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Ordinance 13-012 Amends Lighting Regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SECTIONS 22.60.020, 22.60.030, AND 22.60.050 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO INSTALLATION OF OUTDOOR LIGHTING, LIGHTING PLANS, OFF-SITE LIGHT TRESPASS STANDARDS, LIGHTING REQUIREMENTS FOR OUTDOOR ARENAS, STADIUMS, AND PLAYFIELDS, EXCEPTIONS TO LIGHTING STANDARDS, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC)Title 22,pursuant to Ordinance 07-015; and WHEREAS,on October 28,2007, SVMC Title 22 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, on June 13, 2013,the Planning Commission held a study session; and WHEREAS, on June 14, 2013,notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on June 19, 2013, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to the Spokane Valley Municipal Code; and WHEREAS, SVMC 22.60.020, SVMC 22.60.030, and SVMC 22.60.050, as amended, bear a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on June 27, 2013, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations and provided a recommendation; and WHEREAS, on July 11, 2013,the Planning Commission approved the findings and recommendations; and WHEREAS, on July 23,2013, City Council reviewed the proposed amendment;and WHEREAS, on August 13, 2013, City Council considered a first ordinance reading to adopt the proposed amendment. NOW, THEREFORE,the City Council of the City of Spokane Valley do ordain as follows: Ordinance 13-012 Page 1 of 5 Section 1. Purpose. The purpose of this Ordinance is to amend SVMC sections 22.60.020, 22.60.030, and 22,60.050. Section 2. Findings. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council hereby adopts the findings of the Planning Commission, specifically that: A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County-Wide Planning Policies. Land Use Policy LUP-1.2 Protect residential areas from impacts of adjacent non- residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. Land Use Policy LUP-13.1 Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. Housing Policy HP-1.2: Streamline the development review process and strive to eliminate unnecessary time delays and expenses. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. Economic Policy EDP-7.1: Evaluate,monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. Neighborhood Goal NG-2: Preserve and protect the character of Spokane Valley's residential neighborhoods. Neighborhood Policy NP-2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. Neighborhood Policy NP-2.2: Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units, and in-fill development. Ordinance 13-012 Page 2 of 5 Section 3. Amendment. Spokane Valley Municipal Code section 22.60.020 is amended as follows: 22.60.020 Application. The requirements of this chapter and the Washington Energy Code apply to outdoor lighting requirements for all developments except one- and two-family dwellings and public street lighting. (Ord. 07-015 § 4, 2007). Section 4. Amendment. Spokane Valley Municipal Code section 22.60.030 is amended as follows: 22.60.030 General requirements. The installation of new outdoor lighting or the extension,modification or expansion of existing outdoor lighting is subject to the following requirements: A. All outdoor lights shall include a light source and reflector that controls the light beam so that unshielded light does not extend across any bounding property line between incompatible uses or into the public right-of- way. B. Outdoor lighting fixtures shall be designed so that the light source is shielded at any bounding property line except where topographical characteristics make this impossible. UNACCEPTABLE ACCEPTABLE T2 I $f$ ' .A II J1-11i11.:,1111111I111A Ckt,.,,,kW °' rr��lAr. .@ �'„q�7,lulllu lluingUr•. F• '_4llllf -�'. i C.Applications for commercial development will be evaluated by the Community Development Director to determine if a lighting plan is required to assess and mitigate impacts. The need for a lighting plan will be based on the scope and scale of the project, compatibility with surrounding uses, and anticipated light impacts. If required, the plan will include the following: 1. A site plan showing the location of all outdoor light fixtures. Ordinance 13-012 Page 3 of 5 2. The type and method of shielding for each light fixture. D. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. 22.60.040 Prohibited lights. The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: A. Laser source light, strobe lights and similar high intensity light sources, except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. B. Searchlights. (Ord. 07-015 § 4, 2007). Section 5. Amendment. Spokane Valley Municipal Code section 22.60.020 is amended as follows: 22.60.050 Exceptions. A.Navigation and airport lighting required for the safe operation of boats and airplanes. B. Emergency lighting required by police,fire, and rescue authorities. C.Lighting for state and federal highways authorized by the Washington State Department of Transportation. D. Internal lighting of permitted signs. E. Outdoor lighting for public monuments. F. In-pool lighting for private swimming pools. G. Holiday decorations. Section 6. All other provisions of SVMC Chapter 22.60 not specifically referenced hereto shall remain in full force and effect. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 13-012 Page 4 of 5 Passed by the City Council this 27th day of August,2013, ,-7 i ,/ .✓' , ayor,Thom . E.Towvey ifil ATT1B . LA ..,.. -,:tV / A City Clerk, Christine Bainbridge Approved as to Form: 0 Office f t e City on y ZS Date of Publication:c- Sc3 - d/ Effective Date: ,- //- - a' (-3 Ordinance 13-012 Page 5 of 5