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8. Whether the property is in compliance with the then existing laws and <br />regulations otherwise applicable to the property that is the subject of <br />the request. If any non-compliance is through no fault of the <br />applicant or unrelated to the request for reasonable accommodation, <br />the Executive Director may waive this requirement. However, such a <br />waiver shall not preclude the City from requiring that the existing <br />violations be corrected in accordance with the Santa Ana Municipal <br />Code. <br />(b) Conditions of Approval. In granting a request for reasonable <br />accommodation, the Executive Director of the Planning and Building Agency may <br />impose any conditions of approval deemed reasonable and necessary to ensure <br />that the reasonable accommodation will comply with the findings required by this <br />section. Conditions may be imposed to ensure that any removable structures or <br />physical design features that are constructed or installed in association with the <br />reasonable accommodation be removed once those structures or physical design <br />features are unnecessary to afford the individual with a disability for whom the <br />reasonable accommodation was granted the use and enjoyment of the dwelling. <br />(c) Restrictive Covenant. When applicable, the City shall enter into a <br />restrictive covenant with the owner of the property which provides that prior to any <br />sale, transfer, lease or other conveyance of the property, or at the time the need for <br />the reasonable accommodation is no longer necessary, that the owner of the <br />property shall bring the property into conformance with the City's zoning code to the <br />extent that relief was provided under the zoning code as part of the request for <br />reasonable accommodation. The restrictive covenant shall be recorded against the <br />property being granted the reasonable accommodation. The restrictive covenant <br />shall provide that the reasonable accommodation does not run with the land and <br />shall terminate upon any sale, transfer, lease or other conveyance of the property. <br />Upon submittal of a new application for a successor in interest to the property, the <br />Executive Director may consider a continuation of the reasonable accommodation if <br />it is consistent with and does not extend the original approval. <br />Section 7. Section 41-655 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 41-655. Reasonable Accommodation - Miscellaneous Provisions. <br />(a) Time Extension; Voidance; Revocation. Any reasonable <br />accommodation approved in accordance with the terms of this Article may be <br />extended, voided, or revoked for the same reasons and in the same manner as a <br />conditional use permit, as detailed in Article V of this Chapter, or for any violations <br />of this Article, or for any violations of the terms and conditions of the reasonable <br />accommodation, or if any law is violated in connection with the use of the <br />reasonable accommodation. <br />Ordinance No. NS-XXX <br />11 A-5 Page 5 of 7