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with tips exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. (b) Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes, shall store or cause such items to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such items. Section 6. Section 41-638.2 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-638.2. Standards for Graffiti Abatement. 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 conditions at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other similar land use entitlement. If approved: (a) 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 to each of the publicly-viewable surfaces on the improvements to be constructed on the site deemed by the Executive Director of Planning and Building to be likely to attract graffiti ("graffiti- attracting surfaces"); and (b) Right of access to remove graffiti. Developer shall grant, in a form approved by the City Attorney a 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 from graffiti-attracting surfaces previously designated by the director, and the right to remove such graffiti; and (c) Owner to immediately remove graffiti. Developer shall provide, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same property or land, which covenant shall run with the land and be for the benefit of the city, in a form satisfactory to the city attorney, that the owner of the lots shall immediately remove any graffiti placed thereon. Section 7. 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 Ordinance No. NS-2720 Page 5 of 6