Chapter 9.89 — OUTDOOR LIGHTING STANDARDS

This chapter is intended to provide standards for outdoor lighting so as to maintain ambient lighting levels as low as possible in order to enhance the city's community character and charm and maintain dark skies; provide for good visibility while maintaining minimum glare and spillage onto other properties or into the sky; and maintain safety, utility, security and productivity while enhancing nighttime enjoyment of property and the night skies. (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

All outdoor artificial lighting devices shall be installed and operated in accordance with the provisions of this chapter, and any Uniform Building Code, Uniform Electrical Code, NEC codes, NFPA codes or any other code presently or subsequently administered or adopted by the city. (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

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 alternative has been approved by the city planner. Any alternative method must meet the following criteria:

• A. The proposed design, material or method must provide protection that is equivalent to the protection specified in this chapter; and

B. The proposed alternative method must otherwise comply with the intent of this chapter. (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

For the purposes of this section, certain terms are defined as follows:

"Display lighting" means a beam of light projected into the sky.

"Individual" means any private individual, tenant, lessee, owner, or any commercial entity, including, but not limited to, companies, partnerships, joint ventures or corporations.

"Installed" means the initial installation of outdoor light fixtures, as defined in this section, following the effective date of this chapter.

"Outdoor lighting fixture" means 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 and flood lights for:

1. Buildings and structures;

2. Recreational areas;

3. Parking lot lighting;

4. Landscape lighting;

   5. Billboards and signs;

   6. Street lighting;

   7. General area and yard lighting.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

• A. Shielding. All exterior illuminating devices, except those exempt from this chapter and those regulated by Section 9.89.060 , shall be fully or partially shielded as required in Table A of this section.

  1. "Fully shielded" means the fixture 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" means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays above the horizontal.

• B. Filtration. Those outdoor light fixtures requiring a filter per Table A, shall be equipped with a filter consisting of, but not including quartz glass, a glass, acrylic or translucent enclosure.

• C. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emission from outdoor light fixtures shall be as set forth in Table A.

1. This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.

2. Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries.

   3. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.

   4. Warm white and natural lamps are preferred to minimize detrimental effects.

   5. For the purposes of this section, quartz lamps shall not be considered an incandescent light source.

   6. Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

• A. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except glass tubes (see Table A).

• B. New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded.

• C. Illuminated Awnings. The use of lighting inside a transparent or translucent ground or wall mounted awning is prohibited.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

• A. Applications.

  1. Any individual intending to install outdoor lighting fixtures (other than incandescent lights of one hundred sixty watts or less) shall submit an application to the city planner providing evidence that the proposed work will comply with this chapter.

  2. Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent lights of one hundred sixty watts or less) shall, as a part of the application, submit such evidence as may be requested to assure that the proposed work complies with this chapter.

  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. The application shall contain, but shall not necessarily be limited to, the following:

  1. Plans indicating the location on the premises, the height of the supports and fixtures, and the type of illuminating devices, fixtures, lamps, 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).

  3. The above required plans and descriptions shall be sufficiently complete to enable the city planner 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 city planner shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application.

• D. 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 the city planner for approval. Such application for amendment shall contain adequate information to assure compliance with this chapter.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

• A. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of this chapter, may indefinitely remain in use as nonconforming structures provided that no change in use, replacement, structural alteration, or restoration of outdoor light fixtures, other than bulb replacement, is made unless such change conforms to the regulations of this chapter.

• B. Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly from the combustion of natural gas or other utility type fossil fuel) are exempt from the requirements of this chapter.

• C. Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the county of Riverside, the Palm Springs Unified School District or the city and each of its political subdivisions are exempted 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 section with the following limitations:

  1. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in Table A of this chapter.

  2. No such outdoor recreational facility shall be illuminated by nonconforming means after ten p.m. except to conclude a specific recreation or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena or similar facility in progress prior to ten p.m.

• E. Vehicle dealerships meeting one of the following conditions:

  1. Any dealership located within the Auto Center Specific Plan (Specific Plan 90-53).

  2. Existing and future automobile dealerships, selling new vehicles, with frontage on East Palm Canyon Drive.

However, new dealerships and new outdoor lighting fixtures installed within existing dealerships shall comply with the shielding and filtering requirements set forth in subsection C of Section 9.89.050 of this chapter. In addition, all dealerships shall conform to Section 9.89.100 (Display Lighting Uses) of this chapter.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

• A. Request for Special Temporary Exemptions. Any individual may submit an application for a special temporary exemption to the requirements of this chapter to the city planner. Such exemptions shall not be valid for more than thirty days. The request for a special temporary exemption shall contain, at a minimum, the following information:

  1. Specific exemptions and justification for the exemptions requested;

  2. Type, use and hours of operation of the exterior light involved;

  3. Duration of time for the requested exemption;

  4. Type of lamp and calculated lumens;

  5. Total wattage of the lamp or lamps;

  6. Proposed location and height of exterior lights;

  7. Physical size of the exterior lights and the type of shielding and/or filtering provided; and

  8. Previous temporary exemptions, if any.

• B. Findings. The city planner may grant a special temporary exemption upon finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The city planner may request any additional information which would enable him to make a reasonable evaluation of the request for a special temporary exemption.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

Searchlights and laser lights may be permitted subject to the following requirements:

• A. The application for a special use permit must be received thirty days prior to the commencement of the event.

• B. Hours of operation shall be limited from dusk to ten p.m.

• C. Use of the display light(s) is limited to a maximum period of ten days per calendar year.

• D. Approval of the Federal Aviation Agency, if required, shall be obtained prior to each event and notification of permit issuance shall be sent to appropriate authorities at the Palm Springs Municipal Airport.

• E. No other permits have been issued for the same period.

• F. Searchlights shall be operated so as to avoid directing the beam at any building.

• G. Searchlights shall be so operated that the beam is not displayed at an angle greater than fortyfive degrees from the vertical.

• H. Equipment shall be kept on private property and shall not be allowed within the public right-ofway.

• I. The applicant shall be required to show evidence of insurability by having liability and property damage insurance in force at all times during the time a permit is in effect sufficient amounts to protect permittee from a liability, and to hold the city harmless from any damages, claims or causes of action by reason of the issuance of the permit and operation of a special advertising device.

• (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

Parking areas shall have lighting capable of providing adequate illumination for security and safety consistent with all outdoor lighting standards of the city, including, without limitation, those set forth in this chapter. The minimum requirement for adequate illumination is one foot candle, maintained across the surface of the parking area. Lighting shall be in scale with the height and use of the surrounding structures. Light poles and other similar free standing structures used to house outdoor lighting in off-street parking facilities shall not exceed eighteen feet in height. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way. (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

A violation of Section 9.89.050 , 9.89.060 , 9.89.070(D) or 9.89.110 of this chapter by any person responsible for committing, causing or maintaining such violations shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80 . (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

A violation of Section 9.89.050 , 9.89.060 , 9.89.070(D) or 9.89.110 of this chapter by any person responsible for committing, causing or maintaining such violations shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 13.65 , including, but not limited to, the imposition of any and all criminal penalties set forth herein. (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent conviction of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars. (Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.59, to any person responsible for committing, causing or maintaining a violation of Section 9.89.050 , 9.89.060 , 9.89.070(D) or 9.89.110 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

Note: Former § 9.89.160, derived from Ord. 602 and Ord. 862, was repealed by Ord. 892, 10/22/2025.

A violation of Section 9.89.050 , 9.89.060 , 9.89.070(D) or 9.89.110 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150 .

(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140 , including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)