Planning Commission Staff Report Hearing of July 26, 2018

Transcription

1 Planning Commission Staff Report Hearing of July 26, 2018 County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) Subject: Public Hearing to Consider County-Initiated Amendments to Articles 2, 3, 4, 5, 9 and 18 of the Ventura County Non-Coastal Zoning Ordinance to add a New Dark Sky Overlay Zone for Parcels located within the unincorporated Ojai Valley; Supervisorial District 1 (PL ). A. PROJECT INFORMATION 1. Applicant: County of Ventura, 800 S. Victoria Avenue, Ventura, California, Location: The proposed amendments to the Ventura County Non-Coastal Zoning Ordinance (NCZO) would be applicable to all parcels located within the boundaries of the Ojai Valley Municipal Advisory Council (MAC) area shown in the location map found in Exhibit Request: Planning Division staff requests that your Commission review this staff report and its attachments and adopt a resolution (See Exhibit 3 for a draft resolution) recommending that the Board of Supervisors (Board) adopt the staff recommended actions stated in Section F of this report, which include approval of the proposed text and map amendments to the NCZO to establish a Dark Sky Overlay Zone in the Ojai Valley (Exhibits 4 and 5). 4. Review/Decision-Making Authority: Under the NCZO and state law, your Commission is required to review, conduct a public hearing on, consider and make recommendations to the Board regarding the proposed ordinances amending the NCZO. The Board, at a subsequent public hearing, will consider your Commission s recommendations and decide whether to adopt, not adopt or adopt with modifications the proposed ordinances. 5. History and Background: On September 16, 2014, the Board directed Planning Division staff to prepare outdoor lighting regulations for the unincorporated areas located within the Ojai Valley MAC boundaries. In late 2015, the Board prioritized the Planning Division work program, directing staff to prepare the Ojai Valley Dark Sky Overlay Zone in

2 Page 2 of 20 The proposed regulations are intended to achieve the following: Improve the ability to view the night sky and stars; Provide greater tranquility and maintenance of the rural ambience; Minimize light pollution by protecting against direct glare and excessive lighting; and, Promote safe and efficient levels of outdoor lighting; thereby reducing energy use. In October 2016, the Board directed Planning Division staff to add preparation of a second dark sky overlay zone specific to the Santa Monica Mountains to the Division work program. Due to the separate certification process required for Coastal Zoning Ordinance amendments, the Board directed Planning Division staff to complete the Ojai Valley Dark Sky Ordinance before beginning work on the Santa Monica Mountains overlay. Project Setting The Ojai Valley is uniquely located within Ventura County. Situated along the southern base of the Los Padres National Forest, the City of Ojai and the unincorporated existing communities within the area are nestled between the hills on all sides. Although it is generally rural in nature, the majority of the developed areas within the Ojai Valley are located within the Ojai Valley MAC area in the communities of Oak View, Casitas Springs, Mira Monte and Meiners Oaks. There are over 7,200 parcels within the boundaries of the Ojai Valley MAC shown in Exhibit 2. The majority of parcels within the MAC area are zoned Rural or Urban Residential (approximately 85 percent of all parcels). A smaller percentage of parcels are zoned Agricultural Exclusive (approximately three percent), and Open Space or Timberland Preserve (approximately nine percent). Generally larger in size, the Agricultural and Open Space zoned parcels surround the residential communities. Commercial and Industrial zoned parcels constitute the remaining three percent of all parcels within the MAC area and are generally located along State Route 33. Table 1 includes a detailed breakdown of the zoning of all parcels within the MAC area. Although the Ojai Valley area is far less developed than the neighboring cities of Ventura, Oxnard, Santa Barbara or Los Angeles, the cumulative light pollution in the Ojai area has increased over the years, including spillover to the Los Padres National Forest and other open space areas within the region. This difference can be observed in the visual data available on 1, which shows a difference in radiance levels from 2013 to 2018 in the region. 1 Jurij Stare, Earth Observation Group, NOAA National Geophysical Data Center

3 Page 3 of 20 Zone Type Table 1: Parcels within the Ojai Valley MAC area, by Zone Number of Parcels (OV-MAC area) Percentage of parcels (OV-MAC area) Total Rural and Urban Residential zones 85% R1, R2 2,846 38% RA, RE, RO 3,130 42% RPD 433 6% Agricultural, Open Space and Special Purpose zones 12% AE 239 3% OS 641 9% TP 6 <1% Zone Type Number of Parcels (OV-MAC area) Percentage of parcels (OV-MAC area) Total Commercial and Industrial Zones 3% CPD 213 3% M1, M2, M3 16 <1% TOTAL % The Benefits of Dark Skies The problem of light pollution was first recognized as an issue in the 1970s when astronomers identified a loss in the quality of viewing the night sky due in large part to the increase in lighting resulting from population growth and urban development. Growth and cumulative light pollution is diminishing the view of the night sky and stars in urban areas, as well as within smaller towns and rural areas. Light pollution includes any adverse effect of artificial lighting including, but not limited to, glare, light trespass, sky glow and impacts on the nocturnal environment including light sources that are left on when they no longer serve a useful function. All of these interfere with observing the night sky. There is research available online linking light pollution to secondary impacts on human health, safety and to behavioral changes in insect and animal populations. Other sources indicate that excessive artificial night lighting can result in insomnia, depression and cardiovascular disease in humans, as well as have a negative effect on a wide range of animals and plants. Exhibit 6 includes informational materials from the International Dark Sky Association that summarizes some of these effects.

4 Existing State Regulations for Outdoor Lighting Page 4 of 20 The State Building Code requires new interior and outdoor lighting affixed to a building to conform to the Title 24 Building Energy Efficient Standards. These standards do not specifically address light pollution or light trespass, nor do they curtail spillover into the night sky. Rather, Title 24 standards focus on energy consumption (measured in wattage), and requirements for backlighting, uplighting, and the glare of outdoor lighting. Lighting Regulations in Other Jurisdictions Many cities and counties have adopted anti-light pollution laws. While some jurisdictions have adopted dark sky ordinances because they are home to a regional observatory, others desire to be designated as a Dark Sky Place 2 by the International Dark Sky Association. Many other jurisdictions have identified the secondary benefits of a dark sky and adopted dark sky lighting regulations to achieve these results. Planning staff researched both model dark sky ordinances and those adopted by jurisdictions all over the country. From these, staff summarized the ordinances adopted by nearby jurisdictions most relevant to Ventura County, which include the cities of Ojai and Malibu, and the counties of Los Angeles and Kern. A brief summary and explanation is provided in Exhibit Summary of Proposed Amendments to the NCZO: The proposed amendments to the NCZO would implement the Board s direction to develop a new dark sky overlay zone for the Ojai Valley MAC area. Specifically, a new overlay zone would be added to the NCZO that regulates night time lighting between 10:00 p.m. and sunrise throughout the MAC area, including residential, commercial, industrial, agricultural and rural zones. Generally, the new requirements will apply to lighting that is newly installed or existing lighting that is replaced, though some regulations will apply across the board to new and existing lighting. For example, newly installed lighting as well as existing outdoor lighting which is not defined as essential lighting will be required to be turned off after 10:00 p.m., or when people are no longer present, or at the close of business hours. Where the regulations apply to existing lighting, a one-year grace period has been incorporated to allow Planning Division staff time to conduct public outreach to the affected property owners and residents. If 2 The International Dark Sky Places conservation program (darksky.org/idsp/) was started by the International Dark Sky Association in 2001 and designates communities around the world which preserve and protect dark sites through responsible lighting polices and public education. There are six types of designations, which include International Dark Sky Communities, Parks, Reserves, Urban Night Sky Places, and Developments of Distinction.

5 Page 5 of 20 adopted, it is expected that a significant reduction in lighting will be seen over the long-term, as new light fixtures are installed. At the same time, technology is rapidly shifting in the areas of lighting, energy efficiency, and security which will likely result in cumulatively darker skies. The proposed amendments to implement the new Dark Sky Overlay Zone are set forth in Exhibit 4 (ordinance amending Articles 2, 3, 4, 5, 9 of the NCZO) and Exhibit 5 (ordinance amending Article 18 of the NCZO). As noted above, the proposed amendments establish standards related to outdoor lighting for parcels within the unincorporated Ojai Valley MAC area. The draft ordinances do not change the permitted uses for any parcels in any zone. The overlay zone adds lighting regulations within the designated geographical area. Amendments to Articles 2, 3, 4, 5 and 9 (Exhibit 4) The following summarizes the ordinance attached as Exhibit 4: Article 2: Definitions: Lighting is a highly technical and specialized field. Generally, light fixtures are referred to as luminaires in the California Building Code. Therefore, the term luminaire is used throughout the ordinance to maintain consistency. Definitions are added to Article 2, Section to include technical lighting terms such as lumens, Kelvin, correlated color temperature, foot-candles, fullyand partially-shielded luminaires, etc. The definitions used in the ordinance are intended to be easy for any property owner to understand. Additionally, other terms are added such as light pollution, sky glow, security lighting, glare, light trespass, and seasonal and festive lighting. A key definition added to the ordinance is that of essential lighting, which is defined as a luminaire used for safety purposes, security lighting, lighting to illuminate circulation areas such as a walkways or driveways, or to illuminate a building entrance such as porch lights. Article 3: Establishment of the Zones, Boundaries and Maps: The Dark Sky Overlay Zone was added to the list of overlay zones in Article 3. Section , with an abbreviated reference to the overlay zone with the suffix DKS. Article 4: Purpose of the Zone: The Dark Sky Overlay Zone is added to Section , and includes the following points to summarize its purpose: Protect and reclaim the ability to view the night sky, and preserve the generally rural quality of life; Protect against glare and excessive lighting;

6 Page 6 of 20 Minimize light pollution while ensuring sufficient lighting is provided for security and safety purposes; and Provide standards for energy efficient, moderate and cost-effective lighting while allowing for flexibility in the luminaires. Article 5: Uses for the Zone: No changes to the uses allowed by zone are proposed. The only revision is to cross-references the additional lighting standards for freestanding lighting (such as light poles) and athletic fields within the new overlay zone in Section Article 9: Standards for Specific Zones and Zone Types Standards specific to the Dark Sky Overlay Zone are added to Section which is titled Standards for Overlay and Specific Purpose Zones. These development standards will be applicable to all parcels located within the overlay zone, which follows the Ojai Valley MAC boundaries. Applicability: As proposed, the lighting standards of the ordinance apply to all new outdoor lighting installed or replaced after the effective date of the ordinance and to lighting within new and retrofitted enclosed translucent or transparent agricultural structures such as greenhouses. Generally, these standards fall within two categories. They are related to dark hours the time when lights not used for security or safety purposes must be turned off or they are related to the intensity, color, and shielding of the lighting. Once the ordinance is effective, all new or replaced lighting must meet all of these standards. Existing lighting is treated differently from new lighting in the ordinance. First, a one-year grace period applies to all existing lighting. In addition, existing lighting outside of the commercial and industrial zones is not required to meet the general development standards related to lighting intensity, color, and shielding until it is replaced. Nonetheless, all existing lighting must be directed downward to minimize glare (if feasible) and must meet the requirements for dark hours. Furthermore, the use of expressly prohibited lighting must be discontinued within one year. There are also some exceptions and exemptions built into the ordinance which are described in more detail below. Existing Lighting: Existing lighting that does not conform to the new regulations may be retained but will be required to be turned off at 10:00 p.m. or when people are no longer present, until sunrise. The requirement to turn off the lights during dark hours does not apply to lighting considered essential lighting. As described in the Definition section, above, essential lighting includes lighting for safety purposes,

7 Page 7 of 20 security lighting, lighting to illuminate circulation areas such as walkways and driveways, and lighting to illuminate a building entrance, such as porch lights. A good example of affected existing lighting would be landscape lighting used for aesthetic purposes. It is not considered essential lighting, so it would be required to be directed downward, if feasible, and will be required to be turned off after 10:00 p.m. (or when people are no longer present outside) within a year of ordinance adoption. Likewise, existing strobe lights which are prohibited by the ordinance will not be allowed after one year. In many cases, adjusting existing lighting so that it conforms to the provisions of the ordinance may be as easy as replacing the lightbulb. The intent of the oneyear grace period is to allow time for Planning Divisions staff to conduct public outreach before compliance is required. Lighting currently approved with a discretionary permit on a commercial or industrial zoned site (such as Conditional Use Permits, or Planned Development Permits) would not be required to conform to the ordinance until a major modification or a time extension to the underlying discretionary permit is approved. Nonconformity may occur, for example, if the lighting intensity is more than 850 lumens or light fixtures are unshielded. At that time, staff would assess the value of lighting improvements necessary for conformance to the development standards, determine a reasonable timeline for compliance depending on the age and extent of the investment, and incorporate this as condition of approval for the discretionary permit. Prohibited Lighting: As described in the applicability section above, existing lighting that is prohibited under the regulations may be retained for one year from the effective date of the ordinance before its use must be discontinued. Prohibited lighting includes blinking, flashing, rotating lights, and those with intermittent fading. It also includes perimeter lot lighting, unless used for security or safety purposes. Exempt Lighting: Some lighting is specifically excluded from the requirements of the ordinance through an exemption. This generally includes temporary lighting and lighting where the County s authority is pre-empted, including the following: Temporary construction lighting; Temporary emergency lighting; Temporary or intermittent outdoor agricultural lighting, that constitutes usual and customary agricultural practices, such as lighting required to prepare for weather events and during harvesting; Temporary lighting associated with a use authorized by the NCZO, or authorized by a land use permit;

8 Page 8 of 20 Seasonal or festive lighting; Lighting for wireless communication facilities to the extent required by the Federal Aviation Administration; Lighting on public streets; and, Lighting subject to preemptive state or federal regulations. Additionally, exemptions have been incorporated for the following: Lighting to illuminate signage; Lighting on private streets; and Lights with a maximum output of 60 lumens or less, including solar lights. Signage is exempt from the requirements of the ordinance because Article 10 of the NCZO includes sign standards which address excessive glare and light spillover. Development standards already prohibit signs which would create excessive lighting such as flashing, or rotating lights. Article 10 also requires that indirect or diffused light be used for signage in all zones, that sign illumination not result in glare directed toward surrounding properties, and that the light fixtures are integrated into the design of the structure. Moreover, Ojai Valley Area Plan Scenic Resources Policy 1.6.2(7) requires a sign program to be submitted with discretionary permits for commercial and industrial development, prohibits freestanding off-site advertising signs, and limits the height of new on-site freestanding signage to a maximum of five feet. Consistent with many dark sky ordinances, streetlights in the road rights-of-way are exempt from the provisions of this ordinance. The County of Ventura Planning Division does not regulate public streets in non-coastal areas, because these are regulated under the Public Works code. Notably, the County s adopted Road Standards already require that streetlights within the boundaries of the Ojai Valley Area Plan be shielded. Additionally, under the Public Utilities Act (AB 719), the County is currently coordinating with Southern California Edison to retrofit streetlights with sodium lamps on County-maintained roads with energy efficient LEDs. The Ojai Valley is slated for the first phase of this project once approved. To be consistent with the proposed Dark Sky ordinance, the County CEO s office staff negotiated with Southern California Edison to install LED lights with a maximum color temperature of 3,000 Kelvin. Planning staff does not have a timeline for this project. Staff determined that the ordinance would not apply to private streets at this time. Generally, during a subdivision or tract map approval, the Engineering Services Department of the Public Works Agency conditions properties to meet the abovementioned County Road Standards related to lighting. The intent is to keep the configuration of private streets consistent with the County s standards in the event that these streets become public.

9 Page 9 of 20 Staff also added an exemption for small lights commonly used by residents in landscaped areas of the yard that emit very little light, many of which are solar operated and cannot be turned off during dark hours. All lighting with a maximum output of 60 lumens or less would not be subject to the requirements of this section, because the cumulative lighting intensity would be so low that it would not impact the view of the night sky. General Standards: This section describes the development standards that apply to all outdoor lighting regulated by this ordinance in more detail. All new outdoor lighting is required to meet the standards below. Existing lighting is subject to the standards as described in the Existing Lighting section on page 6, above. The following is a summary of these general standards. a) Shielding and direction of lighting: A critical feature is the requirement that all outdoor light fixtures be fully shielded and directed downward, both of which are known to minimize light pollution. An exception to this shielding requirement includes porch lights and under-eave lights, which may be either fully or partially shielded. Another exception in relation to outdoor recreational lighting is described in subsection (h) below. b) Lighting color (Kelvin): Maximum lighting color temperatures are identified in this section and provide one of the most significant benefits of the ordinance. Color temperature is perceived as warmth (more yellow in nature) or coolness (more blue or white in nature) of lighting to the human eye and is regulated by the Kelvin scale. Temperatures of 3,000 Kelvin and less have been documented 3 as minimizing adverse impacts to human health and the natural environment. Additionally, according to the U.S. Department of Energy, the implementation of these lighting control systems, which focuses on dimming lights or turning lights off when not in use, can reduce energy costs by up to percent in exterior areas. The ordinance sets a maximum of 3,000 Kelvin for all lighting. Outdoor light fixtures and light bulbs of 3,000 Kelvin are easily available off the shelf at most stores today. c) Maximum light output (lumens): Another development standard in this section is the maximum light output of 850 lumens for all outdoor light fixtures, which is approximately the equivalent of a 60-watt incandescent bulb. To strike a balance between the need for urban uses that require light and a desire to reduce sky glow, Planning staff determined that light fixtures that are fully-shielded, directed downward and contain a lamp of no more than 850 lumens targeted to a specific area would be optimal. This is consistent with 3 American Medical Association: CSAPH Report 2-A-I 6, Report of the Council on Science and Public Health, Released 2016.

10 Page 10 of 20 dark sky ordinances in many jurisdictions. In most cases, it would be relatively easy to change out a bulb to conform to the 850 lumens requirement, as these bulbs are readily available in stores. The image below shows the back of the box of a typical light fixture or that of a light bulb and indicates both Kelvin and lumen levels. d) Security lighting: An exception to the 850-lumens requirement was made for security lighting, because often lights for this purpose require brighter lights. Thus, between the hours of 10 p.m. and sunrise, security lights are allowed an output of up to a maximum of 2,600 lumens, as long as they are operated by motion sensors and timers with a maximum activation time of 10 minutes. Security lights which are fully shielded, directed downward, and under 850 lumens do not need to be on a motion sensor and are allowed to remain on at all times. Today, it is fairly common to combine security cameras with lighting. A higher level of brightness for lighting associated for security purposes would allow a clearer view of recorded footage on the cameras, including intruders. e) Dark hours: A key provision of the ordinance establishes the time when lights must be turned off, also called dark hours. Generally, all outdoor lighting shall be turned off at 10:00 p.m., or when people are no longer present in exterior areas, or at the close of business hours, whichever is latest. Dark hours continue until sunrise. This mirrors the time of dark hours in the City of Ojai s Ordinance (Article 16.5 Exterior Lighting Standards) for consistency purposes.

11 Page 11 of 20 To summarize, lights allowed to remain on during Dark Hours include: Lighting defined as essential lighting, such as security lighting, lighting for the safe use of driveways and walkways and at building entrances (such as porch lights); Lighting used when people are present in exterior areas; Lights under 60 lumens, including solar lights; Lighting for businesses that are still open; Temporary lighting; Parking area lighting; and Lighting subject to pre-emptive state or federal standards for illumination. f) Light trespass limits: The concept of light trespass is introduced here and sets quantifiable limits of light pollution or trespass that can be measured at property lines. These light limits, listed in Table 2 below, are set in footcandles similar to the California Energy Code, are different based on the zoning classification and can be measured by County staff with a light meter. Generally, light limits are more restrictive in the Agricultural, Open Space and Rural Residential zones where larger parcel sizes allow a wider buffer for distribution of light from its source. Zone Type Table 2: Quantitative Light Trespass Limits, by Zone Light Trespass Limit (for both horizontal and vertical plane limits) Agricultural, Open Space, and Timberland Preserve (OS, AE, TP) Rural Residential and Singlefamily/Two-family Residential Zones (such as RA, RE, RO, R-1, R-2) Multi-family Residential Zones (such as RPD) Commercial and Industrial (such as C-O, C-1, CPD, M-1, M-2, M-3) 0.1 foot-candles at property lines 0.1 foot-candles at property lines 0.2 foot-candles at property lines 0.25 foot-candles at property lines, unless otherwise approved by PD or CUP g) Parking area lighting: There are no changes to lighting located within parking areas. The existing standards in Section of the NCZO will continue to apply. These already include standards for shielding, fully cut-off fixtures, and a minimum of one foot-candle measured at ground level for the security of night-time users of the parking areas. h) Outdoor recreational facility lighting: This section includes requirements for lighting of public and private outdoor recreational facilities. Illuminated sports fields, especially those with intense activity, often with many spectators, and high-speed play require high-intensity lighting. The impacts of

12 Page 12 of 20 this lighting usually extend far beyond the play area itself and spill light into the sky, which can be relatively higher than that of essential lighting for other uses. When switched on, outdoor recreational lighting can be a large producer of light pollution in communities. Although recreational facilities which are not utilized for sports arenas do not emit as much light, parcels within the Ojai Valley MAC area may have a variety of outdoor recreational facilities that contribute to the night lighting. For example, in addition to parks and other recreational facilities, residential zones may have private tennis courts, basketball courts, or batting cages. The Illuminating Engineering Society of North America (IESNA) recommends lighting levels based on the class of play (Sports Class I, II, III or IV) for various outdoor recreational facilities in its Lighting Handbook 4. Staff recognizes the complexity of outdoor recreational facility lighting and requires that lighting levels used while designing new private and public outdoor recreational facilities do not exceed the levels identified in the Lighting Handbook. These facilities may use lamps with a higher lumen output and Kelvin levels than applied elsewhere, as long as the lighting system design is prepared by a qualified professional. These facilities may also utilize partiallyshielded light fixtures or directional lighting methods if fully-shielded lighting does not optimally light the recreational use. Except for security lighting, and permitted lighting within parking areas, all other lighting within outdoor recreational facilities must be turned off by 10:00 p.m. until sunrise, unless it is left on to complete an event in progress, or as specified by a permit. Existing lighting for these outdoor recreational facilities will not be required to be retrofitted or changed. As proposed, the new requirements would apply only to new or modified lighting plans. i) Maximum height allowance: Light that shines directly into the eyes causes glare and disorientation and prevents visibility both upward to the night sky and at ground level. For this reason, maximum height standards for freestanding and attached lighting have been set, including those for the outdoor recreational areas mentioned above. The maximum mounting height for attached lighting is generally set at 15 feet if affixed to a structure for outdoor recreational areas. If the light fixture is affixed to a fence, the top of the light fixture cannot be higher than the height of the fence. The height for freestanding light fixtures required to light walkways, driveways or hardscaping is set at a maximum height of two feet. All other freestanding lighting is set at a maximum height of 20 feet in all zones, which is currently the maximum allowable height for a freestanding light fixture allowed with a 4 The Lighting Handbook, 10th Edition, available on the website for Illuminating Engineering Society (IES) at

13 Page 13 of 20 ministerial permit (per Sec ). All attached or freestanding lighting in commercial or industrial areas may be higher, if it is specified by the discretionary permit. j) Service Stations may have lighting that produces glare and can be extremely bright. Staff recommends that new lighting for the canopies commonly installed at service stations be recessed, fully-shielded and utilize flat lenses to reduce glare visible from the street or neighboring parcels. Additionally, there would be no additional lighting allowed on the columns. The standards for parking and signage remain unchanged. k) Greenhouses used for agricultural operations are usually enclosed transparent or translucent structures. Unlike other enclosed structures, lighting within greenhouses can be completely visible during the night. Up to 20,000 square feet of greenhouses can currently be permitted with a ministerial permit in Open Space and Agricultural zones on a lot. Although indoor lighting is not generally regulated by the proposed ordinance, staff included standards for agricultural operations in transparent greenhouses where the operator chooses to light the facility at night. Although night lighting of greenhouses is uncommon today, the intent is to reduce the glare and sky glow that may be created by these facilities if more crops are actively lit at night. New lighting within such structures used for agricultural operations are required to use fully or partially shielded light fixtures and directional lighting methods. In addition, blackout screens are required in order to prevent the interior lighting from being visible from outside the structure. The blackout screening would be required beginning at 10:00 p.m. and continuing until sunrise. Agricultural operations which require temporary outdoor nighttime lighting are exempt from this requirement. This would include activities such as the harvesting of crops, lighting required to prepare for a weather event and other usual or customary agricultural practices. Staff presented these draft standards to the Ventura County Agricultural Policy Advisory Committee, who agreed with the recommendations. Modification or Waiver of Standards and Requirements: A process to modify or waive requirements for new outdoor lighting is added where an applicant establishes that unique circumstances exist making it infeasible to comply with the ordinance and that the proposed lighting would not be in conflict with the general purpose of the ordinance. These modifications or waivers would be granted by the Planning Director in all zones.

14 Amendments to the Zoning Map Article 18 (Exhibit 5) Page 14 of 20 Adoption of a new Dark Sky Overlay Zone would result in all parcels located within the overlay receiving a suffix /DKS at the end of the base zoning classification e.g., a parcel zoned RA-5 ac would now become RA-5 ac/dks to indicate that additional requirements from the overlay zone will apply to the parcel. The addition of the suffix constitutes an amendment to the Zoning Maps located within Article 18 of the NCZO. Exhibit 5 includes this map amendment with a comprehensive list and a map of all parcels located within the Ojai Valley MAC area. 7. Enforcement of the Ordinance As mentioned earlier, the provisions included in this ordinance, once adopted, would be applicable to all new lighting installed or replaced from the effective date of the ordinance. Existing lighting would be given a grace period of an additional year. One year after ordinance adoption, existing lighting which can be directed downward would be required to do so, and all lighting except essential lighting would be turned off after 10:00 p.m., or when people are no longer present. These provisions will be enforced through the County s existing complaint-driven code compliance process. For example, after a complaint is received, it will be investigated, and violators would be issued a notice and an opportunity to voluntarily comply. Non-compliant and repeat violators may be subject to enforcement actions as outlined in Article 14 of the NCZO which include civil and administrative penalties. As with all allegations of violations, the violator would be provided with an opportunity to appeal and contest the determination of a violation through an administrative process. If the ordinance is approved, County staff will purchase a new light meter with the capacity to read required lighting levels (lumens, Kelvin, and foot-candles). B. CEQA COMPLIANCE AND EXEMPTION DETERMINATION Pursuant to the requirements of the California Environmental Quality Act (Public Resources Code, Division , CEQA ), and State CEQA Guidelines (Title 14, California Code of Regulations, ), the proposed project was evaluated for compliance with CEQA. Planning Division staff has determined, and recommends that the Board find, that the adoption of the proposed ordinances (Exhibits 4 and 5) are exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility the ordinances may cause a significant effect on the environment, and CEQA Guidelines section because the ordinances consist of regulations intended to benefit the environment. Planning Division staff has also determined and recommends that your Commission find, that

15 Page 15 of 20 no substantial evidence exists precluding the use of the above categorical exemption based on the presence of unusual circumstances or any other exception set forth in CEQA Guidelines section C. NCZO AMENDMENT FINDINGS AND SUPPORTING EVIDENCE The Ventura County NCZO (Section et seq.) authorizes the Board to change or amend the zoning ordinance (which includes text amendments and zone changes) whenever the public health, safety, or general welfare, good zoning practice, and consistency with the General Plan justify such action... Pursuant to NCZO Section , the Board must make certain findings in order to amend the NCZO. The Board s ability to make these required findings is evaluated below for your Commission's consideration in making its recommendations to the Board. 1. The proposed amendment would not be detrimental to the public health, safety or general welfare: The proposed ordinances provide standards for outdoor lighting within the Ojai Valley MAC area (Exhibits 4 and 5) which is located in the non-coastal area of Ventura County. When nighttime outdoor lighting is reduced, it will lessen the cumulative light pollution within the existing communities, and will in turn, provide a transition zone from the developed areas of Ventura County to the Los Padres National Forest. Reduced night lighting would reflect the rural character of the area. Therefore, the proposed NCZO text amendments (Exhibit 4) would protect the health, safety, and general welfare of the people of the unincorporated areas of Ojai Valley MAC. The proposed map amendment (Exhibit 5) is not associated with any specific development proposal and thus its adoption will not have any effect on the environment, nor will it be detrimental to the public health, safety or general welfare. Based on the above discussion, this finding can be made. 2. The proposed amendment represents good zoning practice: The addition of the overlay zone does not constitute any change to the base zone of any property and does not affect the ability to develop in the future. The proposed amendments include a well-organized, detailed set of standards for outdoor lighting, and considers the Purposes of the Zones and the Uses defined by Articles 4 and 5 of the NCZO while determining light levels for all zones. Therefore, following adoption of the proposed ordinances, the text and map amendments in Exhibits 3 and 4 are consistent with good zoning practice because it promotes thoughtful, deliberative decision-making. Based on the above discussion, this finding can be made.

16 Page 16 of The proposed amendment is consistent with the Ventura County General Plan: The General Plan currently does not address nighttime outdoor lighting for the specific purpose of reducing light pollution and sky glow. A review of the General Plan land use policies was conducted, and it was determined that the proposed amendment will not conflict with the General Plan policies. To the contrary, the proposed amendment to the NCZO will support the implementation of the following General Plan and Ojai Valley Area Plan Goals and Policies to promote the protection of the rural quality of the Ojai Valley area. Ventura County General Plan, Goals, Policies and Programs, Resources General Goal : Plan for the preservation, conservation, efficient use of, enjoyment of, and access to resources, as appropriate, within Ventura County for present and future generations. Scenic Resources Policy (3)(f): All discretionary development shall be sited and designed to Minimize lighting causing glare, illuminates adjacent properties, or is directed skyward in rural areas. Ojai Valley Area Plan Land Use Goal Maintain the existing rural, small town character of the Ojai Valley. Open Space Goal Preserve the undeveloped lands which surround and frame the urban and rural communities of the Ojai Valley as a means of retaining the existing natural, scenic resources of the area. Thus, based on the above discussion, this finding can be made. D. PUBLIC OUTREACH AND COMMENTS On April 23, 2018, Planning Division staff presented preliminary concepts of the Dark Sky Ordinance to the Ojai Valley MAC and responded to questions during the meeting. At the time, Planning staff had considered a shorter grace period for existing lighting to comply, which concerned the MAC members and members of the public due to the cost to hire an electrician and purchase replacement light fixtures and bulbs. Other comments received during the meeting highlighted the importance of security lighting, and lighting for circulation purposes. Staff took those comments into consideration while drafting the ordinance and included exceptions for new and existing essential lighting during dark hours.

17 Page 17 of 20 Planning staff maintained a project website at which included key information regarding the project, upcoming public outreach meetings, and hearing schedules. Additionally, staff prepared information materials for the project website such as a handout outlining draft development standards (Exhibit 8) and an interactive GIS story map that explains the ordinance components in a graphical manner. A subscription option was provided on the project website so that interested parties could add themselves to an notification list. On July 9, 2018, Planning staff posted the draft ordinance to the project website for public review and comments. Subsequently, Planning staff presented the draft ordinance to Ventura County Agricultural Policy Advisory Committee on July 11, 2018 to receive comments from the Committee. The Committee provided comments on the draft ordinance to Planning staff which were used to revise the draft ordinance. These comments included a clarification that the exemption for temporary and intermittent agricultural uses should include practices that are usual and customary such as preparing for severe weather events. No other action was taken. Staff returned to the Ojai Valley MAC on July 16, 2018 to present the draft ordinance, respond to questions and to receive public comments. Comments made by residents during the meeting primarily focused on the disturbance created by excessive bright and unshielded lighting from commercial businesses, and the night lighting recently installed at public schools. Some members of the public felt that the ordinance wasn t restrictive enough and some expressed their opinion that it was too restrictive. After a question and answer session, MAC members primarily discussed the application of the ordinance to existing lighting in residential and commercial areas. Ultimately, the MAC recommended on a 4-0 vote that all outdoor lighting in commercial and industrial zones, including existing lighting, be required to conform to the proposed general lighting standards in the ordinance within a three-year period. There are approximately 230 parcels in the MAC area zoned commercial or industrial. To ensure that all outdoor lighting on these parcels conforms to the new standards within three years of the effective date of the ordinance would require considerable staff time over the next three years. It s also unclear whether three years is sufficient time to amortize the investment in lighting made on the part of individual businesses in the Ojai Valley, since no-one has completed an inventory of the lighting on commercial and industrial sites. Thus, this issue would need to be explored further. Rather than require conformance by every business within three years, Planning Division staff amended the applicability section of the ordinance (Sec ) to require compliance when a discretionary permit on a commercial or industrial zoned site is approved for a major modification or a time extension. As proposed, this would allow the Planning Division to determine the appropriate grace period for installation of new lighting or retrofitting of existing lighting on a case-by-case basis

18 Page 18 of 20 during the permit process, based on the investment already made by the property owner, the age of the existing lighting, etc. This also prevents an applicant who comes in for a minor adjustment to a discretionary permit from being hit with the cost of a major lighting overhaul. Staff believes this is a reasonable compromise. E. PLANNING COMMISSION HEARING NOTICE AND COMMENTS The Planning Division provided a public notice regarding the Planning Commission hearing in accordance with Government Code section The Planning Division also ed notices to interested parties and the City of Ojai, and placed a legal ad providing notice of this public hearing in the Ventura County Star and the Ojai Valley News. This Planning Commission staff report was also posted on the Planning Division website on July 19, F. RECOMMENDED ACTIONS Based upon the analysis and information provided above, Planning Division staff recommends that the Planning Commission take the following actions: 1. CERTIFY that your Commission has reviewed and considered this staff report and all exhibits hereto, and has considered all comments received during the public comment process; 2. ADOPT a Resolution (Exhibit 3) recommending that the Board of Supervisors take the following actions regarding the proposed amendments to the Ventura County Non-Coastal Zoning Ordinance: a. CERTIFY that the Board of Supervisors has reviewed and considered the Board letter, the Planning Commission staff report and all exhibits thereto and has considered all comments received during the public comment process; b. FIND on the basis of the entire record and as set forth in Section B of this Planning Commission staff report that the adoption of the proposed ordinance (Exhibit 4) amending Articles, 2, 3, 4, 5 and 9 and adoption of the proposed ordinance amending the zoning maps contained in Article 18 (Exhibit 5) of the Ventura County NCZO to add a new Dark Sky Overlay Zone, are exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility the project may cause a significant effect on the environment, and CEQA Guidelines section because the project consists of regulations intended to benefit the environment, and find that no substantial evidence exists precluding the use of the categorical exemption based on the presence of unusual circumstances or any other exception set forth in CEQA Guidelines section ;

19 Planning Commission Hearing on July 26,2018 Page 19 of 20 c. FIND, based on the substantial evidence set forth in Sections A, B, C and O of ine Planning Commission staff report, the public testimony received and the entire record, that the proposed ord nances amending Articles 2, 3,4,5, g and the zoning maps contained in Article 18 of the Ventura County Non-Coastal Zoning Ordinance (Exhibits 4 and 5) are consistent with the Goals, Policies and Programs of the Ventura County General plan and good planning practices and is in the interest of public health, safety or general welfare; d. ADOPT the proposed ordinance amending Articles 2, 3, 4, 5 and 9 of the Ventura county Non-Coastal Zoning ordinance (Exhibit 4); e. ADOpT the proposed ordinance amending the zoning Taps contained in Article 18 of the Ventura County Non-Coastal Zoning Ordinance (Exhibit 5) to add a new Dark Sky Overlay Zone; and f. SpECIFY the Clerk of the Board of Supervisors at 800 S. Victoria Avenue, Ventura, CA g30og as the custodian and location of the documents and materials that constitute the record of proceedings upon which these decisions are based' This staff report has been reviewed by County Counsel. The Board of Supervisors hearing to cónsider the proposed amendments is tentatively scheduled for September 25,2018 in the Board of Supervisor's Hearing Room' lf you have any questions concerning the information presented above, please contact Tricia Maier, Manager, Long-Range Planning Section at (S05) or!v at Tricia.Ma ventura.orq. Vou may also contact Ruchita Kadakia, Project Planner, at (805) or by at Ruch Kadakia(O ra.oro Prepared by: Ruchita Kadakia, Project Planner Long Range Planning Section RMA/Planning Division Reviewed by: (pqo lr,áo,"- Tr'rcta Maier, Managei Long Range Planning Section RMA/Planning Division Reviewed by: ngd RMA/Planning Division

20 Page 20 of 20 EXHIBITS Exhibit 2 Location Map of the Ojai Valley MAC Area Exhibit 3 Draft Planning Commission Resolution to the Board of Supervisors Exhibit 4 Proposed Ordinance Amending Articles 2, 3, 4, 5 and 9 in the Non-Coastal Zoning Ordinance Exhibit 5 Proposed Ordinance Amending the Zoning Classifications and Zoning Maps in the Non-Coastal Zoning Ordinance Exhibit A List of Recommended Zone Changes for all Parcels within the Ojai Valley MAC Area Exhibit B Proposed Zoning Map (Amendment to Section 8118 of the Non- Coastal Zoning Ordinance) Exhibit 6 Informational Materials from the International Dark Sky Association s Website Exhibit 7 Summary of Lighting Regulations in Other Jurisdictions Exhibit 8 Ojai Valley Dark Sky Overlay Zone - Public Brochure