HomeMy WebLinkAbout75B - GRAFFITI ABATEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 2, 2009
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2009-06 TO EXPAND
EXISTING STANDARDS FOR GRAFFITI
ABATEMENT AND TO AMEND THE CITYWIDE
DESIGN GUIDELINES
` ~ -~.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-06.
2. Adopt an ordinance modifying Chapter 33 of the Santa Ana Municipal
Code relating to graffiti abatement for utility fixtures in the
public right of way.
3. Receive and file amendments to the Citywide Design Guidelines.
PLANNING COMMISSION ACTION
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 (Leo absent) to expand existing standards for Graffiti
Abatement and to amend the Citywide Design Guidelines. The Planning
Commission made no changes to the modifications outlined in the attached
staff report (Exhibit A).
In addition, Chapter 33 will be amended consistent with the Graffiti Task
Force's recommendations for abatement of graffiti placed on above ground
utility fixtures. The amendment will give the City additional tools to
require standardized colors for above ground fixtures, application of
anti-graffiti coating to newly installed fixtures, and removal of, or
painting over, graffiti in a timely manner. Staff has met with the
utility companies serving the City to discuss the amendments. The
utilities have no objections.
75B-1
Zoning Ordinance Amendment No. 2009-06
November 2, 2009
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
_~ v~
J~y_ . Trevino
Executive Director
Planning & Building Agency
/c~•~ ~'zi~ ~2~Z~iZ'
George varez
Acting Executive Director
Public Works Agency
OS:rb
oe\Reports\Graffiti ZOA\zoa09-06 Graffiti.cc
75B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 14, 2009
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2009-06 TO EXPAND
EXISTING STANDARDS FOR GRAFFITI
ABATEMENT AND TO AMEND THE CITYWIDE
DESIGN GUIDELINES
Prepared by Octavio Silva
Executive Director
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Planning M ger
RECOMMENDED ACTION
Recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-06.
2. Receive and file amendments to the Citywide Design Guidelines.
DISCUSSION
Request of Applicant
The City of Santa Ana is initiating a request to amend Chapter 41 of the
Santa Ana Municipal Code (SANG) and to create design and development
guidelines to provide graffiti mitigation measures for major
rehabilitation and new development projects.
Background
Covering an area of approximately 27.2 square miles, the City of Santa
Ana has large commercial and industrial areas as well as miles of bike
trails and flood channels. As a large urbanized area, the City faces a
number of issues, one of which is graffiti. Graffiti is a visual blight
in the community and approximately 5,000,000 square feet of graffiti is
abated from public and private property annually.
In order to address graffiti, the Graffiti Task Force was established in
2006. It is comprised of multiple city agencies with representatives
from Public Works, Police, Parks and Recreation, Planning and Building,
Community Development, City Attorney and the Santa Ana Unified School
District deals with graffiti related issues.
EXHIBIT A
75B-3
Zoning Ordinance Amendment No. 2009-06
September 14, 2009
Page 2
The Planning Division goals for the 2009 Graffiti Task Force Action Plan
include amending the SAMC in order to strengthen existing graffiti
mitigation measures. A second goal involves amendments to the City-Wide
Design Guidelines to add graffiti mitigation measures.
Appropriate development standards have been identified as an important
factor in the long-term effort to combat graffiti and graffiti related
crimes (Exhibit 1). While graffiti mitigation regulations currently
exist within Chapter 41 of the SAMC, a need to strengthen existing
standards and guidelines has been identified.
Analysis of the Issues
In August of 2006, the City of Santa Ana amended various chapters of the
SAMC to address graffiti related concerns, which included standards for
graffiti abatement within Chapter 41. The Planning Division's
implementation of graffiti abatement standards occurs through the City's
Site Plan Review Process. The Site Plan Review Process is the method by
which City agencies review development project submittals and identify the
requirements and conditions of approval for a development project, such as
increased landscaping along perimeter fences and the use of decorative
stone and materials on blank building surfaces in order to deter graffiti.
The Citywide Design Guidelines also provide architectural and landscaping
recommendations to prevent graffiti.
Chapter 41 Amendments
The proposed code amendments to Chapter 41 of the SAMC would expand
existing Standards for Graffiti Abatement by including specific graffiti
mitigation measures, such as the use of protective coatings, lighting,
non-solid fencing, water projection systems and landscaping as a means to
deter graffiti. As part of a Santa Ana Police Department survey of
existing anti-graffiti standards, it was determined that municipalities
are currently utilizing such measures to mitigate graffiti (Exhibit 2).
Additional code amendments to Chapter 41 of the SAMC include a provision
for the retro-fitting of existing graffiti-attracting surfaces.
75B-4
Zoning Ordinance Amendment No. 2009-06
September 14, 2009
Page 3
Citywide Design Guideline Amendments
The proposed amendment to the Citywide Design Guidelines is intended to
provide supplementary design guidance with issues not explicitly stated in
the SAMC (Exhibit 3). The proposed Graffiti Mitigation Guidelines include
design recommendations relating to the treatment of blank walls and
surfaces, the use of scratch resistant glass and enhanced landscaping to
prevent graffiti through design. The new guidelines would act as a
reference to implement graffiti mitigation requirements in a functional
and aesthetically pleasing manner.
The Citywide Design Guidelines were developed in 2006. According to the
municipal code, amendments to these guidelines are established by the
Executive Director of the Planning and Building Agency, who will include
input as may be provided by the Planning Commission. Thereafter these
amendments are submitted to the City Manager with copies to the Mayor and
City Council. The City Council may choose at its next regularly scheduled
meeting to set the item for discussion; otherwise the proposed changes
will be incorporated into the Citywide Design Guidelines.
On August 3, 2009 the City Council adopted an ordinance adding Article IV
to Chapter 10 of the SAMC related to anti-graffiti measures. Additional
Changes to Chapter 41 of the SAMC were referred to the Planning
Commission. As a result of a thorough analysis, and consist with the
Graffiti Task Force's 2009 Anti-Graffiti initiatives, staff recommends
that the Planning Commission adopt Zoning Ordinance Amendment No. 2009-
06 as proposed.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15321.
Categorical Exemption Environmental Review No. 2009-107 will be filed for
this project.
f'
Octavio Silva
Assistant Planner I
OS:jm
M:\Reports\Graffiti ZOA\zoa09-06 Graffiti.pc
Verny Carvajal
Senior Planner
75B-5
Chapter 41 Proposed Graffiti Revisions:
Sec. 41-638.2. Standards for graffiti abatement.
(a) Condition Tentative Maps. In approving tentative or parcel maps,
conditional use permits, variances, or other similar land use entitlements, the city shall
consider imposing any or all related of the following conditions, or other similar or
related conditions, at the public hearing required by law for approval of the tentative or
parcel map, conditional use permit, variance or other similar land use entitlement~#
~:
{a}i. Use of anti-graffiti material. Developer shall apply an anti-graffiti
material of a type and nature that is acceptable to the °~~^~~e
Executive Director of Planning
and Building or designee, to easy--ef the publicly-viewable
surfaces on the improvements to be constructed en at the site
deemed by the
Executive Director of Planning and Building, or designee, to be
likely to attract graffiti " ;
{#~ii. Right of access to remove graffiti. Developer shall grant, +n-a-#er~
prior to resale of any of the
parcels that are within the territory of the map, the right-of-entry
over and access to such parcels, upon forty-eight (48) hours of
posting of notice by authorized city employees or agents, to the city
for the purpose of removing or "painting over" graffiti;
iii. Supply City with Graffiti-Removal Material. Developer shall,
for a period of two (2) years after the resale of the final lot,
provide the City with sufficient matching paint and/or anti-
graffiti material on demand for use in the painting over or
removal of graffiti; or
{s}iv. Owner to immediately remove graffiti. Developer shall Vie,
either as part of the general conditions, covenants and restrictions,
or as separate covenants recorded against individual lots, prior to
resale of any of the parcels, w#isk~
covenant ,.h.,ll .- ..~4L, ~h° L+.+.d .+.+.J h.~. f.~.r 4h° h°n°fif n4' +h° niFv ~n
ZOA 09-6
7~8~ 1
a form satisfactory to the city y~ that the owner of the lots
shall immediately remove any graffiti placed thereon.
(b) Design of Potential Graffiti-Attracting Surfaces. Any applicant for
design review approval, conditional use permit, special use permit, unclassified
use permit, development agreement, or other form of development or building
permit shall, to the extend deemed feasible by the Executive Director of Planning
and Building or designee, have designed any building structures visible from any
public or quasi-public place is such a manner to consider prevention of graffiti,
including, but not limited to the following:
i. Use of a protective coating to provide for the prevention of or
the effective and expeditious removal of graffiti
ii. Use of additional lighting as a means of deterrence
iii. Use of non-solid fencing
iv. Use of landscaping designed to cover large expansive walls
such as ivy or similar clinging vegetation;
v. Use of architectural design to break up long, continuous walls
or solid areas; or
vi. Use of a water projection system activated by a motion sensor.
(c) Retro-Fit Existing Graffiti-Attracting Surfaces: Non-Residential
Structures. The following provisions may be incorporated in a graffiti eradication
order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of
the City and/or hearing officer.
i. At Owner's Expense. Any surface of a structure on a parcel of
land used for non-residential purposes that has been defaced
with graffiti more than five (5) times in a twelve (12) month
period shall be declared a public nuisance and required to be
retrofitted, at the cost of the property owner, with features or
qualities as may be established by the City as necessary to
reduce the attractiveness of the surface for graffiti, or as
necessary to permit more convenient or efficient removal of
graffiti. In exercising the authority hereunder, the City may not
impose a cost on the property owner of an amount greater
than that established or approved by City Council.
75B-7
ii. At City's Cost. The owner of property used for non-residential
purposes on which is located a surface of a structure that has
been defaced with graffiti more than five (5) times in a twelve
(12) month period shall permit the City to enter the property
and, at the City's cost, make modifications as necessary to
reduce the attractiveness of the surface for graffiti, or as
necessary to permit more convenient or efficient removal of
graffiti.
75B-8
Typical Anti-Graffiti Measures in California
City Existing
Anti-Graffiti Measures
The City of Stockton, California "The design shall include an appropriate mix
of materials and landscaping subject to the
approval of the Director, including materials
designed to discourage graffiti (i.e. vines,
shrubs with thorns, etc.)."
The City of La Mesa, California "Landscaping shall be installed to provide
screening of blank building or retaining
walls to discourage graffiti. A dense row of
trees or vines which will climb to cover
blank wall areas shall be utilized. In
addition, shrubs which exhibit thorns may
also be utilized to inhibit access to the wall
area. The landscaping should be designated
to provide substantial coverage of the wall
within aone-year period after installation."
The City of Turlock, California "Design of graffiti attracting surfaces:
Developer shall design all graffiti attracting
surfaces in a manner which limits or
prevents the defacement of such surface
with graffiti. Acceptable method of design
includes, but is not limited to, the use of
landscaping, anti-graffiti materials, and the
physical orientation of such structures."
The City of Huntington Beach, "Wall/fence design should complement the
California project's architecture. Landscaping should
be used to soften the appearance of wall
surfaces. Walls and fences within front and
exterior side yards of commercial sites
should be avoided. Unless walls are
required for screening or security purposes
they should be avoided. Security fencing
should incorporate solid pilasters, or short
solid wall segments and view fencing. The
design of security fencing should be
enhanced. Long expanses of fence or wall
surfaces should be offset and architecturally
designed to prevent monotony. Landscape
pockets (12 feet wide by 3 feet deep)
should be provided at 70 foot minimum
intervals along the wall."
ZOA 09-6
E _2p
CHAPTER 17 -GRAFFITI MITIGATION GUIDELINES
Chapter 17
Graffiti Mitigation
Guidelines
^ Utilize design features to reduce
the opportunity for graffiti and
associated vandalism.
^ Incorporate graffiti mitigation
measures in the design of new
and rehabilitated development
projects.
17.1 INTRODUCTION
The Graffiti Mitigation Guidelines are
intended to assist site designers and
developers in implementing the City's
goals to prevent graffiti and reduce
visual blight. This Chapter provides
guidance in the development and
rehabilitation of all residential,
commercial and industrial sites.
Graffiti Mitigation Guidelines should
be incorporated into the design
phase of a project to ensure a quality
and graffiti-free development.
Figure 17-1: Increased landscaping provides
coverage along blank walls and surfaces
^ Include graffiti mitigation
measures, such as increased
landscaping and lighting that
complement the aesthetic
character of the site.
Figure 17-2: The planting of shrubs and use of
architectural design discourage graffiti
17.3 GRAFFITI MITIGATION THROUGH
ARCHITECTURAL DESIGN
The following building design and site
improvements should be considered
in order to minimize graffiti attracting
surfaces:
~ 7.Z GENERAL DESIGN OBJECTIVES
The objectives of these guidelines are
to encourage well designed
developments that:
^ Building Facades should be
articulated with architectural
elements and details. Vertical
and horizontal offsets should be
provided to minimize large
blank walls.
CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES
PAGE 17- 1
ZOA 09-6
75o"'r~'I' 3
CHAPTER 17 -GRAFFITI MITIGATION GUIDELINES
n
Building walls should be
improved with architectural
treatments such as stacked
stone or decorative accents to
limit blank walls and open
surfaces.
Figure 17-3: Architectural treatments such as
stacked stone or natural stone are highly
encouraged
Avoid building designs that
allow for easy roof access.
Access to the roof should be
from an interior location and
method.
All commercial or industrial
store fronts should be improved
with durable scratch-resistant
glass or film to discourage
vandalism.
Long expanses of perimeter
fencing or walls should be offset
and architecturally designed to
prevent monotony.
Anti-graffiti coatings should be
applied to all business
identification signs.
^ Provide landscaping such as
vines at regular intervals to
screen blank building walls and
perimeter fencing. The
landscaping should be
designated to provide
CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES
^ The design of refuse, storage
and equipment areas should
incorporate landscaping to
screen blank and open
surfaces.
^ Careful consideration should be
placed on the location of
refuse, storage and equipment
enclosures in order to restrict
accessibility to roof areas.
Figure 17-4: Avoid building designs that allow
for easy roof access
17.4 LANDSCAPING
Landscaping should be considered
an important design element in the
mitigation of graffiti and graffiti
related vandalism.
The following landscape design
concepts should be utilized in order to
minimize graffiti:
PAGE 17- 2
75B-11
CHAPTER 17 -GRAFFITI MITIGATION GUIDELINES
substantial coverage of walls
within aone-year period after 17.5.1 LIGHTING
installation.
^ Recommended landscape
vines include: Boston Ivy
(Parfhenocissus tricuspidata)
and Fig Ivy(Ficus pumila)
Figure 17-4: Example of landscaping vines
providing building wall screening.
^ Self-protecting landscaping or
shrubs that exhibit thorn like
features may also be utilized to
inhibit access to wall areas.
^ The placement of planters and
flower pots in building recesses
and adjacent to blank walls is
highly recommended.
17.5 SECURITY EQUIPMENT
The use of security equipment as a
graffiti mitigation measure is an
important factor in the deterrence of
graffiti.
The following security systems are
recommended in order to minimize
graffiti:
^ Security lighting should be
designed as a part of a
comprehensive lighting plan.
^ Security lighting should be
provided around the perimeter
of all buildings and parking
areas.
^ Security light fixtures and
structural supports should be
architecturally compatible with
the theme of the development.
17.5.2 MOTION ACTIVATED SYSTEMS
^ The use of motion activated
systems as a means to deter
graffiti is highly recommended.
Systems include water
projection mechanisms that
sense motion and exhibit water
from dedicated sprinkler lines.
Figure 17-6: Isolated areas in which motion
activated systems would be ideal to deter
graffiti.
CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES
PAGE 17- 3
75B-12
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICIPAL CODE TO UPDATE THE CITY'S
REGULATION OF GRAFFITI.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Council finds and determines that the spread of graffiti on
public and private buildings, walls, signs and other structures or
places or other surfaces causes blight within the City, resulting in a
genuine threat to life, incalculable economic losses to businesses in
terms of physical property, profits and goodwill, and the general
deterioration of property and business values for adjacent and
surrounding properties.
B. The Council further finds and determines that the impacts of graffiti
are far beyond the cost of cleanup or removal. Not only is graffiti a
property crime, but a social crime on the quality of life and freedom
from intimidation citizens desire within their neighborhoods.
C. The City Council intends, through the adoption of this Ordinance, to
expand existing standards for Graffiti Abatement and to amend the
Citywide Design Guidelines. In addition, this Ordinance adopts
recommendations for the abatement of graffiti placed on above
ground utility fixtures, including additional tools to require
standardized colors for above ground fixtures, application of anti-
graffiti coating to newly installed fixtures, and removal of, or
painting over, graffiti in a timely manner.
D. The City Council is authorized to enact this Ordinance pursuant to
its police powers as specified in Section 200 of the City Charter, as
well as various provision of State Law including Sections 1714, et
seq. of the California Civil Code and Sections 38772, et seq. of the
California Government Code.
E. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
Ordinance No. NS-XXX
758-13 Page 1 of 6
Section 418 of the City Charter. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather
such provisions are repeated for tracking purposes only in
conformance with the Charter.
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:
Ordinance No. NS-XXX
Page 2 of 6
75B-14
i. 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;
ii. The permittee's removal of any graffiti within 48 hours,
excluding weekends or holidays, after notification;
iii. The City's right to remove graffiti or to paint the
encroaching object upon the permittee's failure to
remove the graffiti within 48 hours, excluding weekends
or holidays, after notification; or
iv. The permittee's providing the City with sufficient
matching paint and/or anti-graffiti material on demand
for use in the painting of the encroaching object
containing graffiti.
Section 4. Section 41-638.2 of the Santa Ana Municipal Code is hereby
amended to read as follows:
Sec. 41-638.2. Standards for graffiti abatement.
(a) Condition Tentative Maps. In approving tentative or parcel maps,
conditional use permits, variances, or other similar land use entitlements, the city
shall consider imposing any or all ~elat~d of the following conditions, or other
similar or related conditions, at the public hearing required by law for approval
of the tentative or parcel map, conditional use permit, variance or other similar
land use entitlement.
~a~}i. Use of anti-graffiti material. Developer shall apply an anti-
graffiti material of a type and nature that is acceptable to the
e~ces~ ~'+~~~es+~^~pta^^,,,~~aed-h~ ~g Executive
Director of Planning and Building or designee, to eask~e#
the publicly-viewable surfaces on the improvements to be
constructed e~ at the site deemed by the
Executive Director of Planning
and Building, or designee, to be likely to attract graffiti
e
{iii. Right of access to remove graffiti. Developer shall grant, +n-~
prior to resale of any
of the parcels that are within the territory of the map, the
right-of-entry over and access to such parcels, upon forty-
eight (48) hours e# posting of notice by authorized city
Ordinance No. NS-XXX
758-15 Page 3 of 6
employees or agents, to the city for the purpose of removing
or "painting over" graffiti; frnm ^r•+ffi+~ ^~+r~n+in,-~ ~~ ~.f.~^°~
,,.°.,,^„~~., .,,+°,+ "„ e-^'a„{~st~r aid-~#e-ri #t~e
~ ~r-~~~~~# g
iii. Supply City with Graffiti-Removal Material. Developer
shall, for a period of two (2) years after the resale of the
final lot, provide the City with sufficient matching paint
and/or anti-graffiti material on demand for use in the
painting over or removal of graffiti; or
{s}iv. Owner to immediately remove graffiti. Developer shall
prav+de, either as part of the general conditions, covenants
and restrictions, or as separate covenants recorded against
individual lots, prior to resale of n.m° ^r^^°~*~~ ^r '°^^' any
of the parcels, w#+s#~ covenant °"°" r„^ .•,;+" +"° '°^,+ °^,+
"° fnr +"° h°n°fi+ ^+ +h° ~;+.,, in a form satisfactory to the city
~ that the owner of the lots shall immediately remove
any graffiti placed thereon.
(b) Design of Potential Graffiti-Attracting Surfaces. Any applicant
for design review approval, conditional use permit, special use permit,
development agreement, or other form of development or building permit
shall, to the extent deemed feasible by the Executive Director of Planning
and Building or designee, have designed any building structures visible
from any public or quasi-public place is such a manner to consider
prevention of graffiti, including, but not limited to the following:
i. Use of a protective coating to provide for the prevention
of or the effective and expeditious removal of graffiti
ii. Use of additional lighting as a means of deterrence
iii. Use of non-solid fencing
iv. Use of landscaping designed to cover large expansive
walls such as ivy or similar clinging vegetation;
v. Use of architectural design to break up long, continuous
walls or solid areas; or
vi. Use of a water projection system activated by a motion
sensor.
(c) Retro-Fit Existing Graffiti-Attracting Surfaces: Non-Residential
Structures. The following provisions may be incorporated in a graffiti
Ordinance No. NS-XXX
Page 4 of 6
75B-16
eradication order issued pursuant to Article VII of Chapter 17 of this Code,
at the discretion of the City and/or hearing officer.
i. At Owner's Expense. Any surface of a structure on a
parcel of land used for non-residential purposes that
has been defaced with graffiti more than five (5) times in
a twelve (12) month period shall be declared a public
nuisance and required to be retrofitted, at the cost of the
property owner, with features or qualities as may be
established by the City as necessary to reduce the
attractiveness of the surface for graffiti, or as necessary
to permit more convenient or efficient removal of graffiti.
In exercising the authority hereunder, the City may not
impose a cost on the property owner of an amount
greater than that established or approved by City
Council.
ii. At City's Cost. The owner of property used for non-
residential purposes on which is located a surface of a
structure that has been defaced with graffiti more than
five (5) times in a twelve (12) month period shall permit
the City to enter the property and, at the City's cost,
make modifications as necessary to reduce the
attractiveness of the surface for graffiti, or as necessary
to permit more convenient or efficient removal of graffiti.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of , 2009
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Ordinance No. NS-XXX
75B-1 ~ Page 5 of 6
Joseph W. Fletcher, City Attorney
Ryan O. Hodge
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ,Clerk of the Council, do hereby attest to and
certify that the attached Ordinance No. NS-XXX to be the original ordinance
adopted by the City Council of the City of Santa Ana on ,and
that said ordinance was published in accordance with the Charter of the City of
Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 6 of 6
75B-18