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Home My WebLink AboutNS-2798 - Amending Santa Ana Municipal Code to Update City's Regulation of Graffiti0 ORDINANCE NO. NS -2798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICPAL 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 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. Ordinance No. NS -2798 Page 1 of 6 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 • 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 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: i. Use of anti - graffiti material. Developer shall apply an anti - graffiti material of a type and nature that is acceptable to the Executive Director of Planning and Building or designee, to the publicly - viewable surfaces on the improvements to be constructed 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, 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 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 iv. Owner to immediately remove graffiti. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the city that Ordinance No. NS -2798 Page 3 of 6 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: Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti 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. 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. 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 Ordinance No. NS -2798 Page 4 of 6 0 0 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 16th day of November, APP ED AS TO FORM: Jo phi . Fletcher, City Attorney Ry O`.I dge De Uty Ci},* Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers: Mayor Alvarez, Benavides, Martinez, Pulido (4) None (0) None (0) ABSENT: Councilmembers: Bustamante, Sarmiento, Tinaiero (3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2798 to be the original ordinance adopted by the City Council of the City of Santa Ana on November 16, 2009, 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 -2798 Page 5 of 6