TITLE 22 RESOURCES MANAGEMENT
CHAPTER 22.04 HILLSIDE MANAGEMENT
CHAPTER 22.12 LIGHTING STANDARDS
CHAPTER 22.04 HILLSIDE MANAGEMENT
22.04.090 Development Guidelines.
22.04.090(e)
Lighting. In hillside areas, all exterior lighting
should be designed and oriented to:
22.04.090(e)(1)
Preserve the character of the hillside environment; and
22.04.090(e)(2)
Minimize the visual impact of such lighting.
22.04.092(w)
Lighting. Within hillside areas, all exterior lighting
shall be low scale and low intensity.
22.04.092(w)(1)
The use of low or high pressure sodium light fixtures
shall be prohibited.
22.04.092(w)(2)
Street lighting shall be provided only where
site-specific safety conditions warrant.
Where street lighting is required,
its location and intensity shall be subject
to the Planning Commission's review.
22.04.092(w)(3)
Exterior lighting shall be located and shielded so as
to direct light away from adjoining lots,
buildings, and streets (public or
private).
22.04.092(w)(4)
All exterior lighting shall be hooded or screened as
to direct light downward and should not impact
adjacent property owners in
terms of glare and privacy.
22.04.092(w)(5)
The illumination of hillside slopes with area wide
lighting [search, spot, or flood] lighting
fixtures shall be subject to
Planning Commission's review.
For any exterior lighting a recommendation
from a qualified biologist as to
the possible effects of proposed lighting
levels on wildlife movement and
mountainous habitat area within hillside areas
shall be subject to Planning
Commission's review. This report shall
contain recommendations as to the
other possible lighting alternatives [if any],
fixture placement, wattage, and
hours of operation.
22.04.092(w)(6)
Any architectural, landscape, or accent lighting
[lighting used for decorative effects] shall
be turned off between 11:00 p.m.
and sunrise in order to protect Palomar Observatory
from light pollution.
Common recreational areas [club house, common
pool areas, etc.) may be
lighted while those facilities are actually
in use. This requirement shall exclude
outdoor lighting used for illuminating walkways,
or other outdoor security
lighting as permitted.
CHAPTER 22.12 LIGHTING STANDARDS
Sections:
22.12.010 Purpose and Intent.
22.12.020 Conformance.
22.12.030 Definitions.
22.12.040 General Installation Requirements.
22.12.050 Lighting Standards and Submission
of Plans and Evidence of Compliance.
22.12.060 Prohibitions.
22.12.070 Permanent Exceptions.
22.12.080 Temporary Exceptions.
22.12.090 Emergency Exemptions.
22.12.100 Conflicts.
22.12.110 Violations and Penalties.
22.12.120 Violations Constitute Public
Nuisance.
22.12.130 Severability.
22.12.010 Purpose and Intent.
The intent of this Chapter is to restrict the
installation and permitted use of
certain light fixtures which have a detrimental
effect on adjacent properties.
This Chapter is also intended to mitigate
glare and light overflows originating
from single family dwelling units. This
Chapter does not require any
replacement of light fixtures already installed
and operating. (Ord. 324 §1
[Exhibit A], 1993).
22.12.020 Conformance.
All artificial outdoor light fixtures, including
signs as permitted in Title 17 (Sign
Regulations) shall be installed in conformance
with the provisions of this
Chapter and the applicable provisions of the
ordinances of the City of Indian
Wells regulating the installation of such
fixtures. All applications for
Architectural and Landscape Committee or Community
Development
Department review (Section 21.12.050) shall
substantiate that the provisions of
this Chapter have been met. The Architectural
and Landscape Committee and
the Community Development Department shall
consider the intent of this
Chapter when reviewing all such applications.
(Ord. 324 §1 [Exhibit A], 1993).
22.12.030 Definitions.
22.12.030(a)
Outdoor Lighting Fixtures. Outdoor light fixtures
means outdoor artificial illuminating devices,
installed or portable, used for
flood lighting, general illumination or advertisement.
Such devices shall
include, but are not limited to, search, spot,
and flood lights for: (1) buildings
and structures; (2) recreational facilities;
(3) parking lots and vacant property
used for temporary parking; (4) landscape
lighting; (5) outdoor advertising
signs; (6) street lighting on private streets;
(7) walkway lighting; and
(8) miscellaneous and other outdoor temporary
uses.
22.12.030(b)
Commercial Lighting. Commercial lighting means
all lighting used for commercial or business
activities such as outdoor
identification or advertising signs (also
lighting used to illuminate signs
that are not directly connected to the signage),
outdoor eating areas
associated with restaurants or retail establishments
(General Commercial zone
designation), parking lot lighting,
security lighting, and other similar
applications.
22.12.030(c)
Residential Lighting. Residential lighting means
all outdoor lighting originating from residential
zoning designations and
clubhouse facilities for uses such as identification,
illuminations for decorative
purposes, landscaping, walkways, and security.
Examples of Class II lighting
include, but are not limited
to, the illumination of flag poles, trees, fountains,
statuary, and building walls.
22.12.030(d)
Community Development Director.Community
Development Director means the Director of
Community Development of the
City of Indian Wells or designated representative.
22.12.030(e)
Glare. Glare means the harsh appearance of a direct source
of light as discernible from adjacent properties.
22.12.030(f)
Individual. Individual means any private individual, tenant,
applicant, agent, lessee, owner or any commercial
entity, including, but not
limited to, companies, partnerships, joint
ventures or corporations.
22.12.030(g)
Installed. Installed means any installation of outdoor
lighting fixtures after the effective
date of this Chapter. Projects with
construction plans approved by the City prior
to the effective date of this
Chapter are excluded from installation in
compliance with this Chapter.
22.12.030(h)
Light. Light means that part of the electromagnetic
radiation in the wavelength range visible
to the naked eye.
22.12.030(i)
Lighting. Lighting means an artificial supply of
light.
22.12.030(j)
Luminaire. Luminaire means a complete lighting unit
consisting of a lamp or lamps together with
the parts designed to distribute
light on any property, to position and protect
the lamps and to connect the
lamps to the power supply.
22.12.030(k)
Outdoor Advertising Signs. Outdoor advertising signs
means business name identification or advertising
signs permitted per Title 17
(Sign Regulations).
22.12.030(l)
Outdoor Recreational Facilities. Outdoor recreational
facilities means public or private facilities
as described in the City of Indian
Wells Zoning Code Sections 21.08.060 (Amusement
Park), 21.08.260 (Golf
Course), 21.08.421 (Recreational Facilities).
22.12.030(m)
Shielded. Shielded means provided with a protective
cover or shelter as to obscure observation.
22.12.030(n)
Fully Shielded. Fully shielded means outdoor light fixtures
shielded or constructed so that light rays
emitted by the fixtures are projected
below the horizontal plane passing through
the lowest point on the fixture from
which light is emitted.
22.12.030(o)
Partially Shielded. Partially shielded means outdoor light
fixtures designed or constructed so that ninety
percent (90%) of the light rays
emitted by the fixture are projected below
the horizontal plane passing through
the lowest point of the shield. (Ord.
324 §1 [Exhibit A], 1993).
22.12.030(p)
String Lighting. String lighting means any type of
lighting that utilizes more than
one (1) lamp or bulb which are connected by
continuous means and installed in a permanent
manner. The power of the
bulbs must not exceed 1.5 watts. The
lamps or bulbs must not be flashing
unless they are temporary Holiday Decorations.
Refer to Sections
22.12.060(d) and 22.12.070(d). (Ord. 391 §1,
1996).
22.12.040 General Installation Requirements.
22.12.040(a)
Outdoor Advertising Signs. Lighting fixtures used to
illuminate an outdoor advertising sign as
permitted under Title 17 (Sign
Regulations) shall comply with the lamp source
and shielding requirements of
Section 22.12.050 and the prohibitions of
Section 22.12.060.
22.12.040(b)
Shielding. All non-exempt outdoor light fixtures shall be
shielded as required in Section 22.12.050.
(Ord. 324 §1 [Exhibit A], 1993).
22.12.050 Lighting Standards and Submission
of Plans and Evidence of
Compliance.
The requirements for lamp source and shielding
of light emissions for outdoor
light fixtures shall be subject to the following
requirements, which shall be
sufficiently complete to enable the City to
readily determine whether
compliance with the requirements of this Chapter
will be secured.
22.12.050(a)
Commercial and Business Activities. All new
development in General Commercial (GC), Resort
Commercial (RC), and Office
Professional (OP) zone designations shall
have an exterior lighting plan
prepared by an engineer registered in the
State of California and submitted to
the Community Development Director or his/her
designee for review and
approval prior to the installation of any
luminaire.
22.12.050(a)(1)
Required Objectives of Exterior Lighting Plan.
Said plan shall achieve the following objectives:
22.12.050(a)(1)(i)
Avoid interference with reasonable use of adjoining
properties;
22.12.050(a)(1)(ii)
Minimize on-site and off-site glare;
22.12.050(a)(1)(iii)
Provide adequate on-site operational and security
lighting;
22.12.050(a)(1)(iv)
Limit luminaires' height to avoid excessive
illumination; and
22.12.050(a)(1)(v)
Provide structures which are compatible with the total
design of the proposed facility.
22.12.050(a)(2)
Required Elements of Exterior Lighting Plan. The
plan shall include the following elements:
22.12.050(a)(2)(i)
A photometric display indicating the point by point
candle layout to extend ten feet (10') beyond
all property lines.
22.12.050(a)(2)(ii)
Maximum overall height of any luminaire shall not be
more than fourteen feet (14') in or adjacent
to residential areas and not more
than twenty feet (20') in non-residential
areas.
22.12.050(a)(2)(iii)
Luminaire shall possess sharp cut-off qualities at
property lines.
22.12.050(a)(2)(iv)
There shall be no more than a seven to one (7:1) ratio
of level of illumination shown (maximum to
minimum ratio between any two
points).
22.12.050(a)(2)(v)
There shall be no mercury vapor or halide lighting
fixtures.
22.12.050(a)(2)(vi)
There shall be a minimum of one (1) foot candle
illumination.
22.12.050(a)(2)(vii)
Operation of any lighting other than security
lighting beyond normal business
hours is prohibited.
22.12.050(b)
Residential Units. All new development located in a
residential zone designation shall submit
a lighting plan to the
Architectural and Landscaping Committee (ALC)
for review and approval. The
application for required ALC approval involving
non-exempt outdoor light
fixtures shall include evidence that the proposed
work will comply with this
Chapter.
22.12.050(b)(1)
Required Information for Lighting Plan. The
submission shall contain, but not be limited
to, the following:
22.12.050(b)(1)(i)
The location of the site where the outdoor light
fixtures will be installed;
22.12.050(b)(1)(ii)
Plans indicating the location and type of fixtures on
the premises;
22.12.050(b)(1)(iii)
A description of the outdoor light fixtures, including,
but not limited to, manufacturer's catalog
cuts and drawings, height from pad
grade, method of full or partial shielding,
etc.; and
22.12.050(b)(1)(iv)
No lighting for tennis courts owned by
individuals for their own use is permitted.
22.12.050(b)(1)(v)
For residential units, string lighting may be
installed as long as the permanent manner
of installation is an integral part of
the overall design and approved by the Citys
Architectural and Landscape
Committee (ALC). The lamps or bulbs
must not be flashing unless they are
temporary Holiday Decorations. Refer to
Sections 22.12.060(d) and
22.12.070(d). (Ord. 391 §1, 1996).
22.12.050(b)(2)
Requirement for Completion. The above required plans
and descriptions shall be sufficiently complete
to enable the City to readily
determine whether compliance with the requirements
of this Chapter will be
secured.
22.12.050(c)
Additional Standards. When lighting is "Allowed" by
this Chapter, it must be fully shielded where
feasible and partially shielded in
all other cases. All outside lighting
shall be so arranged and shielded as to
prevent any glare or reflection and any nuisance
or hazardous interference of
any kind on adjoining streets or property.
22.12.060 Prohibitions.
The following are strictly prohibited:
22.12.060(a)
Mercury Vapor Lights. The installation of any mercury
vapor light(s) is strictly prohibited.
22.12.060(b)
Halide Lights. The installation of any halide light(s) is
strictly prohibited.
22.12.060(c)
Searchlights for Advertising Purposes. Operation of
searchlights for advertising purposes is strictly
prohibited. (Ord. 324 §1
[Exhibit A], 1993).
22.12.060(d)
Flashing Lights. For string lighting installations, as
outlines under Section 22.12.050(b)(1)(v),
the lamps or bulbs, as defined in
Section 22.12.030(p), must not be flashing
unless they are temporary Holiday
Decorations as outlined in 22.12.070(d).
(Ord. 391 §1, 1996).
22.12.070 Permanent Exceptions.
22.12.070(a)
Non-conformance. All outdoor light fixtures existing and
legally installed prior to the effective date
of this Chapter are exempt from the
requirements of this Chapter, except when
existing luminaries are reconstructed
or replaced, such reconstruction or replacement
shall be in compliance with
this Chapter.
22.12.070(b)
Public Lighting. All outdoor lighting originating
from public areas and ways including but not
limited to public parks,
rights-of-way, public art, outdoor recreational
or other public facilities are
exempt from the requirements of this Chapter.
22.12.070(c)
Fossil Fuel Light. All outdoor light fixtures producing
light directly by combustion of fossil fuels
(such as kerosene lanterns and gas
lamps) are exempt from the requirements of
this Chapter.
22.12.070(d)
Holiday Decorations. Lights used for holiday decorations
are exempt from the requirements of this Chapter
as long as they are not
installed more than thirty (30) days before
the holiday and are removed within
thirty (30) days after the holiday.
(Ord. 324 §1 [Exhibit A], 1993).
22.12.080 Temporary Exemptions.
22.12.080(a)
Information Required in Written Request. Any individual
may submit a written request to the Director
of Community Development for a
temporary exemption from the requirements
of this Chapter by filing for a
Temporary Use Permit (TUP). The filing
fee for the TUP shall be dependent on
whether a public hearing is required for the
Temporary Use Permit as
determined by the Community Development Director.
The request for
temporary exemption shall contain the following
information:
22.12.080(a)(i)
Name, address and telephone number of the applicant;
22.12.080(a)(ii)
Location of the outdoor light fixtures for which the
exemption is requested;
22.12.080(a)(iii)
Specific exemption(s) requested;
22.12.080(a)(iv)
Use of the outdoor light fixtures involved;
22.12.080(a)(v)
Duration of the requested exemption(s);
22.12.080(a)(vi)
Type of outdoor light fixture to be used, including total
lumen output, character of the shielding,
if any;
22.12.080(a)(vii)
Previous temporary exemptions, if any; and
22.12.080(a)(viii)
Such other data and information as may be required by
the Director of Community Development.
22.12.080(b)
Response to Request. The Director of Community
Development shall have fifteen (15) business
days from the date of receipt of
the request for temporary exemption to approve
or disapprove the request.
The applicant will be notified of the decision
in writing.
22.12.080(c)
Duration of Approval. The exemption shall be valid for not
more than thirty (30) consecutive days from
the date of issuance of approval.
Exemptions are renewable for a period of not
more than fifteen (15) consecutive
days. Requests for renewal of a temporary
exemption shall be processed in the
same manner as the original request.
Except as otherwise provided in this
Chapter, no outdoor light fixtures shall be
exempted from this Chapter for more
than forty-five (45) days during any twelve
(12) month period.
22.12.080(d)
Appeals. An applicant or any interested person may file an
appeal from the decision of the Community
Development Director within ten
(10) days of the date of mailing of the notice
of decision to the applicant. The
appellant may appeal that decision, in writing,
to the City Council, on forms
provided by the Community Development Department,
which shall be
accompanied by a filing fee set by the City
Council. Upon receipt of a
completed appeal, the City Clerk shall set
the matter for hearing before the City
Council not less than five (5) days nor more
than thirty (30) days thereafter and
shall give written notice of the hearing to
the appellant and the Director of
Community Development. The City Council
shall render its decision within
thirty (30) days following the close of the
hearing on the appeal. (Ord. 324 §1
[Exhibit A], 1993).
22.12.090 Emergency Exemptions.
This Chapter shall not apply to portable temporary
lighting used by law
enforcement or emergency services personnel
to protect life or property. (Ord.
324 §1 [Exhibit A], 1993).
22.12.100 Conflicts.
Where any provision of the statutes, codes
or laws of the United States of
America or the State of California conflicts
with any provision of this Chapter,
the most restrictive shall apply unless otherwise
required by law. (Ord. 324 §1
[Exhibit A], 1993).
22.12.110 Violations and Penalties.
It shall be unlawful for any individual to
operate, erect, construct, enlarge, alter,
replace, move, improve, or convert any lighting
structure, or cause the
same to be done, contrary to or in violation
of any provision of this Chapter.
Any individual violating any provision of
this Chapter shall be deemed guilty
of an infraction or misdemeanor as hereinafter
specified. Such individual shall
be deemed guilty of a separate offense for
each and every day or portion
thereof during which any violation of any
of the provisions of this Chapter is
committed, continued, or permitted.
Any individual convicted of a violation of
this Chapter shall be (1) guilty of an
infraction offense and punished by a fine
not exceeding one hundred dollars
($100) for a first violation; (2) guilty of
an infraction offense and punished by a
fine not exceeding two hundred fifty dollars
($250) for a second violation on
the same site and perpetrated by the same
individual. The third and any
additional violations on the same site and
perpetrated by the same individual
shall constitute a misdemeanor offense and
shall be punishable by a fine not
exceeding one thousand dollars ($1,000) or
six (6) months in jail, or both.
Payment of any penalty herein shall not relieve
any individual from the
responsibility for correcting the violation.
(Ord. 324 §1 [Exhibit A], 1993).
22.12.120 Violations Constitute Public Nuisance.
Any lighting structure erected, constructed,
enlarged, altered, replaced,
moved, improved, or converted contrary to
the provisions of this Chapter shall
be, and the same is hereby declared to be,
unlawful and a public nuisance and
subject to abatement in the manner provided
by law. Any failure, refusal or
neglect to obtain a permit as required by
this Chapter shall be prima facie
evidence of the fact that a public nuisance
has been committed in connection
with the erection, construction, enlargement,
alteration, replacement,
improvement, or conversion of a lighting structure
erected, constructed,
enlarged, altered, repaired, moved, improved,
or converted contrary to the
provisions of this Chapter. (Ord. 324
§1 [Exhibit A], 1993).
22.12.130 Severability.
If any section, subsection or clause of this
Chapter shall be deemed to be
unconstitutional or otherwise invalid, the
validity with the remaining sections,
subsections and clauses shall not be effected
thereby. (Ord. 324 §1 [Exhibit
A], 1993).
ORDINANCE HISTORY
SECTIONS:
22.04 Hillside Managemen
Ord. 335 §1 (Exhibit A), 1994
Ord. 356 §1, 1995
22.12 Lighting Standard
Ord. 324 §1 (Exhibit A), 1993
Ord. 391 §1, 1996