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(5) When there is a car share vehicle located within one block of the <br />accessory dwelling unit. For the purposes of this section, "car -share <br />vehicle' shall mean part of an established program intended to stay in a <br />fixed location for at least 10 years and available to the public. <br />Sec. 41-194.11 - Non -conforming Properties. <br />(1) Legal nonconformities of the existing primary dwelling, except for legal <br />nonconformities related to the parking standards of this chapter, shall <br />be allowed to remain provided nonconformities are not expanded or <br />any new nonconformities are created. <br />(2) A lot shall comply with the current parking standards of this chapter <br />prior to or concurrent with the establishment of an accessory dwelling <br />unit. <br />Sec. 41-194.12 - Restrictive Covenant. Prior to issuance of a building permit for an <br />accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the <br />accessory dwelling unit shall be owner -occupied shall be recorded against the title of the <br />property in the County Recorder's office and a copy filed with the Planning Division. Said <br />covenant shall run with the land, and shall bind all future owners, heirs, successors, or <br />assigns. The form of the deed restriction shall be provided by the City and shall provide <br />that: <br />(1) The accessory dwelling unit shall not be sold separately from the primary <br />dwelling. <br />(2) The unit is restricted to the approval 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 />accessory dwelling unit. <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. <br />Failure of the property owner to comply with the covenant restrictions may <br />result in legal action against the property owner and the City shall be <br />authorized to obtain any remedy available to it at law or equity, including but <br />not limited to obtaining injunction enjoining use of the accessory dwelling <br />unit in violation of the recorded restrictions or abatement of the illegal unit. <br />Ordinance No. NS -2940 <br />Page 8 of 12 <br />11 A-26 <br />