MUP 2004-459It.
•
7 of La Quintu
Lmunity Development Department
95 Calle Tampico
Winta, California 92253
) 777-7125 FAX: (760) 777-1233
OFFICE USE ONLY
Case No. muf Oq^159
Date Recvd.?-111104
Fee: # 15
Related Apps.:
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kTION FOR MINOR USE PERMIT APPROVAL
MINOR USE PERMIT applications are reviewed and approved by the Community Development Director
pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring
the permit do not have an adverse impact on surrounding properties, residents, or businesses.
APPLICANT
Lt
(Print)
MAILING ADDRESS / 6L�/L � Phone No.
CITY, STATE, ZIP: CaIA) i �. 1�v �� Fax No.
PROPERTY OWNER (If different): -5AM
(Print)
MAILING ADDRESS: S�4 tit & Phone No.
CITY, STATE, ZIP:
PROJECT LOCATION: SAA4 C
Fax No.
PROPOSED USE AND/OR CONSTRUCTION (Including operational information):
(attach sheets if neededl
LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): A Pi(/ 1JO, 77 �1- 095 - 0,2 D
SUBMISSION REQUIRFME S:
❑ Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff).
Five (5) sets of plans on 8'/z" x I I" sheet or folded down to 8'/z" x I I".
❑ Filing fee for Minor Use Permit. If filing multiple applications, the most expensive application will be
charged full fee, with remaining related applications discounted 50% for each. This discount does not apply
to Environmental Information form.
NAME OF APPLICANT ff03 le u S SeCC
(Please Print
SIGNATURE OF APPLICANT
NAME OF PROPERTY OWNS
DATE
(Please Print)
SIGNATURE OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT: DATE
(Signature provides consent for applicant to use site for proposed activity).
DATE
(Separate written authority by owner to submit application may be provided)
NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE
GROUNDS FOR DENYING APPLICATION.
A 18\Minor Use Permit
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLS TAMPICO (760) 777-7000
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
May 31, 2005
Joseph Russell
1900 E. Ocean Blvd. #106
Long Beach, CA 90802
HU- COPY
SUBJECT: Approval for Minor Use Permit 2004-459
Dear Mr. Russell:
Your request for Minor Use Permit 2004-459 to allow the construction for a
new custom guest casita at 53-385 Eisenhower Drive is hereby approved.
Enclosed is the approved original Deed Restriction for this Minor Use Permit.
It must be signed by the owner in front of a Notary Public. The original
approved documents are then to be recorded with the County Recorder, with
a recorded copy given to us for our files. Until the recorded copy is
received, your Minor Use Permit is not complete. After we receive our copy,
the process is complete.
Should you have any questions, please call me at (760) 777-7070.
Very truly yours,
TIM NGUY
Assistant anner
p:\mup LA 2004-459.doc
i
RECORDING REQUESTED BY:
Joseph Russell
53385 Eisenhower Dr
La Quinta, CA 92253
WHEN RECORDED PLEASE MAIL TO:
Joseph Russell
53385 Eisenhower Dr
La Quinta, CA 92253
n
L I
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
53-385 EISENHOWER DRIVE, LA QUINTA, CALIFORNIA
This Covenant and Agreement are made and executed this 311H of May
2005 by Joseph Russell as the recorded owner(s) of the property described herein.
The City of La Quinta, a Municipal Corporation, is hereby made a party to this
Agreement for the purposes set forth below.
The undersigned hereby certifies that he/she is the property owner of the
following described real property in the City of La Quinta, County of Riverside,
State of. California:
LOT 8, BLK. 774, PG. 350, SANTA CARMELIA VALE LA QUINTA UNIT 20,
in the City of La Quinta, County of Riverside, State of California
In consideration of the City of La Quinta issuing a building permit for certain
improvements which will be constructed on said property, the undersigned does
hereby covenant and agree to, and with said City, to restrict the use of said
property as follows:
1. The guest house may not be rented nor sold independent of the main single-
family residence (Minor Use Permit No. 2005-459;
2. No kitchen or cooking facilities shall be constructed in the guest house per
the provisions of Chapter 9.30.030 (RL Zone District) and 9.60.1 10 (Guest
Houses) of the La Quinta Municipal Code;
3. All on-site facilities are intended for the sole occupancy of the property
owner(s), guests, and caretakers (i.e., a maid and/or housekeeper, etc.); and,
4. The guest house shall be used primarily as a sleeping facility, and shall be
maintained in accordance with all zoning and other codes as set forth in the
La Quinta Municipal Code, as may be amended from time to time.
This Covenant and Agreement shall run with the land and shall be binding
upon future owners, their successors, heirs, or assigns, and ourselves, and shall
continue in effect while said accessory building remains on the real property or
unless otherwise released by the authority of the City of La Quinta. All leases of
said dwelling and/or property shall be subject to this restriction. This Agreement
shall be entitled to the remedy of injunctive relief in addition of any remedy in law
or equity.
This Covenant and Agreement and the provisions hereof are irrevocable,
except by the written consent of all parties to the agreement, including the City of
La Quinta, a Municipal Corporation. The City shall have the right to enforce each
and every provision hereof and the parties agree that the Agreement shall not be
rescinded, revoked, modified, or otherwise amended or changed, without the
expressed written consent of the City' first being obtained.
In the event that the owners, their heirs, assigns or successors in interest,
shall fail to perform any obligation hereunder, they hereby agree to pay all costs
and expenses incurred by the City of La Quinta in securing performance of such
obligation, including attorney's fees.
By: 1.
2.
3.
X
Signature(s)
Dated:
Douglas R.)Evans
Community Development Director
City of La Quinta
Printed Name of all owner(s)
5 3l v s.
Dat
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1/2 X
11 " FORMAT, FOR EACH SIGNATURE.
STATE OF CALIFORNIA )
COUNTY .OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
On June 2, 2005 before me, Regenia Hensley, Notary Public, personally
appeared DOUGLAS R. EVANS personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
IRE NIA HENSLEY
Notary Public
Commission # 1521423
Expiration: October 23, 2008
(Seal)
NW'MEtti
eommi�n' 1521423 .�
Notar�i PubNc - Cagfomlo . .
RWers de �Cqunty
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04,11, 4 4 Q"
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
February 23, 2004
Mr. Joseph Russell
53-385 Eisenhower Drive
La Quinta, California 92253
SUBJECT: MINOR USE PERMIT 2004-459 (GRANNY HOUSE)
Dear Mr. Russell:
(760) 777-7000
FAX (760) 777-7101
The Community Development Department has reviewed your request to
establish a granny unit on your property at 53-385 Eisenhower Drive, and
has approved your request subject to the following conditions:
1. Only one granny house may be established per lot, in addition to the
primary residence. The granny house shall be an accessory use to a
pre-existing primary residence on a single-family lot.
2. The granny house shall be architecturally compatible with the main
residence on the property.
3. The granny house shall comply with all applicable zoning requirements in
the district, where the property is located.
4. The granny house shall not exceed seventeen feet in height and not be
more than one story.
5. The floor area of the granny house shall not exceed 30% of existing
residence on the property.
6. A minimum of three off-street parking spaces shall be provided for each
residential lot containing an approved granny house, including the
following: a two car garage for the primary residence and one space
enclosed or open for the granny house.
7. The granny house may have a kitchen and or cooking facilities.
1
Mr. Russell
NIUP 04-459
Page 2
11
8. The granny house may be separately metered for gas, electricity, water,
sewer, and other utility services at the applicant's cost.
The City may elect to add Conditions to this application request to mitigate
any problems that arise not previously addressed herein.
This decision may be appealed to the Planning Commission by anyone
provided they submit the necessary paperwork and filing fee of $175.00
with this office within 15 days of approval of this permit.
Should you have any questions or need additional information please do not
hesitate to contact me directly at (760) 777-7068.
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
MARTIN MAGANA
Associate Planner
c: Building & Safety Department
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