ORD 148ORDINANCE NO. 1.°8
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA
AMENDING TITLE 9 OF THE MUNICIPAL CODE
BY ADDING A NEW CHAPTER 9.210 THE
"OUTDOOR LIGHT CONTROL ORDINANCE"
(ZONING TEST AMENDMENT NO. 89-011).
The City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Title 9 of the Municipal Code is hereby
amended by adding a new Chapter 9.210, the "Outdoor Light
Control Ordinance", attached hereto as Exhibit A, (Zoning Text
Amendment No. 89-011).
SECTION 2. EFFECTIVE DATE. This Ordinance shall be
in full force and effective thirty (30) days after its adoption.
SECTION 3. POSTING. The City Clerk shall, within
15 days after passage of this Ordinance, cause it to be posted
in at least the three (3) public places designated by
resolution of the City Council; shall certify to the adoption
and posting of this Ordinance; and shall cause this Ordinance
and it's certification, together with proof of posting, to be
entered in the Book of Ordinances of this City.
The foregoing ordinance was approved and adopted at a
meeting of the City Council held on thel7th day of October,
1989, by the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
r) L
JOHN J.-F A, May
City of L Quinta, California
ATT T:
AUNDRA JUHOLA, y Clerk
City of La Quinta
APPROVED AS TO FORM:
CJ
DAWN HONEYWELL, City Attorney
City of La Quinta
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APPROVED AS TO CONTENT:
RON KIEDROWSKI, City Manager
City of La Quinta
CHAPTER 9.210
OUTDOOR LIGHT CONTROL
SECTIONS
9.210.10 Generally
9.210.15 Definitions
9.210.20 General Requirements
9.210.25 Prohibitions
9.210.30 Exemptions
9.210.35 Procedures for Compliance
9.210.40 Temporary Exemptions
9.210.45 Public Nuisance
9.210.10 GENERALLY
A. Conformance with Applicable Codes: This Chapter shall be
construed as consistent with the remainder of Title 9 (La
Quinta City Land Use Ordinance) and with all Uniform
Building Codes administrated by the City.
B. Applicability: All outdoor artificial illuminating
devices shall be installed and operated in conformance
with the provisions of this Chapter, plus any Uniform
Building Codes presently or subsequently administered or
adopted by the City. Any language contained therein
which may conflict with this Chapter shall be construed
consistent with this Ordinance.
C. Approved Material And Methods of Installations: The
provisions of this Chapter are not intended to prevent
the use of any material or method of installation not
specifically prescribed by this Chapter provided any such
alternate has been approved. The Building Official may
approve any such alternate provided that findings can be
made that the proposed design, material or method:
1. Provides approximate equivalence to those specific
requirements of this Chapter or;
2. Is otherwise satisfactory and complies with the
intent of the Chapter.
D. Purpose: This Chapter is intended to restrict the
permitted use of outdoor artificial illuminating devices
emitting undesirable rays which:
1. Have a detrimental effect on astronomical
observations, and/or;
2. Inefficiently utilize scarce
and/or;
3. Create a public nuisance.
electrical energy,
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91.210.15 DEFINITIONS
A. Outdoor Light Fixtures: Shall mean outdoor artificial
illuminating devices, outdoor fixtures, lamps and other
devices, permanent or portable, used for illumination or
advertisement. Such devices shall include, but are not
limited to, search, spot, or flood lights for:
1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and other signs (advertising or other);
6. Street lighting;
7. General area and yard lighting.
B. Individual: Shall mean any private individual, tenant,
lessee, owner, or any commercial entity including but not
limited to companies, partnerships, joint ventures or
corporations.
C. Installed: Shall mean the initial installation of
outdoor light fixtures defined herein, following the
effective date of this Chapter.
9-210.20 GENERAL REQUIREMENTS
A. Shielding: All exterior illuminating devices, except
those exempt from this Chapter and those regulated by
Section 9.210.25 shall be fully or partially shielded as
required in the Table.
1. "Fully Shielded" shall mean that those fixtures
shall be shielded in such a manner that light rays
emitted by the fixture, either directly from the
lamp or indirectly from the fixture, are projected
below a horizontal plane running through the lowest
point on the fixture where light is emitted, thus
preventing the emission of light above the
horizontal.
2. "Partially Shielded" shall mean that those fixtures
shall be shielded in such a manner that the bottom
edge of the shield is below the plane center line
of the light source (lamp), minimizing the emission
of light rays above the horizontal.
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B. Filtration: Those outdoor light fixtures requiring a
filter in the Table shall be equipped with a filter
consisting of a glass, acrylic or translucent enclosure.
(Quartz glass does not meet this requirement).
C. Requirements for Shielding and Filtering:
requirements for shielding and filtering light emissions
from outdoor light fixtures shall be as set forth in the
following table:
TABLE
REQUIREMENTS FOR SHIELDING AND FILTERING
(see also footnotes below)
FIXTURE LAMP TYPE
Low Pressure Sodium (1)
High Pressure Sodium
Metal Halide (6)
Fluorescent
Quartz (3)
Incandescent
Greater than 160W
Incandescent
160W or Less
Mercury Vapor
Fossil Fuel
Glass Tubes,
filled with Neon,
Argon, Krypton
Other Sources
SHIELDED
FILTERED (4)
Partially
None
Fully
None
Fully
Yes
Fully (5)
Yes (2)
Fully
None
Fully None
None None
Fully (7) Yes (7)
None None
None None
AS APPROVED BY
THE BUILDING OFFICIAL
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Footnotes:
(1) This is the preferred light source to minimize
undesirable light into the night sky affecting
astronomical observations.
(2) Warm White and Natural Lamps are preferred to
minimize detrimental effects.
(3) For the purposes of this Ordinance, quartz lamps
shall not be considered an incandescent light
source.
(4) Most glass, acrylic, or translucent enclosures
satisfy these filter requirements. Quartz glass
does not meet this requirement.
(5) Outdoor advertising signs of the type constructed
of translucent materials and wholly illuminated
from within do not require shielding.
(6) Metal halide display lighting shall not be used for
security lighting after 11 p.m. (or after closing
hours if before 11 p.m.) unless fully shielded.
Metal halide lamps shall be in enclosed luminaries.
(7) Recommended for existing mercury vapor fixtures.
The installation of new mercury fixtures is
prohibited sixty days after the effective date of
this Ordinance.
9.210.25 PROHIBITIONS
A. Searchlights: The operation of searchlights for
advertising purposes is prohibited, unless a temporary
variance has been granted by the City Council.
B. Outdoor Building or Landscaping Illumination: The
unshielded outdoor illumination of any building,
landscaping, signing, or other purpose is prohibited
except with incandescent fixtures less than 160 watts,
fossil fuels, and/or glass tubes (see Table).
C. New Mercury Vapor Installations: Sixty days from the
effective date of this Chapter, the installation of
mercury vapor fixtures is prohibited. All mercury vapor
lights installed shall be fully shielded.
9.210.30 EXEMPTIONS
A. Nonconforming Fixtures: All outdoor light fixtures
existing and fully installed, prior to the effective date
of this Chapter may remain in use as "nonconforming"
indefinitely; provided however, that no change in use,
replacement, structural alteration, or (after
abandonment) no restorations of outdoor light fixtures
shall be made unless it thereafter conforms to the
provisions of these regulations.
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B. Fossil Fuel Light: Light fixtures using fossil fuel (i.e.
light produced directly or indirectly by the combustion of
natural gas or other utility type fossil fuels) are exempt
from the requirement of thus' Chapter.
C. Federal, State And County Facilities: Those facilities
and lands owned and operated or protected by the U.S.
Federal Government or the State of California and
Riverside County are exempted by law from all
requirements of this Chapter. Voluntary compliance with
the intent of this Chapter at those facilities is
encouraged.
D. Recreational Facilities: The illumination of outdoor
recreational facilities, public and private, is exempt
from the requirements of this Ordinance with the
following limitations:
1. The light fixtures for outdoor recreational
facilities shall meet the shielding requirements in
the Table.
2. No such outdoor recreational facility shall be
illuminated by nonconforming means after 10 p.m.
except to conclude a specific recreational or
sporting event or any other activity conducted at a
ball park, outdoor amphitheater, arena, or similar
facility in progress prior to 10 p.m.
E. Special Exemption: The Planning Commission may grant a
special exemption to the requirements of the Table only
upon a written finding that there are extreme geographic
or geometric conditions warranting the exemption and that
there are no conforming fixtures that would suffice.
9.210.35 PROCEDURES FOR COMPLIANCE
A. Applications:
1. Any individual intending to install outdoor
lighting fixtures (other than 160 watts or less
incandescent) shall submit an application to the
Planning and Development Department, Building
Division providing evidence that the proposed work
will comply with this Chapter.
2. Any individual applying for a building permit, Use
Permit, Specific Plan or Plot Plan or Final
Subdivision Tract intending to install outdoor
lighting fixtures (other than 160 watts or less
incandescent) shall as a part of said application
submit such evidence as may be requested that the
proposed work will comply with this Chapter.
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3. Utility companies, lighting or improvement districts
entering into a duly approved contract with the City
in which they agree to comply with the provisions of
this Chapter, shall be exempt from applying for and
obtaining a permit for the installation of outdoor
light fixtures, including residential security
lighting.
B. Contents of Application or Submission: The submission
shall contain but shall not necessarily be limited to the
following, all or part of which may be part of or in
addition to the information required elsewhere in the
City Regulations upon application for the required permit:
1. Plans indicating the location on the premises and
the type of illuminating devices, fixtures, lamps,
height, supports, and other devices.
2. Description of the illuminating devices, fixtures,
lamps, supports, shielding, filtering and other
devices. This description may include but is not
limited to, wattage, lighting output,
manufacturer's catalog cuts, and drawings
(including sections where required).
The above required plans and descriptions shall be
sufficiently complete to enable the Building Official 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 evidence of compliance by
certified test reports as performed by a recognized
testing lab.
C. Issuance of a Permit: Upon the determination that the
installation will be in compliance with the requirements
of this Chapter, the Building Official shall issue a
permit for installation of the outdoor lighting fixtures,
to be installed as in the approved application.
D. Appeals: Appeal procedures of the zoning regulations for
decisions of the Building Official shall apply.
E. Amendment To Permit: Should the Applicant desire to
substitute outdoor light fixtures or lamps after a permit
has been issued, the Applicant must submit all changes to
Building Official for approval, with adequate information
to assure compliance with this Chapter.
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9.210.40 TEMPORARY EXEMPTIONS
A. Request for Temporary Exemptions: Any individual as
defined herein may submit a written request on a form
prepared by the Planning And Development Department to
the Building Official for a "temporary exemption" to the
requirements of this Chapter, such exemptions to be valid
for 30 days. The request for temporary exemption shall
contain minimally the following listed information:
1. Specific exemptions and justification for
exemptions requested;
2. Type, use, and hours of operations of exterior light
involved;
3. Duration of time for requested exemption;
4. Type of lamp and calculated lumens;
5. Total wattage of lamp or lamps;
6. Proposed location and heights of exterior light;
7. Physical size of exterior lights and type of
shielding and/or filtering provided;
8. Previous temporary exemptions, if any.
B. In addition to the above data the Building Official may
request any additional information which would enable the
Building Official to make a reasonable evaluation of the
request for temporary exemption.
C. Appeal For Temporary Exemption: The Building Official,
within five days from the date of the properly completed
request for temporary exemption, shall approve or reject
in writing the request. If rejected, the individual
making the request shall have the right of appeal to the
Planning Commission for review pursuant to the procedures
applicable to any other appeal of a decision of the
Building Official.
D. Extension of Temporary Exemption: Any individual
requesting a Temporary Exemption for a period greater
than 30 days, or an extension beyond the original 30 day
period for a temporary exemption shall apply for a
Conditional Use Permit to the Planning Commission and
City Council. The Conditional Use Permit application
shall contain (in addition to other Use Permit
requirements) the information specified in Section
9.210.40.
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9.210.45 PUBLIC NUISANCE
Any light fixture installed after the effective date of this
Chapter which violates the provisions of this Chapter
constitutes a public nuisance and shall be abated.
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