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ii. The permittee's removal of any graffiti within 48 hours, excluding <br />weekends or holidays, after notification; <br />iii. The City's right to remove graffiti or to paint the encroaching object <br />upon the permittee's failure to remove the graffiti within 48 hours, <br />excluding weekends or holidays, after notification; or <br />IV. The permittee's providing the City with sufficient matching paint <br />and/or anti - graffiti material on demand for use in the painting of the <br />encroaching object containing graffiti. <br />Section 4, Section 41 -638,2 of the Santa Ana Municipal Code is hereby amended to <br />read as follows. <br />Sec. 41- 538.2. Standards for graffiti abatement. <br />(a) Condition Tentative Maps. In approving tentative or parcel maps, <br />conditional use permits, variances, or other similar land use entitlements, the city shall <br />consider imposing any or all of the following conditions, or other similar or related <br />conditions, at the public hearing required by law for approval of the tentative or parcel <br />map, conditional use permit, variance or other similar land use entitlement: <br />i. 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 or designee, to the publicly. <br />viewable surfaces on the improvements to be constructed at the <br />site deemed by the Executive Director of Planning and Building, or <br />designee, to be likely to attract graffiti; <br />U. Right of access to remove graffiti. Developer shall grant, prior to <br />resale of any of the parcels that are within the territory of the map, <br />the right -of -entry over and access to such parcels, upon forty -eight <br />(48) hours posting of notice by authorized city employees or <br />agents, to the city for the purpose of removing or "painting over" <br />graffiti; <br />iii. Supply City with Graffiti- Removal Material. Developer shall, for a <br />period of two (2) years after the resale of the final lot, provide the <br />City with sufficient matching paint and /or anti- graffiti material on <br />demand for use in the painting over or removal of graffiti; or <br />IV . Owner to immediately remove graffiti. Developer shall, either as <br />part of the general conditions, covenants and restrictions, or <br />separate covenants recorded against individual lots, prior to resale <br />of any of the parcels, covenant in a form satisfactory to the city that <br />Ordinance No NS -2798 <br />Page 3 or 6 <br />City of Santa Ana GRSC Services RFP — Page 53 <br />