Proposed 'dark sky' law for Ojai Valley moves ahead — with reservations

Kathleen Wilson | Ventura

A proposal to curb outdoor lighting levels in a swath of the Ojai Valley is moving ahead, bringing the popular tourist area closer to joining the “dark sky” movement.

Ventura County planners say the proposed ordinance will help protect views of the night sky and stars, benefit wildlife, reduce glare, save energy and enhance the area’s rural atmosphere.

But it would require change. If passed, residents would be required to douse non-essential outdoor lights in late-night hours and meet new standards for lighting when they add or replace outdoor fixtures. Existing lighting in commercial and industrial zones would generally have to be brought up to standard in three years.

The ordinance recommended recently by the Ventura County Planning Commission is headed now to the Ventura County Board of Supervisors, which has the power to pass it. The new rules would apply to a 50-square-mile unincorporated area that basically stretches from the vicinity of Foster Park to the Dennison Grade. A decision could be made by fall.

Taking the long view

Generally, the proposal requires that lighting be less intense, does not splash into neighbors’ yards, and is placed lower on buildings, shielded and directed downward. Certain lights including blinking, flashing, rotating and strobe lights would be prohibited. Seasonal lights, street lights and lighting on signs would be exempted.

Regulations would apply to homes and businesses, including large facilities that emit a lot of light such as greenhouses and gas stations. Outdoor recreational facilities such as ballfields would also be regulated.

County Planning Director Kim Prillhart told commissioners the conversion won’t come overnight.

“We’re taking the long view,” she said, saying the changes would take place over five to 20 years.

America's dark skies offer amazing star-watching opportunities Listen to Natural Bridges National Monument ranger Avery Sloss describe the power of the night sky as the Milky Way rotates above.

Under what’s called the “Dark Sky Movement,” a growing number of communities in the nation have passed ordinances to curb what is considered to be excessive outdoor lighting.

Such lighting not only blocks views of the stars but disrupts human sleep patterns and jeopardizes the health of nocturnal animals, according to the International Dark-Sky Association. Based in Tucson, the nonprofit organization combats “light pollution,” which is defined as any adverse effect of artificial light.

The first “dark sky” measure passed in 1958 in Flagstaff, Arizona, and others started sprouting up in the early 1970s, said John Barentine, director of public policy at the association. Most mid-size communities have some restrictions, and public awareness has grown, but interest doesn’t necessarily translate into aggressive action, he said.

And there can be pushback. Opponents object that crime will increase, they won’t be able to see as well and that it’s an abridgment of their private property rights, he said.

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“A lot of that translates to a misunderstanding of what our goals are,” he said. “It is not that we want to turn the lights off; we want better lighting.”

The city of Ojai already has such an ordinance, but the county’s measure would impose similar rules for territory encompassing Meiners Oaks, Oak View, Casitas Springs, Mira Monte and land just east of Ojai. Upper Ojai would not be included, officials said.

Malibu has a dark sky measure and so does Kern County, officials said. Supervisor Linda Parks said the board plans to consider one for Yerba Buena, a residential community near Malibu. The board also plans to evaluate rules for property near Naval Base Ventura County to minimize light and glare, she said.

Taking a common approach

The two-pronged approach that the Ojai Valley measure takes — dark hours plus installation of what’s considered environmentally friendly lighting — is commonly seen in “dark sky” measures.

The Ojai Valley measure establishes a range of possibilities for “dark hours.” They start at 10 p.m., when people are no longer present in exterior areas like a backyard, or at the close of operating hours for a business, whichever is later. The prohibition stops at sunrise.

Although non-essential lights must be turned off, the restriction does not cover security lights and lights that illuminate walkways, driveways and building entrances.

The standards for new lighting would take effect immediately after the ordinance takes effect, which is generally 30 days after passage.

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For existing lighting, the proposal contains a one-year grace period for all property owners, project planner Ruchita Kadakia said. After that, she said, property owners must comply with dark hours for nonessential lighting and direct light downward if possible.

The new standards for the design of lighting — including intensity, color temperature, height and the spread of light — would take effect for existing lighting in commercial and industrial zones within three years of the time the ordinance takes effect. That time period may be extended if the property owner can justify it.

Ventura County Sheriff’s Office Capt. James Fryhoff, who oversee patrols in the Ojai Valley, said he is not opposed to the proposal as long as security lighting is maintained. He has asked that the ordinance allow lighting to be added if officers see targeted attacks in an area.

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Fryhoff said he hasn’t seen any increase in crime attributable to lighting since the city of Ojai passed its “dark sky” ordinance five years ago. City Manager Steve McClary said he knew of no complaints about the Ojai restrictions.

Research for at least 25 years shows no evidence to support the idea that lighting discourages crime, Barentine said. But studying it is problematic because of the difficulty of isolating the impact of lighting from other factors that may influence crime, he said.

“That is not to say the presence of light at night never has any effect on crime, but we can’t say it (does) in a consistent way,” he said.

Commission asks for more steps

The Planning Commission recommended passage of the proposal late last month in a 4-1 vote, but asked for three additional steps to be taken:

Find out whether the county can legally impose the standards on commercial and industrial properties now operating under permits with different lighting requirements.

Obtain the opinions of lighting and security experts over safety issues.

Loosen the standards for security lighting for agricultural operations in recognition of their sometimes remote locations. Planners are looking at whether such operations can use up to 2,600 lumens without motion detectors that would shut the lights off intermittently.

Commissioners Nora Aidukas, W. Stephen Onstot, Richard Rodriguez and Phil White voted for the amended proposal.

Commissioner Maggie Kestly voted no, expressing strong reservations over the effect on security and safety.

“There’s a lot in the ordinance that’s overreaching,” she said. “I see benefits. I just think this goes too far.”

Fewer than a dozen people attended the hearing before the Planning Commission. Agricultural interests asked for a delay to provide more time to educate the public. They also objected to the height limit of 15 feet for security lights on buildings and motion detectors that shut security lights over 850 lumens off intermittently.

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Lynn Jensen, executive director of the Coalition of Labor, Agriculture and Business, said growers in remote, dark areas need more power to protect themselves.

“When you’re driving out there, there’s no lighting,” she said. “It’s dangerous already.”

Deborah Pendrey, who chairs the dark sky project of the Ojai Valley Green Coalition, supported the measure. The coalition considers it “a good start,” she said.

Like air and water pollution, light pollution can be addressed with regulation, she said.

“The science is there and this thing called artificial light is harmful,” Pendrey said.

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