§ 83.07.040  Glare and Outdoor Lighting  - Mountain and Desert Regions.
   This Section provides standards for outdoor lighting in the Mountain and Desert Regions, unless exempt in compliance with § 83.07.040(e) (Exempt Lighting and Fixtures), below.
   (a)   Residential, Commercial and Industrial Land Use Zoning Districts.  The following standards shall apply to all structures and freestanding outdoor light fixtures in all land use zoning districts.
      (1)   Maximum Height. Residential pole lighting shall not exceed 12 feet in height.
      (2)   Shielding Requirements. New permitted lighting for new construction, unless exempt in compliance with § 83.07.040(e) (Exempt Lighting and Fixtures), below, shall be shielded in compliance with the requirements outlined in Table 83-7 (Shielding Requirements for Outdoor Lighting in the Mountain Region and Desert Region), in order to preclude light pollution or light trespass on:
         (A)   Adjacent property;
         (B)   Other property within the line of sight (direct or reflected) of the light source; or
         (C)   Members of the public who may be traveling on adjacent roadways or rights-of-way.
 
Table 83-7
Shielding Requirements For Outdoor Lighting In the Mountain Region and Desert Region
Fixture Lamp Type
Residential Area Shielded
Commercial/Industrial Area Shielded
Low Pressure Sodium
Fully
Fully
High Pressure Sodium
Prohibited except fully shielded on streets
Fully
Metal Halide
Prohibited
Fully
Fluorescent
Fully
Fully
Quartz
Prohibited
Fully
Incandescent > 60 watts
Fully
Fully
Incandescent 60 watts or less
No requirement
No requirement
Compact fluorescent lights (CFL) > 13 watts
Fully
Fully
Compact fluorescent lights (CFL) 13 watts or less
No requirement
No requirement
Glass Tubes filled with Neon, Argon, or Krypton
No requirement
No requirement
Mercury Vapor
Prohibited
Fully
Halogen
Prohibited
Fully
Searchlights for advertising purposes
Prohibited
Prohibited
Laser source light or similar light intensity light for advertising purposes
Prohibited when projected above the horizontal
Prohibited when projected above the horizontal
 
   (b)   Determination of Light Trespass.  Light trespass shall be determined in compliance with § 83.07.030(a), above.
   (c)   Additional Standards for Recreation Facilities.  The following additional standards shall apply to recreational facilities:
      (1)   Private recreational facilities shall not be illuminated between the hours of 11:00 p.m. and sunrise.
      (2)   Public recreational facilities shall not be illuminated unless the facilities are being utilized. The illumination shall be turned off no later than 11:00 p.m. or one hour after the termination of the event and/or use, whichever occurs last.
   (d)   Additional Standards for Off-Site Signs (Billboards) and On-Site Signs.  Lighting fixtures used to illuminate a new off-site sign and exterior illuminated on-site signs shall be mounted on the top of the sign structure and shall comply with the shielding requirements in Table 83-7 (Shielding Requirements for Outdoor Lighting in the Mountain Region and Desert Region), above.
   (e)   Exempt Lighting and Fixtures.  The following outdoor lighting fixtures shall be exempt from the requirements of this Section:
      (1)   Fixtures producing light directly by the combustion of fossil fuels (e.g., kerosene lanterns, gas lamps, etc.).
      (2)   Neon, argon or krypton outdoor lighting fixtures.
      (3)   Outdoor lighting fixtures on facilities or lands owned, operated, or controlled by the United States Government or State of California. Voluntary compliance at those facilities is encouraged.
      (4)   Emergency lighting operated by a public utility or agency during the course of repairing or replacing damaged facilities.
      (5)   Emergency lighting and fixtures necessary to conduct rescue operations, provide emergency medical treatment, or address any other emergency situation.
      (6)   Provided there is no light pollution, or light trespass, or when the lighting fixtures are regulated by motion detector, lighting fixtures within five feet of an entrance or exit door and/or alcove of a dwelling unit, not exceeding a height of eight feet and a wattage not exceeding 75 watts.
      (7)   Internally illuminated signs.
      (8)   Holiday lighting fixtures or displays.
      (9)   Architectural lighting whether it is freestanding or attached to a structure that does not exceed an intensity of 60 watts.
      (10)   Pedestrian lighting that does not have an intensity greater than 60 watts.
      (11)   Vertical lighting for properly displayed U.S. and State of California flags that does not exceed an intensity of 140 watts.
   (f)   Nonconforming lighting.
      (1)   Existing nonconforming outdoor lighting fixtures that were not regulated by previous development codes shall be allowed continued use, except that the lighting shall not be structurally altered so as to extend its useful life, aside from regular maintenance. If the Director determines that a nonconforming lighting fixture results in light pollution or light trespass, the Director may require the light to either be shielded, filtered, redirected, replaced with a less intense light source or otherwise modified (including removal if necessary) to eliminate the light pollution or light trespass.
      (2)   In those cases where the Director has determined that light pollution or light trespass exists, the Director may grant additional time for the property owner to remedy the light pollution or light trespass where a hardship exists. In determining if a hardship exists, the following factors shall be considered:
         (A)   The degree of difficulty in accessing the fixture;
         (B)   Financial difficulty or cost of correcting the light pollution or light trespass;
         (C)   Degree of light pollution or light trespass; or
         (D)   Other similar issues.
      (3)   When a hardship exists and a request for temporary relief from the immediate compliance of a remedy action has been submitted to the Director, the following findings shall be made to grant the relief:
         (A)   Special circumstances or conditions apply to the land, structure(s), or outdoor light fixtures for which temporary administrative relief is sought, and the circumstances or conditions are peculiar to the land, structure(s), or outdoor light fixtures and do not apply generally to the land, structure(s), or outdoor light fixtures in the neighborhood.
         (B)   The granting of the temporary administrative relief will generally be in harmony with the intent of this Section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
      (4)   When a request for temporary relief has been submitted to the Department in a hardship case, the Director shall make a determination within ten business days from the date of the submission of the request and promptly notify the applicant in writing of the decision. Temporary relief shall not exceed a period of 90 days. The Director’s determination may be appealed to the Commission within ten days of the decision. Should additional time be required, the request shall be forwarded to the Commission for review and consideration through the Temporary Use Permit process in compliance with Chapter 85.15 (Temporary Use Permits).
      (5)   The Director may forward the request for temporary relief to the Commission based upon the degree of light pollution or light trespass, costs of correcting the light pollution or light trespass, or other similar issues.
      (6)   In those cases where the Director has determined that light pollution or light trespass exists, and that adjustment or removal of the nonconforming light structure is required, the Director shall fix a time for the adjustment or removal of the nonconforming lighting fixture commensurate with the investment value and related to the depreciated value of the lighting fixture. The determination may only be made after notice to the owner.
      (7)   Where the Director has determined the continued existence of a nonconforming light is detrimental to the public health, safety or general welfare, or is a public nuisance, the use of the light may be immediately terminated or abated in compliance with the following procedure:
         (A)   A public hearing before the Commission shall be used to process this termination or abatement.
         (B)   A Notice of Termination and a copy of the findings shall be sent to the property owner at least 30 days before the public hearing. Public notice shall be given in compliance with Chapter 86.07 (Public Hearings).
         (C)   If a termination is ordered, the Commission may provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the reviewing authority by any affected person.
      (8)   In commercial and industrial land use zoning districts, 50 percent of all nonconforming lighting fixtures within parking lots or within open lot sale areas shall be turned off within one hour after closing or between the hours of 10:00 p.m. and sunrise, whichever occurs first.
         (A)   In those cases where turning off 50 percent of the nonconforming lighting fixtures would constitute a hardship, the Director may grant an administrative exemption based on the following findings:
            (I)   Special circumstances or conditions apply to the land, structure(s), or outdoor light fixtures for which temporary administrative relief is sought, and the circumstances or conditions are peculiar to the land, structure(s), or outdoor light fixtures and do not apply generally to the land, structure(s) or outdoor light fixtures in the neighborhood;
            (II)   The strict application of this Section would deprive the applicant reasonable use of the land, structure(s), or outdoor fixtures;
            (III)   The granting of the temporary administrative relief will generally be in harmony with the intent of this Section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
         (B)   When a request for an administrative exemption has been submitted to the Department in a hardship case, the Director shall make a determination within ten business days from the date of the submission of the request for an administrative exemption and promptly notify the applicant in writing of the decision. The Director shall determine the period of administrative exemption consistent with § 83.07.040(f)(8)(D). The Director’s determination may be appealed to the Commission within ten days of the decision. Should additional time be required, the request shall be forwarded to the Commission for review and consideration through the Temporary Use Permit process in compliance with Chapter 85.15 (Temporary Use Permits).
         (C)   The Director may forward the request for an administrative exemption to the Commission based upon the degree of light pollution or light trespass, costs of correcting the light pollution or light trespass or other similar issues.
         (D)   In those cases where the Director determines that turning off 50 percent of the nonconforming lighting fixtures is a hardship to the business operator, the Director shall fix a time for the termination of the use of the nonconforming lighting fixture commensurate with the investment value and related to the depreciated value of the lighting fixture. The determination may only be made after notice to the owner.
         (E)   In those cases where the Director has determined that light pollution or light trespass still exists even when 50 percent of all nonconforming lights are turned off, and that adjustment or removal of the nonconforming light structure(s) is required, the Director shall fix a time for the adjustment or removal of the nonconforming lighting fixture(s) commensurate with the investment value and related to the depreciated value of the lighting fixture. The determination may only be made after notice to the owner.
(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014)