MUP 2003-444�4
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
December 18, 2003
Mr. Nolan Sparks
La Quinta Orchards Partners
P.O. Box 1716
La Quinta, California 92253
SUBJECT:. MINOR USE PERMIT 2003-444 (USE COVENANT)
(7 60) 777-7000
FAX (.7.60) 777-7101
Dear Mr. Sparks: �° 1.F
The Community Development Department has reviewed your request o construct a
detached casitas building of 394. square feet at -79-330 Briarwood, pursuant to
Sections 9.60'.100 (Guesthouses) and 9.210.020 (Min.or Use Permits) of. the Zoning
Code. This. Department has approved the accessory unit request because it complies
with the relevant Code requirements, subject to execution and recordation of the
attached. Covenant. Once recorded, please send a copy of. the material to our office
and the Building and Safety Department.
Findings in support of the request are: .
1. No impact to the City's General Plan will occur as the Land Use Element
designates the site for residential purposes under the Low Density Residential
category. The existing half -acre parcel (Lot 8 of Tr. 26524) is a legal lot of
record which can support the detached facilities, provided development
standards as set forth in the City's Zoning Code can be met.
2. A 4,603 square foot single family house and three -car garage are planned for
the site in conjunction with the accessory guest suite per the construction plans
on file with the Building and Safety Department. The proposed casitas has been
designed in compliance with the requirements of Section 9.60.100 of the City's
Zoni.n.g Code which permits detached bedrooms, subject to final approval by the
Estancias Homeowner's Association. As planned, the guest bedroom' is
compatible with the design of the main unit and the surrounding neighborhood
in terms of landscaping, scale, height, bulk, lot coverage and. exterior
appearance, and will be constructed to meet current Uniform Building Code
GAMUP Letters\M0P444Guest Unit.wpd
requirements. A- building permit must be issued to constructed the planned
improvements.
.2.. The proposed project is exempt from the. provisions of the California
Environmental Quality Act (CEQA) under. Section 15303(a) in that 'a single
family house, with detached guest suite, is planned for the 0.56 -acre parcel.
3. Infrastructure improvements exist to service the project, subject to the rules and
regulations of the affected public utility companies being complied with. during
any on-site construction activities. No adverse impacts should occur based on
approval of this permit.
Should you have any questions, please contact me at (760) 777-7067, .or via e-mail
at'gtrousde@la-qUinta.org.
Sincerely,
JHE MAN
C U �Y�UEVELOPMENT DIRECTOR
RG T �IJS ELL
As P nner
GT.
Enclosures
c: C
✓Eommunity Development Director
d Randall, B&S Dept. Counter Technician
MUP444Guest Unitmpd
I�4
P.O. Box 1504
78-495 CALLE TAMPICO (7 60) 777-7000
LA QU1NTA, CALIFORNIA 92253 FAX (7.60) 777-7101
December 18, 2003
County Recorder
County of Riverside.
P.O. Box 751
Riverside, California 92502-0751
SUBJECT: RECORDING OF MUP 2003-444
Dear Colleague:
The City of La Quinta has approved the above noted Minor Use Permit. Please allow
its recording as presented by the applicant.
Should you have any questions; please call me at (760) 777-7067.
Very truly yours,
J. ',1Y HERMAN
CO : N�JNITY DEVELOPMENT DIRECTOR
�` EG R'OIJSDELL
lanner
GT.
LtMUP444. County.wpd-g
N
RECORDING REQUESTED BY:
City of La Quinta
Community Development Department
La Quinta, CA 92253
WHEN RECORDED PLEASE MAIL TO:
City of La Quinta
Community Development. Department
c/o Greg Trousdell
P.O. Box 1504
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE PROPOSED GUEST
HOUSE AT 79-330 BRIARWOOD, LA QUINTA, CALIFORNIA
This covenant and agreement is made and executed on this the 18"' day of December, 2003,
by La Quinta Orchard Partners for property described herein. The City of La Quiiita, a Municipal
Corporation, is hereby made a party to this agreement for the purposes set forth below.
The undersigned hereby certifies that they are tbeproperty owners of the following described
real property. in the City of La Quinta, County of Riverside, State of California:
Lot 8 of Tract No. 26524 (APN: 772-020-009) in the City of La Quinta, County of Riverside.
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 detached guest house may not be rented nor sold independent of the main single
family residence (Minor Use Permit'No. 2003-444);
2. No kitchen or cooking facilities' shall be constructed in the guest house per. the
provisions of Chapters 9.30.030 (RL Zone District) and 9.60. 100 (Guest Houses),.of
the La Quinta Municipal Code; and
3. All on-site facilities are intended for the sole occupancy of the property owner,
nonpaying guests, and domestic employees.
GAMUP Letters\COVEN4440rchard2003.WPD Page 1 of 3
ri
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 and nonmodifiable
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.
Dated:
Notary.
GAMUP Letters\COVEN4440rchard2003.WPD
By:
La Quinta Orchard Partners
Page 2 of 3
By:
Osc rci, Planning Manager
City of La.Quinta
GAMUP Letters\COVEN4440rchard2003.WPD Page 3 of 3