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CITY OF PALM DESERT
INTEROFFICE MEMORANDUM
DATE: FEBRUARY 27, 1997
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LISA V. CONSTANDE, ENVIRONMENTAL CONSERVATION MANAGER
RE: OUTDOOR LIGHTING REQUIREMENTS ORDINANCE
RECOMMENDATION:
By minute motion:
Waive further reading and pass to second reading.
BACKGROUND:
The following City staff worked together and are in agreement to the revision of the City's
Outdoor Lighting Requirements Ordinance:
® Patrick Conlon, Director of Building and Safety
NI Philip Drell, Director of Community Development
IN Stephen Smith, Planning Manager
IN John Wohlmuth, Assistant City Manager, Director of Administrative Services
® Thomas Bassler, Management Analyst
® Lisa Constande, Environmental Conservation Manager
The revision of said ordinance is updated by:
1. Standardizing its administration;
2. Including measurable criteria for the review process;
3. Ensuring the "reader" is able to understand and implement the City's intent when
meeting the requirements of said ordinance.
4. Incorporating comments of contractors that are ultimately responsible for implementing
the requirements of said ordinance.
Eight electrical contractors were asked by City staff to review and comment
on the revision of said ordinance. Out of the eight contractors, seven
responded with their comments on the strengths and weaknesses of said
ordinance. Each concern and criticism raised by a contractor was addressed
by staff and the City's lighting consultant, Mr. Ericson of Van Kimper
Engineering, through a constructive review process. Each of the following
contractors is in agreement with the proposed revisions of said ordinance:
❖ AZ Tech Electric Dennis Chappel Palm Desert
❖ Cove Electric Larry Bojkovsky Palm Desert
❖ Dream Engineering, Inc. Joseph Nolan Apple Valley
❖ McClellan Electric Tom Scott Palm Desert
❖ G.J. Murphy Construction Rod Murphy Palm Desert
❖ Robert Bein, William Frost Nick Nickerson Palm Desert
❖ Systems Electric John Purcell Palm Springs
The following are the major points of said ordinance's revision:
1. Redefined all public and private outdoor lighting requirements including "The Lighting
Policy" that currently is utilized by the Public Works Department:
The Public Works Department developed "The Lighting Policy " to address
private citizens that wanted street lights. The Lighting Policy explains how to
establish an assessment district and how a district/residents pays for the street
lights -- construction and electricity costs;
With the adoption of said ordinance, The Lighting Policy will no longer exist as
developed and implemented by the City Engineer. The contents of The
Lighting Policy will be incorporated into the new revision of said ordinance;
2. Removes "Low Pressure Sodium (LPS) only" requirement for parking lots. Now allows
"Full Cutoff" High Pressure Sodium (HPS) lamps and luminaries;
3. Adds sections to better control light trespass and glare. Very specific requirements for
field sports were added;
4. Includes lighting section from the "Design Standards, Off-Street Parking Facilities"
standards document;
5. Updates the "Definition" section to current standards and references;
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6. Coordinates and references the zoning ordinance:
® Mr. Phil Drell will administer the revision process of the zoning ordinance to
be in harmony with the revised lighting ordinance;
7. Designates the Director of Community Development for approval of all lighting plans:
® Lighting plans have become very technical in nature with the utilization of
computer applications to measure and determine optimum light sources and
allocations. In the future, our Community Development Department will
utilize the services of a professional lighting company/consultant to review
and recommend approval or changes on major lighting plans that are
submitted to the City;
In order to utilize the services of a consultant on all major lighting
plans, the Community Development Department requires a midyear
budget adjustment for professional services of$15,000. The annual
budget is projected to be $20,000. It will cost approximately $1,500 per
review of an average size lighting plan.
IN CONCLUSION:
After the approval process of the Outdoor Lighting Requirements Ordinance is complete, the
City's Community Development Director will be responsible for approving all lighting plans that
are submitted to the City. The Building and Safety Department will be responsible for lighting
construction inspections.
In addition, the Community Development Department is in the process of considering a
recommendation to the City Council to establish a fee structure that will cover the cost of
utilizing a lighting consultant to review major lighting plans. Establishing a fee structure is not
part of the recommendation for adopting the revised Outdoor Lighting Requirements Ordinance.
Establishing a fee structure for said ordinance will be brought to the City Council for
consideration in the future.
Respectfully submitted, Reviewed and Concur,
LISA V. CONSTANDE, MANAGER RAMON A. DIAZ
ENVIRONMENTAL CONSERVATION CITY MANAGER
CITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED OTHER
* PASS TO SECOND READING, ORD. #826
MEETING DATE 2 / 27/97
AYES:
AB. ENT:
ABSTAIN:
VERIFIED BY:
Original on File th City Clerk's Office
*WAIVE FURTHER READING AND PASS ORDINANCE NO. 826 TO SECOND READING AS AMENDED
BY THE CTTY QTT(1RM-Pv
ORDINANCE NO.: 826
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING CHAPTER 8.28 OF TITLE 8 OF THE PALM DESERT
MUNICIPAL CODE REGULATING OUTDOOR LIGHTING REQUIREMENTS
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows:
Sections: 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 (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
24.16.170 Severability
24.16.010 PURPOSE AND INTENT.
The intent of this ordinance 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, and
B. Provide a consistent, citywide document for all outdoor lighting, and
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, and
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D. Benefit astronomical research and observations, and
E. Conserve energy while increasing nighttime visibility, utility, security and productivity.
24.16.020 CONFORMANCE WITH APPLICABLE ORDINANCES.
All artificial outdoor light fixtures installed after the effective date of this ordinance shall be installed
in conformance with the provisions of this ordinance and the applicable provisions of the
ordinances of the City of Palm Desert regulating the installation of such fixtures.
24.16.030 MATERIALS AND METHODS OF INSTALLATION.
This ordinance is 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
ordinance; and
B. Is otherwise satisfactory and complies with intent of this ordinance.
24.16.040 DEFINITIONS.
A. "Approved Outdoor Lighting Fixture" means lighting fixtures or luminaires approved by the
City as conforming to this code.
B. "Advertising Display" means advertising structures and signs used for outdoor advertising
purposes, not including on-premise advertising signs.
C. "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.
D. "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.
E. "Class II Lighting" means all outdoor lighting used for, but not limited to, illumination for
walkways, equipment yards, and outdoor security.
F. "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.
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G. "Class IV Lighting" means lighting for all streets or highways.
H. "Class V Lighting" means lighting for off-street parking in public, private, municipal, or
restricted parking areas.
I. "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 Community
Development of the City of Palm Desert.
J. "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."
K. "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 section.
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 luminaires.
L. "Height" means the distance from finished grade to the top most portion of any light emitting
source, i.e.: lamp, surface or lens.
M. "IESNA": Illuminating Engineering Society of North America, New York, NY.
N. "Individual" means any private individual, tenant, lessee, owner or any commercial entity
including, but not limited to, companies, partnerships, joint ventures or corporations.
O. "Installed" means any legal installation of outdoor light fixtures after the effective date of this
ordinance.
P. "Light Pollutionc" 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.
Q. "Light Trespass" means any artificial light that causes unwanted light on adjacent properties
or undesirable or nuisance glare in the normal field of view.
R. "Lumen" means a unit of light emitted from a lamp or lamps. Where used in this ordinance, •
lumen shall mean the "Initial" manufacturer published amount emitted from the lamp or
lamps.
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S. "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.
T. "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.
U. "New Development Area" means any development in previously unimproved areas. This
includes new developments generally recognized as planned housing, industrial or
commercial developments.
V. "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.
W. "Parking Area" means an area, other than a street, designed or used primarily for parking
of vehicles.
X. "Pedestrian Scale" means a luminaire mounted at no more than 14'-0" to the top in a
residential area and at no more that 18'-0" to the top in a non-residential area.
Y. "Private" means an area, street, or facility that is not open to the general public.
Z. "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.
AA. "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."
BB. "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.
CC. "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.
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
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of 80 degrees above nadir. This applies to any lateral angle around
the luminaire."
DD. "Toe of Slope" means the point above which the average slope can be shown to exceed
ten (10%) percent. [Refer to "Hillside Planned Residential District," Chapter 25.15 in the
Palm Desert Zoning Ordinance, for the method of calculating the average slope.]
EE. "Wall Pack" means a building mounted luminaire installed for the purpose of lighting the
adjacent ground areas, walkways, streets and/or parking lots.
FF. "Alley; Commercial; Density, medium or high; Hillside Areas; Industrial; Lot Line (property
line); Office; Public Way; Residential; Restaurant; Retail; Street or Highway; Wholesale."
[Refer to the Palm Desert Zoning Ordinance, Chapter 25.04, "Definitions." or specific Title
25 zoning chapters.]
24.16.050 REQUIREMENTS.
The requirements for luminaires, source type, shielding, design parameters, etc., shall be as
described in the following sub-sections 051, 052, 053, 054 and 055.
24.16.051 CLASS I LIGHTING (Accurate Color Rendition Required )
A. All luminaires 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 Sub-Section 24.16.060.B4(Light Trespass:
Outdoor Recreational Facilities for Field Sports) regarding requirements for glare
control, luminaires 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 luminaires 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 (1) acre.
E. All Class I lighting shall comply with Section 24.16.060 (Light Trespass).
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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 20'-0" in height above ground to the
luminaire in residential areas and a maximum of 30'-0" in height above ground to the
luminaire in all other areas except that pole heights may exceed 30'-0"for Field Sports. All
pole heights above 30 feet shall be carefully detailed and justified with the plan submission.
24.16.052 CLASS II LIGHTING (Walkways and Security)
A. All luminaires with total lamp lumens above 6500 shall be full-cutoff, High Pressure Sodium
(HPS) or Low Pressure Sodium (LPS).
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 (1) acre. However, no individual luminaire
shall exceed 6,500 total lamp lumens.
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 luminaires used primarily for walkway lighting shall be mounted no higher than 15'-0".
C. All luminaires with total lamp lumens of 6500 or less may be semi-cutoff with any source
type. However, all luminaires 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).
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 luminaires 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 luminaires 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 (1) acre.
D. All Class III lighting shall comply with Section 24.16.060 (Light Trespass).
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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 (70
watt), high pressure sodium vapor (HPS) lamps in full-cutoff luminaires, unless
otherwise approved by the City Engineer. Semi-cutoff, decorative style luminaires
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 luminaires of 4050 total lamp lumens or less are allowed where
pedestrian scale street lighting is desired.
3. All street lighting in all non-residential districts will use high pressure sodium vapor
(HPS) lamps with a lamp rating of 9,500 lumens (100 watt) or greater in a full-cutoff
luminaire as determined by the City Engineer.
EXCEPTION: In Commercial Districts, semi-cutoff, decorative-style
luminaires of 4050 total lamp lumens or less are allowed
where pedestrian scale street lighting is desired.
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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:
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(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.
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.
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)]
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 luminaires shall use full-cutoff type optics and shall be a maximum
of 20'-0" in height above ground to the luminaire in residential areas and a
maximum of 30'-0" in height above ground to the luminaire in all other areas except
within 100 feet of a residential area where the height shall be a maximum of 20'-0".
EXCEPTION: Semi-cutoff, decorative-style luminaires 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).
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5. All full-cutoff type luminaires 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 50'-0" beyond the property lines with
a maximum of a 20' by 20' 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 50' beyond the property
lines, as described above.
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
(1fc.) 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 %h of normal levels in a uniform pattern or switch
to a LPS system for security purposes after 11:00 PM, or when the use of the
parking area ceases.
Note: Although the reduction should be done as uniformly as possible, it is
understood that the uniformity requirement of Section 24.16.055.6.2
may not be achieved at the reduced level.
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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 5'-0" inside of the adjacent property and
at 6'-6" above the ground.
Notes: Burms to block reflected light from the ground and/or landscape
screening may need to be provided to meet these requirements.
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 24.16.060.Be, .2, and .3 for maximum height and construction of
luminaires.]
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 luminaires 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 luminaires shall be a maximum of 15'-0" in height above
ground to the luminaire in residential areas, and a maximum of 20'-0" in height
above ground to the luminaire in all other areas.
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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 25 degrees, i.e., the arc
tube cannot be directly seen above 25 degrees from the luminaire aiming
axis.
c. The maximum vertical aiming angle above straight down (nadir) shall be 65
degrees (25 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. Luminaires with total lamp lumens above 4050 lumens shall not be used.
b. Luminaires shall be full-cutoff.
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 (1) acre.
2. The requirements for luminaire construction and aiming for areas adjacent to
Hillside Areas, within 200 feet below the toe of slope, for luminaires emitting light in
the direction toward the hillside, and the hillside in a direct line of sight from the
luminaire, are as follows:
a. Luminaires with total lamp lumens above 4050 lumens shall be a full-cutoff
type.
b. Luminaires with total lamp lumens below 4050 lumens shall not be aimed
above a horizontal plane passing through the photometric center of the
luminaire.
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24.16.070 TIME OF OPERATION.
A. All Class I lighting shall be off between 11:00 PM 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 10:00 PM to complete
recreational activities that are in progress and under illumination at 10:00 PM and
still be in conformance with this ordinance, i.e., activities in progress may complete
after 10:00 PM, but they cannot start under illumination after 10:00 PM. However,
in no case shall the illumination stay on past 10:30 PM.
4. Lighting for golf driving ranges shall be off between 10:00 PM and sunrise.
B. All Class II and IV lighting may remain on all night.
C. All Class III lighting shall be off between 11:00 PM 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 11:00 PM.
D. All Class V lighting may remain on all night except that reduced levels are required after
11:00 PM, or when the use of the parking area ceases. [Refer to Section 24.16.050.C.2
for reduction requirements.]
24.16.080 SUBMISSION OF PLANS AND EVIDENCE OF COMPLIANCE.
A. The application for any required City approval involving non-exempt outdoor light fixtures
shall include evidence that the proposed work will comply with this ordinance. The
submission shall contain, but not be limited to, four (4) 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 0.80 (80%).
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B. The above-required plans and descriptions shall be sufficiently complete to enable the City
to readily determine whether compliance with the requirements of this ordinance 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 re-submitted for approval shall include a written description of all changes and
comments keyed and attached to the plan check comments.
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.
24.16.100 PROHIBITIONS.
A. Mercury Vapor Luminaires: The installation of any mercury vapor luminaire for use as
outdoor lighting is prohibited.
B. Operation of search lights for advertising purposes is prohibited.
24.16.110 PERMANENT EXEMPTIONS.
A. Nonconformance: All outdoor light fixtures existing and legally installed prior to the effective
date of this ordinance are exempt from the requirements of this ordinance, except that
when existing luminaires are reconstructed or replaced, such reconstruction or replacement
shall be in compliance with this ordinance.
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
ordinance.
C. Holiday Decorations: Lights used for holiday decorations are exempt from the requirements
of this ordinance.
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D. Flag Lighting: Lights used for illumination of flags as required by law are exempt from this
ordinance.
E. Special Circumstances: Course of action for approval shall be determined by a quorum of
the City Council on a case-by-case basis.
24.16.120 TEMPORARY EXEMPTIONS.
A. General: Temporary exemptions are required for any situation that is not allowed by this
ordinance 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
ordinance. 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
information:
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 (10) 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 (30) consecutive
days from the date of assurance 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. No outdoor light fixtures
shall be exempted from this ordinance for more than forty-five (45) days during any twelve
(12) month period.
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E. Appeals: An applicant or any interested person may file an appeal from the decision of the
Planning Director within ten (10) days of the date of mailing or the Notice of Decision to the
applicant. The appellant may appeal that decision, in writing, to the City Council on forms
provided by the City Clerk, which shall be accompanied by a filing fee, the amount of which
is set by resolution. 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 Planning Director.
The City Council shall render its decision within thirty (30) days following the close of the
hearing on appeal.
24.16.130 EMERGENCY EXEMPTIONS.
This ordinance shall not apply to portable temporary lighting used by law enforcement or
emergency services personnel to protect life or property.
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 ordinance, the most restrictive shall apply unless
otherwise required by law.
24.16.150 VIOLATIONS AND PENALTIES.
A. 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 ordinance. Any individual violating any provision
of this ordinance 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 ordinance
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.
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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 ordinance shall be, and the same hereby 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 ordinance 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 ordinance.
24.16.170 SEVERABILITY.
If any provision of this ordinance or the application thereof to any individual or circumstance is
invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be
given effect without the invalid provision of application and, to this end, the provisions of this
ordinance are severable.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California,
this day of , 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
City of Palm Desert, California
ATTEST:
SHEILA R. GILLIGAN, City Clerk/Director of Community Affairs
City of Palm Desert, California
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