Chapter 24.16 OUTDOOR LIGHTING REQUIREMENTS
24.16.010 Purpose and intent.
24.16.020 Conformance with applicable ordinances.
24.16.030 Materials and methods of installation.
24.16.040 Definitions.
24.16.050 Requirements.
24.16.051 Class I lighting (accurate color rendition required).
24.16.052 Class II lighting (walkways and security).
24.16.053 Class III lighting (decorative).
24.16.054 Class IV lighting (street lighting).
24.16.055 Class V lighting (off-street parking).
24.16.060 Light trespass.
24.16.070 Time of operation.
24.16.080 Submission of plans and evidence of compliance.
24.16.090 Installation.
24.16.100 Prohibitions.
24.16.110 Permanent exemptions.
24.16.120 Temporary exemptions.
24.16.130 Emergency exemptions.
24.16.140 Conflicts.
24.16.150 Violations and penalties.
24.16.160 Violations constitute public nuisance.
24.16.010 Purpose and intent.
The intent of this chapter is to:
A. Minimize light pollution and
light trespass for the enjoyment and use of
property and the night environment
by the citizens of the city of Palm Desert;
B. Provide a consistent, citywide document for all outdoor lighting;
C. Encourage the use of proper
types, kinds, construction, installation and
uses of outdoor light fixtures,
lighting practices and systems that will reduce
light pollution and light trespass;
D. Flag Lighting. Lights used for
illumination of flags as required by law are
exempt from this chapter.
E. Special Circumstances. Course
of action for approval shall be determined
by the city council on a case-by-case
basis. (Ord. 826 § 1 (part), 1997)
24.16.020 Conformance with applicable ordinances.
All artificial outdoor light fixtures
installed after the effective date of this chapter
shall be installed in conformance
with the provisions of this chapter and the
applicable provisions of the ordinances
of the city of Palm Desert regulating
the installation of such fixtures.
(Ord. 826 § 1 (part), 1997)
24.16.030 Materials and methods of installation.
This chapter intended to encourage
the use of quality materials, methods and
designs. It is not intended to
prevent the use of any design, material or method
of installation not specifically
forbidden; provided, any such alternate has been
approved. The director of community
development or the city engineer may
approve any such proposed alternate
if it:
A. Provides at least approximate
equivalence to the applicable specific
requirements of this chapter;
and
B. Is otherwise satisfactory and
complies with intent of this chapter. (Ord. 826
§ 1 (part), 1997)
24.16.040 Definitions.
As used in this chapter, the following terms are defined in this section:
"Approved outdoor lighting fixture"
means lighting fixtures or luminaries
approved by the city as conforming
to this code.
"Advertising display" means advertising
structures and signs used for outdoor
advertising purposes, not including
on-premises advertising signs.
"City engineer" means the city
engineer of the city of Palm Desert or a
representative(s) designated by
the city engineer of the city of Palm Desert.
"Class I lighting" means all outdoor
lighting used for, but not limited to, outdoor
retail or restaurant areas, automotive
dealers (display areas only), assembly or
repair areas, outdoor advertising
displays and other signs, recreational
facilities and similar applications
where the use of the space or area requires
colors to be rendered as accurately
as possible.
"Class II lighting" means all outdoor
lighting used for, but not limited to,
illumination for walkways, equipment
yards and outdoor security.
"Class III lighting" means lighting
used for decorative effects. Examples of
class III lighting include, but
are not limited to, the illumination of trees,
fountains, statues and building
walls.
"Class IV lighting" means lighting for all streets or highways.
"Class V lighting" means lighting
for off-street parking in public, private,
municipal or restricted parking
areas.
"Director of community development"
means the director of community
development for the city of Palm
Desert or a representative(s) designated by
the director of commu nity development
of the city of Palm Desert.
"Developed area" means any area
of the city with existing improved property.
This generally refers to any area
not covered by the definition for "new
development areas."
"Full-cutoff" means outdoor light
fixtures shielded or constructed so that all of
the light rays emitted by the
fixture are projected below a horizontal plane
passing through the lowest point
on the fixture from which light is emitted.
Drop or sag lens type fixtures
shall not be allowed. Add-on shields shall not be
allowed for compliance with this
chapter.
1. Note: Technical Definition:
"A luminaire light distribution is designated as
full- cutoff when the candlepower
per 1000 lamp lumens does not numerically
exceed 0 (0%) at a vertical angle
of 90 degrees or greater above nadir and 100
(10%) at a vertical angle of 80
degrees above nadir. This applies to any lateral
angle around the luminaire." This
definition does not supersede the above
restriction on drop or sag lens
type luminaries.
"Height" means the distance from
finished grade to the top most portion of any
light emitting source, i.e.; lamp,
surface or lens.
"IESNA" means Illuminating Engineering
Society of North America, New York,
NY.
"Individual" means any private
individual, tenant, lessee, owner or any
commercial entity including, but
not limited to, companies, partnerships, joint
ventures or corpo rations.
"Installed" means any legal installation
of outdoor light fixtures after the
effective date of this chapter.
"Light pollution" means any artificial
light that is emitted into the atmosphere
either directly or indirectly
by reflection that impacts astronomical research
and enjoyment of the night sky
by reflection off of dust, water vapor and other
atmospheric pollutants in the
sky.
"Light trespass" means any artificial
light that causes unwanted light on
adjacent properties or undesirable
or nuisance glare in the normal field of view.
"Lumen" means a unit of light emitted
from a lamp or lamps. Where used in
this chapter, lumen shall mean
the "initial" manufacturer published amount
emitted from the lamp or lamps.
"Luminaire" means a complete lighting
unit consisting of a lamp or lamps,
together with the parts designed
to distribute the light, to position and protect
the lamps and to connect the lamps
to the power supply.
"Municipal" means an area, street
or facility which is owned or managed by
the city of Palm Desert or is
associated with a city of Palm Desert facility
such as parks, recreation facilities
or a city-owned or managed building such
as City Hall.
"New development area" means any
development in previously unimproved
areas. This includes new developments
generally recognized as planned
housing, industrial or commercial
developments.
"Outdoor light fixture" means an
outdoor, artificial, illuminating device, 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
buildings and structures; recreational
facilities; parking lots; landscape
lighting; outdoor advertising
displays and other signs for advertising or other
uses; street lighting; walkway
lighting; product display area lighting and
building overhangs and open canopies.
"Parking area" means an area, other
than a street, designed or used primarily
for parking of vehicles.
"Pedestrian scale" means a luminaire
mounted at no more than fourteen feet,
zero inches to the top in a residential
area and at no more that eighteen feet,
zero inches to the top in a nonresidential
area.
"Private" means an area, street
or facility that is not open to the general
public.
"Public" means an area, street
or facility, other than a private or municipal
area, street or facility that
is available for general public use, either free or for
remuneration.
"Recreational facilities" means
public, municipal or private facilities designed
and equipped for the conduct of
sports, leisure time activities, and other
customary and usual recreational
activities. Outdoor recreational facilities
include, but are not limited to,
fields or stadiums for softball, baseball, football,
soccer, golf courses, driving
ranges and other "field sports," and courts for
tennis, basketball, volleyball,
handball and other "court sports."
"Restricted parking" means an area
used for parking vehicles on a
semi-permanent basis and not available
to the general public for hourly or
day-to-day parking.
"Semi-cutoff" means outdoor light
fixtures designed or constructed so that
ninety-five percent (95%) of the
light rays emitted by the fixture are projected
below the horizontal plane passing
through the photometric center of the
fixture from which the light is
emitted.
1. Note: Technical Definition from
IESNA. "A luminaire light distribution is
designated as semi-cutoff when
the candlepower per 1000 lamp lumens does
not numerically exceed 50 (5%)
at an angle of 90 degrees above nadir
(horizontal), and 200 (20%) at
a vertical angle of 80 degrees above nadir. This
applies to any lateral angle around
the luminaire."
"Toe of slope" means the point
above which the average slope can be shown
to exceed ten percent. Refer to
"Hillside Planned Residential District," Chapter
25.15 in the Palm Desert Zoning
Ordinance, for the method of calculating the
average slope.
"Wall pack" means a building-mounted
luminaire installed for the purpose of
lighting the adjacent ground areas,
walkways, streets and/or parking lots.
Refer to Chapter 25.04, Definitions,
or specific Title 25 zoning chapters for
definitions of the following terms:
alley, commercial; density, medium or high;
hillside areas; industrial; lot
line (property line); office; public way; residential;
restaurant; retail; street or
highway; wholesale. (Ord. 826 § 1 (part), 1997)
24.16.050 Requirements.
The requirements for luminaries,
source type, shielding, design parameters,
etc., shall be as described in
the following Sections 24.16.051 through and
including 24.16.055. (Ord. 826
§ 1 (part), 1997)
24.16.051 Class I lighting (accurate color rendition required).
A. All luminaries with total lamp
lumens above 4050 shall be full-cutoff type
except for the following uses:
1. Outdoor advertising displays or signage;
2. Public or Municipal Outdoor
Recreational Facilities. All lighting for Field
Sports shall conform to the requirements
of Section 24.16.060(B)(4)(Light
Trespass: Outdoor Recreational
Facilities for Field Sports) regarding
requirements for glare control,
luminaries construction and maximum aiming
angles. Court sports shall use
full-cutoff optics.
B. All projects shall be submitted
with fully engineered drawings showing
anticipated light spill to adjacent
areas. Refer to Section 24.16.080
(Submission of plans and evidence
of compliance) for signature and other
submittal requirements.
C. All projects shall document
source type which shall be subject to approval
by the director of community development.
D. All luminaries with total lamp
lumens of 4050 or less may be non-cutoff with
any source type. A maximum of
12,200 total lamp lumens of non-cutoff light
sources shall be allowed per acre
or fraction thereof if parcel is less than one
acre.
E. All class I lighting shall comply with Section 24.16.060 (Light trespass).
F. Refer to Section 24.16.070 (Time
of operation) for specific time of operation
requirements.
G. All class I lighting shall be
mounted at a maximum of twenty feet, zero
inches in height above ground
to the luminaire in residential areas and a
maximum of thirty feet, zero inches
in height above ground to the luminaire in
all other areas except that pole
heights may exceed thirty feet, zero inches for
field sports. All pole heights
above thirty feet shall be carefully detailed and
justified with the plan submission.
(Ord. 826 § 1 (part), 1997)
24.16.052 Class II lighting (walkways and security).
A. All luminaries with total lamp
lumens above 6500 shall be full-cutoff, high
pressure sodium (HPS) or low pressure
sodium (LPS).
1. Exception. In residential areas
only, a maximum of 8,100 total lamp lumens
of non-cutoff light sources shall
be allowed per acre or fraction thereof if parcel
is less than one acre. However,
no individual luminaire shall exceed 6,500 total
lamp lumens.
2. Note. The usage of LPS is only
allowed in industrial locations that do not
border residential properties
or in areas that cannot be seen from the street.
B. All luminaries used primarily
for walkway lighting shall be mounted no
higher than fifteen feet, zero
inches.
C. All luminaries with total lamp
lumens of 6500 or less may be semi-cutoff
with any source type. However,
all luminaries that are not full-cutoff shall use
glare control optics such as refractors
or louvers to redirect the light downward
and meet the semi-cutoff requirements.
D. All class II lighting shall
comply with Section 24.16.060 (Light trespass).
(Ord. 826 § 1 (part), 1997)
24.16.053 Class III lighting (decorative).
A. All class III lighting must
be selected, installed and aimed so that there is a
minimum amount of spill beyond
the area intended to be lighted.
B. All luminaries with total lamp
lumens above 4050 shall not be allowed
except for luminous tube lighting
such as neon, cold cathode and fiber optic
cable.
C. All luminaries with total lamp
lumens of 4050 or less may be of any source
type. A maximum of 16,200 total
lamp lumens of non-cutoff light sources shall
be allowed per acre or fraction
thereof if parcel is less than one acre.
D. All class III lighting shall
comply with Section 24.16.060 (Light trespass).
(Ord. 826 § 1 (part), 1997)
24.16.054 Class IV lighting (street lighting).
A. Purpose. The city does not
encourage the use of street lighting. However,
the purpose of this section is
to establish a set of guidelines with which to
regulate the installation, operation
and maintenance of overhead street lighting
in the city. The city seeks to
make provisions for street lighting that will be
beneficial to city residents,
and to provide for this lighting in an orderly,
efficient and equitable manner.
This section serves to establish a uniform
standard for location of lights
and illumination levels within the city, and
clarifies responsibilities for
payment of the various costs involved.
B. General Requirements. All street
lighting installed in or for the benefit of a
public way shall conform to the
following:
1. All lighting standards, fixtures
and lamps shall be established in
accordance with specifications
determined by the city engineer.
2. All lighting standards will
be installed and maintained by the Southern
California Edison Company (SCE)
per SCE Schedule LS-1, unless otherwise
approved by the city engineer.
3. Street lighting in new subdivisions
where lots are sold for individual home
construction shall be covered
by the requirements for street lighting in
"developed areas" unless the subdivision
is to be served by a homeowner's
association, in which case the
requirements for "new developed areas" shall
be used.
C. Luminaire and Lamp Requirements.
1. All street lighting in single-family
residential districts shall use 5,800 lumen
(seventy watt), high pressure
sodium vapor (HPS) lamps in full-cutoff
luminaries, unless otherwise approved
by the city engineer. Semi-cutoff,
decorative style luminaries of
4050 total lamp lumens or less are allowed
where pedestrian scale street
lighting is desired.
2. All street lighting in multi-family
residential districts shall be the same as for
single- family where the luminaire
total lamp lumens exceeds 4050.
Semi-cutoff, decorative- style
luminaries of 4050 total lamp lumens or less are
allowed where pedestrian scale
street lighting is desired.
3. All street lighting in all nonresidential
districts will use high pressure sodium
vapor (HPS) lamps with a lamp
rating of 9,500 lumens (one hundred watt) or
greater in a full- cutoff luminaire
as determined by the city engineer.
4. Exception. In commercial districts,
semi-cutoff, decorative-style luminaries
of 4050 total lamp lumens or less
are allowed where pedestrian scale street
lighting is desired.
D. Specific Warrants for Lighting Locations.
1. New Development Areas. The following
criteria shall be used to evaluate
requests for street lighting:
a. Intersections in residential districts;
b. Mid-block on residential street greater than eight hundred feet in length;
c. At the ends of cul-de-sacs greater than three hundred feet in length;
d. All intersections in commercial and industrial districts;
e. Bus stops;
f. Other locations and/or spacing
of lighting as determined by the city
engineer.
2. Developed areas. Street lighting
will be warranted in developed areas as
follows:
a. All locations as specified under "new development areas" above;
b. Locations other than intersections
where the lighting will provide an aid to
traffic or public safety, as determined
by the city engineer.
E. Requests for Lighting.
1. New Development Areas. All street
lighting requests will be considered and
approved when public improvement
plans are submitted to the city engineer.
2. Developed Areas. Requests for
additional street lighting shall be made by
written petition from a majority
of the residents or property owners in the
affected area.
F. Payments for Lighting.
1. New Development Areas. Payments
for lighting in new development areas
shall be as follows:
a. Installation costs including,
but not limited to, circuits, service connections
and lighting standards will be
paid for by the developer;
b. Energy and maintenance costs
for operation of the street lights will be paid
for by property owners, either
through the development's homeowners
association or the formation of
a lighting assessment district.
2. Developed Areas. Payments for
lighting in developed areas shall be as
follows:
a. Bus Stops and Traffic Safety
Lighting. All installation, energy and
maintenance costs shall be paid
by the city.
b. Areas Served by Homeowner's
Associations. All installation, energy and
maintenance costs shall be paid
by the association.
c. Installations as a Result of
a Petition by Residents or Property Owners.
Installation costs shall be paid
by the petitioner. These costs include, but are
not limited to, circuits, service
connections and light standards. Energy and
maintenance costs shall be paid
by the city. If more than a one light
installation is requested, the
city reserves the right to require the formation of a
lighting assessment district for
the energy and the maintenance of the lights.
The district must be formed before
the installation will take place. (Ord. 826 §
1 (part), 1997)
24.16.055 Class V lighting (off-street parking).
A. General Requirements.
1. When lighting is provided in
parking areas, this section shall apply. Lighting
is not required in parking areas.
2. Only high pressure sodium (HPS)
or low pressure sodium (LPS) sources
shall be used for parking areas.
The usage of LPS is only allowed in industrial
locations that do not border residential
properties, or in areas that cannot be
seen from the street.
a. Exception. Metal Halide or other
high color rendering sources may be
allowed for class I areas where
the actual Class I usage occurs in the parking
area; i.e.: outdoor retail such
as a car dealership. Refer to Section 24.16.151
(class I lighting).
b. Note. High color rendering sources
shall not be used for parking areas
adjacent to class I usage areas,
i.e., recreational facilities, etc.
3. Pole mounted luminaries shall
use full-cutoff type optics and shall be a
maximum of twenty feet, zero inches
in height above ground to the luminaire in
residential areas and a maximum
of thirty feet, zero inches in height above
ground to the luminaire in all
other areas except within one hundred feet of a
residential area where the height
shall be a maximum of twenty feet, zero
inches.
a. Exception. Semi-cutoff, decorative-style
luminaries of 4050 total lamp
lumens or less are allowed in
commercial districts where pedestrian scale
parking lot lighting is desired.
4. All wall packs shall be full-cutoff
type and shall conform to the requirements
in Section 24.16.060 (Light trespass).
5. All full-cutoff type luminaries
shall be mounted horizontal, i.e., no tilt shall
be allowed.
6. All parking lot projects shall
be submitted with an engineered lighting plan
showing point-by-point lighting
levels for the entire lot to fifty feet, zero inches
beyond the property lines with
a maximum of a twenty-foot-by-twenty-foot
spacing of calculation points.
Points outside of the actual parking area shall
not be used in determining the
average level in the parking area. The
calculation areas must be delineated
or two plans provided, one for the actual
parking area, and a second for
the total project to fifty feet beyond the property
lines, as described above.
a. Note. Refer to Section 24.16.080
(Submission of plans and evidence of
compliance) for signature and
other submittal requirements.
B. Design Requirements.
1. All parking facilities shall
be designed to the recommended practices of the
IESNA.
2. The lighting system shall be
so designed to produce an average maintained
light level on the entire parking
facility's horizontal surface in a range from one
footcandle (lfc.) to three footcandles
(3fc.). The average-to-minimum uniformity
ratio shall not exceed four to
one (4:1).
3. The illumination levels at exits,
entrances, loading zones, and collector
lanes shall be approximately twice
the average illumination of the adjacent
parking area or the adjoining
street, whichever is greater.
4. Refer to Section 24.16.060 (Light
trespass) for requirements on shielding
toward adjacent properties, glare
and adjacent hillside areas.
C. Astronomical Research and Observation.
1. Where allowed, low pressure
sodium (LPS) lighting may be used for parking
lot lighting. Its unique monochromatic
spectrum provides the least amount of
interference with astronomy.
2. Where low pressure sodium (LPS)
lighting is not used, the lighting system
shall be so designed to reduce
the levels to one-half of normal levels in a
uniform pattern or switch to a
LPS system for security purposes after eleven
p.m., or when the use of the parking
area ceases.
a. Note. Although the reduction
should be done as uniformly as possible, it is
understood that the uniformity
requirement of Section 24.16.055(B)(2) may not
be achieved at the reduced level.
(Ord. 826 § 1 (part), 1997)
24.16.060 Light trespass.
Requirements for luminaire heights,
shielding, placement and aiming to
minimize light trespass and glare
emitted by a lighting system shall be as
follows:
A. Light on adjacent residential
or unlighted properties shall be minimized by
complying with the following:
1. Provide material, methods, and
designs so that no more than 0.25
footcandle is measured on a vertical
plane located at five feet, zero inches
inside of the adjacent property
and at six feet, six inches above the ground.
a. Notes. i. Berms to block reflected
light from the ground and/or landscape
screening may need to be provided
to meet these requirements.
ii. Private tennis courts may have
to be lowered in relation to adjacent
properties.
2. Wall packs shall not be mounted
higher above the ground than their
distance to the lot (property)
line unless they are mounted so as to direct the
light away from the adjacent property,
i.e., on a wall on the property line, but
directed inward. See Section 24.16.060(B)(2)
and (B)(3) for maximum height
and construction of luminaries.
3. Where the adjacent property
is residential, all lighting shall be arranged so
as to direct the light away from
the adjacent property.
4. Final determination as to compliance
with this section shall be based on
the application submission as
described in Section 24.16.080 (Submission of
plans and evidence of compliance).
B. Direct or nuisance glare shall
be minimized by compliance with the
following luminaire construction
and mounting height requirements:
1. All wall packs shall be full-cutoff
type. Other wall pack type luminaries on
the property may be semi-cutoff
if they are mounted so as to direct the light
away from the adjacent property,
or if the adjacent property is commercial.
Adjustable type wall packs shall
not be set above horizontal unless shielded
to provide full-cutoff.
2. All wall packs shall have optics
designed to direct the light away from the
wall and shall incorporate internal
house (wall) side shields, baffles or
reflectors to minimize wall brightness.
3. All building-mounted luminaries
shall be a maximum of fifteen feet, zero
inches in height above ground
to the luminaire in residential areas, and a
maximum of twenty feet, zero inches
in height above ground to the luminaire in
all other areas.
4. Outdoor Recreational Facilities for Field Sports.
a. The lighting system shall be
designed with top shields and "glare control"
optic systems to minimize the
impact on sky glow and glare to adjacent
properties.
b. Provide shielding such that
the cutoff angle (vertical) to the arc tube above
the beam center line (axis) shall
be no more than twenty-five degrees, i.e., the
arc tube cannot be directly seen
above twenty-five degrees from the luminaire
aiming axis.
c. The maximum vertical aiming
angle above straight down (nadir) shall be
sixty-five degrees (twenty-five
degrees below horizontal).
5. Where the adjacent property
is residential and the luminaire is a decorative
style, the lot line side of the
luminaire is to be blocked out to eliminate spill
and glare.
C. Hillside Areas. The illumination
of hillside areas shall be minimized by
compliance with the following:
1. The requirements for luminaire
size and aiming for areas within a hillside
area are as follows:
a. Luminaries with total lamp lumens above 4050 lumens shall not be used.
b. Luminaries shall be full-cutoff.
i. Exception: A maximum of 8,100
lumens of non-cutoff light sources shall be
allowed per acre or fraction thereof
if parcel is less than one acre.
2. The requirements for luminaire
construction and aiming for areas adjacent to
hillside areas, within two hundred
(200) feet below the toe of slope, for
luminaries emitting light in the
direction toward the hillside, and the hillside in
a direct line of sight from the
luminaire, are as follows:
a. Luminaries with total lamp lumens
above 4050 lumens shall be a full-cutoff
type.
b. Luminaries with total lamp lumens
below 4050 lumens shall not be aimed
above a horizontal plane passing
through the photometric center of the
luminaire. (Ord. 826 § 1
(part), 1997)
24.16.070 Time of operation.
A. All class I lighting shall be
off between eleven p.m. and sunrise, except as
follows:
1. On-premises advertising signs may be illuminated all night;
2. Outdoor retail, commercial,
assembly, repair and industrial areas may be
lighted when such areas are actually
in use;
3. Outdoor recreational facilities
may remain lighted past ten p.m. to complete
recreational activities that are
in progress and under illumination at ten p.m.
and still be in conformance with
this chapter, i.e., activities in progress may
complete after ten p.m., but they
cannot start under illumination after ten p.m.,
However, in no case shall the
illumination stay on past ten-thirty p.m.;
4. Lighting for golf driving ranges shall be off between ten p.m. and sunrise.
B. All class II and IV lighting may remain on all night.
C. All class III lighting shall
be off between eleven p.m. and sunrise except for
retail, restaurants and businesses
during normal business hours. All class III
lighting shall be shut off at
the end of normal business hours when hours
extend past eleven p.m.
D. All class V lighting may remain
on all night except that reduced levels are
required after eleven p.m., or
when the use of the parking area ceases. Refer
to Section 24.16.050(C)(2) for
reduction requirements. (Ord. 826 § 1 (part),
1997)
24.16.080 Submission of plans and evidence of compliance.
A. The application for any required
city approval involving nonexempt outdoor
light fixtures shall include evidence
that the proposed work will comply with
this chapter. The submission shall
contain, but not be limited to, four complete
sets of the following:
1. The location of the site where the outdoor light fixtures will be installed;
2. Plans showing the location and
type of all fixtures, both existing and
proposed, on the premises, including
point-by-point lighting level printouts with
calculation areas delineated where
required;
3. A description of the outdoor
light fixtures including, but not limited to,
manufacturer's catalog cuts, photometric
report with candela distribution,
drawings, and shielding information;
4. Justification for light loss factors (LLF) less than eighty percent.
B. The aboverequired 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.
If such plans and descriptions cannot enable
this ready determination by reason
of the nature or configuration of the
devices, fixtures or lamps proposed,
the applicant shall submit further
evidence of compliance enabling
such determination.
C. Submittal and drawings shall
be signed by a licensed professional engineer
or by the licensed electrical
contractor that is performing the work. This
engineer or contractor shall be
held responsible for the content and accuracy
of the submitted design. Submittal
must contain the name of the company
that prepared the drawings and
the name, title and telephone number of the
person that performed the design
work.
D. All projects resubmitted for
approval shall include a written description of all
changes and comments keyed and
attached to the plan check comments.
(Ord. 826 § 1 (part), 1997)
24.16.090 Installation.
The owner or contractor of record
shall install the approved outdoor lighting
fixtures in conformance to the
listing, manufacturer's installation
specifications, and all applicable
local and state electrical codes. An electrical
permit and inspection by the Palm
Desert Department of Building and Safety
is required as specified elsewhere
in this code. (Ord. 826 § 1 (part), 1997)
24.16.100 Prohibitions.
A. Mercury Vapor Luminaries. The
installation of any mercury vapor luminaire
for use as outdoor lighting is
prohibited.
B. Operation of search lights for
advertising purposes is prohibited. (Ord. 826 §
1 (part), 1997)
24.16.110 Permanent exemptions.
A. Nonconformance. 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 that when
existing luminaries are reconstructed or
replaced, such reconstruction
or replacement shall be in compliance with this
chapter.
B. 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.
C. Holiday Decorations. Lights
used for holiday decorations are exempt from
the requirements of this chapter.
D. Flag Lighting. Lights used for
illumination of flags as required by law are
exempt from this chapter.
E. Special Circumstances. Course
of action for approval shall be determined
by a quorum of the city council
on a case-by-case basis. (Ord. 826 § 1 (part),
1997)
24.16.120 Temporary exemptions.
A. General. Temporary exemptions
are required for any situation that is not
allowed by this chapter where
temporary lighting is required including, but not
limited to, parades, special civic
or public events, special business events,
grand openings of businesses,
etc.
B. Information Required. Any individual
may submit a written request to the
director of community development
for a temporary exemption from the
requirements of this chapter.
The request shall be accompanied by a filing fee,
the amount of which is set by
resolution. The "request for temporary
exemption" shall contain the following
informa tion:
1. Name, address and telephone number of the applicant;
2. Location of the outdoor light fixtures for which the exemption is requested;
3. Specific exemption(s) requested;
4. Use of the outdoor light fixtures involved;
5. Duration of the requested exemption(s);
6. Type of outdoor light fixture(s)
to be used, including total lumen output,
mounting, aiming and character
of the shielding, if any;
7. Previous temporary exemptions, if any;
8. Justification for the exemption; and
9. Such other data and information
as may be required by the planning
director.
C. The planning director shall
have ten 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.
D. Duration of Approval: The exemption
shall be valid for not more than thirty
consecutive days from the date
of assurance of approval. Exemptions are
renewals for a period of not more
than fifteen consecutive days. Requests for
renewal of a temporary exemption
shall be processed in the same manner as
the original request. No outdoor
light fixtures shall be exempted from this
chapter for more than forty-five
days during any twelve-month period. (Ord. 826
§ 1 (part), 1997)
24.16.130 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.
826 § 1 (part), 1997)
24.16.140 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. 826 § 1
(part), 1997)
24.16.150 Violations and penalties.
A. It is 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, con trary 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.
B. Any individual convicted of
a violation of this ordinance shall be: (1) guilty of
an infraction offense and punished
by a fine as set by resolution for a first
violation; (2) guilty of an infraction
offense and punished by a fine as set by
resolution 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,
time in jail, or both as set by resolution.
Payment of any penalty herein
shall not relieve an individual from the
responsibility for correcting
the violation. (Ord. 826 § 1 (part), 1997)
24.16.160 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 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.
826 § 1 (part), 1997)