ORDINANCE NO. 5035
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING TITLE 22 OF THE SANTA
BARBARA MUNICIPAL CODE BY ADDING CHAPTER 22.75
AND AT AMENDING CHAPTERS 22.22 AND 22.68,
REGARDING THE REGULATION OF OUTDOOR LIGHTING
FIXTURES FOR THE PURPOSES OF MINIMIZING LIGHT
POLLUTION AND ELIMINATING NUISANCE LIGHTING.
WHEREAS, there is a need for a lighting ordinance within the
City of Santa Barbara which recognizes the benefits of outdoor
lighting and which provides clear guidelines for its installation
and proper use so as to help maintain and complement the City's
night time character and in order to reduce light pollution, to
minimize the negative effects of sky glow caused by improper
lighting, and to eliminate unnecessary nuisance lighting.
WHEREAS, appropriately regulated and properly installed
outdoor lighting will contribute to the safety and welfare of the
residents of the City and will help to preserve the semi-rural
character of many areas of the City.
WHEREAS, in order to preserve and enhance the unique qualities
of Santa Barbara's residential neighborhoods and visual
environment, it is essential to encourage the highest quality of
outdoor night time lighting through the adoption of performance
standards. Good lighting design increases safety, enhances the
City's night-time character, respects the privacy of neighbors, and
is energy efficient.
WHEREAS, poorly designed lighting may compromise safety,
security, and visibility through excessive glare, and diminishes
privacy and wastes energy through misdirected light.
WHEREAS, this ordinance is intended to recognize the benefits
of outdoor night-time lighting and to provide clear guidelines for
the design, installation, and use of lighting in order to help
maintain and complement the character of Santa Barbara.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA BARBARA
DOES ORDAIN AS FOLLOWS:
Section 1. Title- 22 of the Santa Barbara Municipal Code is
amended by adding a new chapter, Chapter 22.75, which reads as follows:
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CITY OF SANTA BARBARA OUTDOOR LIGHTING ORDINANCE
Section 22.75.010. Purpose.
In order to preserve and enhance the unique qualities of Santa
Barbara's residential neighborhoods and its visual environment, it
is essential to encourage the highest quality of outdoor night-time
lighting through the adoption of lighting standards.
This ordinance is intended to reduce problems created by improperly
designed and incorrectly installed outdoor lighting, particularly
in the City's residential zones. It is intended to provide for
safety and security concerns, without contributing to the problems
associated with glare, light trespass, or skyglow, and to promote
the efficient use of energy.
This ordinance establishes certain regulations and design review
requirements intended to limit the uses of outdoor lighting to
certain appropriate land uses and to prohibit the use of certain
lighting fixtures.
This ordinance recognizes the benefits of outdoor night-time
lighting and provides clear guidelines for its design and
installation to help maintain and complement Santa Barbara's
character.
Section 22.75.020. Definitions. For the purposes of this
Title, the following words and phrases shall have the meanings set
forth herein:
A. Adjacent. Immediately next to.
B. AMBIENT LIGHTING. The general character and overall level
of illumination in a particular area.
C. DIRECT UPWARD LIGHT EMISSION. Light rays that are emitted
from a fixture that are above a horizontal plane intersecting that
light source or fixture.
D. GLARE. Brightness in the field of view that is sufficiently
greater than the amount to which the eye is adapted, causing
annoyance, discomfort, or loss of visual performance and visibility.
E. LASER LIGHTS. A laser source light, or any similar high
intensity light, used for outdoor advertising or entertainment,
when projected above the horizontal.
F. LIGHT SOURCE Any man-made light source, or collection of
light sources that produce light by any means.
G. LIGHT TRESPASS Light produced by a Lighting Fixture that
illuminates a surface beyond the boundaries of the property on
which it is located.
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H. LIGHTING FIXTURE. A complete unit consisting of a Light
source together with a housing and parts designed to distribute and
aim the light, located outside a building, including but not
limited to, fixtures attached to any part of a structure, located
on the surface of the ground, or located on free standing poles.
I. LOW VOLTAGE. Operating at 24 volts or less or as defined by
Section 551-2 of the National Electrical Code (1993 edition) or as
such Code is subsequently amended from time to time.
J. NUISANCE LIGHTING. Includes, but is not limited to, Glare,
Light Trespass, and Skyglow.
K. OUTDOOR LIGHTING. The night time illumination of an outside
area or object, or any man-made light emitting object located outdoors.
L. OUTDOOR RECREATIONAL COURT. Includes, but is not limited
to, a field, court, or other area, whether permanent or temporary,
designed or used for playing any sport or game, such as tennis,
volleyball, basketball, or badminton, or similar outdoor game or
sport, but not including lighting for a swimming pool which is
located beneath the surface of the water.
M. SEARCHLIGHT. A mobile or fixed projector designed to
produce an approximately parallel beam of light which is aimed
above the horizontal plane, the use of which includes, but is not
limited to, advertising for special events.
N. SHIELDED. A Lighting Fixture having a configuration of the
housing or optics that prevents a direct view to the light source
from normal viewing angles (i.e., less than 20@ above the horizontal plane).
O. SKYGLow. The adverse effect of brightening of the night sky
due to man-made lighting.
Section 22.75.030. Certain Lighting Prohibited.
A. GENERAL PROHIBITIONS. The use of the following Lighting
Fixtures shall be prohibited in all zones of the City:
1. Mercury vapor and low-pressure sodium fixtures and
lamps except when used for landscape lighting accent purposes.
2. Searchlights, Laser Lights, or similar high intensity
outdoor lights except pursuant to a special lighting
event permit granted pursuant to subsection C hereof.
3. Lighting Fixtures mounted in such a way as to
illuminate a roof or an awning.
4. Lighting Fixtures mounted to aim light only towards a
property line.
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5. Lighting Fixtures mounted in a way that is distracting
to motorists or in a way that interferes with the safe
operation of a motor vehicle, as may be determined by the
City Engineer.
6. Lighting that is blinking, moving, or which changes in
intensity --except small temporary lighting fixtures
installed and used only during the period between the
last week of November and first week of January of the
following year.
B. OUTDOOR recreational COURT LIGHTING IN RESIDENTIAL AREAS.
The lighting of an Outdoor Recreational Court is prohibited in all
residential zones of the City except where such a Court is located
on a property used for non-residential purposes in accordance with
the applicable provisions of Title 28 for non-residential uses in
residential zones.
C. SPECIAL LIGHTING EVENTS. Upon the application of a property
owner or a business within the City, the Community Development
Director may grant a temporary permit for the use of a searchlight,
laser light or other similar lighting fixture for a period not to
exceed eight (8) consecutive hours, provided that no such permit
shall be granted for any one property (or business location) within
the City more often than five (5) times during any 180 day period
and provided further that in no case shall a searchlight, laser
light, or other similar lighting fixture be operated pursuant to
such a permit between midnight and sunrise.
Section 22.75.040. Certain Lighting Exempted. The use of the
following Lighting Fixtures and Light Sources are exempted from
regulation pursuant to this Chapter:
A. LOW VOLTAGE FIXTURES. Low Voltage lighting except for
those Fixtures regulated pursuant to subsection 22.75.030A(6) above.
B. CONTROLLED FIXTURES. A Lighting Fixture controlled by
a motion detector in a residential zone provided the
motion detector is predominantly in the off mode and it
is installed to minimize Nuisance Lighting.
Section 22.75.050. Outdoor Lighting Review by the
Architectural Board of Review and the Historic Landmarks
Commission. Those projects for which review is required by the
Architectural Board of Review pursuant to the requirements of
Chapter 22.68 and those projects for which review is required by
the Historic Landmarks Commission pursuant to Chapter 22.22 shall
also be reviewed for consistency with the City Outdoor Lighting
Design Guidelines approved by resolution of the City Council.
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Section 22.75.060. Control of Nuisance- Lighting in and
adjacent to Residential Zones.
A. GENERALLY. Outdoor lighting in residential zones and
outdoor lighting on real properties adjacent to residential zones
shall be designed, installed, and operated so that it is compatible
with the ambient lighting of the neighborhood in which it is
located. Such lighting shall be designed, installed, and operated
to control glare, prevent light trespass onto adjacent areas,
minimize direct upward light emission, promote effective security,
avoid interference with safe operation of motor vehicles. The
minimum intensity needed for the intended purpose shall be used.
B. ENFORCEMENT. The staff of the Community Development
Department shall be responsible for the enforcement of this Section
provided, however, that enforcement shall occur only upon a written
complaint and upon a determination by City enforcement staff that
the light or lights constitutes Nuisance Lighting which is
unreasonably and negatively affecting a neighboring resident. Upon
such a determination, the light or lights shall constitutes a
public nuisance which may be abated by the City and which, if
necessary, may be enjoined by a court of competent jurisdiction.
C. ENFORCEMENT MEASURES. Prior to the initiation of legal
measures for the enforcement of this Section, the staff of the
Community Development Department shall attempt to remedy a
reasonable complaint concerning Nuisance Lighting by recommending
or, if necessary, by requiring the property owner of the property
from which the light emanates to take appropriate steps to
eliminate the Nuisance Lighting. Such steps may include, but are
not limited to, each of the following (or any combination thereof)
in the priority listed herein:
1. The use and application of appropriate lighting
equipment, fixture locations, shielding, light sources
and illumination intensities, and through the elimination
of unnecessary lighting.
2. Nuisance Lighting control through the use of
vegetation, landscaping, fences or similar screening
methods and fixture aiming adjustments.
3. Restrictions on the hours of operation or by requiring
the use of motion detector switches or timers to trigger
the lights only on an as needed basis.
4. The preparation and implementation of a professional
lighting plan designed to avoid Nuisance Lighting which
plan is reviewed by and acceptable to the Architectural
Board of Review or the Historic Landmarks Commission, as
applicable.
D. PRIVATE RIGHT OF ACTION. Any aggrieved person may enforce the
provisions of this Section by means of a civil action seeking injunctive relief
in a court of competent jurisdiction.
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Section 2. Chapter 22.22 of Title 22 of the Santa Barbara
Municipal Code is amended to amend Section 22-22.104 and Section
22.22.130 to read as follows:
Section 22.22.104 Required Architectural styles.
A. Any structure hereafter constructed or altered as to its
exterior appearance and located within El Pueblo VieJo Landmark
District shall, as to its exterior architecture, be compatible with
the Hispanic tradition as it has developed in the City of Santa
Barbara from the later 18th century to the present, with emphasis
on the early 19th century "California Adobe" and "Monterey Revival"
styles, and the "Spanish Colonial Revival" style of the period from
1915 to 1930. Examples of these styles are:
1. Hill-Carrillo Adobe ("California Adobe").
2. De la Guerra Adobe ("California Adobe").
3. Covarrubias Adobe ("California Adobe").
4. Mihran Studios ("Monterey Revival").
5. Arlington Theatre ("Spanish Colonial Revival").
6. Santa Barbara County Courthouse ("Spanish Colonial Revival").
7. El Paseo ("Spanish Colonial Revival").
8. Lobero Theatre ("Spanish Colonial Revival").
B. LANDMARKS AND STRUCTURES OF MERIT. A designated landmark
or structure of merit not conforming to any of the architectural
styles required in Sections 22.22.100(A.) and 22.22.104(A.) of this
chapter may be altered on the exterior for the purpose of
restoration of its original appearance, or to substantially aid its
preservation or enhancement, in its particular architectural style
with the prior written approval of the Commission or City Council
under Section 22.22.170.
C. OUTDOOR LIGHTING. Any structure hereafter constructed or
altered as to its exterior appearance and located within El Pueblo
Viejo Landmark District shall comply with the applicable
requirements of Chapter 22.75 as to its outdoor lighting and with
the City s Outdoor Lighting Design Guidelines.
Section 22.22.130 El Pueblo Viejo Landmark District and
Brinkerhoff Avenue- Landmark District.
A. APPROVAL FOR CONSTRUCTION, DEMOLITION, MOVING OR EXTERIOR
ALTERATION. No structure or real property in El Pueblo Viejo
Landmark District or Brinkerhoff Avenue Landmark District shall be
constructed, demolished, moved or altered on its exterior without
the approval of the Commission or City Council upon appeal. Minor
alterations specified in the Historic Landmarks Commission Rules
and Procedures, adopted from time to time by resolution, may be
allowed subject to the review of the Community Development Director
or his/her representative.
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B. PROCEDURE. Any application for an approval or permit to
construct, demolish, move or alter the exterior of any structure or
real property located within El Pueblo Viejo Landmark District or
Brinkerhoff Avenue Landmark District, together with plans,
elevations and site plans therefore, shall be referred to the
Commission for review. A permit shall not be issued without the
prior written approval of the Commission or City Council upon
appeal. Any change of the exterior color or the outdoor lighting
of any structure shall be referred to the Commission for review.
If a building permit is not required, there shall not be any
exterior alteration or change of exterior color unless there has
been a final written approval of the Commission, where required, or
the City Council upon appeal. The Commission or City Council on
appeal shall not approve issuance of such permit unless the plans
conform to the provisions of this chapter. Any application shall
be considered and either approved or disapproved by the Commission
at its next regularly scheduled meeting for which an agenda has not
been finalized after completion of any required environmental
assessment, but may be continued to the next regular meeting. In
the absence of timely oral or written objection by the applicant,
the Commission may continue consideration of an application to
subsequent meetings. In the event an applicant objects to
continuance by the Commission and if the Commission takes no action
on the application, then the application shall be deemed approved.
Section 3. Section 22.68.040 of Chapter 22.68 of the Santa
Barbara Municipal Code is amended to read as follows:
22.68.040 Applicability.
A. BUILDING PERMITS - NONRESIDENTIAL, MULTIPLE RESIDENTIAL,
TWO OR MORE STORY DUPLEX, TWO OR MORE DETACHED RESIDENTIAL UNITS
AND MIXED USE. Except for properties located within El Pueblo
Viejo Landmark District or another landmark district, and except
for designated Landmarks [see Chapter 22.22], all applications
for building permits to erect or alter the exterior of a non-
residential, multiple residential, two or more story duplex or
mixed use (residential and non-residential) building or structure
or which will result in two or more detached residential units on
one lot, shall be referred to the Architectural Board of Review for
review.
B. BUILDING PERMITS - SINGLE-RESIDENTIAL AND ONE-STORY
DUPLEX UNITS, NEIGHBORHOOD PRESERVATION. Except for properties
located within El Pueblo Viejo Landmark District or another
landmark district, and except for designated Landmarks [see Chapter
22.22], applications for building permits to erect or alter the
exterior of a single residential or one-story duplex building or
structure shall be referred to the Architectural Board of Review
for review if:
1. Any portion of the lot or lots is in a special
design district described in Section 22.68.110; or
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2. All new, and all additions to existing, single-
residential and one-story duplexes, garages, and accessory
structures on the lot will result in a combined floor area in
excess of four thousand (4,000) square feet or a floor area to lot
area ration of thirty-five percent (25%) of greater; or
3. All additions, demolition and replacement, remodel
or reconstruction projects which will result in an increase in the
combined floor area of all structures on the site of more than
fifty percent (50%) above the combined floor area of all structures
constructed pursuant to valid building permits, existing on the
site as of July 1, 1992.
C. GRADING AND VEGETATION REMOVAL PERMITS. All applications
for grading permits involving grading and all vegetation removal
permits on a lot or lots located within a Special Design District
described in Section 22.68.110, shall be referred to the
Architectural Board of Review or the Historic Landmarks Commission
for review, as applicable. In order to approve any grading or
vegetation removal permit, the Architectural Board of Review or
Historic Landmarks Commission must find, in addition to the
findings in Section 22.68.060, that the proposed grading or
vegetation removal permit:
1. Will result in no significant increase in siltation
or decrease in water quality of streams, drainages or water storage
facilities to which the property drains; and
2. Will result in no substantial loss of southern oak
woodland habitat; and
3. Is in compliance with all applicable provisions of
Chapter 22.10, Vegetation Removal, of this Code.
D. GRADING PLANS. All subdivision grading plans involving
grading on a lot or lots located within a special Design District
described in Section 22.68.110, shall be referred to the
Architectural Board of Review or the Historic Landmarks Commission
for review, as applicable.
E. EXTERIOR COLOR. Any change of the exterior color of a
non-residential building or a residential project with more than
two residential units which is subject to the review of the
Architectural Board of Review or another alteration, shall be
referred to the Architectural Board of Review for review of
exterior color.
F. OUTDOOR LIGHTING. Any change of or addition to the
outdoor lighting of any building or property subject to review by
the Architectural Board of Review shall comply with Chapter 22.75
and with the City's Outdoor Lighting Design Guidelines.
G. HIGHWAY 101 IMPROVEMENTS. Improvements to Highway 101 or
appurtenant highway structures which require a Coastal Development
Permit pursuant to municipal Code Section 28.45.009 and which are
located within the Highway 101 Santa Barbara Coastal Parkway
Special Design District as defined by Municipal Code Section
22.68.110 shall be referred to the Architectural Board of Review
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for review, except for improvements to those portions of Highway
101 and its appurtenant structures that are located within the El
Pueblo Viejo Landmark District subject to review pursuant to SBMC
S22.22.140 (B).
H. SUBMITTAL REQUIREMENTS Applications for review by the
Architectural Board of Review shall be made in writing in such form
as is approved by the Director of Community Development. Submittal
requirements shall be established subject to approval by the C
Community Development Director.
Bill No. 5052
Ordinance No. 5035
Adopted December 9, 1997
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