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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 BJ/ORDDRFT.008 - 1 - 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, BJ/ORDDRFT.002 - 1 - 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. BJ/ORDDRFT.002 - 2 - 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 BJ/ORDDRFT.002 - 3 - 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. BJ/ORDDRFT.002 - 4 - 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. BJ/ORDDRFT.002 - 5 - 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. BJ/ORDDRFT.002 - 6 - 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. BJ/ORDDRFT.002 - 7 - 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. BJ/ORDDRFT.002 - 8 -