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<br />Ordinance No. NS-XXXX <br />Page 7 of 17 <br /> <br /> <br /> <br />placed or constructed so as to result in a modification to or impact upon the existing <br />historic resource on the parcel, a certificate of appropriateness shall be issued by the <br />Historic Resources Commission upon the finding that the proposed unit conforms to the <br />United States Secretary of Interior's Official Standards for the Treatment of Historic <br />Properties and does not substantially change the character and integrity of the historic <br />property. <br /> <br />Sec. 41-194.5 Restrictive Covenant. <br />Prior to issuance of a building permit for a JADU, a covenant consenting that either the <br />primary dwelling unit or the JADU be owner-occupied shall be recorded against the title <br />of the property in the County Recorder’s office and a copy filed with the Planning <br />Division. Said covenant shall run with the land, and shall bind all future owners, heirs, <br />successors, or assigns. The form of the deed restriction shall be provided by the City <br />and shall provide that: <br /> <br />1. The JADU shall not be sold separately from the primary dwelling. <br /> <br />2. The unit is restricted to the approved size and attributes of this chapter. <br /> <br />3. The covenant restrictions run with the land and may be enforced against <br />future purchasers. <br /> <br />4. The covenant restrictions may be removed if the owner eliminates the <br />JADU. <br /> <br />5. The covenant restriction shall be enforced by the Director of Planning and <br />Building or his or her designee for the benefit of the City of Santa Ana. Failure <br />of the property owner to comply with the covenant restrictions may result in <br />legal action against the property owner and the City shall be authorized to <br />obtain any remedy available to it at law or equity, including but not limited to <br />obtaining an injunction enjoining use of the JADU in violation of the recorded <br />restrictions or abatement of the illegal unit. <br /> <br />Sec. 41-194.6. – Appeals of Executive Director decision. <br />Any person wanting to appeal the determination of the Executive Director of the <br />Planning and Building Agency, or his/her designee, to disapprove plans and drawings <br />submitted pursuant to section 41-194, et seq., or to the standards of section 41-194, et <br />seq., may file an application for a minor exception pursuant to Article V of this chapter. <br /> <br />Sec. 41-194.7 – Applicability to other regulations. <br />Accessory dwelling units and junior accessory dwelling units must comply with any and <br />all applicable regulations imposed in other articles of the zoning code, other city <br />ordinances and state and federal law. Should a conflict exist between the provisions of <br />5- 17