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F. On August 17, 2009, the City Council adopted Ordinance No. NS -2791 amending the Santa Ana Municipal Code to update the City's regulation of graffiti. The planning and public works issues related to the instant Ordinance were separated from the previous ordinance in order to allow the Planning Commission and staff an opportunity to review the material. G. On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0. H. Staff also met with the utility companies serving the City to discuss the amendments, and the utility companies have no objections to the ordinance. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 33 -32.20 is added to Chapter 33 of the Santa Ana Municipal Code to read in full as follows: Sec. 33- 32.20. Standards for graffiti abatement. (a) Common Utility Colors and Paint -Type. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above - surface fixtures with a uniform paint type, specific to each company, and color that meets with the approval of the Director of Public Works, or the designee of the Director of Public Works. (b) Condition Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned: The permittee's application of an anti - graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works, or the designee of the Director of Public Works; Ordinance No. NS -2798 Page 2 of 6