FULL PACKET_2011-03-21 - Laserfiche WebLink

Home Browse Search

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