MUP 2004-527FINAMM
R-wnirls Cbdr._
City of La Quinta
Community Development Department
78-495 Calle Tampico
La Quinta, California 92253
(760) 777-7125 FAX: (760) 777-1233
U -
OFFICE USE ONLYs6;A-7Case No. u 64—
Date Recvd. % 6
Fee:
Related Apps.:14
Logged in by:
APPLICATION 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
(Print) 1
MAILING ADDRESS O 1 �'Phone No.
CITY, STATE, ZIP: !-A- C�,'AJA "% Fax No. 96o 7 1 L / / 2 2
PROPERTY OWNER (If different): 'De b f A Le -e. M 0 SW
(Print)
MAILING ADDRESS: -5 698 Ga�v�t`� &-A� Phone No.
CITY, STATE, ZIP: ` .AAJ �)dSe_ 6A 9613 S Fax No._
PROJECT LOCATION: eO - 6;2c) U/ A 4�C �� r'
PROPOSED USE AND/OR CONSTRUCTION
uding operational information):
LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): A?AJ 46- "Z
f ;4�- Z38 TrNc"7 ;'` a9oy-a
AI8VAinor Use Fermi:
SUBMISSION REQUIREMENTS -
0 Plot Plan, floor- plans and elevation plans (as determined by Community Development Department staff).
Five (5) sets of plans on 8'/z" x 1 I" sheet or folded down to 8'/2" x 11".
❑- 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 doesnot apply
to Environmental Information form.
—1y 4S
NAME OF APPLICANT •v Vi S
(Wase Print)
SIGNATURE OF APPLICANT DATE
NAME OF PROPERTY OWNER A^43re ini 7`Aa M AA r A Lac moS
(Please Print)
SIGNATURE OF PROPERTY OZER(S�� IF NOT SAME AS APPLICANT%%�� 5� DATE /
(Signature provides copse t for- applicant to us to for proposed activity).
DATE
n
(Separate written awhority by owner to submit application may be provided) .
NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION. SHALL BE
GROUNDS FOR DENYING APPLICATION.
A ] 8Wiinor Use Permit
0
P.O. Box 1504
78-495 CALLS TAMPICO
LA QUINTA, CALIFORNIA 92253
October 13, 2004
Mr. Rob Capetz
FILE COPY
Sun Vista Development
PO Box 1144
La Quinta, CA 92247
SUBJECT: MINOR USE PERMIT 2004-527 - LOT 138, TR 29894-2
Guest House at 80620 Via Portofino
Dear Mr. Capetz:
(760) 777-7000
FAX (760) 777-7101
The Community Development Department has approved your application request to
include a detached guesthouse with your proposed single family residence at the
above address. This approval is based on the following findings:
A. The proposed use is consistent with the La Quinta General Plan and the
approved Specific Plan in effect for The Hideaway (SP 99-035), as it is of a
residential nature and is determined to be accessory to the principal
residential structure.
B. The proposed use is consistent with the Zoning Code, and the approved
Specific Plan in effect for The Hideaway as it is permitted in the RL zoning
district subject to approval of a Minor Use Permit, and as conditioned in
accordance with Section 9.60.100, regulating Guest Houses. The Specific
Plan has been found, in this instance, to allow the guesthouse arrangement
as submitted.
C. The proposed use is not subject to CEQA, per Guidelines Section 15303(e).
D. Approval of this Minor Use Permit Application will not result in conditions
detrimental to public health, safety and general welfare, nor injurious to or
incompatible with other properties and uses in the vicinity.
Based on the above findings and pursuant to Section 9.60.100 (Guest Houses), the
approval of this application is subject to the following Conditions:
1. This detached guesthouse use approval shall remain valid pursuant to
Section 9.200.080, which shall also govern any extension request.
mup04527gh
3. Floor area of the guesthouse shall not exceed 30% of the floor area of the
main house. Architectural aspects of the guesthouse shall conform to those
of the main dwelling.
4. No cooking/kitchen facilities are. permitted. in the guesthouse.
5. The guesthouse shall only be used by, and shall be restricted by covenant to,
the occupants of the main residence, non-paying guests or domestic
employees, and shall not .be rented or otherwise occupied separately from
the main residence.
6. This approval pertains only to the casita/guesthouse. Other aspects (i.e.
setbacks) of the site plan are not part of this approval.
7. The City may elect to add Conditions to this application request to mitigate
any problems that arise that are not addressed herein.
Enclosed are copies of approved Exhibits A and B, along with a deed restriction
form for compliance with Condition 5 above. It is the applicant's responsibility to
have this document recorded, with the Riverside County Recorder's Office, prior to
any final inspection for the guesthouse. Therefore, a copy of the recorded
document shall be supplied to the Building and Safety and Community Development
Departments for the respective files.
If you have any questions, please contact me at 760-777-7069.
Very truly yours,
OSCAR W. ORCI
INTERIM COMMUNITY DEVELOPMENT DIRECTOR
!v_ 17 4-_
Wallace H. Nesbit
Associate Planner
Enclosures
c: Planning Manager
Building and Safety Manager
Code Compliance
mup04527gh
0
RECORDING REQUESTED BY:
City of La Quinta — City Clerk's Office
POBox 1504
La Quinta, CA 92247-1504
WHEN RECORDED PLEASE MAIL, TO:
Andrew Thomas Moshier
Debra Lee Moshier
5698 Country Club Parkway
San Jose, CA 95138
0
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
80620 Via Portofino , LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed this day of , 20_,
by , as the
record 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 138 of Tract 29894-2, as per Map Book records of the Recorder of Riverside County
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:
The guest house may not be rented nor sold independent of the main single family
residence (Minor Use Permit No. 2004-527);
2. No kitchen or cooking facilities shall be constructed in the guest house per the
provisions of Chapter 9.3 0.030 (RL Zone District) and 9.60. 110 (Guest Houses) of
the La Quinta Municipal Code;
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
0 0
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.
X
X
X
Wscgr W. Orci
Interim -Community Development Director
City of La Quinta
Signature(s) Printed Name(s) Date
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 lD ` 15 13 04 , before me,
Personally appeared
El
to me(br proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument. .
WITNESS my hand and official seal,
Signature of the lotary,Public
pHYLUS MANLEY
Commission 0 1378908
.� Notbry PubAc - Colifornlo _
Riverside County.
My Comm. En*es0ct 16.2006
• `�etcy � (4W +QG�tity
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
September 21, 2004
(760) 777-7000
FAX (760) 777-7101
. V
P
Sun Vista Development Fill L �J j
i I
PO Box 1144
La Quinta, CA 92247
SUBJECT: Proposed Guest House at 80620 Via Portofino - Hideaway
The Community Development Department has reviewed your proposed plans for
the above improvements, and must inform you that after review, your project can
not be approved as proposed.
Section 9.60.100.D.3 of the La Quinta Municipal Code (Section 9.60.100, Guest
Houses), states that no more than one guest house may be placed with the
principal residence. The proposed guest house layout shown indicates two separate
guest houses, as they have separate individual access and no other access
between the two. You will need to revise the existing plans for resubmittal, should
you wish to proceed. It is suggested that to retain the basic concept, you need to
provide access from both rooms into the lounge area shown. However, this will
make the lounge part of the guest house. You will need to verify that the floor area
of the two guest rooms and lounge combined does not exceed the maximum
allowable guest house area of 30% of the principal residence's living area. The
other alternative is to eliminate one of the guest rooms.
I will be happy to discuss this issue with you in order to come to a solution that is
acceptable to all parties. Should you have any questions regarding this information,
please do not hesitate to contact the undersigned.
Very truly yours,
OSCAR W. ORCI
INTERIM COMMUNITY DEVELOPMENT DIRECTOR
Wallace Nesbit
Associate Planner
WN/wn
c: Building and Safety Department
W
09/16/04 08:43 FAX 7604068
September 14, 2004
Mr. Rob Capetz
Sun Vista
PO Box 1144
La Quinta, CA 92253
Fax #771-4922
BROOKFAX
HIDEAWAY
OWNERS ASSOCIATION
RE: Moshier/FinsO Design Review #2
Lot 138 at 80620 Via Portofino
Dear Mr. Capetz:
The Hideaway Design Review Committee met to discuss the Revised Final
Working Drawings for Lot 138.
The plans were approved with one comment. The DRC is requesting that
grass is kept away from the sideyard property lines. The use of groundcover
or a low shrub will allow some transitional planting between lots, while turf
practically dictates that the future neighbor will need to follow suit.
Construction may begin at the lot after the completion of the Pre -
Construction Meeting.
Please call Brook Marshall at (760) 346-1161 with any questions.
Sincerely,
Hideaway Design Review Committee
cc: DRC File
DESERT RESORT MANAGEMENT
POST OFFICE BOX 4772 / PALM DESERT, CALIFORNIA 9 22 61-4 7 7 2
73-350 ALESSANDRO, SUITE 5 / PALM DESERT, CALIFORNIA 922150
PHONE 760.346.1161 / FAX 760.346.9918 / E-MAIL: ASSOCIATION@HIDEAWAYGOLFCLUB.COM
zO1
•
•
PLAN NOTE5
wzsr Roos PLAN
r..c am • ti
SC ARE FOOTAGE
x�ao�'ap0 »a MR �
nacre Ana• �aaa ao. sr
iewx- aeo ao. n
owaa �om�
aao• aaai m. n
moo.®• i as so. n
TBW
—HInCn
3'19 e�tE uE a1iE m
ana� aPu Isaac u
auv-»v
SKIM
J = \ 3,�I M �\\:'�F/d. _� .+�Ia,' �?S16 �:� U
/ `"-./
.. �aa+._:�+m--'.s+mm•c'_^;
_
pyo
n
o n�' � III .:a.=-- �
` � �`''•
,---
A =
'
min
wzsr Roos PLAN
r..c am • ti
SC ARE FOOTAGE
x�ao�'ap0 »a MR �
nacre Ana• �aaa ao. sr
iewx- aeo ao. n
owaa �om�
aao• aaai m. n
moo.®• i as so. n
TBW
—HInCn
3'19 e�tE uE a1iE m
ana� aPu Isaac u
auv-»v
AMC \fN19 Tkft
BD
� r P r � � m_ a�� a ARCFQTECTS
/� Lr♦ tP �� _aa�w aa�a_ana AI]A X91, 9WO
lel �.c.wsa,vs-.s e_v R40adIC!
1��.,,�-.-,G: �.' .:• -L--�' _ _--/_..._� m�.amn[e wus .c .saa Pm
Pili kVIM
I.
�.... ....; ..._ ' .__.....� ...- y t ............ ...... qq.. ,� ..... sem' `ows�u a+.`v. u., wsoc
au
s.s. a-wau ao m m sun...
, 1 I .-- t.,�,- f49.vv VYgwr•T]vs �m
1 ...... ....._........._ .........................FIAT ROOF IhT€S,
.. 1 ...... ...... .........................
rl_
\
FA?:,
r+
..... ......
AREA rd i • >� i I — -- `" , �� :c.��. � I � .m,.�..,,..a..,.w
J.
.a.
K
- � !; �--'-- - --�-- r ; � � •I_- ?.fes. 9 �t-�' - ' t ' � ; ® i :'
? .........
. ,': i ri _'___ _ _�_ � 1 � il' 1;'�i; _. _ J.�'. il.._ .� �_. 1 y, � -.. _ I t \ d. •\ it I� � � a � ww.v
._ _ _..._. -... ... .a.�w a.w �....: ..�..
............
_ ... ..................
i 11 _
LQlw
'
a a
19
< 1.
l b 7
.i : Nom: � .� _ 1 •- .— _---_J ( �i• J r ,
---.7,
AREA =3 ---- _--�... --- — — _® _ j.�
1J O
1 '
pp I
1
1
;I t
q t
i
i
a
1 ------
SECOND FLOOR AND ROOF PLAN SOl1MRE FOOTAGE �
ll)fK 16bC+ {179 50. A
W14m �a f