MUP 2003-400P.O. Box 1.504'.
78-4.95 CALLE TAMPICO
LA QUINTA,, CALIFORNIA 9'2253
May 22, 2003
Mr. Edward V. Burchell
78915 Casa del Rio
La Quinta, CA 92253
(760) 77'7-7000
FAX (760) 777-7101
SUBJECT: Minor Use Permit 2003-400; Guest House at 7891.5 Casa del Rio
Dear Mr. Burchell:
The Community Development Department has approved your application request to include
a detached guest house with your existing single family residence at the above address. This
approval is based on the following findings:
1. The proposed use is consistent with the La Quinta General Plan, as it is of a residential
nature and is determined to be accessory to the principal residential structure.
2. The proposed use is consistent with the Zoning Code, as it is permitted in the RL
zoning district subject to approval of a Minor Use Permit, and as conditioned in
accordance with Section 9.6.0.100, regulating Guest Houses.
3. The proposed use is not subject to C,EQA, based on Guidelines Section 15303(e).
4. 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 guest house use -approval shale remain valid pursuant to Section
9.200.080, which shall also govern any extension request.
2. The detached guest house shall comply with all applicable Building and Zoning Code
standards as applicable.
3. Floor area of the guest house shall not exceed 301/b of the. floor area of the main
house. Total floor area on the subject parcel shall not exceed. the maximum permitted
under the zoning in effect at the time of building permit issuance. Architectural aspects
of the guest house shall conform to those of the main dwelling.
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4: No cooking/kitchen facilities are permitted in the guest; house.
5. The guest house 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. Guest houses are defined as being used primarily for sleeping purposes. Exhibit'13
indicates this guest house, will consist of an office, exercise room and bathroom, Use
of the guest', house as a home business office is prohibited. It may be used in. part as
an office strictly for the personal use of the residents of the main dwelling, but sleeping
facilities must be provided for.
7. The City may elect to -add Conditions to this application request to mitigate any
problems that arise that are not addressed herein.
Enclosed is a deed restriction form for compliance with Conditions 5 and 6' above. It is to be
completed and notarized prior to building permit issuance. 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 guest house. 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.
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
Wallace Nesbit
Associate Planner
WN
c: Wilding and Safety Manager
V Building and Safety Counter Technician
Code Compliance
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RECORDING REQUESTED BY:
City. of La Quinta Community. Development Department
PO Box 1504
La Quinta, CA 92253
WHEN RECORDED PLEASE MAIL TO:
Edward and Mary Burchell
78915 Casa del Rio
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
78915 Casa. del Rio , LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed on this the 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/sh6s.the property owner of the following described
real property in the City of La Quinta, County of Riverside, State of California:.
.22 acres in lot 91 and portions of Lots 90, 93, and' Lot B, all of'Tract 25154, as per Map
recorded in Book 239, Pages 50 through 53, inclusive, of Maps in the Office of the Recorder
of Riverside County, more particularly described by Lot Line Adjustment #97-241,
recorded. Junei 9, 1997 :as Instrument #201475 of Official Records 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. 2003-400
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. 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 beamended from time to time.
This covenant and agreement-shallrunwith 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 besubject 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.
Signature(s) Printed Name(s)
Approved as to form`
Dated:
Jerry Herman; Community Development Director, City of La Quinta
Dated:
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8'/2" X I1"
FORMAT, FOR EACH SIGNATURE.