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11B - AMENDMENT OF CHAPTER 41 OF MUNI CODE
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11B - AMENDMENT OF CHAPTER 41 OF MUNI CODE
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Last modified
4/2/2020 9:24:01 AM
Creation date
4/2/2020 8:46:27 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11B
Date
4/7/2020
Destruction Year
2025
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Sec. 41-194.4. — Historic Properties. <br />ADUs and JADUs shall conform to the United States Secretary of Interior's Official <br />Standards for the Treatment of Historic Properties. <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 />1. The JADU shall not be sold separately from the primary dwelling. <br />2. The unit is restricted to the approved size and attributes of this chapter. <br />3. The covenant restrictions run with the land and may be enforced against <br />future purchasers. <br />4. The covenant restrictions may be removed if the owner eliminates the <br />JADU. <br />5. The covenant restriction shall be enforced by the Executive Director of <br />Planning and Building or his or her designee for the benefit of the City of <br />Santa Ana. Failure of the property owner to comply with the covenant <br />restrictions may result in legal action against the property owner and the City <br />shall be authorized to obtain any remedy available to it at law or equity, <br />including but not limited to obtaining an injunction enioininq use of the JADU <br />in violation of the recorded restrictions or abatement of the illegal unit. <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 />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 />Ordinance No. NS-XXXX <br />Page 7 of 17 <br />11 B-7 <br />
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