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forms, and definitions adopted by the Department of Housing and Community De velopment. The department may re view, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the le gislative body where members of the public shall be allowed to provide oral testimony and written comments.
(iii) The report may include the number of units that have been completed pursuant to subdi vision (c) of Section 65583.1. F or purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdi vision (c) of Section 65583.1 shall not be required.
The report shall document ho w the units meet the standards set forth in that subdivision.
(iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing de velopment was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
(C) The number of housing development applications received in the prior year , including whether each housing de velopment application is subject to a ministerial or discretionary appro val process.
(D) The number of units included in all de velopment
applications in the prior year.
(E) (i) The number of units appro ved and disappro ved in the prior year, which shall include all of the following subcategories:
(I) The number of units located within an opportunity area. (II) For the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for acutely low income households within each opportunity area.
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(III) For the seventh and each subsequent revision of the housing element, the number of units appro ved and disappro ved for extremely low income households within each opportunity area. (IV) The number of units appro ved and disappro ved for v ery low income households within each opportunity area.
(V) The number of units appro ved and disapproved for lower income households within each opportunity area.
(VI) The number of units appro ved and disappro ved for moderate-income households within each opportunity area. (VII) The number of units approved and disapproved for above moderate-income households within each opportunity area. (ii) For purposes of this subparagraph, “opportunity area” means a highest, high, moderate, or lo w resource area pursuant to the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
(F) The degree to which its appro ved general plan complies with the guidelines de veloped and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the in ventory required by paragraph (1) of subdi vision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may ha ve been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and ne w units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupanc y, thus f ar in the housing element cycle, and the income cate gory, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I) For each income cate gory described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. (II) For each entitlement, b uilding permit, or certificate of occupancy, include a unique site identifier that must include the 99 — 34 — SB 457
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assessor’s parcel number, but may also include street address, or other identifiers.
(III) For the se venth and subsequent re visions of the housing element, suite-style student housing quarters. The Department of Housing and Community De velopment shall e valuate the
jurisdiction’s progress in meeting its share of the regional housing needs determined pursuant to Section 65584, with particular attention to the housing needs of lo wer income households.
Suite-style student housing quarters shall not satisfy more than 25 percent of an y income cate gory in determining a jurisdiction’ s progress in meeting its share of the re gional housing needs. A suite-style student housing quarters that meets all of the following requirements may be counted to ward a jurisdiction’ s progress toward meeting the regional housing needs:
(ia) The unit includes a fully functioning kitchen with a refrigerator, stove, sink with hot and cold water, vent, and an area to prepare food.
(ib) The unit has a ratio of beds to toilets, lavatories, and showers not exceeding five to one.
(ic) The unit meets the requirements described in Section 17920.3 of the Health and Safety Code. Any unit or structure that does not meet the requirements of that section shall not be counted toward the local jurisdiction’s progress.
(ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments appro ved pursuant to subdi vision (c) of Section 65913.4, the total number of b uilding permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J) If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. 99 SB 457 — 35 —
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(K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserv e, and mitig ate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L) The following information with respect to density bonuses granted in accordance with Section 65915:
(i) The number of density bonus applications recei ved by the city or county.
(ii) The number of density bonus applications approved by the city or county.
(iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus recei ved, the percentage of af fordable units in the project, the number of other incentives or concessions granted to the project, and an y waiver or reduction of parking standards for the project.
(M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i) The location of the project.
(ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii) The number of units in the project.
(iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(N) A list of all historic designations listed on the National Register of Historic Places, the California Re gister of Historic Resources, or a local register of historic places by the city or county in the past year, and the status of any housing development projects proposed for the ne w historic designations, including all of the following:
(i) Whether the housing development project has been entitled. (ii) Whether a building permit has been issued for the housing development project.
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(iii) The number of units in the housing development project. (b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdi vision (a) within 90 days of receipt. A planning agency shall mak e the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2) If a court finds, upon a motion to that ef fect, that a city , county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days.
If the city , county, or city and county f ails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may , upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as pro vided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 2. The Legislature finds and declares that Section 1 of this act amending Section 65400 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California 99 SB 457 — 37 —
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Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to le vy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: April 7, 2025
Report #:2411-3741
TITLE
FIRST READING: Adoption of an Ordinance Updating Palo Alto Municipal Code (PAMC) Section
18.40.250 (Lighting) of Chapter 18.40 (General Standards and Exceptions) and Amending Chapters 18.10, 18.12, 18.28, and Section 18.40.230 of Title 18 (Zoning) to Adopt New Outdoor Lighting Regulations; CEQA Status -- Exempt pursuant to CEQA Guidelines Section 15308 (Actions for Protection of the Environment).
RECOMMENDATION
Staff recommend the City Council adopt the Draft Ordinance updating Palo Alto Municipal Code (PAMC) Section 18.40.250 (Lighting) of Chapter 18.40 (General Standards and Exceptions) and Amending Chapters 18.10, 18.12, 18.28, and Section 18.40.230 of Title 18 (Zoning) to adopt new outdoor lighting regulations.
EXECUTIVE SUMMARY
In response to growing concerns about light pollution and its impact on both the natural environment and wildlife, the City Council adopted a priority in 2023 and 2024, directing staff to prepare measures to reduce light pollution and protect wildlife. The proposed ordinance is generally consistent with the Dark Sky principles, which focus on reducing unnecessary lighting, directing light where it’s needed, and using warmer, less intrusive light sources.
Key elements of the proposed ordinance include requirements for fully shielded outdoor lighting, a maximum color temperature, and the use of timers or motion sensors to ensure that lighting is only on when necessary. The ordinance also includes specific provisions for outdoor lighting in certain areas or for specific purposes. The ordinance has undergone extensive review, resulting in modifications made based on further analysis and understanding of implementation and enforcement impacts. As a result, the ordinance differs from the Planning and Transportation Commission’s recommendations in certain areas, and the differences are described in the Analysis section of this report.
Incorporating the Dark Sky principles, staff has prepared a draft ordinance updating the existing lighting standards in Palo Alto Municipal Code Section 18.40.250 for City Council consideration.
The ordinance reflects feedback from the Architectural Review Board (ARB), recommendation Item 18
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from the Planning and Transportation Commission (PTC), as well as comments received from the public and internal City staff review.
The proposed regulations reflect Palo Alto’s commitment to sustainability, environmental protection, and responsible urban development.
BACKGROUND
City Council Priority
In February 2023, the Council selected and approved the 2023 City Council Priorities and Objectives. Under the Climate Change and the Natural Environment (CC&NE) category, Council directed staff to initiate an evaluation of strategies to protect natural habitats such as bird friendly glass and wildlife protection from light pollution in accordance with implementation measure CC&NE 6. In January 2024, the Council included “Climate Change and the Natural Environment: Protection and Adaptation” as a continued priority for this year. “Approve a bird friendly glass and wildlife light pollution protections ordinance” is 2024 City Council Objective #35. This report and ordinance address light pollution protections; bird-friendly glass is a separate effort to follow.
Lighting and Dark Sky International
The term “dark sky” generally refers to movement and achievement of significant reduction in light pollution so that the sky returns or becomes closer to its natural nighttime darkness.
Jurisdictions can implement regulations to decrease light pollution, and many cities have adopted “dark sky” ordinances to reduce light pollution.
Dark Sky International is a recognized worldwide authority combatting light pollution.1 The organization publishes guidance for communities seeking to achieve a “dark sky” and decrease light pollution. The framework focuses on principles which have been incorporated into the proposed ordinance:
1. Useful: Use light only if it is needed. All light should have a clear purpose. Consider how the use of light would impact the area, including wildlife and their habitat.
2. Targeted: Direct light so it falls only where needed. Use shielding and careful aiming to target the direction of the light beam so that it points downward and does not spill beyond where it is needed.
3. Low Level: Light should be no brighter than necessary. Use the lowest light level required. Be mindful of surface conditions, as some surfaces may reflect more light into the night sky than intended.
4. Controlled: Use light only when it is needed. Use controls such as timers or motion detectors to ensure that light is available when it is needed, dimmed when possible, and turned off when not needed.
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5. Warm-colored: Use warmer color lights where possible. Limit the amount of shorter wavelength (blue-violet) light to the least amount needed.
Architectural Review Board
On February 15, 2024,2 and July 18, 2024,3 the ARB reviewed potential Dark Sky regulations.
The ARB suggested approaches for distinctive areas within the city such as foothills and Baylands and explored the creation of a “Light Sensitive Area” to regulate different areas with different lighting standards. Staff considered this concept but concluded that it might be unnecessarily complicated and potentially increase the regulatory requirements in areas of the City that are not significant nighttime light emitters or may result is less stringent regulations in other built-out urban areas in order to different standards from light sensitive areas.
Accordingly, this recommendation is not included in the draft ordinance. The ARB also discussed alternative methods for regulating certain lighting requirements, such as string lighting. Staff refined these requirements to eliminate ambiguity and incorporated them into the ordinance. After deliberation at their study sessions, the ARB recommended staff to consider applying the new lighting standards to new construction and “substantial remodels” as defined in 16.17.0704, which has been incorporated into the ordinance.
Planning and Transportation Commission
On August 28, 2024,5 the PTC considered a Draft Lighting Ordinance. The PTC continued the item to allow for additional staff analysis regarding lighting curfews and technology, appropriate lighting for safety, and lighting needs for specific uses. On October 30, 2024,6 the PTC considered the revised ordinance voted 6-1 to forward the staff recommendation to the City Council with the following modifications:
1. Reinstate the provision that would expand applicability to projects that only include new or replacement of existing luminaires;
2. Add a hardship exception process;
3. Change light trespass allowance from 0.5 to 0.1 footcandle throughout the ordinance; 2 Link to the ARB agenda for the study session on February 15, 2024 (Item #3):
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13800 3 Link to the ARB agenda for the study session on July 18, 2024 (Item #3):
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13877 4 PAMC Section 16.17.070 defines that "SUBSTANTIAL REMODEL" (AKA 50-50-50 RULE) is any project or projects that affects the removal or replacement of 50% or more of the linear length of the existing exterior walls of the building, and/or 50% or more of the linear length of the existing exterior wall plate height is raised, and/or 50% or more of the existing roof framing area is removed or replaced, over a 3-year period. Any permit(s) applied for will trigger a review of a 3-year history of the project. This review will result in determining if a substantial remodel has occurred. The Chief Building Official or designee shall make the final determination regarding the application if a conflict occurs.
5 Link to the PTC agenda for the public hearing on August 28, 2024 (Item #2):
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13702 6 Link to the PTC agenda for the public hearing on October 30, 2024 (Item #2):
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4. Reduce time limit on motion sensors from 10 minutes to five minutes;
5. Add definition terminology requested by Sierra Club based on suggested best practices; and
6. Recommend to City Council that further outreach be done at the time of implementation, informing residents of the new regulations; and that regulations for interior commercial lighting be considered in the future. (See Stakeholder Engagement section for more information.)
After further staff analysis and discussion about implementation and enforcement, the draft ordinance incorporated some of the PTC recommendations but not all. The analysis section below describes how the draft ordinance differs from the PTC recommendation in more detail.
ANALYSIS
PAMC Section 18.40.250 includes existing standards the City uses to regulate lighting. The proposed ordinance would amend this section with additional lighting standards to reduce light pollution consistent with Dark Sky principles. The ordinance is structured to regulate lighting through the following subsections:
•Applicability
•Lighting Standards – Shielding
•Lighting Standards – Illumination Level
•Lighting Standards – Lighting Control
•Special Purpose Lighting
Certain provisions of the draft ordinance recommended by staff differ from the PTC’s recommendation. These provisions are detailed below where applicable.
Applicability
This section specifies that the ordinance applies the lighting standards to new construction, major renovation (per definition of Substantial Remodel), and new outdoor luminaires that require the issuance of a building permit. This differs from the PTC recommendation, which expanded the ordinance to also apply to replacement of outdoor luminaries or lighting systems that require the issuance of a building permit, not just new lighting. Staff’s recommendation, as reflected in the draft ordinance, differs from that of the PTC in order to reduce the enforcement and limit financial costs associated with these smaller projects.
Staff considered an exception for projects facing significant financial impact from the new lighting requirements per PTC direction. However, staff determined that separating lighting costs from the entire construction cost or project valuation would be difficult for both applicants and staff responsible for verification. Furthermore, the new standards do not apply to the replacement of existing outdoor lighting or changes to the lighting type or system, which was one of scenarios that led to the concerns of financial burdens. An exception for historic resources has been added to ensure that the new standards do not impair historical integrity.
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Exemptions
To provide flexibility, the proposed lighting ordinance includes a number of exemptions, including illuminated street numbers, temporary or emergency lighting, special events, seasonal displays, and lighting for airport operations. The ordinance includes a provision to address conflicts that may arise with other codes or State laws, and allows the conflicting building, fire, or state/federal law to take precedence. Public facilities may be granted for adjustments to the regulations in the ordinance to ensure efficient operation, maintenance, safety, and security.
Lighting Standards – Shielding
Directing lighting downwards and minimizing light trespass is one of the Dark Sky principles.
The existing lighting requirements address shielding for pedestrian and security lighting, architectural lighting, and lighting fixture location. The update to the ordinance would expand the requirements to encompass all lighting to reduce light pollution. Limited exceptions are included for low-voltage landscape lighting, low-voltage lighting for illuminating outdoor art or public monument, sidewalk-facing lighting on a property line, and string lighting.
The maximum light trespass to an adjacent property is currently 0.5 foot-candle in the City’s lighting code. Staff recommends no change to this standard. The PTC recommends 0.1 foot candle, which was adopted in a nearby jurisdiction and reflects the Commission’s interest to minimize light spilling over to adjacent properties. While supporting this interest, staff is concerned that it sets up an unrealistic expectation of essentially no light spilling over to adjacent property and may result in increased complaints to the code enforcement program – taking staff away from other priority cases. Moreover, the California Building and Safety Code stipulates a minimum illumination of 1 foot-candle for exit paths to ensure safe building egress; this standard will prevail where there is a conflict. Balancing the ordinance’s objectives with critical safety considerations, the maximum light trespass level was ultimately maintained at 0.5 foot-candle.
Lighting Standards – Illumination Level
The ordinance requires the color temperature at maximum of 2,700 Kelvin. This warmer temperature is less likely to disrupt the night environment and can minimize light pollution and glare when combined with other lighting requirements in the draft ordinance.
Lighting Standards – Lighting Control
The existing lighting requirements encourage the installation of timers and dimmers to reduce light glare for both exterior and interior lighting during nighttime hours. The proposed ordinance requires exterior lights be extinguished or motion-sensor activated by 10:00 p.m., unless the outdoor area is being used. To further minimize unnecessary light use, the proposed regulations require motion sensors to deactivate after a maximum of five minutes.
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requirement to existing buildings and structures because it presents significant enforcement challenges. Enforcing a lighting curfew on all existing buildings would be extremely complex and resource-intensive and is simply unsupported based on existing staff levels. Moreover, requiring existing lighting fixtures to comply would set up an unrealistic expectation that all existing lighting would comply with the subject ordinance upon ordinance adoption. Because mandatory motion sensors would be a cost burden for property owners, a lighting curfew without them would likely result in widespread non-compliance, increased neighbor disputes, and diminished public support for dark sky initiatives. Accordingly, the proposed ordinance does not apply the lighting curfew to existing buildings and structures.
Special Purpose Lighting
The Special Purpose Lighting subsection includes new standards for the following five key categories:
•Low Density Residential Lighting. The existing lighting requirements from low density residential chapters have been consolidated into this subsection. To avoid requiring lighting plans for low-density residential projects, which are typically not needed for single-family homes, a separate brightness standard is provided in lumens. If the standard were specified in footcandles, lighting plans would be necessary. This lumen level is based on the Dark Sky International’s model lighting ordinance. •Outdoor Security Lighting: Requirements for outdoor security lighting mirror general lighting standards, including requirements for lighting control and shielding. Exceptions for motion sensors are provided where continuous lighting is required by the California Building Code.
•Athletic Facilities Lighting: This section aims to minimize light pollution and disturbance to surrounding areas. Lighting must be focused based on the purpose of the facility, with adjustable intensity for different uses. Lights have specific timer and shutoff requirements.
•Automobile Service Station Lighting: Automobile service station lighting is required to be fully recessed or mounted directly to the underside of canopies. The maximum light intensity level for canopies is set at 12.5 foot-candles, which falls within the Illuminating Engineering Society (IES) recommended range of 10 to 15 foot-candles for gas stations.7 •Lighting for Outdoor Space above Ground Floor: The lighting standards from the existing PAMC Section 18.40.230 (Rooftop Gardens) were incorporated into this ordinance for consistency with Dark Sky principles.
•String Lighting: A color temperature of 2,700 Kelvin and brightness not exceeding 42 lumens per each light burb is required.
7 IES Recommended Light Levels:
https://waypointlighting.com/uploads/2/6/8/4/26847904/ies_recommended_light_levels.pdf Item 18
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Enforcement
Existing light fixtures and sources that do not comply with the subject provisions may continue and the ordinance allows for minor replacement and repair. Enforcement of this ordinance will largely occur when staff are reviewing plans for a building permit and upon final building inspection. Proactive enforcement of this ordinance to existing buildings, structures, or properties is not possible with existing resources. Complaints about non-complying properties will be evaluated on a case-by-case basis.
POLICY IMPLICATIONS
The lighting ordinance update to reduce light pollution is consistent with the Comprehensive Plan’s Natural Environment Element. The vision for the Natural Environment Element is to preserve its natural environment and resources for future generations through sustainable practices, conservation efforts, and climate change adaptation strategies. Policy N-7.5 encourages lighting that protects dark skies and Policy N-1.9 specifically references shielding exterior lighting in the foothills. By improving nighttime visibility, protecting nocturnal wildlife, and enhancing energy efficiency, the updated lighting ordinance aligns with the Comprehensive Plan’s goals of protecting the natural environment and promoting a healthier and more sustainable community.
While the lighting ordinance update primarily aims to reduce light pollution, it does not directly relate to any of the key actions of the Palo Alto Sustainability Climate Action Plan (S/CAP).
However, it contributes to one of the goals of “restoring and enhancing resilience and biodiversity of our natural environment throughout the City.” Implementation of the updated lighting ordinance would provide better habitat for nocturnal wildlife species, which would result in protecting the natural environment and promoting a more sustainable environment.
Although not explicitly listed as a goal or action in the S/CAP, implementing the updated lighting ordinance could reduce electricity usage over time. This is because outdoor lighting would need to be turned off and controlled by motion sensors after a certain time. This reduction could contribute to a more sustainable community in Palo Alto and support other S/CAP goals and actions.
As part of the implementation of Housing Element Program 3.2 (Monitor Constraints to Housing), the City evaluates initiatives proposing new regulations and the impact regulations may impact housing production, if at all. The update to the Lighting ordinance is anticipated to have an insignificant impact on housing production, if any, as it is not directly related to building design and only addresses outdoor lighting. While new housing projects may experience some cost increases and design restrictions due to the ordinance, these are expected to be minimal. Dark sky compliant products are readily available, and effective lighting control technologies exist.
However, policy recommendations in this report, particularly with respect to ordinance applicability to existing structures, may be viewed by some as not going far enough to advance dark skies initiatives.
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FISCAL/RESOURCE IMPACT
The implementation of the proposed ordinance is not anticipated to have any direct fiscal impacts on the City budget.
STAKEHOLDER ENGAGEMENT
Staff conducted two study sessions, one in February and another in July 2024 through the ARB to provide a forum for community members to express their views and concerns regarding the proposed ordinance. In addition, staff have engaged with representatives from the Santa Clara Valley Audubon Society and Sierra Club Loma Prieta Chapter to solicit their input on the proposed ordinances.
Staff received numerous comment letters from the Santa Clara Valley Bird Alliance (formerly known as the Santa Clara Valley Audubon Society) and Sierra Club Loma Prieta Chapter on various versions of the draft ordinance presented to the ARB and PTC. The public comments included specific modification recommendations on the multiple versions of the draft Lighting ordinance. Staff received an additional comment letter from a resident who expressed concern that the lighting ordinance update might be too prescriptive, despite supporting responsible outdoor lighting practices and fearing it might reduce the safety of his property.
All public comments received for the draft lighting ordinance are in Attachment D.
Future Outreach
PTC recommended to the City Council that further outreach be done at the time of implementation, informing residents of the new regulations; and that regulations for interior commercial lighting be considered in the future. Unless directed otherwise, staff will inform the project’s interested parties about the ordinance adoption and provide a copy for review. Staff will also prepare information to be shared on the City’s website and at the Development Center regarding the new regulations and communicate as appropriate through other City communication channels. The City Council could also consider additional regulations for interior commercial lighting at future priority-setting sessions.
ENVIRONMENTAL REVIEW
The City has reviewed these proposed ordinances in accordance with that authority and criteria set forth in the California Environmental Quality Act. The City, as the lead agency, anticipates that these ordinances will be exempt from CEQA in accordance with CEQA Guidelines Section 15308, which includes actions by regulatory agencies for the protection of the environment.
ATTACHMENTS
Attachment A: Draft Ordinance Updating Lighting Standards (PAMC Section 18.40.250) Attachment B: Model Dark Sky Ordinances
Attachment C: Other Jurisdictions on Outdoor Lighting and Dark Sky Regulations Attachment D: Public Comments
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Repealing and Replacing Section
18.40.250 (Lighting) of Chapter 18.40 (General Standards and Exceptions) and Amending Chapters 18.10, 18.12, 18.28 and Section 18.40.230 of Title 18 (Zoning) of the Palo Alto Municipal Code to Adopt New Outdoor Lighting Regulations
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The term “dark sky” generally refers to achievement of significant reducƟon in light polluƟon so that the sky returns or becomes closer to its natural nighƫme darkness.
B. Adhering to Dark Sky principles, which promote responsible outdoor lighƟng pracƟces, can significantly reduce light polluƟon and miƟgate its harmful effects. These principles emphasize using shielded, downward lighƟng, and selecƟng appropriate lighƟng colors and intensiƟes.
C. On January 29, 2024, the City Council selected four City Council prioriƟes, one of which is the Climate Change & Natural Environment – ProtecƟon & AdaptaƟon, and included an objecƟve to “approve a bird safe glass and wildlife light polluƟon protecƟons ordinance.”
D. On February 14, 2024, and July 18, 2024, the Architectural Review Board conducted study sessions and provided feedback on the draŌ Dark Sky Ordinance.
E. On August 14, 2024, the Planning and TransportaƟon Commission reviewed the draŌ ordinance and provided feedback. However, they did not make a recommendaƟon and asked staff to return with more informaƟon and conƟnued the hearing to a date uncertain.
F. On October 30, 2024, the Planning and TransportaƟon Commission recommended that City Council adopt the ordinance.
G. The ordinance aligns with Dark Sky principles and protects the night sky, protecƟng wildlife and supporƟng a sustainable and resilient community.
SECTION 2. Section 18.40.250 (Lighting) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is repealed in its entirety and replaced with a new Section 18.40.250 (Lighting) to read as follows:
18.40.250 Lighting
(a) Purpose. The intent of this section is to establish exterior lighting standards to reduce light pollution. Exterior lighting of parking areas, pathways, and common open spaces, including fixtures on building facades and free-standing lighting should aim to:
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(1) Reduce light pollution and its adverse effects on the environment, wildlife habitat, and human health;
(2) Minimize the visual impacts of lighting on abutting or nearby properties and from adjacent roadways;
(3) Provide safe and secure access on a site and adjacent pedestrian routes; (4) Achieve maximum energy efficiency; and
(5) Complement the architectural design of the project. (b) Definitions. For purposes of this chapter, the following words and phrases are defined as follows:
(1) “Correlated Color Temperature” or “Color Temperature” means 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.
(2) “Fully Shielded” means a luminaire 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 luminaire, is projected below the horizontal plane extending from the bottom of the lamp. (3) “Glare” means light entering the eye directly from a luminaire or indirectly from reflective surfaces that causes visual discomfort or reduced visibility to a person. (4) “Lamp” means, in generic terms, a source 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.
(5) “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.
(6) “Lumen” means the common unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a luminaire (as distinct from “Watt,” a measure of power consumption).
(7) “Luminaire” 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.
(8) “Seasonal lighƟng” means lighƟng installed and operated in connecƟon with holidays or tradiƟons within the Ɵme period specified in SecƟon 18.40.250(d)(4). String Item 18
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lighƟng used outside these periods is not considered seasonal lighƟng and shall be subject to requirements in SecƟon 18.40.250(f)(6).
(9) “Security lighting” means lighting intended to detect intrusions or criminal activity occurring on a property or site. Also commonly referred to as perimeter lighting. (10) “String lighting” means light sources connected by free-strung wires or inside of tubing resulting in several or many points of light.
(c) Applicability. The outdoor lighting standards and guidelines set forth in this Section shall apply to the following projects:
(1) All newly constructed structures and buildings; or
(2) Structures or buildings proposing a Substantial Remodel, as defined in Section
16.14.070; or
(3) New installation of outdoor luminaires requiring a building permit. (d) Exemptions. The following types of lighting are exempt from the lighting requirements of the section:
(1) Illuminated street numbers;
(2) Temporary construction or lighting for emergency personnel; (3) Lighting authorized by a special event, special or temporary use permit; (4) Seasonal lighting during the period of October 15 through January 15 of each year; (5) Lighting for Airport Operations. Nothing in this section shall be interpreted to restrict, limit, or otherwise regulate lighting that, in the reasonable judgment of the Airport Manager, is prudent or necessary for airport operations, airport safety, or air navigation in connection with operations at the Palo Alto Municipal Airport; or (6) Lighting for Emergency Shelters. Lighting for emergency shelters shall be subject to PAMC 18.14.060.
(e) Lighting Standards.
(1) Shielding
(A) All outdoor lighting shall be fully shielded and directed to avoid light trespass. No lighting shall trespass more than 0.5-foot candle as measured at the property line.
(B) Exceptions for shielding requirements shall be applied to the following types of lighting:
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(i) Low voltage landscape uplighting used to illuminate fountains, shrubbery, trees, and walkways, outdoor art or public monuments provided that they use no more than a 10-watt incandescent bulb or LED equivalent or emit no more than 150 lumens. These luminaires may not direct light towards the public right-of-way;
(ii) Sidewalk-facing lighƟng for zero lot line developments, provided the luminaires are motion-activated and automatically extinguish within five minutes without further activation; or
(iii) String lighting pursuant to Section 18.40.250(f)(5). (2) Parking Lot Lighting Height.
(A) Exterior lighting fixtures shall be mounted less than or equal to 15 feet from grade to top of fixture in parking lots in residential development and 20 feet in parking lots with commercial and mixed-use development. (3) Illumination Level and Color Temperature
(A) All light sources shall have a correlated color temperature of 2,700 Kelvin or less. (B) The maximum outdoor light intensity on a site shall not exceed an average value of 5 foot-candles.
(4) Lighting Control.
(A) Lighting Curfew. All outdoor lighting shall be fully extinguished or be motion sensor operated by 10:00 p.m., two hours after the close of business, or when people are no longer present in exterior areas, whichever is later. (B) All lighting activated by motion sensor shall be set up to extinguish after no more than five minutes without further activation.
(C) All lighting shall be automatically extinguished using a control device or system when there is sufficient daylight available, except for lighting under canopies or lighting for tunnels, parking garages, or garage entrances. (D) Exceptions for Lighting Control.
(i) Any lighting at building entrances, parking areas, walkways, and driveways area;
(ii) Outdoor pathway lights that emit 25 lumens or less; or (iii) Lighting that illuminates a pedestrian pathway (examples include bollard, in-place step, or building mounted), provided that such lighting is a maximum height of four (4) feet above the pathway and fully shielded.
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(f) Special Purpose Lighting. The standards in this section shall prevail over any conflicting standard in subsection (e).
(1) Low Density Residential Lighting. In addition to the lighting standards in the section, the following lighting requirements shall be applicable to projects in R-1, R-2, RE, RMD, NV- R1, or NV-R2.
(A) When abutting any residential use, no spillover of lighting to adjacent properties shall be allowed.
(B) A maximum of 1,260 lumens shall be allowed for each fully shielded outdoor lighting. No more than 420 lumens shall be allowed for permitted non-shielded outdoor lighting.
(C) Skylights shall limit illuminance and glare during night hours. Glare shall be mitigated through the use of translucent glass, shading systems, and interior light placement.
Skylights shall not use white glass.
(D) Height for Recreational and Security Lighting. Free-standing lighting shall be a maximum of twelve feet (12’) in height for those that were installed on or after March 11, 1991.
(2) Outdoor Security Lighting. Security lighting may be provided when necessary to protect persons and property. When security lighting is utilized only the following standards shall apply:
(A) Security lighting shall be controlled by a programmable motion-sensor device. All lighting activated by motion sensors shall extinguish after no more than five minutes without further activation. Automated controls shall be fully programmable and supported by battery or similar backup.
(B) Security lighting shall be fully shielded and not be mounted at a height exceeding the limits established in Section 18.40.250, measured from the adjacent grade to the bottom of the luminaire.
(C) Security lights intended to illuminate a perimeter, such as a fence line, are permitted only if such lights do not result in light trespass above 0.5 foot-candle onto an adjacent or nearby property, with the illumination level measured at the property line between the lot on which the light is located and the adjacent lot, at the point nearest to the light source.
(D) Motion-activated security lights shall not use lamps that exceed 100-watt incandescent bulb or LED equivalent, or a maximum of 1,600 lumens. (3) Athletic Facilities Lighting. Outdoor athletic facilities shall conform to the following standards:
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(A) Field lighting is provided exclusively for illumination of the surface of play and viewing stands, and adjacent proximity areas for public safety. (B) Illumination levels shall be adjustable based on the task (e.g., active play vs. field maintenance).
(C) Off-site impacts of the lighting will be limited to the greatest practical extent possible.
(D) Lights shall be extinguished by 10:30 p.m. except when the facilities are being used for active play and maintenance before or after permitted events, and the lights are equipped with a timer.
(E) Timers that automatically extinguish lights shall be installed to prevent lights being left on accidentally overnight.
(4) Automobile Service Station Lighting
(A) Lighting fixtures in the ceiling of canopies shall be fully recessed or mounted directly to the underside of the canopy. All luminaires shall be located so that no lighting is directed towards the adjoining property or public rights-of-way. (B) Luminaires are not permitted on top of the canopy fascia. (C) The maximum light intensity under the canopy shall not exceed an average foot- candle of 12.5, when measured at finished grade.
(D) No free-standing lighting shall be higher than 15 feet above finished grade. (E) The canopy fascia shall not be illuminated.
(5) Outdoor Space Above Ground Floor. These requirements apply to all outdoor spaces located above ground level, including, but not limited to, rooŌop gardens, rooŌop restaurants or bars, balconies, and decks.
(A) Any lighting shall be shielded from public views and any luminaires shall be fully shielded and no uplighting shall be permitted.
(B) Lights shall be dimmable to control glare and placed on timers to turn off after 10:00 p.m. or as permitted pursuant to Section 18.40.250(e)(4)(D) (C) No light trespass shall be allowed more than 0.5 foot-candle as measured beyond the perimeter of the roof deck or other outdoor space above the ground floor. (6) String Lighting.
(A) String lighting color temperature shall not exceed 2,700 Kelvin and no individual lamp that is part of a string lighting installation shall exceed a rating of 42 lumens.
No string lighting shall be blinking, flashing, or chasing.
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(B) For commercial and mixed-use areas, string lighting shall be limited to designated outside dining or display areas or common open space (i.e. courtyard or patio). (7) Parklets. Lighting for any parklets shall comply with the lighting standards established in the Permanent Parklet Program.
(g) Prohibited Lighting. The following types of lighting are prohibited except when used by emergency service personnel during an emergency:
(1) Outdoor lighting that blinks, flashes, or rotates; or (2) Searchlights, aerial lasers, or spotlights.
(h) Lighting for Signs. See Chapter 16.20 for lighting requirements for signs. (i) Additional Provisions and Conflict Precedence. Lighting required by the Building Code, Fire Code, or state or federal law shall additionally comply with the requirements of this section, unless these requirements necessarily conflict with the aforementioned Codes and laws. In the event of a conflict, the standards in the applicable Codes and laws shall prevail. (j) Historic Resources. The Director may grant an exception to the requirements of this Section if the applicant provides documentation demonstrating that implementation of the lighting requirements in this ordinance would impair the historical integrity and character-defining features of the building and create an adverse impact to the building’s historical, architectural, and cultural significance.
(k) Public Facilities. Public Facilities, including City-owned and operated facilities, shall comply with the outdoor lighting standards of this Section to the extent feasible. The Director may grant adjustments to any applicable lighting standards for such facilities if the adjustment is necessary for the efficient operation, maintenance, or safety of the facility, or to ensure public safety and security; and is consistent with the overall intent and purpose of this Section. A written request for an adjustment, including supporting documentation, shall be submitted and shall be reviewed according to the applicable review procedures in PAMC Section 18.77 associated with the proposed development.
SECTION 3. Subsection (e) of Section 18.40.230 (Rooftop Gardens) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined; deletions struck-through):
(e) Any lighting shall be shielded from public views and have full cutoff fixtures that cast downward-facing light, or consist of low-level string lights; no up-lighting is permitted. Lights shall be dimmable to control glare and placed on timers to turn off after 10:00 p.m.
Photometric diagrams must be submitted by the applicant to ensure there are no spillover impacts into windows or openings of adjacent properties.For lighting requirements, refer to Section 18.40.250.
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SECTION 4. Subsection (g) of Section 18.10.040 (Development Standards) of Chapter
18.10 (Low Density Residential (RE, R-2 and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined; deletions struck-through):
(g) Lighting in R-2 District
In the R-2 district, recreational and security lighting shall be permitted only so long as the lighting is shielded so that the direct light does not extend beyond the property where it is located. Free- standing recreational and security lighting installed on or later than March 11, 1991, shall be restricted to twelve feet (12') in height. For lighting requirements, refer to Section 18.40.250.
SECTION 5. Subsection (k) of Section 18.12.040 (Site Development Standards) of Chapter 18.12 (R-1 Single-Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined; deletions struck-through):
(k) Lighting
Recreational and security lighting shall be permitted only so long as the lighting is shielded so that the direct light does not extend beyond the property where it is located. Free-standing recreational and security lighting installed on or later than March 11, 1991 shall be restricted to twelve feet (12') in height. Direct light from outdoor fixtures shall only fall on the walls, eaves, and yard areas of the site on which it is located. Outdoor fixtures shall have lens covers or reflectors that direct the light away from the neighboring properties. For lighting requirements, refer to Section 18.40.250.
SECTION 6. Subsection (n) of Section 18.28.270 (Additional OS District Regulations) of Chapter 18.28 (Special Purpose Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined; deletions struck-through):
(n) Light and Glare
Exterior lighting should be low-intensity and shielded from view so it is not directly visible from off-site. The light emitted from skylights shall be minimal during the night hours. Utilizing treatments such as translucent glass, shading systems, and interior light placement can reduce the night glare. Skylights shall not use white glass. For lighting requirements, refer to Section
18.40.250.
SECTION 7. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 8. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Item 18
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Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment and Section 15308, as an action by a regulatory agency to protect the environment.
SECTION 9. This ordinance shall be effective on the thirty-first day following its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
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Attachment C:
Model Ordinance from DarkSky International: https://darksky.org/app/uploads/bsk-pdf- manager/16_MLO_FINAL_JUNE2011.PDF
Model Ordinance from Santa Clara Valley Audubon Society and Sierra Club Loma Prieta Chapter (in the following pages)
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Model Lighting Ordinance
(Created by the Santa Clara Valley Audubon Society and Sierra Club Loma Prieta Chapter)
Definitions
Notwithstanding the definitions in Chapter xxxx of this Code, for purposes of this chapter only, the following words and phrases are defined as follows:
“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.
“Curfew” means the time of day when lighting restrictions, Citywide or based on zoning district, are in effect.
“Directional lighting” means methods of directing light downward, rather than upward or outward, with the intention of directing light where it is needed.
“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).
“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.
“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.
“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.
“Light trespass” light that falls beyond the boundary of the property on which it is installed.
“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).
“Luminaires” means outdoor light fixtures as defined in this Section.
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“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.”
“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
“Seasonal lighting” means lighting installed and operated in connection with holidays or traditions;
“Security lighting” means lighting intended to detect intrusions or other criminal activity occurring on a property or site.
“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.
“String lights” means light sources connected by free-strung wires or inside of tubing resulting in several or many points of light
1. Purpose
1. The purpose of this Chapter is to regulate design, placement, color temperature, and light intensity of lighting elements in all zoning districts to reduce light pollution; to protect the dark sky, the natural environment, and public health; and to promote lighting systems and practices that conserve energy and prevent overlighting. As described in the International Dark Sky Association’s 5 Principles for Outdoor Lighting, light should be 1) useful, 2) targeted, 3) low level, 4) controlled, and 5) warm-colored.
2. Applicability
1. General Applicability
1. Requirements (Section 3) apply to all new and/or replacement outdoor lighting fixtures installed in residential or nonresidential properties from the effective date of the ordinance, whether attached to structures, poles, the earth, or any other location, unless exempted in Section 2.3 or in Section 3.
2. Nonresidential properties are encouraged to minimize outdoor light pollution from their interior lights. If interior light is visible beyond the boundaries of the lot or parcel, nonresidential properties shall comply with Section 3.6.1.
3. The following types of lighting are not allowed except in emergencies by police, fire, or medical personnel or at their direction: floodlights; outdoor lighting that blinks, flashes, or rotates; search lights; spotlights; high- intensity discharge lighting for recreation courts on private property; aerial lasers.
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4. Lighting within the public right-of-way for the principal purpose of illuminating public streets or traffic control are not regulated by this ordinance.
2. Existing Lighting
1. Existing lighting must comply with the new lighting standards 5 years after the effective date of the ordinance. Any non-compliant lighting still in place after the compliance deadline shall remain extinguished at all times.
2. The following requirements shall be complied with within 30 days of the effective date of the ordinance:
1. Outdoor light fixtures that have the ability to be redirected, shall be directed downward so as to minimize sky glow, glare, and eliminate light trespass onto adjacent properties.
2. Outdoor light fixtures that have adjustable dimmers with color temperature that exceeds twenty-seven hundred (2,700) Kelvin shall be dimmed to comply with Section 3 to minimize glare and light trespass onto adjacent properties.
3. Light fixtures that are replaced within the first 5 years of the effective date of the ordinance shall meet the standards (i.e., color temperature and illumination limit) in Section 3.
4. Extensions: A property owner may apply for a 6-month extension of this deadline by submitting a request to the Planning Director or equivalent thirty (30) days before the compliance deadline detailing why an extension is needed. 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 Planning Director or equivalent 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 Planning Director issue an extension of the compliance period in excess of one year’s time.
3. California Building Code
1. All lighting must comply with the requirements of the California Building Code including Title 24 of the Building Code.
2. All outdoor lighting shall comply with California Building Code Title 24 Lighting Zone One (LZ1).
3. Should a conflict exist with the provisions of this ordinance, the standards in the California Building Code shall prevail.
3. Outdoor Lighting Standards
1. Exemptions
1. Seasonal lighting
1. Temporary Seasonal lighting is allowed from October 15 to January 15 only.
2. Such lighting is exempt from Section 3.3-3.6 and must be extinguished by 11pm.
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2. Aircraft navigation lights such as those attached to radio/television towers and other lighting required by the State of California or the U.S. federal government.
3. High intensity and/or special purpose lighting is governed by Section 4.
2. Correlated Color Temperature
1. The correlated color temperature of outdoor luminaires shall not exceed 2700 K. Luminaries rated at or below 2200 K are encouraged for better nighttime visibility, protection of wildlife, and reduction of glare and light pollution.
3. Shielding
1. All outdoor light fixtures shall be fully shielded and directed downward except as otherwise specified.
2. Exceptions
1. Low-voltage Landscape Lighting: Low-voltage landscape lighting, such as that used to illuminate fountains, shrubbery, trees, and walkways, do not have to be shielded fixtures, provided that they use no more than 150 lumens.
2. Outdoor Art: Low-voltage lighting used to illuminate outdoor art do not have to be shielded fixtures.
3. Greenhouse Lighting: At or under 200 lumens, a fixture can be unshielded as long as no light shines outside the structure or is visible from another property or the sky.
4. Lighting Control Requirements
1. All outdoor lighting shall be controlled by motion-sensors or be fully extinguished by 11:00 p.m. or when people are no longer actually present in exterior areas, whichever is earlier, except
1. Lighting of outdoor art shall be fully extinguished by 11:00 pm
2. Where required by the California Building Code or state law, any lighting at building entrances, parking areas, walkways, and driveway areas that are required to remain illuminated after 11:00 p.m.
3. Lighting of a minimal appropriate intensity, allowed in conjunction with uses that are permitted to operate past 11:00 p.m., with a conditional use permit
4. Outdoor solar-powered pathway lights without controls that are 25 lumens or less
2. All lighting activated by motion-sensors shall extinguish no more than 5 minutes after activation. Owners of such equipment shall (1) maintain it in good working order; and (2) adjust the trigger threshold appropriately such that it only triggers on large objects like people.
3. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch, or equivalent functions from a programmable lighting controller, building automation system, or lighting energy management system, all with battery or similar backup power or device, except
1. Lighting under canopies or lighting for tunnels, parking garages, garage entrances.
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5. Illumination Levels
1. Lighting in which any single luminaire exceeds 20,000 lumens or the total lighting load exceeds 160,000 lumens shall not be installed or used without a conditional use permit.
6. Limits to Offsite Impacts
1. No exterior light or combination shall cast light exceeding zero point one (0.1) foot-candle onto an adjacent or nearby property, with the illumination level measured at the property line between the lot on which the light is located and the adjacent lot, at the point nearest to the light source, except if two adjacent properties are non-residential, or function as a shopping center, and agree to coordinate lighting.
2. No direct off-site glare from a light source shall be visible above three feet at a public right-of-way.
3. Indoor Lighting of Nonresidential Properties
1. Businesses that involve the direct retailing of goods to the general public may have downward directed, low voltage, and fully shielded lighting for window displays.
2. Any lighting device located on the inside of a window which is visible beyond the boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination is prohibited.
3. Properties are encouraged to draw blinds and/or turn off non- essential indoor lighting at night.
4. Interior lights shall be extinguished or motion-sensor operated by 11:00 p.m. or within two hours after the business is closed, whichever is earlier.
7. Outdoor Security Lighting
1. Security lighting may be provided when necessary to protect persons and property. When security lighting is utilized, the following standards shall apply:
2. Security lighting shall be controlled by a programmable motion-sensor device, except where continuous lighting is required by the California Building Code. All lighting activated by motion sensors shall extinguish no more than 5 minutes after activation. Automated controls shall be fully programmable and supported by battery or similar backup.
3. Security lighting shall be downward directed, fully shielded, and not be mounted at a height that exceeds 12 feet, measured from the adjacent grade to the bottom of the fixture.
4. Floodlights shall not be permitted.
5. Security lights intended to illuminate a perimeter, such as a fence line, are permitted only if such lights do not result in light trespass.
6. Motion-activated security lights shall not use luminaires that exceed a maximum of 1,600 lumens.
8. Service Station Canopies
1. The following standards shall apply to service station canopy lighting, in addition to all other applicable standards.
2. Service station canopies shall not be transparent or translucent.
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3. Lighting fixtures in the ceiling of canopies shall be fully recessed into the underside of the canopy. All lighting fixtures shall be located so as to shield direct rays from adjoining properties or public rights-of-way.
4. Light fixtures shall not be mounted on top of the fascia of such canopies.
5. The maximum light intensity under the canopy shall not exceed an average maintained foot-candle (horizontal) of 12.5, when measured at finished grade. Luminaires shall be of a low level, indirect diffused type.
6. No luminaire shall be higher than 15 feet above the finished grade.
7. The fascia of such canopies shall not be illuminated, except for approved signage in compliance with Section 5.
4. High Intensity and/or Special Purpose
Lighting
1. Conditional use permits
1. Lighting installations that do not comply with lighting standards may be allowed if a conditional use permit is obtained.
2. To obtain a conditional use permit, applicants shall demonstrate that the proposed lighting installation meets the following requirements:
1. Demonstrates through third-party review that the intended function cannot be achieved through the requirements of this ordinance.
2. Is at the lowest illumination levels that meet the requirement of the task.
3. Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures.
4. Employs lighting controls to reduce lighting at a project-specific curfew time to be established in the Permit.
5. Complies with the lighting standards in the ordinance after the project-specific curfew.
6. The permit must demonstrate that the applicant is making every reasonable effort to adhere to the code requirements.
2. String Lighting
1. String lighting shall not be
1. Blinking and/or chasing lights.
2. Secured with materials or in a manner that will puncture the skin or restrict the growth of any living landscape feature.
3. Attached to a fence in a manner that permits light trespass to adjacent property.
4. Allowed to emit no more than 42 lumens.
5. A correlated color temperature of more than 2,700 K
2. Residential Areas: In addition to Section 4.2.1, string lighting is permitted subject to the following requirements:
1. It shall not illuminate more than fifty (50) percent of the rear yard or 500 sq. ft., whichever is more restrictive.
2. It shall not be visible from a public right-of-way.
3. It shall be used primarily to illuminate patio areas.
4. It shall be extinguished by 11:00 p.m.
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3. Nonresidential and Mixed-Use Areas: String lighting may be permitted subject to the following requirements, with approval of the Planning Director or equivalent:
1. Any development or property is permitted to submit one application for string lighting, which shall include all uses of string lighting on the development or property.
2. It shall not illuminate an area greater than five (5) percent of the building(s) footprint of a shopping center and fifteen (15) percent for a freestanding commercial building not part of a shopping center.
3. It is limited to designated outside dining or display areas.
4. It is extinguished two (2) hours after the close of business.
3. Outdoor Recreational Facilities
1. Lighting at public and private outdoor recreational facilities, including but not limited to playing fields, arenas, tracks, and swimming pools, will be fully shielded to the greatest practical extent to reduce glare, safety hazards, light trespass, and light pollution.
2. Such lighting shall meet all of the following requirements.
1. Provide levels of illuminance that are adjustable according to task, allowing for illuminating levels not to exceed nationally recognized Illuminating Engineering Society (IES). standards according to the appropriate class of play, as well as for lower output during other times, such as when field maintenance is being actively performed
2. Be provided exclusively for illumination of the surface of play and adjacent viewing stands, and not for any other application, such as lighting a parking lot.
3. Must be extinguished by 11:00 pm or within one (1) hour of the end of the active play, whichever is earlier.
4. Shall be fitted with motion sensors and/or mechanical or electronic timers to prevent lights from being left on accidentally overnight.
3. Illumination levels shall be designed to be no higher than recommended for Class IV play, as defined by the Illuminating Engineering Society publication ANSI/IES RP-6-20, as amended.
1. design and installation adheres to the IDSA’s Criteria for Community Friendly Outdoor Sports Lighting
2. Height?
5. Sign Lighting
1. All externally or internally illuminated signs, advertising displays, and building identification shall be extinguished at 11:00 p.m. or within one (1) hour of the end of normal business hours, whichever occurs first.
2. Externally Illuminated Signs
1. Externally illuminated signs shall be lit only from the top of the sign, with fully shielded luminaires designed and installed to prevent light from spilling beyond the physical edges of the sign.
2. All external sign illumination must comply with the Correlated Color Temperature (CCT) requirements of this ordinance.
3. Internally Illuminated Signs:
1. Outdoor internally illuminated signs (whether free standing or building mounted) shall be subject to all the following requirements:
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1. The internally illuminated portion of the sign cannot be white, cream, off-white, light tan, yellow or any light color unless it is part of a registered logo that does not have an alternate version with dark tones. Light tone colors such as white, cream, off-white, light tan, yellow or any light color are permitted in the logo only, provided that such colors in the logo shall represent not more than 33% of the total sign area permitted.
2. The internal illumination, between sunset and sunrise, is to be the lowest intensity needed to allow the sign to be visible and shall not exceed 50 nits (=170 lumens).
3. Size limit: The luminous surface area of an individual sign shall not exceed 50 square feet.
4. Electronic message displays are discouraged and shall comply with outdoor lighting curfews stipulated in this ordinance.
5. Moving and/or flashing text or images are
prohibited.Applicability
New [3] and existing [4] streetlights
6. Streetlight RequirementsStreet lighting must consist of fully shielded fixtures, directed downward to meet particular need and away from adjacent properties and rights-of-ways to avoid light trespass. [1]
7. Street lighting shall have a correlated color temperature of 2,700 Kelvin or less (Cupertino and Los Gatos). [1]
8. The lumen output of each streetlight shall be the lowest reasonable lumen output to meet safety standards but in no case greater than 10,000 lumens. [4]
References
[1] Communication with Public Works Directors in Cupertino, Los Gatos [2] Flagstaff Ordinance:
https://www.codepublishing.com/AZ/Flagstaff/html/Flagstaff13/Flagstaff1312003.html#13.12.003
https://flagstaffdarkskies.org/dark-sky-solutions/dark-sky-solutions-2/outdoor-lighting-codes/ [3] County of LA Rural ordinance
https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT22 PLZO_DIV4COZOSUDI_CH22.80RUOULIDI#:~:text=The%20Rural%20Outdoor%20Lighting%2 0District,and%20preserving%20the%20nighttime%20environment
Malibu’s Dark Sky Ordinance:
https://www.malibucity.org/DocumentCenter/View/29389/Attachment-2_Malibu-Municipal-Code- Ch-1741?bidId=
Brisbane’s Staff Report + Dark Sky Ordinance:
https://mccmeetingspublic.blob.core.usgovcloudapi.net/brisbaneca-meet- af1c62b805bd463ea43072d7018a7c98/ITEM-Attachment-001-
5913cc8fb5de4f06a173268ed08d5a49.pdf
Cupertino’s Dark Sky and Bird Safe Design Ordinance:
https://codelibrary.amlegal.com/codes/cupertino/latest/cupertino_ca/0-0-0-96605
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Other Jurisdictions on Outdoor Lighting/Dark Sky Standards:
• City of Cupertino (Chapter 19.102: Glass and Lighting Standards):
https://codehub.gridics.com/us/ca/cupertino#/d3ef8742-594e-4e92-bb0d- 0fbb09d855bd/68dadeb1-0691-4c82-a9e1-11e6e40f268f
• Portola Valley (Lighting Ordinance):
https://www.portolavalley.net/home/showpublisheddocument/11163/636699440999530000 • Woodside (Section 153.213 Outdoor Lighting):
https://library.municode.com/ca/woodside/codes/municipal_code?nodeId=CD_ORD_TITXVLAUS _CH153ZO_153.213OULI
• Sunnyvale (Moffett Park Specific Plan – Section 6.6.9 Exterior Lighting, Document Pages 179- 180):
https://www.dropbox.com/scl/fi/gz3cr91d1xyd073x6ligg/SMPSP_FinalPlan_MidRes.pdf?rlkey=5 vg3c42cc0o6935btgxzwatgp&e=1&dl=0
• Brisbane (Dark Sky Ordinance): https://www.brisbaneca.org/cd/page/dark-sky- ordinance#:~:text=On%20January%2018%2C%202024%2C%20the,reasonable%20restrictions%2 0on%20outdoor%20lighting.
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Comments on ARB version of Proposed Ordinance Review
Shani Kleinhaus <[email protected]>
Sun 7/28/2024 1:49 PM
To: Cha, Kelly <[email protected]>
Cc: French, Amy <[email protected]>; Dash Leeds <[email protected]>; Julianne Wang <[email protected]>
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
July 28, 2024
Dear Kelly,
We have reviewed the proposed ligh ng ordinance (the version that was available to the ARB) and our comments are Available Here:
https://docs.google.com/document/d/1qx7FHXwGwm46ms-PuX1Ap4RBAFRqouByALIV91EfJvw/edit? usp=sharing
Please note that we are s ll looking at this, and comparing with our Model Ligh ng Ordinance Ordinance, Available Here:
h ps://docs.google.com/document/d/1Nqe19ColokeJGwsWsXCwZz9- Mx2mrTaJQwYLzmeepfg/edit#heading=h.406ajo23pzbb)
Thank you so much,
shani
Shani Kleinhaus, Ph.D.
Environmental Advocate
Santa Clara Valley Audubon Society
22221 McClellan Rd.
Cupertino, CA 95014
650-868-2114
[email protected]
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July 28, 2024
Dear Kelly,
We have reviewed the proposed ordinance (the version that was available to the ARB) and our comments are attached,
Please note that we are still looking at this, and comparing with our Model Lighting Ordinance Ordinance (Available Here:
https://docs.google.com/document/d/1Nqe19ColokeJGwsWsXCwZz9- Mx2mrTaJQwYLzmeepfg/edit#heading=h.406ajo23pzbb)
Thank you so much,
shani
Lighting (Repeal PAMC Section 18.40.250)
Consider adding:
● Please include Lumens caps (e.g., allowed amount of lumens per improved acre) to limit over-lighting. Malibu’s ordinance has Lumen caps, often 850 lumens. Brisbane has a maximum lumen/square foot. Our Model Lighting ordinance suggests:
○ Illumination Levels: Lighting in which any single luminaire exceeds 20,000 lumens or the total lighting load exceeds 160,000 lumens shall not be installed or used without a conditional use permit.
● Please add regulations for parking garages? Our Model Ordinance requires Lighting Controls for Lighting under canopies or lighting for tunnels, parking garages, and garage entrances. ● The ordinance should include a restriction on the total amount of unshielded lighting allowed on a property. This would capture string lighting, for example.
Comments on the proposed ordinance (ARB version):
(a) Purpose.
“The intent of this section is to establish exterior lighting standards to reduce light pollution. Exterior lighting of parking areas, pathways, and common open spaces, including fixtures on building facades and free-standing lighting should aim to:”
● Comment: It's unclear why the preamble specifically calls out "exterior lighting of parking areas, pathways, and common open spaces, including fixtures on building facades and free-standing lighting". The statement in section (c) says that the ordinance applies to "require separate planning approval". It's just odd that the phrasing in (a) is so specific, and omits many other potential exterior lighting areas.
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● Suggestion: Consider replacing “Exterior lighting of parking areas, pathways, and common open spaces, including fixtures on building facades and free-standing lighting should aim to:” with “Exterior lighting should aim to accomplish the 5 Principles for Outdoor Lighting, directing light light to be 1) useful, 2) targeted, 3) low level, 4) controlled, and 5) warm-colored and”
(1) Reduce light pollution and its adverse effects on environment, wildlife habitat, and human health. ● Comment: The Night Sky, visibility of stars, is important. ● Suggestion: Add “the night sky” or replace “environment” with “the night sky”
(4) Achieve maximum energy efficiency.
● Comment: The important thing is to reduce overlighting in time and space that wastes energy.
We are concerned with specifying “Maximum efficiency” as it may lead to installation of very fixtures of high Correlated Color Temperature, which conflicts with the intent of this section. ● Suggestion: Replace “Achieve maximum energy efficiency” with: “promote lighting systems and practices that conserve energy and prevent overlighting”
(b) Definitions. Notwithstanding the definitions in Chapter 18.04 of the Municipal Code, for purposes of this chapter only, the following words and phrases are defined as follows:
(b) (1) “Correlated Color Temperature” or “Color Temperature” means 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. ● Comment: This wording confuses color temperature with the hue of light. ● Suggestion: Replace: "Warmer color temperatures are a lower number, and cooler color temperatures are a higher number." with the more accurate "Sources that appear warm or yellowish have lower CCT values, and sources that appear cool or blue have higher values". (2) “Dark Sky Compliant or Equivalent” means a light fixture from which all light emitted, directly or indirectly, is projected below a horizontal plane.
● Comment: this could confuse property owners. No one owns the term "dark sky compliant", so words like that appear in sales literature and on product packaging for lighting that doesn't meet the stated definition here. Someone could make an honest effort to comply and still fail because "dark sky compliant" is essentially a meaningless term. ● Suggestion: Remove this definition, replace with specific requirements. (5) “High Intensity Lighting”
● Comment: This term is ambiguous in that it implies a number or other metric that explains why the "intensity" is "high". A veteran lighting consultant we talked to stated that he has never before seen an instance where this term was intended to refer specifically to outdoor sports lighting.
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(9) “Luminaires”
● Suggestion: Please make clear that this term does not include poles or mounting surfaces. (11) “Security lighting”
● Comment: There's no consistent evidence that lighting can "detect intrusions or other criminal activity occurring on a property or site". It may help people feel secure, and perhaps the intent is to deter rather than detect criminal activity. There is no evidence to suggest that works, either.
(c) Applicability
For the purposes of this Section, all new structures and exterior modifications that require separate planning approval shall comply with the lighting standards and guidelines set forth in this section ● Comments/Suggestions: Expand Applicability to Existing Fixtures ○ A recent feature of several adopted Dark Sky Ordinances is the application of Dark Sky standards to existing lighting fixtures, as seen in Malibu and Brisbane. Existing, non- compliant lighting that can be adjusted without replacing the fixture should be brought into compliance within a short grace period of time. Lighting that requires new fixtures or installations should be allowed a grace period of up to 5 years. Addressing existing lighting will empower neighbors affected by light pollution to seek resolution through code enforcement if needed.
○ The proposed ordinance suggests a 10 PM curfew for new permitted buildings, but does not apply to existing structures. We ask for a curfew on outdoor lighting to apply to existing buildings. If only new buildings are subject to curfew, the result will be a patchwork of compliance that undermines the ordinance's goals. It's also unfair for new structures to comply while existing structures do not.
(d) Lighting Guidelines
(1) Lighting of the building exterior, parking areas and pedestrian ways should be of the lowest intensity and energy use adequate for its purpose, and be designed to focus illumination downward to avoid excessive illumination above the light fixture.
● Comment: Here, too, we are not sure why the bullet calls out "lighting of the building exterior, parking areas and pedestrian ways". Rather, all exterior lighting should follow the guidelines. (2) Unnecessary continued illumination, such as illuminated signs or back-lit awnings, should be avoided.
Internal illumination of signs, where allowed, should be limited to letters and graphic elements, with the surrounding background opaque. Illumination should be by low intensity lamps. ● Comment: we recommend against using language in ordinances like "should be avoided". Either something complies with the law or it doesn't. Language that is only advisory and not binding Item 18
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shouldn't appear in statutory law. Also, the use of "low intensity" here is like the objection above to "high intensity lighting" -- there is no metric that establishes what either "high" or "low" is. Please be specific!
(e) Lighting Standards
(1) Shielding
● Suggestion: lead with a statement like "Unless specifically exempted by subsection (E) of this section".
(1)(D) No direct off-site glare from a light source shall be visible above three feet at a public right-of-way ● Comment: This is a good standard. We wonder how this may be enforced. Is a citizen complaint , if someone complains. Is the attestation of code compliance staff that they observe glare sufficient to establish a violation? (they usually do n
(1)(E)(ii): Low voltage lighting used to illuminate outdoor art or public monuments that do not have to be shielded fixtures.
● Question: Does lightning of art have to comply with curfew directions? ● Comment/Suggestion: "Low voltage lighting" needs a number, like the 150-lumen limit in item (E)(i).
(1)(E)(iii): Lighting located on property lines (including zero lot line developments), provided it is controlled by a motion sensor that automatically extinguishes the lights within 10 minutes of activation. ● Comment/Suggestion: 10 minutes is a long time for a light to be on when controlled by a motion sensor. We recommend no more than 5 minutes. Also, the onus should be on the owner of the equipment to ensure that the trigger threshold is set such that it does not trigger inappropriately (due to, e.g., small animals)
(2) Lighting Height:
(2)(A) Exterior lighting fixtures shall be mounted less than or equal to 15 feet from grade to top of fixture in parking lots in residential development and 20 feet in parking lots with commercial and mixed- use development.
● Comment: Seems redundant with subsection (e)(1)(b). Is there any substantial difference?
(3) Illumination Level
(3)(A) All light sources shall be Dark Sky Compliant or Equivalent and have a maintained correlated color temperature of 3,000 Kelvin or less.
● Comment: confusing in that this standard is about color temperature, not illumination level. It should be in its own subsection.
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● Comment: There is no sound reason to ask for 3000K for outdoor lighting. Lighting should not exceed 2700K. PA should not use an industrial indoor safety for outdoor lighting. To our human eyes, there is no difference between these two color temperatures in terms of discerning the environment. But many genera of wildlife, however, are far more sensitive to bluer color temperatures than we are, including birds, fish, insects, and sea turtles. For example, migratory birds use blue-green spectrum light for navigation. High kelvin lights in the city can disorient them, especially in an important stopover like San Francisco Bay. It seems that inertia from times that 2700K were hard to procure has a daunting effect here - LED technology has improved and we should not stick to old harmful technology when alternatives are available. If Los Altos and San Jose can require 2700K for outdoor lighting, so can Palo Alto.
(3)(B) Where the light source is visible from outside the property boundaries on an abutting residential use, such lighting shall not exceed 0.5 foot-candle as measured at the abutting property line. ● Comment: This standard only envisions that light trespass can occur "on an abutting residential use". This should change in two respects. First, the nature of the use shouldn't matter (residential or any other use). And second, it shouldn't be limited only to "abutting" properties.
The light trespass threshold should not be exceeded on ANY other property line, whether abutting or not.
● Comment/Suggestion: Why not prohibit light sources from being visible from a) above and b) beyond the property line? That would reduce glare and light trespass, and allow public/neighbors to address one of the most common complaints. It will also ensure that shielding is effective.
● Suggestion: Replace with Brisbane’s ordinance for this standard: ”Unless exempt from the ordinance or from the shielding requirements in the ordinance, no light source (e.g., light bulb) may be directly visible from off-site.”
(3)(C) The maximum light intensity on a site shall not exceed a maintained value of 5 foot-candles. Areas of higher or lower levels of illumination should be indicated on project plans.
● Comment: This statement is ambiguous: "Areas of higher or lower levels of illumination should be indicated on project plans." Does this mean it's possible for the allowed illuminance to exceed 5 foot-candles? If so, perhaps don't state 5 fc as a "shall not exceed" in the first place? ● Comment: Brisbane has a maximum 1.75 Lumens per sq. ft. of Developed area. Is this a better measure?
● Comment: May need to exempt sport fields, where the IES recommended practice potentially prescribes more than this
(4)(A) All outdoor lighting shall be fully extinguished or be motion sensor operated by 10:00 p.m. or when people are no longer present in exterior areas, whichever is later.
● Comment: We are very supportive of this standard, but it is not clear how the presence of people is determined…
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● Comment: Are there any exceptions that the City can envision? We hope there are none.
(4)(B) All lighting activated by motion sensor shall be set up to extinguish no more than 10 minutes after activation.
● Comment: Same as above, the 10-minute allowance here should be no more than 5.
(4)(E) Exceptions.
(E)(ii) Lighting of an appropriate intensity, allowed in conjunction with uses that are permitted to operate past 10:00 p.m., with a conditional use permit; and ● Comment: What is "an appropriate intensity"? Who decides that? (f) Special Purpose Lighting
(f)(1) Outdoor Security Lighting. Security lighting may be provided when necessary to protect persons and property. When security lighting is utilized only the following standards shall apply:
● Comment: who decides when lighting is "necessary to protect persons and property"? The property owner?
(f)(1)(i) Security lighting shall be controlled by a programmable motion-sensor device, except where continuous lighting is required by the California Building Code. All lighting activated by motion sensors shall extinguish no more than 10 minutes after activation. Automated controls shall be fully programmable and supported by battery or similar backup. ● Comment: Again, 5 minutes should suffice.
(f)(1)(iii) Security lights intended to illuminate a perimeter, such as a fence line, are permitted only if such lights do not result in light trespass above 0.5 foot-candle onto an adjacent or nearby property, with the illumination level measured at the property line between the lot on which the light is located and the adjacent lot, at the point nearest to the light source.
● Comment: Same concerns as before about how the light trespass threshold and measurement point is defined. Security lighting should not cause trespass on any other property, whether "adjacent or nearby" or not.
(f)(1)(iv) Motion-activated security lights shall not use luminaires that exceed 100-watt incandescent bulb or LED equivalent, or a maximum of 1,600 lumens.
● Comment: Since there is no cap on installed lumens on any property, setting a threshold like this isn't very meaningful. Under this provision, a property owner could install as many security lights as they like as long as no individual source exceeded 1600 lumens.
● Suggestion: Provide a cap on lumen (see above)
(f)(3) Gasoline Service Station Lighting
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(f)(3)(i) Lighting fixtures in the ceiling of canopies shall be fully recessed or mounted directly to the underside of the canopy. All lighting fixtures shall be located so as to shield direct rays from adjoining properties or public rights-of-way.
● Comment: Instead of limiting trespass to "adjoining properties", it should be limited to "any property".
(f)(3)(iii) The maximum light intensity under the canopy shall not exceed an average maintained foot- candle (horizontal) of 12.5, when measured at finished grade. ● Comment: It's unclear where the 12.5 foot-candle figure comes from, but seems ok. Is this what local gas stations in Palo Alto currently use?
(f)(4) String Lighting
(f)(4)(i) String lighting is not considered holiday or seasonal lighting. ● Comment: Thank you for this clarification.
(f)(4)(ii) String lighting must not exceed 3,000 Kelvin or 42 lumens and shall not be blinking or chasing. ● Comment: This is so confusing… why 3000K and not 2700? What Is the "42 lumens" limit here per lamp? Per unit length of string? Total emission of all lamps on the string? Brisbane has “String lights (max. 300 lumens per string) when used in occupied decks or patios.”. ● Why is string lighting in residential areas not required to turn the lights off at 10PM? people use string lighting as ornaments on fences, trees etc. A curfew is very much needed. (f)(4)(iii) For nonresidential areas, string lighting shall be extinguished at 10:00 pm or 2 hours after close of business, whichever is later.
● Comment: The reason for allowing string lighting to remain on up to "2 hours after close of business" is unclear. If, as in item (iv), its use is limited to "outside dining or display areas or common open space (i.e. courtyard or patio)", why should it be allowed to remain on after the business closes to the public?
(f)(5) Lighting near Streams. In addition to lighting standards established in Section 18.40.250(e), lighting near streams shall conform to the following requirements:
(f)(5)(i) Nighttime lighting shall be directed away from the riparian corridor of a stream. ● Comment: We need to see how this is addressed in the Creek protection ordinance update. At a minimum, we should require absolutely no light trespass into a stream and its associated riparian corridor. This means within the banks plus any riparian vegetation as defined by the dripline of riparian trees.
(f)(5)(ii) The distance between nighttime lighting and the riparian corridor of a stream should be maximized.
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● Comment: "should be maximized" isn't really meaningful unless something like a minimum allowable distance is stated. Otherwise this is sufficiently subjective as to be meaningless. At a minimum, this should entail the creek within its banks plus any riparian vegetation as defined by the dripline of riparian trees, and setback requirements that are likely to be specified in the upcoming Creek protection ordinance, whichever is widest!
(g) Prohibited Lighting. The following types of lighting are prohibited except emergencies by police, fire, or medical personnel or at their direction:
● Comment: how are "emergencies" defined? Declared emergencies by local civil authorities? Or some other mechanism?
(g)(2) Lighting that unnecessarily illuminates any other lot or substantially interferes with use or enjoyment of that lot.
● Comment: The meaning of the word "unnecessarily" is unclear. Who decides what is necessary?
(h) Exemptions.
The following types of lighting are exempt from the lighting requirements of the section:
(h)(2) Temporary construction or emergency lighting
● Comment: We have seen very bright, unshielded construction and security lights on construction sites with offensive glare on large construction projects that lasted several years.
● Suggestion: The term "temporary" should be defined here. ● Suggestion: The term “construction lighting” should be defined. The ordinance should clarify the Construction lighting should only be allowed at the hours construction actually occurs. The definition should exclude security lighting at a construction site from the definition of construction lighting. Security lighting at a construction site should abide by the ordinance.
●
(h)(3) Short-term lighting authorized by a special events or special use permits ● Comment: This seems like it needs more detail or a more thorough description of the procedure in terms of how permits will be evaluated in order to ensure that "temporary" lighting doesn't become effectively "permanent". Season and location are important: a laser show in the baylands during spring or fall bird migration seasons, for example, could be disastrous.
(h)(4) Seasonal lighting during the period of October 15 through January 15 of each year ● Question: Is seasonal lighting subject to curfew? Why not set a curfew? Item 18
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● Comment: An October 15 start to the "seasonal lighting" season seems very early and is well within the fall bird migration in Palo Alto.
● Comment: We have heard that setting a fixed range of calendar dates for this type of lighting that correspond to certain religious holidays might run afoul of the First Amendment's Establishment Clause.
● Suggestion: Disallow seasonal lighting during migration and nesting seasons. This provides a biological, rather than cultural basis:
○ Nesting season: Feb. 1 - August 31.
○ Spring Migration: March - mid June
○ Fall Migration: August - mid November.
○ Remaining period when seasonal lighting is ok: Mid November - February 1st.
(h)(6) Lighting for Airport Operations. Nothing in this section shall be interpreted to restrict, limit, or otherwise regulate lighting that, in the reasonable judgment of the Airport Manager, is prudent or necessary for airport operations, airport safety, or air navigation in connection with operations at the Palo Alto Municipal Airport.
● Comment: This section should just refer to lighting required by the FAA and not leave the decision up to "the reasonable judgment of the Airport Manager". The FAA rules are very prescriptive and ensure safe operations of airports.
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SAN MATEO, SANTA CLARA & SAN BENITO COUNTIES
October 29, 2024
Palo Alto Planning and Transportation Commission
Re: Sierra Club Loma Prieta Chapter and Santa Clara Valley Bird Alliance Comments on the Draft Dark Sky Ordinance
Dear Chair Chang and Commissioners,
The Santa Clara Valley Bird Alliance and the Sierra Club Loma Prieta Chapter are organizations united by our shared commitment to the protection of the environment, nature, and open space. We have been advocating for a reduction of light pollution in the region, and have engaged with the City of Palo Alto Council and the Planning and Transportation Commission in promoting human and environmental health through reducing and preventing the proliferation of artificial light at night.
We would like to extend our sincere gratitude for your decision to require that all light sources be fully shielded and maintain a correlated color temperature of 2700K. This is a significant commitment to minimizing light pollution and protecting the natu ral night environment, and it will greatly benefit both our community and the surrounding ecosystems.
We have two major recommendations to improve the draft ordinance, which we hope you will consider.
1. Reinstate applicability to include new luminaires (light fixtures) and replacement lighting
Staff removed, “(3) Installation of new outdoor lighting, replacement of existing outdoor lighting fixtures, or changing the lighting type or system.” We recommend reinstating this provision. For buildings that cannot comply with this standard, we recommen d adding a hardship exemption (see below).
The hardship exemption could read as follows: For any structures that are unable to meet the standards of this chapter due to financial hardship or technical infeasibility, they may apply to the Planning Director for an exemption, provided the applicant still complies with Item 18
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the standards of this Chapter to the greatest extent practicable.
Why this is important: Without new or replacement lighting fixtures being subject to the ordinance, Palo Alto’s light pollution will not reduce over time, therefore failing to achieve the expressed purpose of the ordinance. This creates a loophole which allows new development to replace dark sky-compliant luminaires with non-compliant luminaires after initial construction. Without any requirements for new and replacement lighting, this ordinance effectively has no teeth or ability to affect the lighting sit uation in Palo Alto over time. This provision, which was present in earlier drafts of Palo Alto’s Dark Sky ordinance, should be reinstated.
There was some concern expressed by PTC Commissioners that certain older multi -family buildings may not be able to easily modify their lighting due to these structures having older wiring systems. We believe that a hardship exemption (see above) can be wri tten for edge cases such as this without diluting the requirements for buildings that can comply with dark sky standards.
Examples of Applicability from other cities’ Dark Sky Ordinances that include new and replacement lighting include the following.
- Cupertino: “New or replacement exterior lighting”
- Brisbane: “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.” - Malibu: “All outdoor light fixtures installed after the effective date of the ordinance codified in this chapter shall comply with this chapter.” - San Louis Obispo: “no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this section.”
2. Prohibit light trespass entirely rather than establishing a threshold (which may be difficult to enforce and allow nuisance lighting) The standard would read as follows: "No direct glare from a light source shall be visible from any other property or public right of way".
Palo Alto’s Current Draft: “No lighting shall trespass more than 0.5-foot candle as measured at the abutting property line.”
Why this is important: 0.5 foot candle (Palo Alto’s current draft limit) is still a lot of light.
Light sources at or even below 0.5 foot candle can often be the source of nuisance complaints. Palo Alto could instead take the very simple approach that Brisbane took by prohibiting light trespass entirely. This makes light trespass requirements easier to enforce for the City, and easier for residents to understand when they install their own lighting systems. Should Palo Alto decide to allow some light trespa ss, we include language from Cupertino, which uses a more stringent threshold.
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Examples of more stringent light trespass language from other cities’ Dark Sky Ordinances - Brisbane: “Light trespass is prohibited”
- Cupertino: “No exterior light, combination of exterior lights, or activity shall cast light exceeding zero point one (0.1) foot-candle onto an adjacent or nearby property, with the illumination level measured at the property line between the lot on which the light is located and the adjacent lot, at the point nearest to the light source, except if two adjacent properties are non-residential, or function as a shopping center, and agree to coordinate lighting.”
In addition, we have listed a few minor clarifications and suggestions.
3. Change the duration of motion sensor lighting to deactivate after 5 minutes of inactivity instead of 10 minutes
5 minutes should be sufficient to allow for any activity, especially considering that motion sensor technology will keep lights on when there is continuous activity on a site. ○ The 10-minute duration is currently used in
■ (e) Lighting Standards (1) Shielding (iii)
■ (f) Special Purpose Lighting (A)
4. Add definitions for the following terms
○ “Low intensity lamps”
■ Used in (d) Lighting Guidelines (2)
○ “Low voltage”
■ Used in (e) Lighting Standards (C) (i) and (ii)
○ “Short term lighting”
■ Used in (h) Exemptions (3)
5. Replace “fixture” with “luminaire” in all places where “fixture” is used “Light fixture” should be added to the definition of “Luminaire”. These terms are used interchangeably, so clarifying the definition will help avoid confusion between the two terms.
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6. Clarify language regarding string lighting
As currently written, the draft could be interpreted as requiring either 2,700 Kelvin or 42 lumens. Our recommendation is to clarify that both the 2,700 Kelvin and 42 lumens requirements apply and that they are not mutually exclusive. ○ Current draft: (5) String Lighting (A): “String lighting must not exceed 2,700 Kelvin or 42 lumens, and shall not be blinking or chasing.” ○ Recommended language (changes in red): String lighting must not exceed 2,700 Kelvin and no individual lamp that is part of a string lighting installation may exceed a rating of 42 lumens, and shall not be blinking or chasing.
Thank you for your time and consideration,
Dashiell Leeds
Conservation Coordinator
Sierra Club Loma Prieta Chapter
Julianne Wang
Environmental Advocacy Assistant
Santa Clara Valley Bird Alliance
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Outlook
Registering Opposition to “Bird Friendly” Creek Ordinance FromTom Fountain <[email protected]>
Date Mon 11/4/2024 9:24 PM
To Cha, Kelly <[email protected]>
Cc Kristin Sato <[email protected]>
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Ms. Cha:
My wife and I are residents and property owners in Crescent Park. We previously shared with you and Commissioners of the Planning & Transportation Commission (PTC) our opposition to the proposed Stream Corridor Protection ordinance in our letter of October 5, 2024. As you might imagine, we were shocked to subsequently learn following the October 30, 2024 PTC meeting that our property is now also subject to the proposed new Bird Friendly Design Standards related to buildings near creeks.
First, we want to register our strenuous objection to the new proposed Bird Friendly Design Standards. The ordinance should not be scoped to include developed urban areas such as our property. If protecting birds in urban areas is needed, why is the burden limited to only a few hundred residences? Requiring “Bird Friendly Treatments” dramatically reduces the desirability, value, and safety of properties impacted by these requirements in this setting. It is hard to imagine living in a house in such a developed area, so close to one of the Bay Area’s primary freeways, yet be unable to have unobstructed windows. Finally, the extreme nature of this proposed new ordinance is likely to not only negatively impact housing values but meaningfully suppress future improvements in the neighborhood. With an aging property base, we fear owners will prefer to allow properties to deteriorate rather than sacrifice their ability to have normal windows. The code as written is entirely inappropriate for urban areas. We respectfully ask staff to address the scope and severity of the requirements in preparing staff’s report and the draft ordinance for the City Council; at a minimum, we ask that you appropriately capture the extremely strong opposition of homeowners to this proposed ordinance. I have rarely seen a community band together so quickly to fight a local ordinance.
Second, we want to similarly register our opposition to the proposed new Dark Sky Regulations. While supportive of responsible outdoor lighting practices in general, the ordinance proposed is too extreme and proscriptive in the lighting standards required. For our property in particular, the lighting restrictions significantly reduce the safety of our property. This is especially acute given the repeated threat from unhoused persons, intentional and/or accidental wildfires in the creek, and increasing criminal activity. We strongly ask for much greater community discussion on which of these many new regulations are truly needed.
Finally, we are deeply disappointed and outraged by the City’s constant onslaught of new ordinances seeking to reduce our rights. We have only lived in the City of Palo Alto for the last 18 months and have been aghast by the City’s handling of this and other matters. In this case, we were not even 11/5/24, 9:58 AM Registering Opposition to “Bird Friendly” Creek Ordinance - Cha, Kelly - Outlook about:blank 1/2
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notified of the proposed bird friendly ordinance. Worse, the Commission unexplainably expanded the scope of this ordinance dramatically, and without community discussion. This marks the second occasion in just the last month that the City has utterly failed in notifying homeowners and engaging in public outreach. The result is disastrous for us as city residents. We are entirely lost to understand why the City’s agenda appears to be driven by outside interests. We are similarly left wondering if this is yet another vehicle for stifling development in the insane fight between cities and the state, with us left as collateral damage. Taken together, we are offended by the speed with which staff and commissioners appear to be railroading through the Stream Corridor Protection and Bird Friendly Design Standard ordinances.
We will provide detailed opposition statements ahead of each future meeting on these topics. We ask the city to take a more measured and thoughtful approach to regulating development in the city. We are overwhelmed by the massive number of new proposed regulations that materially undermine our enjoyment, value, and safety of living in this city.
Respectfully,
Tom Fountain and Kristin Fountain
11/5/24, 9:58 AM Registering Opposition to “Bird Friendly” Creek Ordinance - Cha, Kelly - Outlook about:blank 2/2
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Item No. 17. Page 1 of 2
City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director Meeting Date: April 7, 2025
Item Number: 17
Report #:2504-4460
TITLE
Supplemental Report: Potential Support or Sponsorship of a Senate Bill 457 (Becker) Regarding Housing Accountability Act Reforms (Item Continued from March 24, 2025 City Council Meeting)
RECOMMENDATION
Staff recommends the City Council discuss and provide direction to:
A. Approve a Support or Sponsorship position on SB 457; and B. Designate a City Council representative to provide testimony in support of the Bill and/or authorize the City Manager or their designee to serve this role.
BACKGROUND AND ANALYSIS
On March 24, 2025, the City Council considered this item and voted to continue it to April 7, 2025, to allow more time for public consideration. During the March 24 meeting, several councilmembers raised questions regarding the potential impact of SB 457 on Palo Alto’s Builder’s Remedy projects. Staff is unable to provide a definitive answer at this time, as there are some unresolved ambiguities regarding how the bill interacts with existing law.
Specifically, subdivision (f)(7)(A) of the Housing Accountability Act (HAA), which was added by AB 1893 (2024), allows housing development projects that submitted a preliminary application prior to January 1, 2025 to choose to be subject to the HAA as it existed on the date of the preliminary application, or, if the project meets the definition of a 'builder’s remedy project' under AB 1893, to opt to be subject to any or all provisions of the HAA as of January 1, 2025.
Since all of Palo Alto’s Builder’s Remedy projects submitted preliminary applications prior to January 1, 2025, these existing provisions have the potential to conflict with SB 457 in the event it is enacted. This interplay between AB 1893 and the SB 457 could result in differing interpretations regarding the applicable standards. Staff anticipates that further clarification will emerge as SB 457 continues through the legislative process.
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Item No. 17. Page 2 of 2
In addition, staff notes that some Builder’s Remedy applicants have entered into tolling agreements with the City, which essentially pause the timelines for either party to take action on a Builder’s Remedy application. These agreements may also preserve an applicant’s right to pursue their Builder’s Remedy project even if SB 457 is enacted; however, this will require a case-by-case legal analysis.
Finally, staff have been alerted that another bill of interest - AB 650 - has recently been amended. This bill, sponsored by the League of California Cities, is primarily directed at amending the Housing Element process, but it also specifies that cities can reject Builder’s Remedy applications that are filed while a housing element is under review by HCD. In this way, it overlaps with part of the proposed language SB 457. Notably, however, AB 650 as currently drafted will have only prospective effect.
To allow the Council and the public to assess the effect of SB 457 in the event the bill is modified over time, staff is providing the following pertinent information for each pending Builder’s Remedy project.
Address Preliminary
Application
Formal
Application
Application
Complete
Tolling
Agreement
3150 El Camino Real 1/10/2023 6/6/2023 Yes
762 San Antonio 1/9/2024 4/23/2024 7/22/20224
3606 El Camino Real 2/15/2024 6/10/2024 12/23/2024
3781 El Camino Real 2/15/2024 6/10/2024 3/14/2025
3400 El Camino Real 2/22/2024 7/17/2024
156 California Ave 3/12/2024 4/23/2024 7/11/2024
3997 Fabian 4/15/2024 Yes
680 University 5/14/2024 9/3/2024 Yes
2300 Geng Road 7/8/2024 12/18/2024
Additional key dates related to the current drafting of SB 457:
4/15/2024 – Final Council adoption of Housing Element
8/20/2024 – HCD Certification of Housing Element
ATTACHMENTS
None.
APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 17
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