MUP 1998-035Cj-W "RU-alA
Tiht 4 4 Q9&r0
78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (760) 777-7000
FAX (760) 777-7101
TDD (760) 777-1227
February 26, 1998
Mr. Gary Gardner
The Lakes Country Club
112 Running Springs
Palm Desert, California 92260
Subject: Minor Use Permit 98-035
Dear Mr. Gardner:
The Community Development Department has reviewed your request to construct a guest
house of approximately 575 square feet on Lot 40 of Tract 28470-1 (Tradition Club)
according to the requirements of Section 9.60.100 (Guest Houses) of the Zoning
Ordinance. Findings for approval are as follows:
1. No impact to the City's General Plan will occur with these minor use permit requests
because the Land Use Element designates the sites for residential purposes, and
accessory units are permitted in the RL District provided certain development
standards are met. These minor use permits are consistent with the intent and
purpose of the Zoning Code because setback requirements have been met and no
kitchen facilities are being proposed.
2. The project is exempt from the provisions of the California Environmental Quality
Act (CEQA) under Section 15303(a) which allows construction of a single-family
residence and other accessory structures.
3. These minor use permits will not be detrimental to the health, safety, and general
welfare of this area of the City because custom home developments traditionally
have detached accessory buildings (i.e., bedrooms) for their guests.
4. The accessory unit is architecturally compatible with the proposed primary
residence and does not exceed 17 -feet in overall height. .
Prior to building permit issuance, please have the attached Covenant paperwork recorded
with the *Riverside County Recorder's Office. Once recorded, please submit copies of.the
documents to our office for filing.
MUP 98-035-21
®L
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253<J
Please feel free to contact me at 760-777-7067, should you have any questions.
Very truly yours,
JERRY HERMAN
C M NITY DEVELOPMENT DIRECTOR
/� Nle
G O SDELL
Associ a Planner
GT.
Attachments
c: Robert S. Ritchey, AIA
Planning Manager
Building and Safety Department Manager
Greg Butler, .Counter Technician
MUP 98-035-21
RECORDING REQUESTED BY:
Gary N. Gardner
Trudy A..Gardner
P. O. Box 12947
Palm Desert, CA 92255
WHEN RECORDED PLEASE MAIL COPY TO:
City of La Quinta
Community Development Department
c/o Greg Trousdell
PO Box 1504
La Quinta, California 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF AN ACCESSORY GUEST
HOUSE AT 52-130 CITATION 'COURT (THE TRADITION CLUB), LA QUINTA,
CALIFORNIA
This covenant and agreement are made and executed on this the 26" day of February, 1998,
by Gary N. Gardner and Trudy A. Gardner for 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 is the property owner of the following described real
property in the City of La Quinta, County of Riverside, State of California:
Lot 40 of Tract 28470-1 as per map filed in Book 263, Pages 76-90, inclusive, of Maps of
said 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 detached guest house is intended for use by the property owner and does not have a
kitchen (MUP 98-035). The guest house is for sleeping purposes of the on-site residents and
their nonpaying guests pursuant to Section 9.60. 100 of the Zoning Ordinance.
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 second
dwelling unit remains on the real property or unless otherwise released by the authority of the City
of La Quinta. 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
COVENMUP35Gardner-21
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:
LO
Notary
Mr. Gary N. Gardner, Trustee
Ms. Trudy A. Gardner, Trustee
B
Christine di Iorio, Planni Manager
City of La Quinta
CO VENMUP35Gardner-21
State of California
County of Riverside
On before /9 8 before me, Phyllis Manley, Notary Public, personally appeared
Christine di Iorio, personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized capacity,
and that by her 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.
(Seal)
COMM. 110427M
NdCW PJAC — CaHardo
RIVERSIDE COUNTY
CCMM. POP OCT 16.1994
Document Description: Covenant & Agreement Restricting the Use of an Accessory Guest House
at 52-130 Citation Court (The Tradition Club
Number. of Pages:- 2
Date of Document: