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Home My WebLink About2014-02-10 CSC Regular Meeting Agenda PacketCITY OF PALM DESERT CITIZENS' SUSTAINABILITY COMMITTEEE AGENDA MONDAY, FEBRUARY 10, 2014 — 2:00 P.M. ADMINISTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. ORAL COMMUNICATIONS Any person wishing to discuss any item not otherwise on the Agenda may address the Citizens' Sustainability Committee at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Committee. Because the Brown Act does not allow the Citizens' Sustainability Committee to take action on items not on the Agenda, members will not enter into discussion with speakers but briefly respond or instead refer the matter to staff for report and recommendation at a future Citizen's Sustainability Committee meeting. This is also the time and place for any person who wishes to comment on Agenda items. it should be noted that at Citizen's Sustainability Committee discretion, these comments may be deferred until such time on the agenda as the item is discussed. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Citizens' Sus�ainability Committee. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73-510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. IV. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITIZENS' SUSTAINABILITY COMMITTEE OR AUDIENCE REQUEST ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION V. CONSENT ITEMS HELD OVER, OF THE AGENDA. POSTED AGENDA CITIZENS' SUSTAINABILITY COMMITTEE FEBRUARY 10, 2014 A. MINUTES of the Citizens' Sustainability Committee meeting of November 6; 2013. Rec: Approve as presented. Action: V. CONSENT ITEMS HELD OVER None VI. NEW BUSINESS None VII. CONTINUED BUSINESS None VIII. OLD BUSINESS A. UPDATE ON SINGLE-USE PLASTIC BAGS (Tony Bagato, Principal Planner) Rec: Receive and file. B. PRESENTATION ON A NEW OUTDOOR LIGHTING ORDINANCE (Member Ralph Raya) Rec: By Minute Motion, direct staff to present recommendations to the City Council for consideration. Action: IX. REPORTS AND REMARKS A. Committee Members Comments 2 G:\Planning\Monica OReilly\Sustainability Committee�2014V1genda�2-10-14 a.docx POSTED AGENDA CITIZENS' SUSTAINABILITY COMMITTEE FEBRUARY 10, 2014 X. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Citizens' Sustainability Committee was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated on this 6tn day of February, 2014. Monica O'Reilly, Record' Secretary Please contact the Planning Department, 73510 Fred Waring Drive, Pa/m Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 G:\Planning\Monica OReilly\Sustainability Committee�2014Wgenda�2-10-14 a.docx CITY OF PALM DESERT CITIZENS' SUSTAINABILITY COMITTEEE PRELIMINARY MINUTES WEDNESDAY, NOVEMBER 6, 2013 — 2:00 P.M. ADMININSTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 Q CALL TO ORDER Chair Robert Leo called the meeting to order at 2:00 p.m. II. ROLL CALL Present: Member Tom Edwards Member Eric Corey Freed Member Gregory Gritters at 2:1( Member Dean Gatons Member Bruce Kassler Member David Koller Member David Mourhess Member Ralph Raya Member Susan Rosenberg Member Luke Taylor Chair Robert Leo _ Also Present: Van Tanner, Council Member Susan Marie Weber, Council Member Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Tony Bagato, Principal Planner Lisa Ream, Recycling Technician Monica O'Reilly, Recording Secretary Cassidy Quilling, Youth Committee Member III. ORAL COMMUNICATIONS None PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 IV. CONSENT CALENDAR A. MINUTES of the Citizens' Sustainability Committee meeting of August 28, 2013. Rec: Approve as presented. Upon a motion by Koller, second by Mourhess, and an 8-0-2-1 vote of the Citizens' Sustainability Committee, the Consent Calendar was approved as presented with Members Edwards and Raya ABSTAINING and Member Gritters ABSENT. V. CONSENT ITEMS HELD OVER None VI. NEW BUSINESS None VII. CONTINUED BUSINESS None VIII. OLD BUSINESS A. UPDATE ON SINGLE-USE PLASTIC BAGS (Tony Bagato, Principal Planner) Mr. Tony Bagato, Principal Planner, reported that on October 10, 2013, the Coachella Valley Association of Governments (CVAG) Energy and Environmental Committee gave a recommendation to move forward to regulate single-use plastic bags. At the October 24 City Council meeting, the City Council approved the letter for the Mayor's signature and the model ordinance to send to other Coachella Valley cites. He mentioned that the ordinance needs a little more fine tuning to read better, and that Palm Desert City staff and CVAG will work together to address concerns from other cities. Chair Leo inquired if there was any progress on the citywide education program. Mr. Bagato responded that the educational program will go before the City Council in December. Member Eric Corey Freed offered to assist with the educational program. Member David Koller asked if each city would be able to adopt their own version of the ordinance or do they have to adopt the ordinance approved by CVAG. 2 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 Mr. Bagato replied that each city could technically have their own version of the ordinance; however, it would save staff time if CVAG does the ordinance. He stated that the Grocers Association would prefer that the ordinance is the same for all cities. Member Dean Gatons asked who at CVAG is working on the ordinance. Mr. Bagato responded that Ms. Kate Castle (Palm Springs), Ms. Katie Barrows (CVAG), and himself are working on the ordinance. Member Freed commented that Cathedral City and Indian Wells were not sure about the ordinance, but he thinks it is because it was the first time they heard about it. He mentioned that Ms. Castle and he are going to meet with Cathedral City and Indian Wells to explain the logic of the issue. Member Gatons clarified that for the ordinance to be enacted in each city, each city's city council needs to approve the ordinance. The Committee replied that was correct. Mr. Bagato said that CVAG recommended that cities draft an ordinance for further review. The CVAG Executive Committee would still need to approve a model ordinance. Member Koller inquired if the County of Riverside is included. Member Freed responded that the County made clear they were not interested. Member David Mourhess mentioned that he is the Chairman for the Palm Desert Chamber of Commerce Board. He said that he invited Ms. Barrows to come to the board's meeting on November 26 to present the same presentation that Mr. Bagato gave at the City Council meeting on October 24. Member Susan Rosenberg commented that Mr. Bagato's presentation at the City Council meeting was excellent. She said the presentation had a lot of good facts, which helped make a point why it is very important. She recommended using the same presentation when meeting with other cities. Member Freed commented that he could make the presentation available to the Citizens' Sustainability Committee. Member Ralph Raya asked if the Grocers Association is onboard with the exception of a few changes. 3 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 Mr. Bagato responded that they are onboard. The Grocers Association prefers that the Coachella Valley have the same ordinance, and that there is a 10 cents charge for paper bags. Member Raya asked who the Grocers Association represents. Mr. Bagato replied that he did not know who specifically they represent, and noted that the Grocers Association does not represent every store. Member Freed commented that he has a letter of support from Safeway/Vons, which is the same company. He said that every grocer is in favor as long as they receive the charge for the paper bag. He also said that Blythe is part of CVAG, and they worry people will drive to Arizona to do their shopping. However, Blythe is in favor of the ordinance. Councilman Van Tanner requested information on the negative effects of single- use plastic bags so when he is asked by a constituent, he could respond intelligently and discuss with clarity. Chair Leo suggested having a one-page of talking points or a flyer pertaining to the negative effects. Member Luke Taylor asked if there is a timeline of when the model ordinance will go out. Mr. Bagato responded that there was not a specific timeline given by CVAG. IX. REPORTS AND REMARKS A. Ygrene Presentation Mr. Martin Alvarez introduced Ms. Crystal Crawford, Regional Director of Ygrene Energy Fund. He stated that Ygrene was chosen by CVAG to administer the regional Property Assessed Clean Energy (PACE) program. Ms. Crystal Crawford presented a PowerPoint presentation on the Clean Energy CV Upgrade. The program provides financing to commercial and residential property owners for energy efficiency, renewable energy, and water conservation improvements. Member Tommy Edwards asked if the contractors are local. Mr. Crawford replied yes. She said that they have some contractors that work in the region, but may have their offices in other locations. She also said that training is open to any contractor who meets the basic requirements. They cannot exclude 4 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 anyone; however they, are working to attract local contractors. Ms. Crawford continued with her presentation. Member Freed inquired if there are any issues with Fanny Mae. Ms. Crawford responded that the FHFA issue continues to come up. She said that their underwriting standards were designed to address the concerns that the FHFA expressed in 2010. They are using the most recent legislation SP555 under the Mello Roos statue. She mentioned there have been some instances where the property owner has had to pay off their PACE loan as result of a buyer of the property not wanting to assume the loan during the sale. Member Rosenberg asked how the money is paid back. Ms. Crawford replied that the loan is paid back through property taxes. Member Rosenberg asked what is the interest on the loan. Ms. Crawford responded that on a residential property with a 10-year rate is 6.45 percent and a 20-year rate is 7.45 percent. For commercial property, they offer 5-, 10-, or 20-year terms and the rate is adjusted for each property. Member Rosenberg asked if the loan stays with the property through the property taxes. Ms. Crawford replied that is correct. Councilman Tanner asked if there are prepayment penalties. Ms. Crawford replied yes; up to five percent. Ms. Lisa Ream, Recycling Technician, asked if homeowners' associations (HOA) are eligible for the program. Ms. Crawford responded that the program could be available to the individual property owners. She mentioned that they are working with the HOAs on how to make the process go smoothly and quickly for HOA members. Chair Leo asked Ms. Crawford if she is familiar with the Community Associations Institute (CAI). Ms. Crawford replied yes. Member Mourhess mentioned that he serves on the CAI board. 5 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 Member Greg Gritters asked how much equity does a property need to have. Ms. Crawford said 15 percent. Member Gritters inquired if they loan up to 100 percent. Ms. Crawford responded that if the property has 15 percent equity, it's current on property taxes, it's current on mortgage for the past three years, and property owner is not in bankruptcy then the property owner qualifies to borrow up to 10 percent of the fair market value. Councilman Tanner asked if there is an option to get outside funding instead of going through the PACE program. Ms. Crawford replied yes. � Councilman Tanner inquired if a property owner is able to pay the loan through property taxes when using outside funding. Ms. Crawford responded not that she knows of. She stated that funding through Ygrene is a program that allows you to pay back PACE financing through property taxes. Last, she mentioned that they have a referral program. If a friend or neighbor is referred to the program, you will get paid half of a percent of the value of the project. She thanked the Committee for being invited to their meeting. B. Strategic Plan: Energy and Sustainability Focus Group (Member David Mourhess) Member Mourhess reported that he has the privilege of serving on the City's Strategic Plan Energy and Sustainability Focus Group. There are several focus groups that are looking 20 years into the future. The other focus groups are Transportation, Tourism, Public Safety, Education, Economic Development, Energy, Land Use, and Arts and Culture. He mentioned that at the last meeting they agreed to the overall vision statement for the City of Palm Desert and read the following: Palm Desert is the heart of California's Coachella Valley. Palm Desert's outstanding quality of life offers residents and visitors of all ages a wide variety of recreational, educational, shopping, housing, and entertainment opportunities, as well as, arts and cultural activities and world class events in a uniquely beautiful desert environment. This premier resort destination is also a thriving sustainable community that attracts innovative employers by virtue of its diverse highly qualified workforce and synergistic business civic and educational partnerships. He said that the Energy and Sustainability Focus Group has a mini vision that ties into the overall strategic vision of the City, which they are still working on and read the following: In 2033, Palm Desert's consumption of natural resources is at 6 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 an environmentally responsible level. By 2033, the City will reduce energy and water consumption. The City wants to exchange environmentally responsible resources and materials with those that are not. New construction will be net zero energy and will be water efficient. Member Mourhess added and read that the fourth strategic result area: Existing structures have been voluntarily retrofitted for energy and water reduction. He stated that the focus group is made up of Palm Desert citizens, with Martin Alvarez and Tony Bagato providing advice and guidance. Councilman Tanner inquired if the Strategic Plan will go to the City Council for the first quarter of 2014. Member Mourhess responded that they have two more work sessions, and they will wrap up and make the final recommendations by December. C. Committee Members Comments Member Edwards commented that he is glad to see staff's work on regulating single-use plastic bags. Member Freed said he would like to present a new item for the Committee to discuss at the next meeting. Member Gatons asked if there are incentives for HOA's and communities to convert grass to desert landscape. Member Koller responded that the Coachella Valley Water District has a rebate program. However, funds are no longer available for this fiscal year, but they hope to have more funds available from a State grant. Member Gritters mentioned that HOA's do participate in the rebate program, and that it is very effective. Member Bruce Kassler stated that the Committee should re-approach the County of Riverside in regulating single-use plastic bags. Member Koller commented that he is happy to see CVAG involved in the single- use plastic bag ordinance. Member Raya informed the Committee that he will bring the draft lighting ordinance to the next meeting. He mentioned that he had a field trip scheduled, however, no one showed. He said if anyone is interested in another field trip, please let him know. 7 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE NOVEMBER 6, 2013 Member Taylor said that he would like to discuss air conditioner condensate at the next meeting. Member Rosenberg stated that water conservation should be a major focus of the Coachella Valley. Councilman Tanner suggested regulating paper bags in addition to single-use plastic bags. Chair Leo stated to add to the agenda for future discussion on the best approach to regulate paper bags. Mr. Bagato commented that after talking to the Grocers Association, a charge for paper bags is the best approach. Member Freed said that there are two solutions: 1) regulate what products are allowed to come into Palm Desert; and 2) regulate mandatory recycling. He noted that San Francisco has mandatory recycling and mandatory composting. Member Kassler mentioned that there are some supermarkets that do not carry any bags. He said that people have to bring their reusable bags, buy a reusable bag at the register, or carry their items out. Mr. Bagato introduced Ms. Cassidy Quilling of the Palm Desert Youth Committee. She will be reporting back to the Youth Committee on items that the Citizens' Sustainability Committee discussed. Ms. Quilling stated that she is currently a senior at Palm Desert High School, and has served on the Youth Committee for approximately four to five years. She mentioned that she also serves on the Palm Desert Sister Cities board. X. ADJOURNMENT Upon a motion by Member Raya, second by Member Koller, and an 11-0 vote of the Citizens' Sustainability Committee, Chair Leo adjourned the meeting at 3:10 p.m. �I Monica O'Reilly, Recording Secretary 8 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\11-6-13 min.docx � w � �� , �� SB 270 would phase out single-use plastic bags in California grocery stores, convenience stores, liquor stores, and pharmacies. Each year in California, more than 13 billion single-use plastic bags are handed out by retailers. According to the United States Environmental Protection Agency, 88% of plastic bags and sacks are not recycled. In California, only 3% are recycled, according to CalRecycle. Plastic bags cause litter, slow sorting and jam machinery at recycling centers costing California more than $25 million dollars each year to collect and bury the plastic bag waste. According to a study commissioned by the US Marine Debris Monitoring Program, plastic bags remain one of the top items found consistently during annual beach cleanups. Plastic bags are also harmful to the environment killing thousands of birds, turtles and other species. Most plastics do not degrade. Although they represent only 2.2°/o of waste stream in California, plastic waste is the predominate form of marine debris. Plastics are estimated to compose 60-80% of all marine debris and 90% of all floating debris worldwide. � 1 � '..� �� . - �=�� SB 270 — PADILLA Single-Use Bag Phase Out to be amended �� f�' ��1�� Plastics not only entangle marine life, they are also ingested by marine life and birds. Most plastic marine debris exists as small plastic particles due to excessive UV radiation exposure and subsequent photo-degradation. The Convention on Biological Diversity reports a total of 663 species have been affected by plastic marine pollution through entanglement or ingestion. The California Coastal Commission reports that "birds, fish and mammals often mistake plastic for food. Some birds even feed it to their young. With plastic filling their stomachs, animals have a false feeling of being full, and may die of starvation. Sea turtles mistake plastic bags far jellyfish, one of their favorite foods. Even grey whales have been found dead with plastic bags and sheeting in their stomachs." The Scripps Institution of Oceanography at UC San Diego found evidence of plastic waste in mare than 9% of the stomachs of fish collected in the North Pacific Subtropical Gyre and estimate that fish who reside in the intermediate ocean depths ingest 12,000- to 24,000 tons of plastic per year. According to the United States Environmental Protection Agency, reducing the use of an item is one of the most effective ways to save our natural resources and protect the environment. To date, many local jurisdictions in California have enacted ordinances. The ordinances vary with some requiring a charge for paper carry-out bags and others banning both single-use plastic and paper FOR MORE INFORMATION — Contact Angela Manetti, Office of Senator Alex Padilla (916) 651-4020 carryout bags. These ordinances have both eliminated the costs associated with plastic bags as well as substantially reduced the volume and costs associated with paper bags in communities. For example, San Francisco, Los Angeles County, San Jose, and San Luis Obispo County are already experiencing the benefits of reducing the use of plastic bags. After just one year of implementation of its bag ordinance, the City of San Jose is reporting 50% cleaner creeks. Los Angeles County is reporting a 95% reduction of all single-use bags distributed, including a 30% reduction of paper bags. Section 42254 and 42257 of the Public Resources Code requires large grocery stores to establish a plastic bag recycling program and sunsets on January 1, 2020. Current California law is silent on the reduction of single-use plastic bags. This bill would: prohibit large grocery stores, on and after July 1, 2015, from providing a single-use carryout bag (i.e., paper, plastic, or other material) to a customer at the point-of-sale. prohibit convenience and liquor stares, on and after July 1, 2016, from providing a single-use ca�ryout bag (i.e., paper, plastic, or other material) to a customer at the point-of-sale. autharize a store, on and after July 1, 2015, to provide a reusable grocery bag (i.e., cloth ar durable plastic) to a customer, which may be made available far purchase. • authorize a store to make a recyclable paper bag available for purchase for a minimum of ten cents ($0.10). • specify standards and certification process for reusable grocery bags. • allow ordinances adopted prior to September 1, 2014 to continue to be enforced. • prohibit any local agency from enforcing an ordinance related to single-use carryout bags after January 1, 2015. • make loans and grants available for single-use plastic bag manufacturers who transition their manufacturing to reusable grocery bags • require as a condition of receiving a loan or grant that the manufacturer retain and retrain existing employee for the manufacturing of reusable grocery bags FOR MORE INFORMATION — Contact Angela Manetti, Office of Senator Alex Padilla (916) 651-4020 MRC version V5 — City of Palm Desert Draft Lighting Ordinance Chapter 24.16 OUTDOOR LIGHTING REQUIREMENTS 24.16.10 Purpose and intent. The Outdoor Lighting Requirements are intended to minimize light pollution and light trespass and preserve the night-time environment. A. Provide a consistent, city-wide document for all outdoor lighting; B. Encourage the use of quality design, energy efficient lighting products C. Implements guidelines that defines the characteristics of the lighting fixture that reduces light pollution and light trespass by installing products that controls glare, reduced light trespass and preserve the night-time environment D. It is not intended to prevent the use of any design, products or method of installation. The director of community development may approve any such proposed alternate if the design meets the intent of the ordinance to provide glare control, reduced light trespass and preserve the night-time environment. 24.16.020 Conformance with applicable ordinances. All outdoor light products 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) 24.16.040 Definitions. As used in this chapter, the following terms are defined in this section: "Approved outdoor lighting product" means lighting products or luminaries meet the requirements and provisions outlined in this document. "Advertising display" means advertising structures and signs used for outdoor advertising purposes; not including on-premises (exterior portable or interior) 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. "Decorative lighting" means lighting products used for decorative effects versus lighting performance. Examples of decorative lighting include, but are not limited to, fountain lighting, lighting fixtures (pole, post or bollard style) creating a visual effect with low lumen output, led commercial outdoor string lighting, building wall sconce and chandelier lighting with low lumen lamp sources. "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. Page 1 "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 lensed type fixtures are not be allowed. IESNA classification that describes a luminaire having a light distribution in which zero candela intensity (visible light) occurs at or above an angle of 90° above nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 (10%) at or above a vertical angle of 80° above nadir. This applies to all lateral angles around the luminaire. C I�?f1S.::;c':�'90dc�'r�i Full cutoff lights c �,grce :�tl �:L�fLi � I ,-�,t .;i�o�:�, [�c r��, r�:, � `'� :. � rr•�� Scmi cutoff lights Non cutoff lig�ts c�EgYCC 90 d cgrce ��E,t4•:•u��t�:��, .::,��r ri . :-i,:.: d bOVC 90 dCgfCC � [iC�rfC dcgrcc Page 2 C��toff lights A. Produces sufficiently greater luminance (light) in an area to which the eyes are adapted to. This is known as Discomfort Glare. B. Produces sufficiently greater luminance (light) in an area which causes visual perFormance loss and visibility. This is known as Disability Glare. "Mounting Height" means the distance from the finished grade to the top of the lighting fixtures including any lighting fixture foundation. "IESNA" means Illuminating Engineering Society of North America. "Installed" means any legal installation of outdoor light fixtures after the effective date of this chapter. "Light pollution". An unwanted effect of manmade outdoor lighting that contributes to the effects of sky glow, light trespass, and/or glare. "Disability Glare": Glare resulting in reduced visual perFormance and visibility. It is often accompanied by discomfort "Discomfort Glare": Glare that produces discomfort, but does not necessarily diminish visual performance "Light trespass". An undesirable condition in which exterior light is cast where it is not wanted "Sky Glow or Urban Sky Glow" Any adverse effect of manmade light that produces direct lighting into the sky from the lamp compartment that is not shielded. "Lumen". A unit measurement of a light bulb, arc tube or light emitting diodes (LED) light output expressed as initial Lumens or lumen output. "Foot-candle". One foot-candle is one lumen per square foot. This simply means the amount of light which hits one square foot. "Luminaire". A complete lighting unit consisting of a lamp or lamps and the parts designed to distribute the light, to position and protect the lamp(s), and to connect the lamp(s) to the power supply. (Also referred to as fixture) The complete lighting unit, including the lamp, the fixture, and other parts "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. Page 3 "Off-street lighting" lighting for off-street parking in public, private, municipal or restricted parking areas. All lighting positioned off the street in public and private properties i.e. parking lots, building lighting, walkway lighting, parks, and fenced yards "Outdoor light fixture" any lighting product intended and designed for outdoor use to provide illumination of a defined area or subject. . "Parking area" an area, other than a public street, designed or used primarily for parking. "Pedestrian scale" means a luminaire mounted at no more than ten feet above finished grade and intended to illuminate a walking path or small pedestrian area. "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." "Street lighting" means lighting for all streets or highways including intersections. "Ambient light". The general overall level of lighting in an area from lighting not subject to this ordinance. "Contrast". Is the difference between the luminaire luminous brightness and the brightness of the surrounding area. "Brightness". Strength of the sensation that results from viewing surfaces from which the light comes to the eye "Candela (cd)": Unit of luminous intensity. One candela is one lumen per steradian. Formerly called the candle "Candlepower": Luminous intensity expressed in candelas "Fixture": The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts "Foot-candle": Illuminance produced on a surface one foot from a uniform point source of one candela "HID lamp": In a discharge lamp, the emitted energy (light) is produced by the passage of an electric current through a gas. High-intensity discharge (HID) includes mercury, metal halide, and high pressure sodium lamps. Other discharge lamps are LPS and fluorescent. Some such lamps have internal Page 4 coatings to convert some of the ultraviolet energy emitted by the gas discharge into visual output. "High-Pressure Sodium (HPS) lamp": is a gas-discharge lamp that uses sodium in an excited state to produce light. There are two varieties of such lamps: low pressure and high pressure. Low-pressure sodium lamps are the most efficient electrical light sources, but their yellow light restricts applications to outdoor lighting such as street lamps. High-pressure sodium lamps have a broader spectrum of light than the low pressure, but still poorer color rendering than other types of lamps. Low pressure sodium lamps only give monochromatic yellow light and so inhibit color vision at night. "Plasma Lighting (LEP)" Plasma lamps are a type of gas discharge lamp energized by radio frequency (RF) power which produce high Illuminance for exterior applications such as streets, large big box parking lots and sports lighting applications. The LEP lamps have a life ranging from 30,000 to 50,000 hours, a CRI of 95. Their LEP lamp is able to operate up to 50% more efficiently than conventional HID (High-intensity discharge lamp) lamps while generating the same maintained lumens as a conventional 400 watt system at about half the energy. The technology also allows the lamp to be dimmed to 50% of the rated lamp lumen output. "Induction Lighting" The internal electrode less lamp or induction light is a gas discharge lamp in which the power required to generate light is transferred from outside the lamp envelope to the gas inside via an electric or magnetic field, in contrast with a typical gas discharge lamp that uses internal electrodes connected to the power supply by conductors that pass through the lamp envelope "Incandescent lamp": Light is produced by a filament heated to a high temperature by electric current. These lamps include MR Lamps, Tungsten Halogen Lamps, Par and R lamps. EISA 2007 set new performance requirements for certain common light bulbs, requiring that these bulbs become approximately 25-30% more efficient than the light bulbs by 2012-2014. Overall, the intent of this is to bring into the market more efficient light bulbs. Some new incandescent products could be introduced by the effective dates of the law, including a bulb by General Electric that will decrease the amount of energy required. Non-incandescent bulbs, such as compact fluorescent (CFL) and light emitting diodes (LED) already meet the Tier I standards introduced. "Mercury lamp": The mercury vapor lamp is a high intensity discharge lamp. It uses an arc through vaporized mercury in a high pressure tube to create very bright light directly from its own arc. Mercury lamps are not approved in the City of Palm Desert. Page 5 "Metal-halide lamp": This type of lamp is also known as an 'MH' lamp. It is an HID lamp (High Intensity Discharge), which means it provides most of its light from the electric arc within a small discharge tube. It is becoming increasingly popular due to its good quality white light and good efficiency. The most prominent use of the MH lamp is in stadiums and sports fields. It is also used widely for parking lots and street lighting in urban areas. "Photometry": The quantitative measurement of light level and distribution. This information is developed with programs designed to illustrate foot-candles numerically on a project site plan. "Reflector": Controlling light output by means of reflection (mirror) "Refractor": Controlling light output by means of refraction (lens) "LED Source": light-emitting diode. An electronic semiconductor device that emits light when an electric current passes through it. They are considerably more efficient than traditional light bulbs and provide for long lamp life. LEDs are used in many applications such as flat-screen video displays, indoor and exterior lighting fixtures. "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 facades. "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. 24.16.051 General outdoor lighting "Class 1 Lighting" (accurate color rendition required). A. All luminaries with total lamp Mean lumens above 4800 shall be full-cutoff type except for the following uses: 1. Outdoor advertising displays or signage; Lamp lumens for shielded signs shall no exceed 100 lumens per square foot. Page 6 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. Sports court (tennis, basketball, skating etc.) lighting shall use full-cutoff optics. Sports field lighting with poles exceeding 30 feet shall use technology that greatly reduces spill light and glare controls. Old Generation New TEchnology off-fiel� spill light ess spill �ff-field ;. _� �, i-fieltl Standard Svmmetrical Reflector Redirects Off-Field Saill Liaht 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. Pedestrian scale post top luminaries with total lamp lumens of less than 4500 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source. Low level lighting (bollards, step lights etc.) with total lamp lumens of less than 3500 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Page 7 on-field light 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 1 outdoor lighting mounting heights shall be as follows: Residential Zones: maximum of eighteen high (18'0") in residential zones. The lamp lumens shall be 15,000 lumens or less and provide for full-cutoff features. Commercial Zones: maximum of thirty feet high (30'0") in commercial zones. The lamp lumens 130,000 lumens or less and be provided with full-cutoff features. Exception: Pole heights may exceed thirty feet, zero inches for sports lighting, recreation field, other sports activity areas and special conditions parking lot lighting systems when reviewed and approved by the Planning Director. All pole heights above thirty feet (30'0") shall be carefully detailed and justified with the plan and photometric submission. (Ord. 826 § 1(part), 1997). D. Pedestrian pole mounted lighting for walkways with total lamp lumens above 6600 shall be full-cutoff. E. All luminaries used primarily for walkway lighting "Pedestrian Scale Lighting" shall be mounted no higher than ten feet (10'0") above grade. F. Residential wall mounted lighting luminaries with total lamp lumens of less than 1,800 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source. G. Commercial wall mounted lighting luminaries with total lamp lumens of less than 14 lumens per inch (total size of the wall light fixture face in inches) but to to exceed 4000 lumens total may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source. H. Refer to section 24.16.055 Class 5 Lighting (Off-street parking lighting) for additional requirements pertaining to this section. 24.16.052 Class 2 lighting (walkways and security). A. All high pressure sodium (HPS) luminaries with total lamp lumens above 6000 shall be full-cutoff. Low pressure sodium (LPS) is not an acceptable lamp source. Exception: 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. Page 8 B. All luminaries used primarily for walkway lighting shall be mounted no higher than ten feet (10'0"). C. All luminaries with total lamp lumens of 4500 or less may be semi-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source. D. All class II lighting shall comply with Section 24.16.060 (Light trespass). (Ord. 826 § 1, 1997) E. Pole mounting heights for security areas shall not exceed eighteen feet (18'0"). F. Pole mounting heights for walkways (Pedestrian Scale) shall not exceed eighteen feet (10'0"). 24.16.053 Class 3 Lighting (Decorative lighting) A. Lighting used to highlight architectural features, landscape, building facades, fountains etc. shall be adjusted and aimed during the night to insure light is focused on the designated object. B. Lighting luminaries intended to be directional with total lamp lumens of less than 4000 must be furnished with shields, louvers and/or lenses to insure that the direct view of the lamp source is reduced. An internal fixture reflector system with a clear lens that distributes in a specific direction is designed to promote glare control. Refractors are not a recommended to shield the lamp source. C. Landscape lighting fixtures intended to be directional onto landscape features with a total lamp lumens of less than 1,000 must be furnished with shields, louvers and/or lenses to insure that the direct view of the lamp source is reduced. D. All class III lighting shall comply with Section 24.16.060 (Light trespass). (Ord. 826 § 1 (part), 1997). 24.16.054 Class 4 Lighting (Public 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 right-of-way shall conform to the following: Page 9 1. All lighting standards, fixtures and lamps shall be established in accordance with specifications determined by the city engineer. 2. All lighting standards in the public right-of-way will be installed and maintained by the Southern California Edison Company (SCE) per SCE Schedule LS-1, unless otherwise approved by the city engineer. C. Luminaire and Lamp Requirements. 1. High Pressure Sodium (HPS) street lighting in single-family residential districts shall use 6,000 lumens or less and shall be full-cutoff luminaries with house side shields to reduce the luminous behind the luminaire, unless otherwise approved by the Planning Director. 2. Light Emitting Diodes (LED) street lighting in single-family residential districts shall use 6,000 lumens or less and shall be full-cutoff luminaries with house side shields to reduce the luminous behind the luminaire, unless otherwise approved by the Planning Director. 3. Pedestrian scale post top luminaries in single-family residential districts with total lamp lumens of less than 4500 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source. House side shields may be required to reduce the light directed towards residences. D. Lighting Location Criteria. 1. 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 (800'0") 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. Locations other than intersections where the lighting will provide an aid to traffic or public safety, as determined by the city engineer. Page 10 E. Requests for Lighting. 1. New Development Areas. All street lighting requests will be considered 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 5 Lighting (Off-street parking lighting) 1. When lighting is provided in parking areas, this section shall apply. 2. Only Light Emitting Diode (LED), high pressure sodium (HPS), Metal Halide (MH) and Light Emitting Plasma (LEP) sources shall be used for parking lot lighting. Page 11 3. Pole mounted luminaries shall be full-cutoff types and shall be a maximum of eighteen feet (18'0") in height in residential areas and a maximum of thirty feet (30'0") in commercial areas. Commercial lighting within seventy feet (70'0") of residential areas the luminaire height shall be a maximum of eighteen feet with glare control features to reduce light trespass onto residential properties 4. All parking lot projects shall be submitted with a photometric lighting plan prepared by the project engineer showing point-by-point lighting levels for the entire lot and ten foot (10'0") beyond the project property lines. The point by point photometric plan shall provide lighting levels at a maximum of ten foot (10'0") intervals. The photometrics calculations shall be scheduled on the plan and illustrate Average to Minimum, Maximum to Minimum, Average Foot-candles and Minimum Foot-candles. The photometric schedule shall represent the lighting and calculations in an area equal to of eighty percent (80%) of the useable parking area. 5. Note. Refer to Section 24.16.080 (Submission of plans and evidence of compliance) for signature and other submittal requirements A. Design Requirements. 1. When lighting is provided in parking areas, this section shall apply. 2. The lighting system shall be designed to the following standards: a. Minimum footcandles shall be 1.0 foot-candle. b. Average maintained light level of 1.0 footcandles to 3.0 foot-candles. c. Average-to-minimum uniformity ratio shall not exceed four to one (4:1). d. Maximum to Minimum uniformity ration shall no exceed 16:1. 3. The lighting system using High Pressure Sodium (HPS) shall be designed to the following standards: a. Minimum footcandles shall be 1.5 foot-candle. b. Average maintained light level of 1.5 footcandles to 3.0 foot-candles. c. Average-to-minimum uniformity ratio shall not exceed four to one (4:1). d. Maximum to Minimum uniformity ration shall no exceed 16:1. Page 12 4. 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: Light Emitting Diode (LED) Metal Halide and Light Emitting Plasma (LEP) or other high color rendering sources may be allowed for Class 1 areas where the actual Class 1 usage occurs in the parking area; i.e.: outdoor retail such as a car dealership. Refer to Section 24.16.151 (class I lighting). 3. Pole mounted luminaries shall use full-cutoff type optics and shall be a maximum of eighteen feet (18'0") above ground to the luminaire in residential areas and a maximum of thirty feet (30'0") 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 eighteen feet (18'0"). Exception: Pedestrian scale post top luminaries with total lamp lumens of less than 4500 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source 4. All wall packs shall be full-cutoff type and shall conform to the requirements in Section 24.16.060 (Light trespass). Fixtures with refractor lenses are not approved for any use. 5. All full-cutoff type luminaries shall be mounted horizontal and fixtures with tilting capabilities are not an approved fixture. 6. All parking facilities shall be designed to the recommended practices of the IESNA. 7. 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. 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 properties shall be minimized by complying with the following: 1. Provide lighting fixtures with internal house side shielding so that no more than 0.10 footcandle is measured horizontally at the adjacent property lines. a. Berms to block reflected light from the ground and/or landscape screening may need to be provided to meet these requirements. Page 13 b. Private tennis courts will be required to meet off-site lighting requirements. Provide photometric lighting plans for all private tennis court lighting systems. 2. All building-mounted luminaries shall be a maximum of eighteen feet (18'0") above ground to the luminaire when adjoining residential property lines and a maximum of twenty feet (20'0") above ground in other areas around the building. 3. Wall pack lighting fixtures shall be meet full cut-off requirements and shall be included in all photometric lighting plans. 4. Where the adjacent property is residential, all lighting shall be arranged so as to direct the light away from the adjacent property. 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. Note: Adjustable type wall packs or wall packs using refractors are not approved. 2. All wall packs shall have optics designed to direct the light away from the wall and shall incorporate internal side shields, baffles or reflectors to minimize wall brightness. 3. 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 to the arc tube is horizontal to the bottom of the lamp shield. 5. Where the adjacent property is residential and the luminaire is a decorative style, the luminaire shall be designed to reduce light trespass onto the residential property. 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 16000 lumens shall not be used. b. Luminaries shall be designed with glare controls to insure the light is directed to its intended target. Page 14 c. All hillside lighting shall be turned off no later than 10:OOpm and remain off until the following evening. 24.16.070 Time of operation. A. All Class 1 lighting shall meet the control requirements of the State of California Title 24 requirements for energy controls. 1. On-premises advertising signs may be illuminated all night; see signage code 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 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 10:00 p.m., but they cannot start under illumination after 10:00 p.m., However, in no case shall the illumination stay on past 10:30 p.m.; 4. Lighting for golf driving ranges shall be off between ten p.m. and sunrise. B. All Class II and IV lighting must meet the requirements of the State of California Title 24 requirements for energy controls. 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 11:00 p.m. D. All Class V lighting may remain on all night except that reduced levels are required after 11:00 p.m., or when the use of the parking area ceases. Reduction requirements 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 a site plan, fixture cuts and a photometric plan illustrating that the proposed outdoor lighting systems complies with this chapter. The submission shall contain, but not be limited to, four (4) complete sets of the following: 1. The site plan 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 a photometric point-by-point that illustrates the proposed lighting level and a calculation schedule as described in this chapter. 3. The lighting site plan and photometric study shall be signed by the project electrical engineer or architect. 3. A description of the outdoor light fixtures including, but not limited to, manufacturer's cut sheet, product specifications and shielding information; Page 15 4. Photometric calculations shall use a.85 light loss factor for all photometric plans. 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 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 architect. This engineer or architect 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 Instal lation. 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. (Ord. 826 § 1 (part), 1997) 24.16.100 General Provisions and 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) Unless under TUP C. 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. D. All full-cutoff type luminaries shall be mounted horizontal. Tilt type luminaries for use in outdoor lighting is prohibited. E. wall mounted lighting fixture with refractor type lenses are prohibited. 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. Holiday Decorations. Lights used for holiday decorations are exempt from the requirements of this chapter. Page 16 C. Flag Lighting. Lights used for illumination of flags as required by law are exempt from this chapter. D. 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 made on a Temporary Use Application along with the associated fee. 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 director of community development. C. The director of community development 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 renewable for a period of not more than fifteen consecutive days. Requests for renewal of a temporary exemption shall be processed through a Temporary Use Permit along with a new fee. 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). Page 17 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 and a public nuisance 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 and is 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 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, 1997) Page 18