MA 2002-509CITY OTV A Q UI1 VTA *Case No. 6 2 - �a
Community Development Department Fee: $200
APPLICATION FOR MINOR ADJUSTMENT
APPLICANT: Submit this form with two copies of a scaled site plan, drawn to adequately depict the nature of the request.
A nonrefundable fee of $200 is required when the Application is submitted. The check must be made payable to the "City
of La Quinta". A Minor Adjustment Permit (Section 9.210.040/Zoning Ordinance) may be approved only for deviations
of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten=foot setback
requirement) or for deviations specifically identified in the La Quinta Zoning Ordinance. Other deviations shall require
consideration of a variance (pursuant to Section 9.210.030Nariance\Zoning Ordinance). If the Applicant is not the owner
of the property, a letter must be submitted by the owner authorizing the Applicant to execute this document in his behalf.
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PLEASE PRINT OR TYPE
APPLICANT/CONTRACTOR �%�� ..�,C,// DATE:d 2
CONTACT PERSON (IF DIFFERENT): ),FEE 14. Gy PHONE: Z-7S -4..333
MAILING ADDRESS: q/— 6 Z 5 f' e 1Er� C�
(Address) (City) (State) (Zip) �Z2ii
OWNER'S NAME:�,�I
MAILINGADDRESS:
(Address) (City) (State) (Zip)
STREET ADDRESS OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY
ASSESSOR'S PARCEL NUMBER:
LOT #
TRACT
ADJUSTMENT REQUESTED: 4Zzo 14Z /O / ?EGG r52!!E7.F, ,�ivc Gotss/R�
REASON FOR REQUEST: � �� r, �/lG,� .ai / h`/4/�� ,Q
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SIGNATURE OF APPLICANT DATE 42/jz,/07,
SIGNATURE OF OWNER (if not he same as a pacant)
PLANNER:
The following findings shall be made by the decision -making authority prior to the oval ofany Minor stment
Permit:
DEC 17 2002
1. Consistency with General Plan. The project is consistent with the General P n.
2. Consistency with Zoning Code. The project is consistent with the provisions if the E TA
3.. Compliance with CEQA. Processing and approval of the permit application are in comp lance wi rements
of the California Eriviromnental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health,
safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
4
MEMORANDUM
January 2, 2003
Mr. Jeff Shively
Jeff Shevely Construction
41-625 Eclectic Street, Suite F-2
Palm Desert, CA 92260
Subject: Minor Adjustment 2002-509
Dear Mr. Shively:
The Community Development Department has reviewed your revised request to allow an
additional six (6) inch increase in the required nine (9) foot height for.the construction of a
.gate enclosure at 53-350 Montezuma. After review it was determined that:
• Granting this adjustment is consistent with the General Plan and its residential land use
designation.
• This project is consistent with the Cove Residential Zoning. Map designation.
• This project is categorically exempt from the provisions of the California Environmental
Quality Act under Section 15303(c), which exempts minor construction activities.
• ":"Approval of this adjustment will not create conditions materially detrimental to the public
health, safety, and general welfare or injurious to or incompatible with other properties
or land uses -in the vicinity.
Therefore, the Community Development Department approves Minor Adjustment 2002-509 for the
construction of a 9'-6." high gate enclosure subject to the following conditions:
1. That the gate enclosure shall be constructed as illustrated in Exhibit "A", attached.
2. That a building permit shall be obtained from the Building and Safety Department.
3. That the exterior lights shall comply with Section 9.60.160 et. seq. of the Zoning Code.
4. That the applicant agrees to indemnify, defend and hold harmless the City of La Quinta in
the event of any legal claim or litigation arising out of the City's approval of this request.
The City of La Quinta shall have the right to select its.defense counsel in, its sole discretion.
r
This decision may be appealed to the Planning Commission provided the necessary
paperwork and filing fee of $175.00 are filed with this office within 15 days. If you have any
questions, please contact me at 760-777-7071.
Very truly yours,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
Gib/ L Q
Oscar W. Orci
.Planning Manager.
Attachment
c: Building and Safety Department
P:\Oscar\Itr app ma 02-509.wpd
FIL
E Copy
P.O. Box 1504
78-495 CALLS TAMPIco (760) 777.7000
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
December 24, 2002
Mr. Jeff Shively
Jeff Shively Construction
41-625 Eclectic Street, Suite F-2
Palm Desert, Ca 92660
Ref: 53-350 Avenida Montezuma
Dear Mr. Shively:
The Community Development Department has reviewed your request for a Minor
Adjustment to allow a ten foot high gate enclosure at the property referenced above.
We regret to inform you that the request has been denied. Section 9.60.030 (c)(3),.
of the Zoning Code states that arches/trellises up to nine feet in overall height and five,
feet interior width may be constructed over a gate on a lot provided the arch is .
integrated into the fence/gate design. It appears from the submittal that the arch is
proposed at ten feet high with an interior width of eight feet. The gate will have to
be re -designed to meet these standards, otherwise, if you choose to. keep the gate as.
proposed, it would require a Variance. Variances require a public hearing by. the
Planning Commission.
I have enclosed a Variance Permit. application for your use in the event that you would
like to pursue this process. Should you have any questions or need additional
information, please feel free to contact me at (760) 777-7068.
Mgw,
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR.
MARTIN MAGANA
Associate Planner
c: Betty Sawyer, Executive Secretary
Tim Jonnason, Public Works Department
Tom Hartung, Building & Safety Department
I
A ENTRY GATES, ARCH . AND WALL. ELEVATI
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COmVUNiYy, bOKWOMENT
DEPARI
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...�CASE NO.