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F. On August 17, 2009, the City Council adopted Ordinance No. NS-2791 <br /> amending the Santa Ana Municipal Code to update the City's regulation of <br /> graffiti. The planning and public works issues related to the instant <br /> Ordinance were separated from the previous ordinance in order to allow <br /> the Planning Commission and staff an opportunity to review the material. <br /> G. On September 14, 2009, the Planning Commission recommended that the <br /> City Council adopt an ordinance approving Zoning Ordinance Amendment <br /> No. 2009-06, and receive and file amendments to the Citywide Design <br /> Guidelines by a vote of 5:0. <br /> H. Staff also met with the utility companies serving the City to discuss the <br /> amendments, and the utility companies have no objections to the <br /> ordinance. <br /> Section 2. In accordance with the California Environmental Quality Act, the <br /> proposed project is exempt from further review. Categorical Exemption ER 2009-107 <br /> will be filed for the project. <br /> Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the <br /> City Council has determined that, after considering the record as a whole, there is no <br /> evidence that the proposed project will have the potential for any adverse effect on <br /> wildlife resources or the ecological habitat upon which wildlife resources depend. <br /> Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), <br /> the payment of Fish and Game Department filing fees is not required in conjunction with <br /> this project. <br /> Section 3. Section 33-32.20 is added to Chapter 33 of the Santa Ana Municipal <br /> Code to read in full as follows: <br /> Sec. 33-32.20. Standards for graffiti abatement. <br /> (a) Common Utility Colors and Paint-Type. Any gas, electric, telephone, <br /> water, sewer, cable, telephone and other utility operating in the City shall paint its <br /> above-surface fixtures with a uniform paint type, specific to each company, and color <br /> that meets with the approval of the Director of Public Works, or the designee of the <br /> Director of Public Works. <br /> (b) Condition Encroachment Permits. All encroachment permits issued by <br /> the City shall, among such other things, be conditioned: <br /> i. The permittee's application of an anti-graffiti material to the <br /> encroaching object of a type and nature that is acceptable to the <br /> Director of Public Works, or the designee of the Director of Public <br /> Works; <br /> <br /> Ordinance No. NS-XXX <br /> Page 2 of 6 <br /> 11 B-2 <br /> <br />