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Home My WebLink AboutAppeal of an Order to Abate a Public Nuisance Case Nos. 04-4551 & 04-4552 - Carl W. KisnerCITY OF PALM DESERT BUILDING & SAFETY DEPARTMENT STAFF REPORT REQUEST: Appeal of an Order to Abate a Public Nuisance SUBMITTED BY: Hart Ponder, Code Compliance Manager APPELLANT: Carl Wm. Kisner 72-300 Rancho Road Rancho Mirage, CA 92270 CASE NO: Code Case Nos. 04-4551 and 04-4552 DATE: April 28, 2005 CONTENTS: Photographs — Exhibit A Location Plat — Exhibit B Notice of Violation — Exhibit C Order to Abate A Public Nuisance Notice — Exhibit D Receipt of Certified Mail — Exhibit D Second Order to Abate A Public Nuisance Notice — Exhibit E Receipt of Certified Mail — Exhibit E Letters of appeal from Carl Wm. Kisner — Exhibit F Metroscan property profile — Exhibit G City of Palm Desert Ordinance 24.16 — Exhibit H Recommendation: By Minute Motion, uphold the Order to Abate issued by Code Compliance that would require the removal of the unapproved lighting from 44312 and 44330 San Pablo, Palm Desert, California. Discussion: On December 16, 2004, Code received a complaint from the Planning Department regarding newly installed illegal light fixtures located at 44312 and 44330 San Pablo. (Exhibits A & B) This situation is violating Chapter 24.16 of the Palm Desert Municipal Ordinance. A letter to the property owner, Mr. Kisner, was sent requesting that he obtain permits. (Exhibit C) On December 29, 2004, an inspection confirmed continued non-compliance with the code. An inquiry with Planning and Building & Safety revealed no permits were issued. In an effort to work with the property owner, a request for an extension was granted. Staff Report Appeal of an Order to Abate a Public Nuisance — Case Nos. 04-4551 and 04-4552 Page 2 of 2 April 28, 2005 On January 14, 2005, an inspection was conducted. The inspection confirmed that the property was still in violation of Chapter 24.16. Subsequently, An Order to Abate was issued (Exhibit D) via certified mail asking the property owner to obtain permits and install approved lighting at the property. On February 15, 2005, Staff contacted the Planning Department, and no plans or progress was made to comply with the City's Ordinance. Another request for time was granted to the property owner to comply. Since the First Notice to Abate had become stale (unenforceable because of a lapse time), another Order to Abate was issued April 5, 2005. (Exhibit E) Mr. Kisner has now appealed. (Exhibit F) A written notice was sent to the property owner that this matter would be considered by the City Council on April 28, 2005. It is staffs current viewpoint that Mr. Kisner has created a "false dilemma" by claiming "safety" is the reason his property should be exempt from the code. In fact, approved lighting can be achieved that directs the lighting more efficiently onto his property, which will mitigate light fallout onto surrounding areas. Code Staff is available for any questions you may have. Submitted By: Hart Ponder Code Compliance Manager Approval: i Omer Croy, Assi nt City Manager for Development ices Carlos Ortega, "Cii�ranager Department Head: �s C// r -,;; � �� HamidzXeh Director of Building and Safety Frontal view of 44-312"'. and 44-330 San Pablo .I Fixture at 44-312 San Pablo GJ� *fF _ f 1� EXHIBIT A 4 I � / to /00 ". (05) � 4 0 43Ac t E� 0. 77Ac co 0 o ; _ 0 78AcJ 3 +� TRA 0/8 -156 0 4 a 1 f � � s 0 J5 Ac. t 97 l"R A 0/8 -- /56 � E 3 �+�09.32s ioa 3' 4 G h .3' '-� 74.12' 70 DA TE I OLD Aix �VEJV No. 1114 „3-poi t • 79 - 4 5-7 ;7/83 111- 5 /5, ST 9� _ tll Z3_MA._._1 — r.. V;� J' I � 8 Q; 0. /8 Ac. f h 0 h � L RI8 T R A 22S m m x w 6 018 - 208 E I-T Y Of PRIM OESERi 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:76o 346—o6u FAX: 760 341-7098 info@palm-deserc.org December 16, 2004 Carl W. Kisner 72300 Rancho Road Rancho Mirage, California 92270 Case No. 04-4551 Dear Carl W. Kisner: It has come to the City's attention that the condition(s) listed below exist on your property located at 44312 San Pablo Avenue, also legally known as AP No. 627-111- 004- -. The City is requesting your cooperation in correcting the following item(s) in order for your property to be in compliance with Chapter 8.20 of the Palm Desert Public Nuisance Ordinance. • The newly installed parking area lighting does not meet the City's standard for this type of lighting (see enclosed ordinance). Please remove lighting and obtain a permit from Building and Safety Department and the Planning Department prior to the installation of any new lighting. We appreciate your assistance in resolving this issue within the next ten (10) days from receipt of this notice. This enables you and your neighbors to maintain your property - values, and enhances the quality of life in your neighborhood, as well as for the City of Palm Desert. Thank you in advance for your cooperation. Should you have any questions, please contact our office at (760) 346-0611, ext. 477. Sincerely, i 2 Johnny Terfehr tX Code Compliance Officer EXHIBIT C C I I Y OF P 0 1 M 0ESER1 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346-o61r FAX:760 341-7098 info@palm-deserr.org December 16, 2004 Carl W. Kisner 72300 Rancho Road Rancho Mirage, California 92270 Case No. 04-4552 Dear Carl W. Kisner: It has come to the City's attention that the condition(s) listed below exist on your property located at 44330 San Pablo Avenue, also legally known as APN No. 627-111- 015- -. The City is requesting your cooperation in correcting the following item(s) in order for your property to be in compliance with Chapter 8.20 of the Palm Desert Public Nuisance Ordinance. • The newly installed parking area lighting does not meet the City's standard for this type of lighting (see enclosed ordinance). Please remove lighting and obtain a permit from Building and Safety Department and the Planning Department prior to the installation of any new lighting. We appreciate your assistance in resolving this issue within the next ten (10) days from receipt of this notice. This enables you and your neighbors to maintain your property - values, and enhances the quality of life in your neighborhood, as well as for the City of Palm Desert. Thank you in advance for your cooperation. Should you have any questions, please contact our office at (760) 346-0611, ext. 477. Sincerely Z Johnny Terfehr Code Compliance Officer EXHIBIT C r; j puma as nano rue E I I y of P 0 1 M oESERr 73-510 FRED WARI`G DRIVE PALm DESERT, CALIFORNIA 92260-2i78 TEL:76o 346—o6ii FAX:760 341-7098 in foCdpa I m-deserr. org ORDER TO ABATE A PUBLIC NUISANCE January 21, 2005 Carl W. Kisner 72300 Rancho Road Rancho Mirage, California 92270 Case No. 04-4551 Dear Carl W. Kisner: By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter 8.20, you are hereby ordered to abate the following condition(s) from your property described as 44312 San Pablo Avenue, also legally known as APN No. 627-111-004. In order for your property to be in compliance: • The newly installed parking area lighting does not meet the City's standards for this type of lighting (see enclosed copy of ordinance). Please remove lighting and obtain a permit from Building and Safety Department and the Planning Department prior to the installation of any new lighting. The Code Compliance Division of the City of Palm Desert, California, has determined that the foregoing conditions constitute a violation of the Palm Desert Municipal Code Chapter 8.20. You have until February 01, 2005 to abate the condition(s), or appeal the determination within ten (10) days of the date of this notice to the City Council of the City of Palm Desert, California. Any appeal must be in writing and filed with the City Clerk's office, City Hall, Palm Desert, California. EXHIBIT D If you do not abate the nuisance or appeal its determination within the specified time period, the City will proceed with the abatement, and/or proceed with legal action with the City Attorney's office. Should the City hire its own contractor and abate the conditions, the cost of abatement including attorney fees, and administrative fees will be assessed against the property in the form of a nuisance abatement lien or a tax assessment against the property. Thank you in advance for your cooperation our office at (760) 346-0611, ext. 477. Sincerely G�2 Johnny Terfehr Code Compliance Officer CITY 01 PH1M 0 [ S ( R I If you have any questions, please contact Cr - - 0 Cr , ca co cC3 Postage $ C3 Certified Fee ( JO C Return RecbpI Fee D �V+ ,J Postmark (Endorsement Required) C+C�-11 Here 0 Restricted Delivery Fee r4 (Endorsement Required) ri M Total Postage & Fees I $ M Q Sent ro t3 ftSheet Apt No.: ----------------------------------- ------------------------------- or PO Box No. City, State, ZIP+4 PS Form 3800. June 2002 See Reverse for Instructions COMPLETE• ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IS Print your name and address on the reverse so that we can return the card to you. IS Attach this card to the back of the mailpiece, or on the frorii if space permits. 1. Article Addreto: � A'1 1_ \ndN 0 Agent 0 Addressee i B. RW#ved�by (Printgd me) C. to of Ivory D. Is delivery a1different from item 1? below:No ❑ Y I I If YES, enter delivery address 3. S ice Type )UZWdied Mail p Express Mail 0 Registered etum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7003 3110 0001 8068 8909 I PS Form 3811, August 2001 Domestic Return Receipt 102595.01-1164-2509� EXHIBIT D C I I y Of P 0 1 M 0ESERi 73-510 FRED WARING DRIVE PAL.%1 DESERT, CALIFORNIA 92260-2578 TEL:76o 346—o6u FAX: 760 341-7098 inf0@P21m-dcsert.org ORDER TO ABATE A PUBLIC NUISANCE January 21, 2005 Carl W. Kisner 72300 Rancho Road Rancho Mirage, California 92270 Case No. 04-4552 Dear Carl W. Kisner: By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter 8.20, you are hereby ordered to abate the following condition(s) from your property described as 44330 San Pablo Avenue, also legally known as APN No. 627-111-015. In order for your property to be in compliance: • The newly installed parking area lighting does not meet the City's standard for this type of lighting (see enclosed ordinance). Please remove lighting and obtain a permit from Building and Safety Department and the Planning Department prior to the installation of any new lighting. The Code Compliance Division of the City of Palm Desert, California, has determined that the foregoing conditions constitute a violation of the Palm Desert Municipal Code Chapter 8.20. You have until February 01, 2005 to abate the condition(s), or appeal the determination within ten (10) days of the date of this notice to the City Council of the City of Palm Desert, California. Any appeal must be in writing and filed with the City Clerk's office, City Hall, Palm Desert, California. EXHIBIT D If you do not abate the nuisance or appeal its determination within the specified time period, the City will proceed with the abatement, and/or proceed with legal action with the City Attorney's office. Should the City hire its own contractor and abate the conditions, the cost of abatement including attorney fees, and administrative fees will be assessed against the property in the form of a nuisance abatement lien or a tax assessment against the property. Thank you in advance for your cooperation. If you have any questions, please contact our office at (760) 346-0611, ext. 477. Sincerel/ Zjohnny Terfehr Code Compliance Officer CIIY 0f P01M 6[5[RI Postal CERTIFIED r� MAILT,, RECEIPT m(Domestjo Mail OWY; No insuranceCoverage provided) c ca Postage I S Cer4fled Fee Op co (Endorsement Requir Mn Reclept Feeed) / P eerk �'T d He L) Herr I3 Restricted Delivery Fee ri (Endorsement Required) ri m Total Postage & Fees' s m ' Q 'Sent To O tti •Sheet Apt. N96- •------------------•--•---------------•---- or PO Box No. Gry, State, Z/P+q .................................................................... SENDER: COMPLETE THIS SECTION• • ON DELIVEnY ■ Complete items 1, 2, aR3: Al"so•c`omplete A. Signature item 4 if Restricted Delivery is desired. �\�� 0 Agent i ■ Print your name and address on the reverse ❑ Addressee ! so that we can return the card to you. B. Rec by (Printed loam C. to of live ■ Attach this card to the back of the mailpiece, \j p or on the front if space permits. D. Is delive ad r f 1 EIJYes 1. Article Addressed to: If YES, enter delivery address below: No 7a�OD �i� 6A3. ervi a Type r rtified Mail Express Mail Registered turn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ( 7003 3110 0001 8068 8916 ! , PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 EXHIBIT D C I I Y Of P H [ M OESERi 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346—o6ii FAX: 760 341-7098 info@palm-deserr.org ORDER TO ABATE A PUBLIC NUISANCE April 5, 2005 Carl W. Kisner 72300 Rancho Road Rancho Mirage, California 92270 Case No. 04-4551 Dear Carl W. Kisner: By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter 8.20, you are hereby ordered to abate the following condition(s) from your property described as 44312 San Pablo Avenue, also legally known as APN No. 627-111-004. In order for your property to be in compliance: • The newly installed parking area lighting does not meet the City's standards for this type of lighting (see enclosed copy of ordinance). Please remove lighting and obtain permit from Building and Safety Department and the Planning Department prior to the installation of any new lighting. The Code Compliance Division of the City of Palm Desert, California, has determined that the foregoing conditions constitute a violation of the Palm Desert Municipal Code Chapter 8.20. You have until April 18, 2005 to abate the condition(s), or appeal the determination within ten (10) days of the date of this notice to the City Council of the City of Palm Desert, California. Any appeal must be in writing and filed with the City Clerk's office, City Hall, Palm Desert, California. EXHIBIT E n C, nna 01 ea<uc rug If you do not abate the nuisance or appeal its determination within the specified time period, the City will proceed with the abatement, and/or proceed with legal action with the City Attorney's office. The above -mentioned items will be taken to the County landfill and discarded in a lawful manner. Should the City hire its own contractor and abate the conditions, the cost of abatement including attorney fees, and administrative fees will be assessed against the property in the form of a nuisance abatement lien or a tax assessment against the property. Thank you in advance for your cooperation our office at (760) 346-0611, ext. 477. Sincerely, Ahnny Terfehr Code Compliance Officer CITY Of PRIM 0HER1 If you have any questions, please contact m i (Domestic Cr cc Postage I S p C3 Certified Fee O Rsm Reciept Fee I /� i //-�-� Postmark I Here (Endorsement Required) M Restricted Delivery Fee r—1 (Endorsement Requlred) r-i tTl I Total Postage & Fees $ m p Sent To Ml Street, Apt. NO•; ..................... ---- or PO Box No. City, State, 7JP+4 EXHIBIT E I I I Y OF P 0 1 M OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346-o6n FAX: 760 341-7098 info@palm-deserc.org ORDER TO ABATE A PUBLIC NUISANCE April 5, 2005 Carl W. Kisner 72300 Rancho Road Rancho Mirage, California 92270 Case No. 04-4552 Dear Carl W. Kisner: By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter 8.20, you are hereby ordered to abate the following condition(s) from your property described as 44330 San Pablo Avenue, also legally known as APN No. 627-111-015. In order for your property to be in compliance: • The newly installed parking area lighting does not meet the City's standard for this type of lighting (see enclosed ordinance). Please remove lighting and obtain a permit from the Building and Safety Department and the Planning Department prior to the installation of any new lighting. The Code Compliance Division of the City of Palm Desert, California, has determined that the foregoing conditions constitute a violation of the Palm Desert Municipal Code Chapter 8.20. You have until April 18, 2005 to abate the condition(s), or appeal the determination within ten (10) days of the date of this notice to the City Council of the City of Palm Desert, California. Any appeal must be in writing and filed with the City Clerk's office, City Hall, Palm Desert, California. EXHIBIT E t.� rmmea�krm�rue If you do not abate the nuisance or appeal its determination within the specified time period, the City will proceed with the abatement, and/or proceed with legal action with the City Attorney's office. The above -mentioned items will be taken to the County landfill and discarded in a lawful manner. Should the City hire its own contractor and abate the conditions, the cost of abatement including attorney fees, and administrative fees will be assessed against the property in the form of a nuisance abatement lien or a tax assessment against the property. Thank you in advance for your cooperation our office at (760) 346-0611, ext. 477. ;Sincerely, hnny Terfehr Code Compliance Officer CITY Of PRIM DESERT If you have any questions, please contact o CERTIFIED MAIL,. RECEIPT N I r. (Domestic . Coverage • ` • cr y �� y, F S r, ^� C3 co Postage S r-i p Cenified Fee ; ap Retum ReGePt Fee Postmark Here (Endorsement Required) % p Restri ted Delivery Fee (Endorsement Required) Rl Total Postage & Fees $ , m p Sent To p �.. Street, Apt. No., ................................ or PO Box No. w PS Form 3800. June 20C EXHIBIT E RECEIVED CITY CLERK'S OFFICE PALM DESERT, CA 2005 APR 12 PM 1: 55 April 11, 2005 Code Compliance Division City of Palm Desert 73-510 Fred Waring Drive Palm Desert CA 92260 Case Numbers: 04-4551 04-4552 Johnny Terfehr, Code Compliance Officer: I am appealing this case, therefore request a meeting with the City Council to present my facts and reasons, backed up with a computer demonstration for the use of this lighting which is to protect my property and the property of my tenants as well as being consistent and the same as lighting in the immediate area and throughout Palm Desert. It has proven results for reducing incidents of crime on this property as well as providing safety for the residents. I also request that Lieutenant Steve Thetford, who is familiar with the history of criminal activity on this property and the hardships it has created for my tenants, to be present at this meeting. Sincerely, Carl Wm. Kisydejj�-� 72-300 Ranqho Road Rancho Mirage CA 92270 760.346.6051 j�- EXHIBIT F RECEIVED CITY CLERK'S OFFICE PALM DESERT, CA 2005 APR 12 PM 1: 55 April 11, 2006 Code Compliance Division City of Palm Desert 73-510 Fred Waring Drive Palm Desert CA 92260 Case Numbers: 04-4551 04-4552 Johnny Terfehr, Code Compliance Officer: I am appealing this case, therefore request a meeting with the City Council to present my facts and reasons, backed up with a computer demonstration for the use of this lighting which is to protect my property and the property of my tenants as well as being consistent and the same as lighting in the immediate area and throughout Palm Desert. It has proven results for reducing incidents of crime on this property as well as providing safety for the residents. I also request that Lieutenant Steve Thetford, who is familiar with the history of criminal activity on this property and the hardships it has created for my tenants, to be present at this meeting. Sincerely, �i Carl Wm. KisVfeL.-,'/ 72-300 Rangghho Road Rancho Mirage CA 92270 760.346.6051 EXHIBIT F COPY TO --C-Cd-e- rY"-DI I*'Otca- DATE = P R O F I L E M"E T R 0 3 CAN PROPERTY Riverside (CA) **************************************************************************************** * * * <<< OWNERSHIP INFORMATION >>> * * * Parcel Number :627 Ill 004 S: T: R: Q: * Ref Parcel #:000 000 000 Pos Interest: * Owner Name :Kisner Carl W * CoOwner * Site Address:44312 San Pablo Ave Palm Desert 92260 * Mail Address:72300 Rancho Rd Rancho Mirage Ca 92270 * Telephone :Owner: Tenant: * * * <<< SALES AND LOAN INFORMATION >>> * * * Transferred :09/01/1976 Loan Amount * Document # :136513 Lender * Sale Price Loan Type * Deed Type: Interest Rate * % Owned Vesting Type: * * * * * <<< ASSESSMENT AND TAX INFORMATION >>> * * * Land :$9,066 Exempt Type * Structure:$60,232 Exempt Amount * Other Tax Rate Area :18-002 * Total :$69,298 Taxes :$1,504.90 * % Improved :87 * * * <<< PROPERTY DESCRIPTION >>> * * * Map Grid :818 F7 * Census:Tract:451.08 Block:l * Land Use :R04 Res,2 Or More Residential Units * Legal :POR LOT 13 MB 020/051 PALMA VILLAGE * :GROVES * * * Sub/Plat :Palma Village Groves * Book :20 Page:51 * * * <<< PROPERTY CHARACTERISTICS » > * * * Bedrooms :6 Stories :1 YearBuilt:1959 AgPreserve * BathFull :3 Units :3 MiscImprv:No * Bath3Qtr Bldg SgFt:2,263 Street:Paved ADDITIONAL * BathHalf Gar SgFt Waterfrnt: * Fireplce :No Gar Type Elect Svc:Developed RmAddtns :Yes * Cntrl Ht :Yes Lot Acres:.14 Gas Svc :Developed RmAddSF * Cntr1A/C :Yes Lot SgFt :6,098 WaterSrce:Developed AddGarType * Pool :No Roof Type:CompositionSewerType:Developed OthrPkng * * **************************************************************************************** Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. EXHIBIT G = MET R O S CAN PROPERTY P R O F I L E= Riverside (CA) **************************************************************************************** * * * <<< OWNERSHIP INFORMATION >>> * * * Parcel Number :627 111 015 S: T: R: Q: * Ref Parcel #:000 000 000 Pos Interest: * Owner Name :Kisner Carl W * CoOwner * Site Address:44330 San Pablo Ave Palm Desert 92260f ^, * Mail Address:72300 Rancho Rd Rancho Mirage Ca 92270 * Telephone :Owner: Tenant: * * * <<< SALES AND LOAN INFORMATION >>> * * * Transferred :06/01/1983 Loan Amount * Document # :124084 Lender * Sale Price Loan Type * Deed Type:Misc Interest Rate * Owned Vesting Type: * * * * * <<< ASSESSMENT AND TAX INFORMATION >>> * * * Land :$9,066 Exempt Type * Structure:$63,987 Exempt Amount * Other Tax Rate Area :18-002 * Total :$73,053 Taxes :$1,607.16 * $ Improved :88 * * * <<< PROPERTY DESCRIPTION >>> * * * Map Grid :818 F7 * Census:Tract:451.08 Block:l * Land Use :R04 Res,2 Or More Residential Units * Legal :.15 ACRES M/L IN POR LOT 13 MB * :020/051 PALMA VILLAGE GROVES * Sub/Plat :Palma Village Groves * Book :20 Page:51 * * * <<< PROPERTY CHARACTERISTICS >>> * * * Bedrooms :6 Stories :1 YearBuilt:1959 AgPreserve * BathFull :3 Units :3 MiscImprv:No * Bath3Qtr Bldg SgFt:2,263 Street:Paved ADDITIONAL * BathHalf Gar SgFt Waterfrnt: * Fireplce :No Gar Type Elect Svc:Developed RmAddtns :Yes * Cntrl Ht :Yes Lot Acres:.15 Gas Svc :Developed RmAddSF * Cntr1A/C :Yes Lot SgFt :6,534 WaterSrce:Developed AddGarType * Pool :Yes Roof Type:CompositionSewerType:Developed OthrPkng * * Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. EXHIBIT G 24.16.010 Chapter 24.16 OUTDOOR UGEr MG REQUIREMENTS Sections: 24.16.014 Purpose and intent 24.16AU Confortaaaace with applicable 24.16.030 ordinances. Materials and methods of insta0adon. 24.16.040 DeOaNioas. 24.16.0* Requirements. 24.16.431 Mass I liglting (accurate color rendition required). 24.16.0S2 Mass 17 nghdag (walkways and security). 24.16.053 Class III lighting (decorative). 24.16.064 Class IV ftbtlrag (street lighting). 24.16.055 Class V lighting (off-street 24.16.060 parking)- Light trespass. 24.16.070 Time of operation. 24.16.080 Submidoa of pleas and evidence of Compliance 24.16.090 Installation. 24.16.100 Probibitioom 24.16.110 Pft=aaeat exemptions. 24.16.1= Temporary ex=ptlons. 24.16.130 Emergency exemptl0im 24.16.140 Coaiflds. 21L16.150 Violations and peEwdes. 24.16.160 Violations constitute public nuisance. 24.16.020 Conformance with applicable ordinances. All artificial outdoor light fixtures installed after the effective date of this chapter shall be installed in confor- mance 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 1 (part). 1997) 24.16.030 Materials and methods of installation. Ibis chapter intended to encourage the use of quality materials, methods and designs. It is not intended to prevent the use of any design, material or method of installation not specifically forbidden; provided, any such alternate bas been approved. The director of community development or the city engineer may approve any such proposed alter- nate if it: A. Provides at least approximate equivalence to the applicable specific requirements of this chapter, and B. Is otherwise satisfactory and complies with intent of this chapter. (Ord. 826 1 1 (part), 1997) 24.16.040 Detluitions. As used in this chapter, the following terms are defined in this section: "Approved outdoor lighting fixture" means lighting fixtures or luminaries approved by the city as conforming to this code. .. "Advertising display" means advertising structures and signs used for outdoor advertising purposes, not including on -premises advertising signs. "City engineer" means the city engineer of the city of Palm Desert or a representative(s) designated by the city 24.16.010 Purpose and intent engineer of the city of Palm Desert. The intent of this chapter is to: 'Class I lighting" means all outdoor lighting used for, A. Mtrumize light pollution and light trespass for the but not limited to, outdoor retail or restaurant areasm*=K).- enjoymen and use of property and the night environment tive dealers (display areas only), assembly or repair areas, by the citizens of the city of Palm Desert; outdoor advertising displays and other signs, recreational B. Provide a consistent, citywide document for all facilities and similar applications where the use of the space outdoor lighting; or area requires colors to be rendered as accurately as C. Encourage the use of proper types, kinds, construc- possible. tion, installation and uses of outdoor light futures, lighting 'Class H lighting" means all outdoor lighting used for, practices and systems that will reduce light pollution and but not limited to, illumination for walkways, equipment light trespass; yards and outdoor security. D. Flag Lighting. Lights used for illumination of flags 'Class III lighting" means lighting used for decorative as required by law are exempt from this chapter. effects. Examples of class III lighting include, but are not E. Special Circumstances. Course of action for approval limited to, the illumination of trees, fountains, statues and shall be determined by the city jLun-a_case_-hy-,C-se building-"tc -- basis. (Ord. 826 ¢ 1 (part), 1997) "Class IV lighting" means lighting for all streets or highways. 336-19 (Palm Dunn 9-97) EXHIBIT H 24.i6.-040 "Vass V lighting" means lighting for off-street park- ing in public, private, municipal or restricted parking areas. "Director of commouty developmenr means the director of community development for the city of Palm Desert ora, reprise kuAve(s) designated by the director of commu- nity development of the city of Palm Desert. "Developed area" means any area of the city with existing improved propaty. This generally refers to any area not covered by the definition for "new development areas." "Full -cutoff ' means outdoor fight fixtures shielded or .,..name , .1 to that all of the tight rays emitted by the fixture are projected below a horizontal plane passing duough the lowest point on the fixture from which light is emitted. Drop or sag lens type f xtu es shall not be allowed. Add -on shields shall not be allowed for compliance with this chapter. 1. Note: Tedmical Definition: "A lumbu+ae light distri- bution is designated as full -cutoff when the candlepower per 1000 lamp lumens doer not numerically exceed O (0%) at a vertical angle of 90 degrees or greater above nadir and 100 (10%) at a vertical an* of 80 degrees above nadir. This applies to any lateral angle wound the luminaire." This definition does not supersede the above restriction on drop or sag I=. t -luminaries. "Height." means the distance from finished grade to the top most potion of any light tmhiining source, i.e.; lamp. surface or less. "IESNA" means Muminating Engineering Society of North America, New -York, NY. 'Individual" means any private individual, tenant. lessee, owner or any commercial entity including, but not limited to....",Je. �.+,s.r..._a'4,yt,6jointvenirrrCSOrcorporations. "Installed" means any legal installation of outdoor light fixtures after the effective date of this chapter. 'Light pollution" means nay artificial light that is emitted ruse the . �' , . . either directly or ', J C .. J by reflection that impacts astronomical research and enjoyment of do night sky by reflection off of dust, water vapor and other atmospheric pollutants in the sky. "Light trespass" means any artificial light that causes unwanted light on adjacent properties or undesirable or nuisance glue in the normal field of view. "Lumen" means a unit of light emitted from a lamp or lamps. Where used in this chapter, lumen shall mean the "initial" manufacturer published amount emitted from the lamp or lamps. "LuminaiW' means a complete lighting unit consisting of a lamp or lamps, together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply. "Municipal" means an arm street or facility which is owned or managed by the city of Palm Desert or is associ- ated with a city of Palm Desert facility such as parks, .. facilities or a city -owned or managed building such as City Nall. "New development area" means any development in previously unimproved areas. This includes new develop- ments generally recognized as planned housing, industrial or gal developments. "Outdoor light fixture" means an outdoor. artificial, illuminating device, installed or portable, used for flood lighting. general Muminstim or ads . , �%_ . t 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 otter uses; street lighting-. walkway righting; product display area lighting and building overhangs and open canopies. "Parking area" means an area, other than a street, designed or used primarily for parking of vehicles. "Pedestrian scale" means a luminaire mounted at no more than fourteen feet, zero inches to the top in a residen- tial area and- at no more dirt eighteen feet, zero inches to the top in a nonresidentW area. "Private:" -means- ad urea, street or facility that is not open to the general pnblis:. "Public" m*AwI a*arm*atreet or facility, other than a private or nauddM sees, i P, e - or facility that is available for genital public use, either five or for remuneration. "Reotationsl' 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 tn, fields or stadiums for softball. baseball, football, soccer, golf courses, driving ranges and other "field sports." and courts for tennis, basketball, volleyball. handball and other "court sports " "Restricted parking" means an area used for parking vehicles on a semi-pennaneat basis and not available to the general public for hourly or day-to-day parking. "Semi -cutoff' means outdoor fight fixtures designed or constructed so that ninety-five percent (95%) of the light rays emitted by the fixture are projected below the horizon- tal plane passing through the photometric center of the fixture from which the light is emitted. 1. Note: Technical Definition from IESNA. "A luminaire light distribution is designated as semi -cutoff when the candlepower per 1000 lamp lumens. dres not numerically exceed 50 (5%) at an angle of 90 degrees above nadir (horizontal), and 200 (20%) at a vertical angle of 80 degrees above nadir. This applies to any lateral angle around the luminaire." cP" Dean s-M 336-20 'Toe of slope" means the point above which the average slope can be shown to exceed tea percent Reber to "lfillaide Planned Residential District," Chapter 25.15 in the Patin Desert Zoning Ordinance, for the method of calculating the average slope. 'all pack" means a building -mounted luminaire W- stalled far the purpose of lighting the adjacent ground areas. walltways, streets and/or parking lots. Refer to Chapter 25.04, Definitions, or specific Title 25 zoning chapters for definitions of the following tams: alley, .. , , , , . w , .: d; density, medium or high; hillside areas; industrial; lot line (property line); office; public way; residential; restaurant retail; street or highway; wholesale, (Ord 926 11 (pact), 1997) 2416.030 Requir ooerits. The requirements for luminaries, source type, shielding, design parameters, etc, shall be as described in the follow- ing Sections 24.16.051 through and including 24-16.055. (Ord 926 11 (part), 1997) 24.I6.051 Cass I lighting (accurate color randidoa requbvd). A. All luminaries with total lamp iumeas above 4050 shall be full -cutoff type except for the following uses: 1.. Outdoor advertising displays or signage; .. 2... Fubbc or Municipal Outdoor R .. � . %, , J Faciilities. All lighting for Field Sports shall conform to the require - mew of Section 24.16.060(BX4XLight Trespass: Outdoor R.—.1 ,:. , al Facilities for Field Sports) regarding require- ments for glary control, luminaries construction and maxi- mum aimog angles. Court sports shall use, full -cutoff optics. B. AU projects shall be submitted with fully engineered drawings showing anticipated light spill to adjacent areas. Refer to Section 24.16.090 (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 die director of community devel- opment. D. All hwimaries 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 tight sources shall be allowed per acre or frraction thereof if parcel is less than one acre. E. All class I lighting shall comply with Section 24.16.060 (Light trespass). F. Refer to Section 24.16.070 (Tame of operation) for specific ..a ef=operation-requirements. G. All class I lighting shall be mounted at a maximum of twenty feet, zero inches in height above ground to the luminaire in residential areas and a maximum of thirty feet, 24.16.040 zero inches in height above ground to the luminaire in all other are, except that pole heights may exceed thirty feet, zero inches far field sports. All pole heights above thirty feet shall be carefully detailed and justified with the plan submission. (Ord. 826 1 1 (part), 1997) 24.16.052 Clans Q lightfaug (walkways and secndty). A. All luminaries with total lamp lumens above 6500 shall be full -cutoff, high pressure sodium (]BPS) or low pressure sodium (LPS). 1. Exception. In residential areas only, a maximum of 9,100 total lamp luauns of non -cutoff light sources shall be allowed per ace or fraction thereof if parcel is less than one acre. However, no individual luminaire shall exceed 6,S00 total lamp lumens. 2. Note. 'lire usage of IFS is only allowed in industrial locations that do not border residential properties or in areas that cannot be seen from the street. B. All luminaries used primarily for walkway lighting shall be mounted no higher than fifteen feet, zero inches. C. All luminaries with total lamp hnneas of 6500 or less may be semi -cutoff with any source type. However, all hies that are not full -cutoff shall use glare control optics such as , f,, -L ,., or louvers to redirect the light downward and meet the semi -cutoff requirements. M ,All class II lighting shall comply with Section 24.16.060 (Light trespass). (Ord. 826 1 1 (part), 1997) 24.16.053 Class III lighting (decoradvO A. All class III lighting must be selected, installed and aimed so that these is a minimum amount of spill beyond the area intended to be lighted. B. All luminaries with total lamp lumens above 4050 shall not be allowed except for luminous tube lighting such as neon, cold cathode and fiber optic cable. C. All luminaries with total lamp lumens of 4050 or less may be of any source type. A maximum of 16,200 total lamp lumens of non -cutoff fight sources shall be allowed per acre or fraction thereof if parcel is less than one acre. D. All class M lighting shall comply with Section 24.16.060 (Light trespass). (Ord. 826 1 1 (part), 1997) 24.16.054 Class IV lighting (street lighting). A. Purpose. The city does not encourage the use of street lighting. However, the purpose of this .section is to establish a set of guidelines with which to regulate the instatta.:.,..,, .,r 6..I..;wJstreet 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 336-21 (Palm Dessert 8-97) equitable manner 'I w section saves to establish a uniform standard for location of lights and illusnioatiwt levels within the city, and clarifies responsibilities for payment of rise various coat: 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 standard16 futures and lamps shalt be established in accordance with specifications determined by the city engineer. 2. All lighting standards will be installed and main- tained 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. L,umainaire and Lamp Requirements. 1. All savay lighting in singk4amily residential districts shall use 5,8W hrmeo (seventy watt), high pressure sodium vapor (HPS) lamps in full -cutoff luminaries, unless other- wise approved by die city engineer. Sad -cutoff. decorative - style luminaries of 4050 total lamp lumens at less. are , ,aDowod where pedestrian scale street lighting- is -desired::= , 2. Allscat lighting inmulti-family raidernttal a4saiccs shall bethosar w a: far single-family where the luminaires total larnls lmrieas eaceeda 4060 Srani-ertroii'..! . � , ,!� , . - style • luminaries of 4M total lamp lumens or less are allowed where p rdeoim scale sheet lighting is desired. 3. All stred lighting in all norursidential districts will use high pressume sodium vapor (SIPS) lamps with a lamp rating of 9,5W lumeas (one hundred watt) or greater in a fun -cutoff luminaire as determined by the city engineer. 4. Exception. In commercial districts, semi -cutoff, decorative -style luminaries of 405D total lamp lumens or less are allowed where pedestrian scale street fighting is desired. D. Specific Warrants for Lighting Locations. 1. New Development Areas. The following criteria shall be used to evaluate requests for street lighting: & 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 greatrr than thrm hundred feet in length; d. All intersections in commercial and industrial districts; e. Bus stops; E Other locations and/or spacing of lighting as deter- mined 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. I=&& os 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 Dv : r , � � � . Areas. An stunt lighting requests will be - , i.. : I _A and a, r r , ..1 when public improvement plans are submitted to the city engineer. 2. Developed Area~. 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. Instillation 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 througb the development's r, . , _ . or the formation of a lighting assessment district. , 2. DavdWWAzemPaymentsfatri in developed areas shoWbe as -follows: .. K a: Bus Stops and Traf oSafety 11glift All iestilla- tion. energy and maintenannce costs shalt be paid by the city. b. Areas Served by Homeowner's Associations. All installation, energy and maintenance costs shall be paid by the a..,. M.ation. 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 mainteaance costs shall be paid by the city. If are 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. $26 4 1 (part). )997) 24.16.055 Qass V lighting (off-street parking). A. General Requirements. 11. Vyjrr� (jg ing is �xeyidr� in r�+wrfcin�arrac, �i+iT section shall apply. Lighting is not required in paddng 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 (P** Doren 8-97) 336-22 24.16.055 do not border maidential ..W, or in area that cannot be new from the street L awq tion. Metal Halide or other high color render- ing sources may be allowed for class I area whom the acW (lass I usage occurs in die parking area; i.e.: outdoor nail such as a car dealership. Refer to Section 24.16.151 (class I lighting). b. Note. Nigh color rendering sources shall not be used for parking areas. adjacent to class I usage areas. i.e.. recreational facilities, etc. 3. Pole mounted lumdnaries shall use full -cutoff type optics and shall be a maximum of twenty fee4 zero inches a height above ground to the luminaire kn residential areas and a maximum of thirty feet, zero iordhes in height above pow d to the lumhinaire in all other areas except within one hundred feet of a residential area when the height shall be a maximum of twenty feet, zero inches. L 1? ., r , Sumhi�custofl; .. . . style luminaries of 4050 total lamp havens or less are allowed in commercial &gicts wham 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 tteapass). I All full-cutofftype luminaries shall be mounted horizontal. i.e.. no tilt shall be allowed 6. All parking lotpmjects shall be submitted with an ea&cered lighting plan,sbowing point -by -point lighting levels for the entire lot to fifty feet, zero inches beyond the p mpaty lines -with a m ximum of a twenty-foot-by- mutty-foot spacing of calculation points. Points outside ofdo actual parking aunt shall not be used in determining the wage level in the parking area. The calculation areas mat be delineated or two plans provided, one for the actual parting area, and a second for die total project to filly feet beyond the property lines, as described above. L Note. Refer to Section 24.16.080 (Submission of plant and evidence of compliance) for signature and other submittal n quiremeats. B. Design Requirements. 1. All parking facilities shall be designed to the recom- mended practices of the IF.SNA. L The lighting system shall be so designed to produce an average maintained light level on the entire parking facility's horizontal surface in a range from one footcandle (lfc.) to three footcandles (3fc.). The average -to -minimum uniformity ratio shall not exceed four to one (4:1). 3. The illumination levels at exits, entrances, loading zoam—an&c be approximately-, *,va 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,,.glare and adjacent hillside areas. C. Astronomical Research and Observation. 1. Whore allowed. low pressure sodium (LPS) lighting may be used for parking lot lighting. Its unique monochro- matic ,, . � I. , . , . , provides the least amount of int... f .. with astronomy. 2. Where low pressure sodium (LPS) lighting is not used, the lighting system shall be so designed to reduce the levels to one-half of normal levels in a uniform pattern or switch to a LPS system for security purposes after eleven p.m.. or when the use of the parking area ceases. L Note. Although the reduction should be done as uniformly as possible, it is understood that the uniformity requhunent of Section 24.16.055(B)(2) may not be achieved at the reduced level. (Ord. 926 11 (part), 1997) 24.16.060 )(.IXW tre'spasa. Regniremews for lu minaire 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 r shall be minimized by complying with the following: 1. Provider material, methods. and designs so that no more than 0.25 footcandle. it measured on a vertical plane located at five .feet, zero inches inside of the adjacent property and at six -feet, six inches above the ground. L - Notes. i. Berms to block reflected light from the -gtound oWoc laaftca screening may need to be provided to meet these requirements. I Private tennis courts may have to be lowered in relation to adjacent,., . , — ...+. 2. Wall packs shall not be mounted higher above the ground than their distance to the lot (property) line unless they are mounted so as to direct the light away from the adjacent property, i.e., on a wall on the property line, but directed inward. See Section 24.16.060(B)(2) and (B)(3) for maximum height and construction of luminaries. 3. Where the adjacent property is residmdal, 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 m . nnuutr, 1, .gut requirements: I. 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 336-23 (Palm Desen 8-97) --24.16.060 - — --- the adjac mptoputy, or if the adjacent property is commer- cial. Adjustable typo gall packs "U not be at above horizontal unless shielded to provide full -cutoff. - 2. All waif pact"have optics designed to direct the light away fiom the wall and shall incorporate internal house (wail) We shields, baffles or reflectors to minimize wall brightness. 3. All bu0diog-moiwled luminaries AA be a maximum of fifteen feet, zero inches in height above ground to the lumnnsim in residential areas, and a maximum of twenty fen, zero inches in height above ground to the luminaire in all other areas. 4. Outdoor Recneadoaal Facilities far Field Sports. L The lighting system shall be designed with top shields and "glare eonttd" optic systems to minimize the impact on sky glow and glare to adjacent properties. b. provide shuddimg such that the cutoff angle (vertical) to the are tube above the beam center line (axis) doll be no more than twenty-five degrees, i.e.. the arc tube cannot be directly aeon above twenty-five degrees from the luminsim aiming axis. a Tree maximmot vertical aiming angle above straight down (ne ft shall be sixty-five degrees (twenty-five degrees below 1, . 1). S. the adjacent ptapesty is residential and the Itmninaire4s; a . style, the lot line side of the lumiaaire is.twbtrbloeked out to eliminate spit! and Slam C. Hillddd areas. The Illumination of hillside areas shall be -minimized by -compliance with the following: . I. 71M requirements forluminairesize and aiming fcc areas within a hillside area are as follows: a. Luminaries with total lamp lumens above 4050 lumens shall not be used. b. Lumirunries shall be full -cutoff. L Exception: A maximum of g,1001umens of noa- cutoff light sources shag be allowed per acre or fraction thereof if parcel is less than one acre. 2. The requirements for luminaire construction and aiming for nears adjacent to hillside areas, within two hundred (200) fat below the toe of slope, for luminaries emitting light in the direction toward the hillside, and the hillside in a direct line of sight from the luntinaire, are as follows: L Luminaries with total lamp lumens above 4M lumens shall be a full -cutoff type, b. Luminaries with total lamp lumens below 4050 lumm shall not be aimed above a horizontal plane passing through the photometric center of the luminaire. (Ord. 826 $ 1 (part). 1997) 24.16.070 Time of operatlou. A. All class I fighting shall be off between eleven p.m. and sunrise, except u follows: L On -premises advertising signs maybe illuminated all night; 2. Outdoor retail, commercial, assembly, repair and industrial areas may be lighted when such areas are actually in used 3. Outdoor recreational facilities may remain lighted Put tear p.m. to eomplene recreational activities that are in progress and under illumination at ten p.m. and still be in conformance with this chapter, i.e., activities in progress may complete after ten p.m., but they cannot start under illumination after ten P.M., However, in no case shall the illumination stay on past ten -thirty p.m.; 4. I ighting for golf driving ranges shall be off between ten p.m. and sunrise, B. All class D and ry lighting any remain on all nigbt. C. All class III fighting shall be off between eleven p.m and stm n except for retail, restaurants and businesses during normal business hours. AD class 121 lighting shall be shut off at the and of mormal business hours when hours extend -past eleven P.M. D. All class V lighting may remain on all night except that ftduecd lamrels are requited after eleven p.m., or when thre : use.: of -thee. puking area ceases. Refer to Section 24:16•,iis0(Q}('B) hr reduction requirements. (Ord. 9261 X16.080 -" 9 ions -of plats mad evidmee of . compithaacer A- The application for any required city approval involving nonexempt outdoor right futures shall include evidence that the proposed work will comply with this chapter. 'lire submission shall contain, but not be limited to, four complete sets of the following. I. The location of the site where the outdoor light fixtures will be installed, 2. Plats showing the location and type of all fixtures, both existing and proposed, on the premises, including Point by -point lighting level printouts with calculation arm delineated where required; 3. A description of the outdoor light fixtures including, but not limited to, manuficturee s catalog cuts, photometric report with candela distribution, drawings, and shielding information; 4. Justification for light loss factors (LL.F) less than B. The aboverequi and 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 (Palm Dwen 9-M 336-24 24.16.080. this ready determination by reason of the nature or configu- ration of the devices, fixttms or lamps proposed, the applicant shall submit further evidence of compliance enabling such determinatian. C. Submittal and drawings shall be signed by a licensed r . ifessiond engineer or by the licaited electrical contractor that is performing the work. This enginew or contractor shall be held responsible for the content and accuracy of the submitted design. Submittal must contain the acme of the company that prepared the drawinEs and the name, title and telephone auunba of the persom that 3 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 It 1 (part), 1997) 24.16.0" Installation. The owner at contractor of record shall install the approved outdoor lighting fixtures in comformance to the listing, manufacturer's installation specifications, and all applicable local and state electrical codes. An electrical permit and inspection by the Palm Desert Department of Building and Safety is required as specified elsewhere in this code. (Ord 826 § 1 (part). 1997) 24.16.100 Prohibitions. A. Mercury Vapor Luminaries. The installation of any mercury vapor luminaim for use as outdoor lighting is prohibited. B. Operation of search lights for advertising purposes is prohibited. (Ord. 826 4 1 (part), 1997) 24.16.110 Permanent exemptions. A. Noncocaformarrce. All outdoor light fixtum existing and legally installed prior to the effective date of this chapter are exempt from the requirements of this chapter, except that when existing lundnaries are reconstructed or replaced, such reconstruction or replaceauent shall be in compliance with this chapter. B. Rwil Fad Light All outdoor light fixtures produc- ing light directly by combustion of fossil fuels (such as kerosene lanterns and gas lamps) are exempt from the requuirements of this chapter. C. HoWay Decorations. Lights used fior holiday dura- tions are exempt fiom the requirements of this chapter. D. Flag Lighting. Lights used fbr illumination of flags as required by law are exempt from this chapter. F_oww-ofactiorrformxvval shall be determined by a quorum of the city council on a case -by -case basis. (Ord. 826 § 1 (past), 1997) 24.16.120 Tempocary 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 rapest to the direcw of commas sty development for a temporary exemption from the requirements of this chapter. The request shall be accompanied by a filing fee, the amount of which is set by resolution. The "request for .. r , 1 1 1 r exemption" shall contain the following informa- tion: 1. Name, address and telephone number of the appli- cant: 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 fuctuse(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''dWl 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 an renewals for a period of not more than fifteen consecutive days. Requests for renewal of a temporary exemption shall be processed in the same manna as the original request. No outdoor light fixtures shall be exempted from this chapter for more than forty-five days during any twelve-month period. (Ord. 826 11 (part), 1997) 24.16.130 Emergency exemptions. This chapter shall not apply to portable temporary lighting used by law enforcement or emergency services personnel to protect life or property. (Ord. 826 j l (part), 1997) 24.16.140 Conflicts. - .[-the statote3_,_CWe_S or laws of the United States of America or the state of California conflicts with any provision of this chapter, the most 336-25 (Pahm Donn 9-97) 24.16.140 �- restrictive shall apply unless otherwise required by law. (Ord. 826 11 (put), 1997) 24.16.150 VWWdoos =A pendfim A. It is mdawfd for any individual to operate, erect. c anstruct, mlarge, alter replace+ move. improve. or convert any lighting structure, or cause the same to be done, con- trary to or in violation of any provision of this chapter. Any "vxbW violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hacWdk • specified. Such ie&vidual shall be deemml guilty of a separate offense for each and every day, or portion thereof. during which say 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 nesoiution fora first violation: (2) guilty of as infiaction offense and punished by a fine as set by resolution fbr a second violation on the same site and perpetrated by fire same individual. The third and any additional violations on the same site and, —,e ., ed 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 eery penalty herein shall not =Heve an individual from the mrsponsibility for conecting the violation. (Ot& 8361 1 (part),:1997) 24.1&160 Violations amidldee, "Mk Imbo eti. . Aar lighting savatureaected.- eonEttucted, enlarged, altered, replaced moved, 2 or converted contrary to. the provisions of this chapter shall be. and the save . is declared to be, unlawful and a public nuisance and subject to abatement in the manna provided by law. Any failure. refusal or neglect to obtain a penoit as required by this chapter shall be prima facie evidence of the fact that a public auisaace has been committed in connection with the erection, construction, ealargement, alteration, repiaco- meet, improvement or conversion of a lighting structure erected, constructed, enlarged, altered, repaired. moved, improved or converted contrary to the provisions of this chapter. (Ord. 926 11 (part), 1997) (Um ouen r.M 336-26