lamp Fixture Types. Lighting in parking areas is limited to high pressure sodium and light emitting diode (LED) sources. Metal halide and LED may be utilized to light architectural elements and pedestrian walkways. SECTION 5. Paragraph C.9 of Section 93.21.00 of the Palm Springs Municipal Code is renumbered as Paragraph C.8. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL ON THE 5TH DAY OF FEBRUARY, 2014. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1839 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on January 15, 2014, and adopted at a regular meeting of the City Council held on February 5, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California