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Ordinance Number 586� 1 1 ORDINANCE NO. 586 AL CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.614 OF THE MUNICIPAL CODE MODIFYING THE REGULATIONS FOR THE INSTALLATION OF EXTERIOR LIGHTING IN RESIDENTIAL AREAS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The City's Environmental Review Board has reviewed the amendment set forth herein, has determined that the amendment is a minor modification to land use limitations and therefore categorically exempt from environmental review, and has otherwise carried out all requirements of the California Environmental Quality Act as amended. B. This code amendment will modify the regulations for the installation of exterior lighting in residential areas of the City. The proposed amendment will streamline the review process and eliminate the conflict with building code requirements. C. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Introduction Based upon the findings set forth in Section 1, preceding, the following amendments to the Municipal Code set forth under Paragraph B, following, are hereby enacted: B. Amendment 1. Section 9-3.614(c)(3) is hereby amended to read as follows: "(3) Spacing - The distance separating lights shall be a minimum of 35 feet. Lights at doorway exits are exempt. Low - intensity ground -mounted lights (one (1) footcandle, maximum 18 inches in height) needed for pedestrian safety are exempt." -I- 407 2. Section 9-3.614(c)(7) is hereby amended to read as follows: "(7) Required Ministerial Review - All exterior lighting proposals set forth in the electrical plan shall be reviewed by the Department of Community Planning and Development to determine compliance with the standards set forth in this Subsection. The review shall be a ministerial, non - discretionary review as to compliance with the specific criteria set forth in Subsection (c). Exceptions to said standards may be granted by the Zoning Administrator subject to criteria set forth in Subsection 9-2.303(c) of Article 3 of Chapter 2 of this Title. A positive finding for Subsection 9-2.303(c)(1)(i) is not required for exceptions to these standards." 3. Section 9-2.303(c) is hereby amended to read as follows: "(c) Exceptions. The Planning Commission or Zoning Administrator may grant an exception subject to the criteria and limitations set forth in this subsection (c). Public notification may be deemed necessary but shall not be required in the granting of an exception. "(1) Findings. An exception may be granted provided a positive finding can be made in the following areas: "(i) That there are special physical circumstances in areas surrounding the property which justify granting the exception; "(ii) That the intent of the requirement is being met in the design of the total project; and, "(iii) That there is little potential for the exception to create a negative impact on surrounding areas. "(2) Conditions. In granting an exception, the Planning Commission or Zoning Administrator may impose whatever conditions it deems necessary to insure: "(i) The compatibility of the use with the existing and proposed uses; "(ii) That any potential negative impacts have been adequately mitigated; and, -2- 408 "(iii) Consistency with the goals, policies, and objectives of the General Plan." PASSED, APPROVED, AND ADOPTED this 2nd day of December , 1986. KENNETH E. FRIESS, MAYOR ATTEST: CITY CrK' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. 586 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 18 , 1986 , and adopted at a meeting held on December 2 , 1986, by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim (SEAL) MARY ANN ER'CITY CLERK -3-