Brisbane Municipal Code Ch. 15.88 Dark Sky Ordinance

This chapter shall be known as the "Brisbane Dark Sky Ordinance."

(Ord. No. 687, § 1, 1-18-24)

The purpose of this chapter is to establish regulations and a process to review outdoor lighting in order to accomplish the following:

A. Minimize direct glare and prevent excessive lighting, thereby minimizing light pollution caused by inappropriate or misaligned light fixtures, and promoting common courtesy among neighbors;

B. Reclaim views of the night sky and thereby help preserve Brisbane's rural quality of life and the scenic value of this desirable visual resource;

C. Promote wildlife habitation and migration by minimizing light pollution;

D. Provide sufficient lighting where it is needed to promote safety and security on public and private property;

E. Allow flexibility in the style of outdoor lighting;

F. Provide standards for efficient and moderate use of lighting which balance energy use and economic impact;

G. Provide lighting standards that may evolve according to advancements in technology; and

H. Promote lighting practices and systems which conserve energy, decrease dependence on fossil fuels and limit greenhouse gas emissions consistent with the California Global Warming Solutions Act and other applicable state and federal law.

(Ord. No. 687, § 1, 1-18-24)

Notwithstanding the definitions in Chapter 17.02 of this Code, for purposes of this chapter only, the following words and phrases are defined as follows:

A. "Brisbane stars" mean outdoor star-shaped lighted structures customary to Brisbane.

B. "Correlated color temperature" or color temperature is a specification of the color appearance of the light emitted by a light source, measured in Kelvin (K). Warmer color temperatures are a lower number, and cooler color temperatures are a higher number.

C. "Curfew" means the time of day when lighting restrictions, based on zoning district, are in effect.

D. "Developed lot area" means the portion of a lot that is covered or occupied by structures and includes any finished surface, such as a slab or deck, which is covered by a roof or other solid covering with at least seven (7) feet of clearance, other than an eave or overhang, and includes also cantilevered bays and other enclosed architectural projections which contain floor or seating area.

E. "Directional lighting" means methods of directing light downward, rather than upward or outward, with the intention of directing light where it is needed.

F. "Dynamic lighting" means lighting that changes intensity or color rapidly during use.

G. "Fully shielded" means a light fixture constructed and installed in such a manner that all light emitted, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane (from the bottom of the lamp).

H. "Glare" means light entering the eye directly from a light fixture or indirectly from reflective surfaces that causes visual discomfort or reduced visibility to a reasonable person.

I. "Hardscaping" means permanent hardscape improvements on a site, including, but not limited to, parking lots, decks and patios, docks and piers, drives, entrances, curbs, ramps, stairs, steps, medians, walkways, and non-vegetated landscaping that is ten (10) feet or less in width. Materials may include, but are not limited to, concrete, asphalt, stone, gravel, or wood timbers. Hardscaping does not include the footprint of buildings.

J. "Internally illuminated signage" means any signage that is illuminated by an interior light source, which is primarily designed to illuminate only the sign.

K. "Lamp" means, in generic terms, a source of optical radiation (i.e., "light"), often called a "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

L. "Light pollution" means the material adverse effect of artificial light, including, but not limited to, glare, light trespass, sky glow, energy waste, compromised safety and security, and impacts on the nocturnal environment, including light sources that are left on when they no longer serve a useful function.

M. "Light trespass" means a condition in which artificial light emitted from a luminaire on one property, not inclusive of light incidentally scattered or reflected from adjacent surfaces, is directed in such a manner that the light source is visible from any other property.

N. "Lumen" means the common unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a light fixture (as distinct from "Watt," a measure of power consumption).

O. "Luminaires" means outdoor light fixtures as defined in this section.

P. "Outdoor light fixtures" means outdoor illuminating devices, lamps and similar devices, including solar powered lights, and all parts used to distribute the light and/or protect the lamp, permanently installed or portable; synonymous with "luminaires."

Q. "Outdoor recreational facility" means outdoor athletic and sports areas, such as ball fields, courts, swimming pools, skate parks and similar, but does not mean or include trails or playgrounds.

R. "Seasonal lighting" means lighting installed and operated in connection with holidays or traditions; Brisbane stars are considered separately for the purposes of this chapter.

S. "Security lighting" means lighting intended to detect intrusions or other criminal activity occurring on a property or site.

T. "Skyglow" means the brightening of the nighttime sky that results from scattering and reflection of artificial light by air molecules, moisture, and dust particles in the atmosphere, caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

U. "String lights" means light sources connected by free-strung wires or inside of tubing resulting in several or many points of light.

(Ord. No. 687, § 1, 1-18-24)

A. All existing outdoor light fixtures installed prior to the effective date of the ordinance from which this chapter is derived shall conform to the provisions of this chapter according to the compliance schedule set forth in Section 15.88.110.

B. All outdoor light fixtures installed or replaced after the effective date of the ordinance from which this chapter is derived shall comply with this chapter.

C. For any property subject to this chapter and also regulated by permit conditions pertaining to outdoor lighting, the more restrictive provisions in terms of minimizing light pollution shall apply.

D. Nothing in this chapter shall prohibit a declaration of covenants, conditions, and restrictions for private enforcement from further restricting lighting so long as it meets the minimum standards detailed in this chapter.

E. The following lighting and activities are not regulated by this chapter:

1. Indoor lighting.

2. Construction or emergency lighting provided such lighting is temporary, necessary, and is discontinued immediately upon completion of the construction work or termination of the emergency; provided, however, construction or emergency lighting shall be deployed to comply with the ordinance to the greatest practical extent.

3. Building or premises address identification lighting that complies with the minimum applicable building or health and safety requirements, as determined by the building official; provided however, such lighting shall be deployed to comply with this chapter to the greatest practical extent, with the exception of curfew requirements.

4. Low-intensity landscape lighting which is directed downward and no greater than three hundred (300) lumens per fixture; or low-intensity landscape lighting which is dynamic lighting and no more than one hundred (100) lumens per fixture.

5. Any form of lighting whose use preempts this chapter is exempt from this chapter.

6. Short-term lighting associated with activities that are otherwise exempt from discretionary or ministerial permitting by the city; provided, however, such lighting shall be deployed to comply with this chapter to the greatest extent practical.

7. Brisbane School District athletic fields and parking lot lights.

8. Combustible fuel lighting (i.e., fire pits, lanterns, or torches) when used temporarily in occupied areas.

9. Fire alarm notification appliances.

F. Brisbane stars are subject only to the curfew requirements of [Section] 15.88.050.

G. Internally illuminated signage is subject only to the curfew and total illumination maximums established by Section 15.88.050 of this chapter.

H. Streetlights only as covered under [Section] 15.88.070.

I. Recreational and athletic fields only as covered under [Section] 15.88.080.

J. Lighting at building entrances is subject to all requirements of this chapter except for the curfew requirements in subsection 15.88.060 E of this chapter.

(Ord. No. 687, § 1, 1-18-24)

Table 15.88.050

(Ord. No. 687, § 1, 1-18-24)

A. Shielding.

1. Except as provided in paragraph 2 of this subsection A of this section, all outdoor light fixtures shall be fully shielded.

2. Exceptions to the full shielding requirement include:

a. String lights that are no more than three hundred (300) lumens per fixture (string), or no more than one hundred (100) lumens per fixture for dynamic lighting that changes intensity or color rapidly during use, when used in occupied residential and commercial decks or patios.

b. Seasonal lighting during the period specified in Section 15.88.060 F.

c. Lighting that illuminates a United States or California flag and the flagpole to which the flag is affixed, provided these luminaires shall be shielded as necessary so that the light source is not visible from the property line.

B. Light trespass is prohibited, except for fixtures exempted from this chapter or from shielding requirements in subsection 15.88.060 A of this section.

C. Location of Outdoor Lighting. Except as required for security lighting purposes as determined by the building official, the following limitations are imposed on the location of outdoor lighting:

1. Lighting around the perimeter of a site is prohibited, except where it is controlled by motion sensor which extinguishes the light no later than ten (10) minutes after activation.

2. For residential sites, outdoor lighting shall only be used within fifty (50) feet of residentially habitable buildings or swimming pools, driveways and walkways.

D. Lighting Color (Color Temperature). The correlated color temperature of all outdoor lighting shall be three thousand (3,000) Kelvin or less except for seasonal lighting.

E. Curfew.

1. Residential Uses: All lighting subject to this chapter shall be extinguished no later than 10:00 p.m., except lighting at building entrances, parking areas and driveways, and lighting activated by motion sensor which extinguishes ten (10) minutes after activation.

2. Commercial Uses:

a. All lighting, including all illuminated advertising signage, shall be extinguished no later than 10:00 p.m. or close of business, whichever is later, except lighting at the building entrances and driveway egress points, and lighting activated by motion sensor which extinguishes ten (10) minutes after activation.

b. Automated control systems, such as motion sensors and timers, shall be used to meet the curfew requirements for commercial uses. Photocells or photocontrols shall be used to extinguish all outdoor lighting automatically when sufficient daylight is available. Automated controls shall be fully programmable and supported by battery or similar backup.

F. Seasonal lighting shall be allowed from September 15 to January 31 only, subject to curfew requirements established in Section 15.88.050.

G. All outdoor lighting shall comply with applicable regulations in the California Building Standards Code, as may be amended from time to time.

(Ord. No. 687, § 1, 1-18-24)

A. Publicly-owned acorn-style decorative lights, such as those on Visitacion Avenue and in the Ridge neighborhood, are not subject to the shielding requirements of subsection A of Section 15.88.050 until such time as an approved program for replacement of said lights is in place. Once that program is in place, replacement lights shall be fully shielded.

B. The lumen output of each streetlight shall be the lowest reasonable lumen output to meet safety standards but in no case greater than ten thousand (10,000) lumens.

C. Lamps in all streetlights shall be replaced upon burnout with lamps which meet the color temperature and lumen requirements of this chapter.

(Ord. No. 687, § 1, 1-18-24)

For outdoor recreational and/or athletic field facilities, the following standards shall apply:

A. Illuminating Engineering Society (IES) lighting guidelines according to the appropriate class of play or activity;

B. Field lighting provided exclusively for illumination of the surface of play and viewing stands, and not for any other applications;

C. Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance);

D. Off-site impacts of the lighting will be limited to the greatest practical extent possible;

E. Lights must be extinguished by 8:00 p.m. except when the facilities are being used for active play and the lights are equipped with a timer;

F. Timers that automatically extinguish lights must be installed to prevent lights being left on accidentally overnight.

(Ord. No. 687, § 1, 1-18-24)

A. Deviations from the lighting standards provided in this chapter may be approved for private properties if approved by the community development director. Deviations from the lighting standards provided in this chapter for public properties may be approved by the director of public works.

B. Applications to deviate from the lighting standards shall include the following information:

1. A site plan depicting the location of proposed lighting on the site;

2. A lighting inventory that provides, at minimum:

a. The brightness (in lumens) and correlated color temperature (in Kelvin) of each luminaire;

b. The height of each fixture;

c. The directional angle of each fixture;

d. The character of shielding for each luminaire, if any;

e. Identification of luminaires that diverge from the standards of this chapter and are subject to the deviation request;

f. Detailed description of the circumstances which necessitate the deviation;

3. Such other data and information as may be required by the community development director or the public works director.

C. The deviation may be granted if the following findings are made:

1. There are unique circumstances affecting the subject property or unique design and land use characteristics that make it infeasible or impractical to comply with strict application of the lighting standards detailed in this chapter.

2. The proposed deviation will achieve the intent of this chapter to the maximum extent feasible.

D. Notice of the community development or public works director's decision to approve or deny the requested deviation shall be mailed to owners of property within a three hundred-foot radius of the subject property and posted in compliance with Chapter 1.12 of this Municipal Code. The notice shall describe the requested deviations, the community development director's action to approve or deny the request, and right to appeal the decision to the city manager pursuant to subsection E of Section 15.88.090.

E. Appeal Procedures.

1. An appeal of the community development director's decision shall be in writing and filed with the city clerk within fifteen (15) days after the date of the notice described in subsection D of Section 15.88.090. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal.

2. Upon receipt of such appeal, the city clerk shall notify the community development director and the applicant and shall set a time for an administrative appeal hearing with the city manager as soon as practical but within thirty (30) days after the receipt of such appeal.

3. Notice of the appeal hearing shall be mailed to the applicant, property owner, appellant, and owners of property within three hundred (300) feet of the subject property.

4. The city manager shall conduct a de novo hearing of the application. At the close of the hearing, the city manager may affirm, reverse or modify the decision of the director, or refer the matter to the director for such further consideration as may be directed by the city manager. The city manager's decision following the appeal hearing will be final.

(Ord. No. 687, § 1, 1-18-24)

In the event the provisions in this chapter conflict with federal or state law such that this chapter may be preempted, this chapter shall be applied in a manner intended to carry out all provisions of law to the maximum extent feasible. When there is an irreconcilable conflict between the provisions of this chapter and the requirements of federal or state law such that the provisions of this chapter are preempted, the provisions of federal or state law shall prevail over the provisions contained in this chapter but only to the extent necessary to avoid preemption.

(Ord. No. 687, § 1, 1-18-24)

A. Effective Date. The effective date of this chapter shall be March 1, 2024.

B. The following requirements shall apply to existing outdoor light fixtures, except streetlights covered in Section 15.88.070, within one year of the effective date of the ordinance from which this chapter is derived:

1. Existing outdoor light fixtures with the ability to be redirected shall be directed downward to minimize sky glow, glare and in a manner to minimize light trespass onto adjacent properties.

2. Outdoor light fixtures that have adjustable dimmers shall be dimmed to comply with Section 15.88.060 to minimize glare and light trespass onto adjacent properties.

3. Outdoor light fixtures that are motion sensor equipped shall be programmed to extinguish not more than ten (10) minutes after activation.

4. Outdoor light fixtures with removeable lamps shall utilize bulbs meeting this chapter's color and lumen thresholds.

C. Compliance Period. Notwithstanding the provisions in section B of this section and Chapter 17.38 (Nonconforming Structures and Uses), a property owner shall comply with the remaining requirements of this chapter by the following compliance deadlines. Any nonconforming lighting still in place after the compliance deadline shall remain extinguished at all times.

1. Existing outdoor lighting in non-residential zoning districts shall comply by March 1, 2029 [five (5) years from the effective date].

2. Existing outdoor lighting in residential zoning districts shall comply by March 1, 2034 [ten (10) years from the effective date].

3. Existing streetlights and other lighting at city facilities shall comply by March 1, 2039 [fifteen (15) years from the effective date].

D. Extension. A private property owner may apply for an extension of these compliance deadlines by submitting a request to the community development director ninety (90) days before the compliance deadline detailing why an extension is needed. With the exception of lighting provided for security purposes, any noncompliant lighting shall remain extinguished while the request is pending. Upon demonstration of good cause for providing a property owner additional time to comply with the requirements of this section, the community development director may extend the property owner's time to comply and/or may require a plan for compliance that requires partial compliance in advance of full compliance. For purposes of this section, the term "good cause" shall mean a significant financial or other hardship which warrants an extension or conditional extension of the time limit for compliance established herein. In no instance shall the community development director issue an extension of the compliance period in excess of one year's time. The community development director's decision shall be appealable pursuant to the provisions of Chapter 17.52 of this Code.

(Ord. No. 687, § 1, 1-18-24)

Any violation of the provisions of this chapter shall be subject to the provisions of Title 1 Chapters 1.14, 1.16, and 1.18 of this Code.

(Ord. No. 687, § 1, 1-18-24)