Chapter 19.31 — DEVELOPMENT LIGHTING

Section

• 19.31.001 Intent and purpose
• 19.31.002 Applicability
• 19.31.003 Definitions
• 19.31.004 Approved materials and methods of construction or installation/operation
• 19.31.005 Establishment of lighting zones
• 19.31.006 General requirements; all zones
• 19.31.007 Special requirements; Zone I
• 19.31.008 Special requirements; Zone II
• 19.31.009 Special requirements; Zone III
• 19.31.010 Airport lighting
• 19.31.011 Application requirements
• 19.31.012 Temporary lighting permits
• 19.31.013 Nonconforming uses
• 19.31.014 Variances
• 19.31.015 Conflicting regulations
• 19.31.016 Violations and enforcement
• 19.31.017 Appeal
• Exhibit A: Zone map

The purpose of this chapter is to encourage lighting practices and systems which will: minimize light pollution, glare, light trespass, conserve energy and resources while maintaining night-time safety, utility, security and productivity; and curtail the degradation of the night time visual environment. The Board of Supervisors recognizes that topographic and atmospheric conditions within the county are uniquely suited for astronomical observation, that an observatory has been established at Fremont Peak State Park and that star gazing activities are also provided at Pinnacles National Monument. Therefore, the Board of Supervisors, through the provisions herein contained, desires and intends to preserve and protect the nighttime visual environment by regulating outdoor lighting, which interferes with astronomical observations and the enjoyment of the night sky, while simultaneously promoting energy conservation and maintaining night time safety, utility, security and productivity. The adverse effects of outdoor lighting on the light pollution over light-sensitive park areas is strongly dependent on the distance of those lights from the parks, therefore, three lighting zones are hereby established, allowing increased flexibility in the uses of outdoor lighting at greater distances from these light-sensitive park areas. (1966 Code, § 32-1) (Ord. 748 § 1(part))

(A) New uses, buildings and additions. The provisions of this chapter shall apply to all proposed new land uses, developments, buildings, structures or building additions. (B) Non-conforming uses; structures or lots. Whenever a non-conforming use, structure or lot is abandoned for a period of one year and then recommenced or changed to a new use, then any existing outdoor lighting shall be reviewed and brought into compliance with the provisions of this chapter as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Planning Director. (C) County streetlights. All streetlights installed on county roadways or private roadways within the county shall be shielded and shall use low-pressure sodium (LPS) lamps. All existing streetlights on county roadways or private roadways within the county, that requires repair or replacement shall be repaired or replaced to use shielded low-pressure sodium lamps. (1966 Code, § 32-2) (Ord. 748 § 1(part))

(A) Interpretation. All words used in the present tense shall include the future tenses, and all words in the singular shall include the plural. “Lot” includes the word “plot”, “building” includes the word “structure”, and the word “shall” is mandatory and not “discretionary”. The word “county”, as used herein, shall mean the County of San Benito, a political subdivision of the State of California, the words “Board of Supervisors” shall mean the Board of Supervisors of the County of San Benito, the words “Planning Commission” shall mean the Planning Commission of the County of San Benito, and the words “county boundary” shall mean the territorial boundary of the County of San Benito. (B) Definition of certain terms. Unless specifically defined below, words or phases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. ACREAGE, NET. The remaining ground area after deleting all portions for proposed and existing streets within a development or subdivision. CLASS 1 LIGHTING. All outdoor lighting used for activities where color rendition is essential to preserve the effectiveness of the activity. Designation of Class 1 requires a finding by the Planning Director of the essential nature of color rendition for the lighting application. Recognized Class 1 uses are: outdoor eating and retail food and beverage service areas; outdoor manufacturing areas; display lots; outdoor assembly areas such as concert or amphitheater; service station canopies. CLASS 2 LIGHTING. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern. CLASS 3 LIGHTING. Any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, and the like. COUNTY ROADWAYS. The same meaning as the terms “highways” and “county highways”, as defined in Cal. Streets and Highways Code §§ 23 and 25. DEVELOPMENT PROJECT. Any residential, commercial, industrial or mixed-use development plan, any application to amend the General Plan and zoning designation of specific property, and/or any other proposed use of real property which is submitted to the county for approval under Titles 23 (Subdivision Ordinance) or 25 (Zoning Ordinance) of this code. DIRECT ILLUMINATION. Illumination resulting from light emitted directly from a lamp or luminaries, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. FULLY SHIELDED FIXTURE. An outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. INSTALLED LIGHTING. A light fixture that is attached, or fixed in place, whether or not connected to a power source. LUMEN. The unit used to measure the actual amount of light that is produced by a lamp. LUMINARIES. The complete lighting assembly, less the support assembly. For purposes of determining total light output from luminaries, lighting assemblies that include multiple unshielded, partially or fully shielded lamps on a single pole or standard shall be considered as a single unit. LUMINOUS TUBE. A glass tube filled with a gas of gas mixture (including neon, argon, mercury or other gases), usually of small diameter (ten to 15 millimeters), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decorations or signs. A “neon” tube does not include common fluorescent tubes. MULTI-CLASS LIGHTING. Any outdoor lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition of two or more classes as defined for Class 1, 2 and 3 lighting. NEON SIGN. A sign including luminous tubes formed into text, symbols or decorative elements that are directly visible from outside the sign cabinet. For purposes of this chapter, the signs are considered as opaque-background internally illuminated signs. OPAQUE. Material that does not transmit light from an internal illumination source. OUTDOOR LIGHT FIXTURES. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, either permanently installed or portable, which are used for illumination or advertisement. The devices shall include, but are not limited to, search, spot and floodlights for: (a) Buildings and structures; (b) Recreational areas; (c) Parking lot lighting; (d) Landscape and architectural lighting; (e) Billboards and other signs (advertising or other); (f) Street lighting; and

(g) Product display area lighting. OUTDOOR LIGHT OUTPUT, TOTAL. The initial amount of light, measured in lumens, from all lamps used in outdoor light fixtures including all lights and luminous tubing for Class 1, Class 2, Class 3 and multi-class lighting, and lights used for external illumination of signs but not including lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For lamp types that vary in their output as they age (such as high-pressure sodium, fluorescent and metal halide), the initial lamp output as defined by the manufacturer, is the value to be considered. For determining compliance with Zones I, II and III requirements of this chapter, the light emitted from outdoor light fixtures is to be included in the total output as follows: (a) Outdoor light fixtures installed on poles (such as parking lot luminaries), light fixtures installed on the sides of buildings or other structures, and interior light fixtures installed in open-sided barns, arenas or similar structures, when not shielded from above by the structure itself as defined in divisions (b) and (c) of this definition, are to be included in the total outdoor light output by simply adding the rated lumen outputs of the lamps used; (b) Outdoor light fixtures installed under canopies, building overhangs or roof eaves where the center of the lamp or luminaries is located at least five feet but less than ten feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter of the lamp’s rated lumen output; (c) Outdoor light fixtures located under the canopy and ten or more feet from the nearest edge of a canopy, building overhang or eave are to be included in the total outdoor light output as though they produced only one-tenth of the lamp’s rated lumen output. OUTDOOR RECREATION FACILITY. An area designed for active outdoor recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools. PERSON. Any individual, lessee, firm, partnership, association, joint venture, corporation or agent of the aforementioned groups or the county or any agency or political subdivision thereof. PLANNING DIRECTOR. The Director of Planning for the county. PRIVATE ROADWAYS. All privately owned roads, streets, lanes, alleys, cul-de-sacs and other byways that do not meet the definition of “county roadways”. SIGN. Any medium, including its structure and component parts, which is used or intended for advertising purposes other than the unilluminated painting on the surface of a building. SIGN, EXTERNALLY ILLUMINATED. Any sign illuminated by light sources from the outside of the sign cabinet. SIGN, INTERNALLY ILLUMINATED. Any sign which has the source of light entirely enclosed within the sign and not directly visible to the eye. TEMPORARY LIGHTING. Lighting which does not conform to the provisions of this chapter and which will not be used for more than one 30-day period within a calendar year, with one 30-day extension. TEMPORARY LIGHTING is intended for uses that by their nature are of limited duration; e.g. holiday decorations, civic events or construction projects. USE, ABANDONMENT OF. The relinquishment of a property right, or the cessation of a use of or activity on real property, by the owner or tenant thereof for a continuous period of one year, excluding temporary or short term interruptions for the purpose of remodeling, maintaining or otherwise improving or rearranging a facility. A use shall be deemed abandoned when the use is suspended as evidenced by the cessation of activities or conditions that constitute the principle use of the property. WATT. The unit used to measure the electrical power consumption of a lamp. (1966 Code, § 32-3) (Ord. 748 § 1(part))

(A) Preferred source. Low-pressure sodium lamps are the preferred illumination source throughout the county. (B) Alternates. The provisions of this chapter are not intended to prevent the use of any design, material or method of installation or operation or technological improvements not specifically prescribed herein, provided the Planning Director has approved any such alternate. The Planning Director may approve any such proposed alternate provided he or she finds that it: (1) Provides at least approximate equivalence to the applicable specific requirements of this chapter; and (2) Is otherwise satisfactory and complies with the intent of this chapter. (1966 Code, § 32-4) (Ord. 748 § 1(part))

(A) (1) Three lighting zones are hereby established:

(a) Zone I is in two parts centered at Fremont Peak State Park (36°45'27" N, 121°30'10" W) and Pinnacles National Monument Visitor Center (36°28'54" N, 121°10'45" W); the outer boundary of Zone I is set at five miles from the centers of these park areas; (b) Zone II extends eight miles from the outer boundary of Zone I; and (c) Zone III is all remaining property within the county. (2) These zones are shown on Exhibit A to this chapter and by this reference made a part hereof. (B) A parcel located in more than one of the described zones shall be considered to be located only in the more restrictive zone. (1966 Code, § 32-5) (Ord. 748 § 1(part))

(A) Outdoor floodlighting by flood light projection above the horizontal plane is prohibited. (B) All light fixtures that are required to be shielded shall be installed in such a manner that the shielding is effective as described in § 19.31.003, for fully shielded fixtures. (C) All light fixtures, except streetlights, shall be located, aimed or shielded so as to minimize stray light trespassing across property boundaries. (D) Search lights, laser source lights or any similar high-intensity light shall not be permitted, except, in emergencies, by police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. (E) Class 1 lighting may continue only until 9:00 p.m. or for as long as the area is in active use. See Table 1 of this section, and § 19.31.003, for an explanation of and list of recognized uses for the different classes of lighting. (F) Illumination of outdoor recreational facilities must conform to the shielding standards of Table 19.31.006(1) of this section. (G) Multi-class lighting must either conform to the lamp-type and shielding requirements of the most restrictive class, as shown in Table 19.31.006(1) of this section, or conform to the time limitations of the least restrictive class, as shown in §§ 19.31.007, 19.31.008 and 19.31.009 of this chapter. (H) External illumination for signs shall conform to the provisions of this chapter and Title 25 (Zoning Ordinance) of this code. In particular, the lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions, and lumen limitations of Table 19.31.006(1) of this section and §§ 19.31.007, 19.31.008 and 19.31.009 of this chapter. All upward directed sign lighting is prohibited. (I) On projects where an engineer or architect is required, the property owner shall verify in writing to the county that all outdoor lighting was installed in accordance with the approved plans. (J) Service station canopy lighting. In addition to the calculations for lighting in Zones I, II and III, the following requirements apply to service station canopies: (1) All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flat glass or flat plastic (acrylic or polycarbonate) covers. (2) The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy in Zones II and III, and shall not exceed 20 lumens per square foot in Zone I. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface of the canopy and auxiliary lighting within signage or panels over the pumps, is to be included toward the total. (K) (1) Neon lighting is permitted, so long as lumen calculations from such lighting are included in the total lumen calculations for the site, required by this section. Lumens are calculated on a per foot basis, rather than per “fixture”. The lighting shall also be subject to the shielding requirements of this section, unless exempted by Table 19.31.006(1) of this section. Table 19.31.006(1) Table of Lamp Source and Shielding Standards Lamp Type Zone I Zone II Zone III Table 19.31.006(1) Table of Lamp Source and Shielding Standards Lamp Type Zone I Zone II Zone III COMMERCIAL USES* Class 1 lighting (color rendition): Low-pressure sodium above 2,000 lumens F F F Others types – 2,000 lumens and greater X F F All types below 2,000 lumens F** F F

Class 2 lighting (general illumination): Low-pressure sodium above 2,000 lumens F F F Others types – 2,000 lumens and greater X X X All types below 2,000 lumens F** F F Class 3 lighting (decorative): Low-pressure sodium above 2,000 lumens F F F Others types - 2,000 lumens and greater X F F All types below 2,000 lumens F** A A SINGLE FAMILY AND DUPLEX USE All types 1,000 lumens and greater F F F All types less than 1,000 lumens A A A Use Code: A = Unshielded lights allowed; shielding not required but highly recommended. (Unshielded lights are limited to a maximum of 5,500 lumens per net acre in all zones). F = Allowed, fully shielded X = Prohibited, except as noted.

• Commercial uses include commercial, industrial, business park and multiple-family residential. ** Non-LPS lighting in Zone I is limited to a maximum of 5,500 lumens per net acres.

  (2) Examples of lamp types of 2,000 lumens and below are (initial outputs of lamps, as specified by the manufacturer,

on values to be considered): (a) One hundred Watt Standard Incandescent (tungsten, halogen or quartz); (b) Thirty Watt High Pressure Sodium; (c) Thirty Watt Cool White T12 Fluorescent; (d) Twenty-five Watt TB Fluorescent; and (e) Eighteen Watt Low Pressure Sodium. (1966 Code, § 32-6) (Ord. 748 § 1(part))

(A) Total outdoor light output, excluding streetlights used for illumination of county roadways or private roadways related to of any development project in Zone I shall not exceed 25,000 initial raw lamp lumens per net acre, averaged over the entire project. Non-LPS lighting permitted in Table 19.31.006(1) of this chapter is limited to a total of 5,500 initial raw lamp lumens per net acre. (B) Outdoor recreational facilities are not subject to the lumens per net acre limit set in this division. However, no such facility in Zone I shall be illuminated after 9:00 p.m., except to conclude a scheduled recreational or sporting event in progress prior to 9:00 p.m. (C) Outdoor internally illuminated advertising signs shall be constructed with an opaque background and translucent letters and symbols. Lamps used for internal illumination of the signs shall not be included in the lumens per net acre limit set in this section. The signs shall be turned off at 9:00 p.m. or when the business closes, whichever is later. (D) Class 3 lighting must be extinguished at 9:00 p.m. or when the business closes, whichever is later, except that low- wattage holiday decorations may remain on all night from November 15 through January 15. (1966 Code, § 32-7) (Ord. 748 § 1(part))

(A) (1) Total outdoor light output (excluding streetlights used for illumination of county roadways or private roadways related to any development project in Zone II shall not exceed 50,000 initial raw lamp lumens per net acre, averaged over the entire project. (2) Furthermore, no more than 5,500 initial raw lamp lumens per net acre may be accounted for by lamps in unshielded fixtures permitted in Table 19.31.006(1) of this chapter. (B) Outdoor recreational facilities in Zone II shall not be illuminated after 11:00 p.m., except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m.

(C) Outdoor internally illuminated advertising signs shall be constructed either with an opaque background and translucent letters and symbols, or with a colored (not white, cream, off-white or yellow) background and lighter letters and symbols. Lamps used for internal illumination of the signs shall not be included in the lumens per net acre limit set in this section. The signs shall be turned off at 11:00 p.m. or when the business closes, whichever is later. (D) Class 3 lighting must be extinguished at 11:00 p.m. or when the business closes, whichever is later, except that low- wattage holiday decorations may remain on all night from November 15 to January 15. (1966 Code, § 32-8) (Ord. 748 § 1(part))

(A) Total outdoor light output (excluding streetlights used for illumination of county roadways or private roadways) related to any development project in Zone III shall not exceed 100,000 initial raw lamp lumens per net acre, averaged over the entire project. Furthermore, no more than 5,500 initial raw lamp lumens per net acre may be accounted for by lamps in unshielded fixtures permitted in Table 19.31.006(1) of this chapter. (B) Outdoor recreational facilities in Zone III shall not be illuminated after 11:00 p.m. except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m. (C) Outdoor internally illuminated advertising signs shall be constructed with either an opaque background and translucent letters and symbols, or with a colored (not white, cream, off-white or yellow) background and lighter letters and symbols. Lamps used for internal illumination of the signs shall not be included in the lumens per net acre limit set in this division. The signs shall be turned off at 11:00 p.m. or when the business closes, whichever is later. (1966 Code, § 32-9)

Airport lighting which is required for the safe and efficient movement of aircraft during flight, takeoff, landing and taxiing is exempt from the provisions of this chapter. Lighting used for illumination of aircraft loading, unloading and servicing areas is exempt from the lumens per acre limits of Zones I, II or III, although it must conform to all other requirements (e.g., shielding) of this chapter. All other outdoor lighting at airport facilities shall comply with the provisions of this chapter. (1966 Code, § 32-10) (Ord. 748 § 1(part))

(A) Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage and/or approval of any development project, including all county projects, or whenever a person requests annexation into the City of Hollister or City of San Juan Bautista, the applicant shall, as a part of the application, submit sufficient information to enable the Planning Director to determine whether the proposed lighting will comply with the provisions of this chapter. (B) The application shall include the following: (1) A site plan indicating the proposed location of all outdoor lighting fixtures and signs; (2) A description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer’s catalog cuts and drawings (including sections where required), lamp types and lumen outputs; (3) Photometric data, such as that furnished by manufacturers, or similar, showing the angle of cut-off of light emissions for the proposed luminaires; and (4) Such other information as the Planning Director may determine is necessary to ensure compliance with the provisions of this chapter. (C) If the Planning Director determines that the proposed lighting does not comply with the provisions of this chapter, the permit shall not be issued or the plan approved. (1966 Code, § 32-11) (Ord. 748 § 1(part))

(A) The Planning Director may grant a permit for temporary lighting, if he or she finds the following: (1) The purpose for which the lighting is proposed is not intended to extend beyond 30 days; (2) The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as is feasible; (3) The proposed lighting will comply with the general intent of this chapter; and (4) The permit will be in the public interest. (B) The application for the temporary lighting permit shall include the following information:

(1) Name and address of applicant and property owner; (2) Location of proposed fixtures; (3) Type, wattage and lumen output of lamp(s); (4) Type and shielding of proposed fixtures; (5) Intended use of the lighting; (6) Duration of time for requested exemption; (7) The nature of the exemption; and (8) Such other information as the Planning Director may request. (C) The Planning Director shall rule on the application within five business days from the date of submission of the request and notify the applicant in writing of his or her decision. The Planning Director may grant one renewal of the permit for an additional 30 days if he or she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Planning Director is not authorized to grant more than one temporary permit and one renewal for a 30-day period for the same property within one calendar year. (1966 Code, § 32-12) (Ord. 748 § 1(part))

(A) The non-conforming use of land or buildings, non-conforming as to lighting requirements of this chapter, may be continued, transferred and sold provided that no such use may be enlarged or increased, nor be extended to occupy a greater area than that which it lawfully occupied, prior to becoming a non-conforming use. If any such use is abandoned, subsequent use of the land or building shall be brought into conformance with the provisions of this chapter. (B) Any construction permit which invokes the Uniform Building Code’s certificate of occupancy requirements shall specify and require that any non- conforming sign, non-conforming as to lighting requirements of this chapter, located within the boundaries of the development site authorized by the permit, shall be brought into conformance with the provisions of this chapter. (C) No outdoor lighting fixture which was lawfully installed prior to the enactment of this chapter shall be required to be removed or modified except as expressly provided in this section; however, no modification or replacement shall be made to a non- conforming fixture unless the fixture thereafter conforms to the provisions of this chapter. (D) In the event that any non-conforming sign, non-conforming as to lighting requirements of this chapter, is abandoned or is damaged, and, if damaged, the damage exceeds 50% of the reproduction value, exclusive of foundations, to replace it, the sign shall be brought into conformance with the provisions of this chapter. (1966 Code, § 32-13) (Ord. 748 § 1(part))

Any person desiring to install an outdoor lighting fixture not allowed by this chapter may apply to the Planning Commission for a variance from the regulation in question, as provided for in Title 25 (Zoning Ordinance) of this code. (1966 Code, § 32-14)

In the event of conflict between the provisions of this chapter and any other regulations applicable to the same property and proposed use thereof, the more restrictive provisions shall govern. (1966 Code, § 32-15) (Ord. 748 § 1(part))

It shall be unlawful to install or operate an outdoor light fixture in violation of this chapter. Any outdoor light fixture erected, maintained and/or used contrary to the provisions of this chapter is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code. Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code. Each and every day during which the illegal erection, maintenance and use continues is a separate offense. (1966 Code, § 32-16) (Ord. 748 § 1(part))

Any person aggrieved by any decision of the Planning Director may appeal the decision as provided for in Title 25 (Zoning Ordinance) of this code.

(1966 Code, § 32-17) EXHIBIT A: ZONE MAP

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