Chapter 83.07 — LIGHT TRESPASS

This chapter shall be known as the "San Bernardino County Light Trespass Ordinance." (Ord. 4419, passed - -2021)

The purpose of this chapter is to implement the goals and policies of the Countywide Plan and to protect and promote the public health, safety, welfare, and quality of life of the citizens and visitors of the County by establishing regulations and a process for review of outdoor lighting in order to accomplish the following:

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

(b) Assist in the overall efforts by the County to preserve the night sky and thereby help preserve the County's rural quality of life and the scenic value of this desirable visual resource.

(c) Promote wildlife habitation and migration by minimizing light trespass and pollution into and adjacent to habitat areas.

• (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 can evolve according to advancements in technology.

(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 laws.

(Ord. 4419, passed - -2021)

The definitions in this section are intended to apply to this chapter only. Any term or phrase which is not specifically defined herein shall have the definition as provided by Division 10 of the Development Code or elsewhere within the County Code. The following words and phrases are defined as follows:

DIRECTIONAL LIGHTING. Methods of directing light downward, rather than upward or outward, with the intention of directing light where it is needed.

FOOT-CANDLE (ABBREVIATED 'FC'). A unit of illuminance defined as one lumen per square foot. One footcandle is approximately equal to 10.76 lux.

FULLY SHIELDED. 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 through the fixture's lowest light-emitting part.

GLARE. Light or illuminance entering the eye directly from a light fixture or indirectly from reflective surfaces that causes visual discomfort, reduced visibility to a reasonable person, or is in violation of this chapter.

ILLUMINANCE. The intensity of light falling upon or hitting a given surface, and is measured in units of footcandles or lux.

KELVIN. The measure of the color temperature of a light source. Warmer temperatures are a lower number, and cooler temperatures are a higher number.

LAMP. 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.

LIGHT POLLUTION. The unintended, adverse and/or obstructive effects from the use of outdoor light.

LIGHT SOURCE. A light emitting portion of the luminaire and any diffusing elements and surfaces intended to reflect or refract light emitted from the lamp individually or collectively. Examples include a lamp, bulb, lens, highly reflective surface, or frosted glass.

LIGHT TRESPASS. Artificial light or illuminance that falls beyond the property that it is located on. LUMEN. The 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).

LUX (ABBREVIATED 'LX'). The unit of illuminance defined as one lumen per square meter. One lux is approximately equal to 0.093 foot-candle.

OUTDOOR LIGHT FIXTURES. Outdoor electrically powered 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."

SEASONAL LIGHTING. Temporary lighting displays installed and operated on a property, typically in connection with holidays or traditions. Lighting shall not be considered seasonal if the lighting display is installed or operated more than 30 days prior to a holiday or tradition, or more than 30 days after the holiday or tradition.

SKY GLOW. 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. Sky glow is caused by light directed or reflected upwards or sideways.

STRING LIGHTS. Outdoor light fixtures or light source connected by free-strung wires or inside of tubing resulting in several or many points of light that are unshielded or partly shielded light sources. (Ord. 4419, passed - -2021)

(a) Application. Except as provided in subdivision (c), the provision of this chapter shall apply to all outdoor lighting in the valley region, as specified in § 83.07.050, and mountain and desert regions, as specified in § 83.07.060. All outdoor light fixtures installed after the effective date of this chapter shall comply with this chapter.

(b) Non-conforming Lighting. Except as provided in subdivision (c), all outdoor light fixtures installed prior to the effective date of this chapter are subject to the compliance period set forth in § 83.07.080. Notwithstanding the compliance period, the following requirements shall be complied with immediately:

(1) Outdoor light fixtures that have the ability to be redirected, shall be directed downward so as to minimize sky glow, glare and light trespass onto adjacent properties; and

(2) Outdoor light fixtures that have adjustable dimmers with color temperature that exceeds 3,000 Kelvin shall be dimmed to 3,000 Kelvin or lower to minimize glare and light trespass onto adjacent properties.

(c) Exempt Lighting and Activities. The following lighting and activities are not regulated by this chapter:

(1) Indoor lighting.

(2) Lighting within the public right-of-way for the principal purpose of illuminating public streets or traffic control.

(3) Lighting solely used to illuminate signs for which a permit has been received.

(4) Lighting solely used to illuminate address signs.

(5) 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.

• (6) Aircraft navigation lights such as those attached to radio/television towers and regulated by federal or state standards.

• (7) Short-term lighting associated with activities authorized by a valid temporary use permit, special event permit or film permit during the duration of the permit.

• (8) Outdoor lighting fixtures on facilities or lands owned, operated, or controlled by the United States Government or State of California.

• (9) Short-term lighting associated with recreational facilities for outdoor sport and recreational use. Recreational facilities shall not be illuminated unless the facilities are being utilized. The illumination shall be turned off no later than 11:00 p.m. or one hour after termination of the event and/or use, whichever occurs last.

• (10) Seasonal lighting.

(11) Outdoor lighting, or other facility lighting, for industrial facilities that conduct outdoor operations after sunset and before sunrise pursuant to a valid use permit, or other land use entitlement, or otherwise applicable law. (Ord. 4419, passed - -2021)

This section provides standards for outdoor lighting in the Valley region of the County.

(a) Light Trespass from Commercial or Industrial Use - Prohibited. Outdoor lighting of commercial or industrial land uses shall be fully shielded to preclude light pollution or light trespass in excess of the maximum allowed footcandles allowed by subdivision (b) on any of the following:

• (1) An abutting residential land use zoning district;

• (2) A residential parcel; or

• (3) Public right-of-way.

(b) Maximum Allowed Foot-candles. Direct or indirect light from any light source shall not cause light trespass exceeding five-tenths foot-candles when measured at the property line of a residential land use zoning district, residential parcel, or public right-of-way. Light levels shall be measured with a light meter, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination (CIE). (Ord. 4419, passed - -2021)

This section provides standards for outdoor lighting in the mountain and desert regions of the County.

(a) Shielding Required. All outdoor light fixtures shall be fully shielded, installed and maintained in such a manner that the shielding does not permit light trespass in excess of amounts set forth in subdivision (f).

(b) Light Pollution Standards. Light pollution and trespass shall be minimized through the use of directional lighting, fixture location, height and the use of shielding and/or motion sensors and timers in such a manner that the light source does not permit light trespass in excess of amounts set forth in subdivision (f).

(c) Automated Controls. Automated control systems, such as motion sensors and timers, shall be used to meet curfew requirements set forth in subdivision (d). Photocells or photo controls shall be used to extinguish all outdoor lighting automatically when sufficient daylight is available. Automated controls should be fully programmable and supported by battery or similar backup.

(d) Dark Sky Curfew. All outdoor lighting shall be extinguished by 11:00 p.m., close of business, or when people are no longer present in exterior areas, whichever is later, except for the following:

(1) Lighting used for entry and exit points of a structure, parking areas, driveways and driveway ingress/egress points; or

• (2) Lighting activated by a motion sensor that extinguishes no later than five minutes after activation.

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

(f) Allowable Light Trespass. Outdoor lighting shall not cause light trespass exceeding one-tenths foot-candles measured with a light meter oriented vertically or horizontally either at the property line of the adjacent property or measured from some other point on the property where light trespass may be reasonably determined to occur due to differences in property or improvement elevations.

(g) Blinking, Flashing, or High Intensity Lighting. Permanently installed lighting that blinks, flashes or is of high intensity or brightness that causes a light trespass is prohibited.

(h) Residential String Lights. Notwithstanding anything to the contrary, string lights may be allowed in outside dining areas, entertainment areas or used as landscape lighting in connection with a residential dwelling or use provided that all of the following conditions are met:

(1) The correlated color temperature of the light sources does not exceed 3,000 Kelvin; and

(2) The emission of no individual lamp in the string exceeds forty initial lumens, and the aggregate total of lumen output of such string lights used as outdoor light fixtures does not exceed 4,000 lumens.

(Ord. 4419, passed - -2021)

(a) Conflicts. In the event the provisions in this chapter conflict with federal or state law, this section 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, the provisions of federal or state law shall prevail over the provisions contained in this chapter only to the extent necessary to avoid a violation of those laws.

(b) Minimum Lighting Standards. This chapter provides for minimum outdoor lighting standards. In order to further minimize light pollution and light trespass, nothing in this chapter shall prohibit the County from imposing standards that are more restrictive as a condition of approval for a discretionary land use. Nor shall this chapter 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.

(Ord. 4419, passed - -2021)

(a) Compliance Period. Notwithstanding the provisions in Chapter 84.17 (Nonconforming Uses and Structures), a property owner shall comply with the requirements of this chapter by the compliance deadlines set forth in paragraphs (1) or (2). Any non-compliant lighting still in place after the compliance deadline shall remain extinguished at all times, except for lighting provided for security or safety purposes.

(1) Outdoor lighting in commercial and industrial land use zoning districts shall comply within 18 months from the effective date of this ordinance.

(2) Outdoor lighting in all remaining land use zoning districts shall comply within 24 months from the effective date of this ordinance.

(b) Extension. Notwithstanding subdivision (a), a property owner may submit a written request to the Director for an extension of the deadline, which shall clearly detail why an extension is needed. Upon demonstration of good cause

for providing a property owner additional time to comply with the requirements of this section, the 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 Director issue an extension of the compliance period in excess of one year. The decision of the Director shall be appealable pursuant to the same provisions and procedures as set forth in subdivision (a) of § 81.02.020.

(c) Change of Use. If a property with non-compliant lighting changes use after the effective date, then all outdoor lighting shall be brought into compliance with this chapter, either by the property owner or tenant before the new use begins.

(Ord. 4419, passed - -2021)

Any violation of the provisions of this chapter by any person shall be punishable in accordance with the provisions of Chapter 86.09 (Enforcement) of this Development Code and Chapter 2 (Violations and Enforcement) of Division 1 of Title 1 of the County Code.

(Ord. 4419, passed - -2021)