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<br />aerosol containers or marker pens to be stored in an area <br />viewable by, but not accessible to, the public in the regular <br />course of business without employee assistance, pending <br />legal sale or disposition of such marker pens or paint <br />containers. <br /> <br />(b) <br /> <br />Every person who owns, conducts, operates or manages a <br />retail commercial establishment selling masonry or glass drill <br />bits, carbide drill bit, glass cutlers, grinding stones, awls, <br />chisels or carbide scribes, shall store or cause such items to <br />be stored in an area viewable by, but not accessible to, the <br />public in the regular course of business without employee <br />assistance, pending legal sale or disposition of such items. <br /> <br />Section 6. Section 41-638.2 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br /> <br />Sec. 41-638.2. Standards for Graffiti Abatement. <br /> <br />In approving tentative or parcel maps, conditional use permits, variances, or <br />other similar land use entitlements, the city shall consider imposing any or all <br />related conditions at the public hearing required by law for approval of the <br />tentative map, conditional use permit, variance or other similar land use <br />entitlement. If approved: <br /> <br />(a) Use of anti-graffiti material. Developer shall apply an anti-graffiti <br />material of a type and nature that is acceptable to the Executive <br />Director of Planning and Building to each of the publicly-viewable <br />surfaces on the improvements to be constructed on the site <br />deemed by the Executive Director of Planning and Building to be <br />likely to attract graffiti ("graffiti-attracting surfaces"); and <br /> <br />(b) Right of access to remove graffiti. Developer shall grant, in a form <br />approved by the City Attorney a right-of-entry over and access to <br />such parcels upon forty-eight (48) hours of posting of notice by <br />authorized city employees or agents to the city for the purpose of <br />removing or "painting over" graffiti from graffiti-attracting surfaces <br />previously designated by the director, and the right to remove such <br />graffiti; and <br /> <br />(c) Owner to immediately remove graffiti. Developer shall provide, <br />either as part of the conditions, covenants and restrictions, or as <br />separate covenants recorded against individual lots, prior to resale <br />of same property or land, which covenant shall run with the land <br />and be for the benefit of the city, in a form satisfactory to the city <br /> <br />Ordinance No. NS-XXX <br />Page 6 of 7 <br /> <br />50A-8 <br />