Ordinance Number 794los
ORDINANCE NO. 794
AMENDING TITLE 9 OF THE MUNICIPAL CODE -
PERMANENTLY EXPOSED STRING LIGHTS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.614 OF THE
MUNICIPAL CODE (EXTERIOR LIGHTING) ESTABLISHING RULES,
REGULATIONS AND LIMITATIONS ON THE USE OF PERMANENTLY -
EXPOSED STRING LIGHTS IN CG (GENERAL COMMERCIAL), CT
(TOURIST COMMERCIAL), FM (FARM MARKET), AND CN
(NEIGHBORHOOD COMMERCIAL) DISTRICTS OF THE CITY, ALLOWING
TEMPORARY SEASONAL EXPOSED STRING LIGHTS DURING THE
PERIOD BETWEEN THE THIRD SATURDAY IN NOVEMBER AND NEW
YEAR'S DAY, MODIFYING THE APPROVAL OF ARCHITECTURAL AND
LANDSCAPE HIGHLIGHTING APPLICATIONS FROM THE PLANNING
COMMISSION TO THE PLANNING DIRECTOR, AND AMENDING SECTION
9-3.614 TO INCORPORATE REQUIREMENTS FOR THE MAINTENANCE OF
PERMANENT STRING LIGHTS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, the City Council as part of their action in approving revised exterior
Lighting Standards for the City in June 1996, requested staff to investigate and initiate an amendment
to consider if exposed string lighting systems (white Christmas lights) should be permitted as
permanent lighting within the commercial, industrial and public institutional districts in the City.
WHEREAS, the proposed project has been processed pursuant to Section 9-2.302,
Land Use Code Amendments of the Municipal Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and issued a categorical
exemption and caused a Notice of Exemption to be posted pursuant to the City's Environmental
Review Guidelines, and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA) ; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrators determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
November 12, 1996 and January 14 and 28, 1997 pursuant to Section 9-2.313 of the Municipal Code
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to consider public testimony on the proposed code amendment and has forwarded said amendment
to the City Council with a recommendation of approval.
WHEREAS, the City Council of the City of San Juan Capistrano does hereby make
the following findings:
a. The proposed code amendment as recommended is consistent with the policies
and objectives of the San Juan Capistrano General Plan, specifically, the limited use exposed string
lighting as restricted by the amendment language would be consistent to the overall design quality
provided by the following policies of the General Plan:
(1) "To preserve historical continuity, the community should strive to
maintain authentic restoration of existing buildings of value and instill design integrity that
ensures compatibility of new development with the historical past. "
(2) "Preservation and enhancement of the historical character of the
community. "
(3) High quality, unobtrusive design of the various public and private
physical elements that make up the manmade environment. "
(4) "Standards should be established to insure high visual quality in the
design and location of sign graphics, street furniture, lighting and utilities. "
(5) "7he lighting fixtures should be designed in such a manner as to be
compatible with the character of the City. "
(6) 'Lighting placed upon buildings should be shielded, and should not
be permitted to reflect upon adjacent properties.'; and,
b. The present Municipal Code provisions of Section 9-3.614 provide for
architectural and landscape highlighting that is consistent with the above General Plan policies; and,
C. It is recognized that exposed permanent string lighting does not provide
illumination that is sufficient for pedestrian safety nor necessary to protect the public safety and
welfare; and,
d. The proposed lighting system as limited by the language of the amendment is
designed to work with and in conjunction with other highlighting methods to enhance the overall
evening appearance of commercial and institutional buildings and landscape features; and,
e. That such lighting is traditionally a temporary light source associated with the
holiday season celebrated between Thanksgiving and New Years Day.
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SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1 preceding, the following amendments
to the Municipal Code are hereby enacted:
follows:
a. Title 9, Chapter 3, Article 6, Section 9-3.314.(i) is hereby amended to read as
"Architectural and Landscape Lighting. The consideration and approval of
said type lighting shall be reviewed and approved by the Planning Director.
The Planning Director in considering such architectural and landscape
highlighting shall determine whether the lighting satisfies the criteria in
subsection (ab) and (ab) and the general guidelines developed by the
Illuminating Engineering Society noted in subsection (ac) and (ad)".
b. Title 9, Chapter 3, Article 6, Section 9-3.314.(ii) existing is hereby deleted and
subsections (aa) and (ab) are hereby incorporated into the above subsection as (ac) and (ad).
C. Title 9, Chapter 3 Article 6, Section 9-3.314.(ii), is hereby amended to read
as follows in its entirety:
"Exposed String Lighting Regulations. Exposed String Lighting is permitted subject
to the following provisions:
(aa) Exposed string lighting shall be defined as low wattage lights with individual
bulb receptecale connected by electrical wires that are exposed to the outside
surface of a plant or building feature, more specifically said lights shall be
defined as a commercially available maximum 2.8 watt system, designed for
exterior installation and use. Lights which are blinking or chasing are not
permitted.
(ab) Temporary exposed seasonal string lighting shall be permitted without permit
during the period between the third Saturday of November and New Year's
Day. Said lighting fixtures are to be removed by January 8th of each year.
(ac) Permanently exposed string lights are permitted in the CG (General
Commercial), CT (Tourist Commercial), FM (Farm Market), and the CN
(Neighborhood Commercial) Districts subject to the approval by the Planning
Director provided that all of the following criteria is satisfied:
(1) Exposed permanent string lights shalt be exclusively a white light with
a clear bulb and are limited to the lighting of living landscape features
(trees) if used in combination with other highlighting or pedestrian
lighting fixtures within the immediate area.
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in its entirety:
(2) Exposed string fights shall be limited to designated outside dinning or
display areas and main pedestrian entry to a project site.
(3) Said lighting fixtures shall require an electrical permit for installation
and shall be secured to the landscape feature with bands that will not
puncture the skin of the plant.
(4) Applications for such lighting shall be limited to one per project and
shall not involve an area greater than five (5%) percent of the building
square footage of a center/plaza nor more than fifteen (15%) percent
for a free-standing commercial building not part of a commercial
center or plaza.
(5) Approval of applications shall be made by the Planning Director upon
satisfactory compliance with the limitations and design parameters
above. Said approval shall be conditioned to include compliance with
minimum property maintenance standards of Section 9-3.627. Failure
to properly maintain the lights shall be subject to removal of said
fixtures.
(ad) Applications for exposed string lights that are not consistent with the
provisions of (ac) above shall be subject to the review and approval of the
Planning Commission."
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d. Title 9, Chapter 3, Article 6, Section 9-3.627, add subsection c.(viii) to read
"(viii) Light Fixtures. All light fixtures shall be maintained in good working
order free of broken lamps, lens and light bulbs. Furthermore, all
supporting poles and mounting fixtures shall be maintained in such a
manner as to maintain the structural integrity for which the device was
designed to support. For the purposes of this section exposed string
lights shall be maintained to insure all bulbs are in working order and
all insulation and connections are in tact and free of exposed wiring
that may cause an electrical shock or spark."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force sixty (60) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
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to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for
and against the same, in the Office of the City Clerk.
PASSED, APPROVED
March 1997.
ATTEST:
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AND ADOPTED this 18th day of
DAVID M. S /RDLLIIN, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
794 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on March 4 1 1997, and adopted at a meeting
held on March 18 1997, by the following vote:
AYES: Council Members Jones,
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
Greiner, Hart, Campbell
(SEAL)
CHERYL JO SO , CITY CLERK
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