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0012-195 (SFD)-,LICENSED CONTRACTOR DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of'the Business and Professionals Code, and my License is in full force and effect. . License# Lic. Class Exp.'Date de Signature of Contractor OWNER -BUILDER DECLARATION I hereby affirm under penalty of perjury that I am exempt from the Contractor's License Law for the following reason: ( ) I, as owner of the -property, or my employees with wages as their sole. compensation, will do the work, and the structure is not intended or offered for ; sale (Sec. 7044, Business &.Professionals Code). ( )• I, as owner of'the property, am exclusively contracting with licensed_,,.,• contractors to construct the project (Sec. 7044, Business & Professionals Code). . ( )` I am exempt under Section B&P.C. for this reason Date Signature of Owner WORKER'S COMPENSATION DECLARATION I hereby, affirm under penalty of perjury one of- the iollowing declarations: () I have and will maintain a certificate.of consent to self -insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. (':)t I have and will ' maintain workers' compensation insurance, as required by Section 3700 of the Labor Code,, for the performance of the work for which this permit is issued. My workers' compensation insurance carrier & policy no. are: Carrier. Policy No. ' 0lawn, ma"),um" ,1kd 1'X3 $1W6°til 1 (This section need not be completed if the permit valuation is for $100.00 or less). () I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of'the Labor Code, I shall fo hwith comply with tkwsoopra"I'si ns. Date: "' X{' Applicant - Z—. 4r !/Warning: Failure to secure Workers' Co p nsation coverage is unlawful and Shall subject an employer to criminal penalties and civil fines up to $100,000, in addition to the cost of compensation, damages as provided for in Section 3706 of the Labor Code, interest and attorney's fees. IMPORTANT Application is hereby made to the Director of Building and Safety for a permit subject to the conditions. and restrictions set forth on, his application. , f 1. Each person upon whose behalf this application is made & each person a whose request and for whose benefit work is performed under or pursuant to any permit issued as a result of this applicaton agrees to, & shall ndEMAIR & hold harmless the City of La Quinta, its officers, agents and'em loyees. 2. Any permit issued as a result. of this application becomes nuL�0117P Iid h ifl�� work is not commenced within 180 days from" date of; issuance of su`'c`lc permit, or cessation of work for 180 days will subject permit to cancellation. I certify that I have read this application and state that the above information is correct. I agree to comply with all City, and State laws relating to the building construction, and hereby authorize representatives of this City toenter upon the above-mentioned, property for'r;ispVEtion purposes. ignature (Owner/Agent) "' r '- '"��'% Date BUILDING PERMITPERMTk DATE ' VALUATION LOT TRACT JOB SITE APN ' ADDRESS OWNER CONTRACTOR/ DESIGNER/ EN INEER ; M10 CA 9222101 � c r cm))775-17644 CELL 2111 USE OF PFRMIT ' WTOU x",fi M _Y DVIN.11ING 211-D t Y'P3i OETACHISI 2 (JUS -3111 HOUSE. t'F,.RN1 6' DOES NOT 119C1 UDE BLOCK WA.l.WOA'3WPA. OR APPle.OAC34 Di$SF%P AY. 04CLUMS INVEST GA.T.iON IMM ft'C{i1. *WORK 131TART i?i3W'FTHOUT F'k;RMi`C Cd3'S'I'OM (':OPSTRUC:'TION 41;746.00 SI:' PO,RM11P,7iTIO, '535.00 SY f�A.8t1t{� Ay.bi1 SIS XSW�A".,i'. COST OF CixN1'SIMMMON .361,568.70 CONI S AILI : IO F13.1r 1€13.=000-418.000 $1,336,50 I�°i.�.�i'ir?�tiiA� P'A'P: 1S?1^•1°at)d,'3>,$�5,'1-�$�; $i,2;SI.ISS I{1M09NIAT :03-d?d+3.. 0a '@lt-S1,000,00 MEV1`3;JQiNIVAL PER $130.50 t"sF.��,CTRICAL F:9IC 101 �M0-442( -111.0) S216,91 T!1xMEN, a F... ) 03 -000-otn-ooa 8308:;40 W!`Iti;(2N51 I >'3 dJ t .IFER - RE ID 101 �000-241-000 %36,16 ZBStP,S3IYdi� 1p fi 9 £YF -00,c"423-000 DEVELOPER IMPAC 9' 3'1 E, SI,r4T.0� MMT IN PUBLic K'1,.CiXR1..+ n'PXISIE 701.000.235-000 $ion 114'4 UT10A T I a N .Wfi, 101 _00042 -.3 $ IF k4l m f ` 01)1s-11WX. COIRBI ITCOOkJ AMPLAN CHECK V,297,194 2 2001 PRI"P'Am ms 411.0 0100 9 W ASE✓✓ .A .yA ^W3 S E} G� k� l its YY 6+� A � g�`y{�'.1(.J ' fie FUNDUENOW Vy+ST J N? H . DATE Li iv ATE FINALED PECTORCEIPT INSPECTION RECORD OPERATION DATE INSPECTOR OPERATION DATE INSPECTOR BUILDING APPROVALS MECHANICAL APPROVALS Set Backs Underground Ducts Forms & Footings Ducts Slab Grade Return Air Steel Combustion Air Roof Deck Exhaust Fans O.K. to Wrap FramingRC1 _ _ _j O i F.A.U. Compressor Insulation Vents Fireplace P.L. Grills Fireplace T.O. Fans & Controls Party Wall Insulation Condensate Lines Party Wall Firewall Exterior Lath Drywall - Int. Lath Final U �f BLOCKWALL APPROVALS Final steel POOLS -SPAS Set Backs Electric Bond Footings Main Drain Bond Beam Approval to Cover Equipment Location Underground Electric Underground Plbg. Test Final Gas Piping PLUMBING APPROVALS Gas Test Electric Final Waste Lines Heater Final Water Piping Plumbing Final Plumbing Top Out Equipment Enclosure Shower Pans O.K. for Finish Plaster Sewer Lateral Pool Cover Sewer Connection Encapsulation Gas Piping Gas Test Appliances Final Final /����� Utility Notice (Gas) `- ELECTRICAL APPROVALS Temp. Power Pole Underground Conduit Rough Wiring Low Voltage Wiring Fixtures Main Service Sub Panels Exterior Receptacles G.F.I. Smoke Detectors Temp. Use of Power Final _ �G– d �� Utility Notice (Perm) d •Z—�%% �5�� COMMENTS: 001-- l%� Building Address Owner �n a - Address Con S7 -RUC -170 P Tel.7� &Class'f8 50- 2-9-06 Lich# Iv Arch., Engrn�.,� Designer V v F �� Address .._. Tel. y -_J 7 V4 L f C- ity State Z'A 22 -LO Lic.# LICEN?ED CONT^MCTOR'S DECLARATION I herebyyy f trm that I am licgfised and r 1lrovisi • ns of Chapter 9 (commencing with DDO)visi'the Bu�tRes and P ofessi ns Code, and y icense is in full ft ifect. n 'wu "OWNER -BUILDER DECLARATION/ I hereby affirm that I am exempt from the Contractor's License Law for the following reason; (Sec. 7031 . 5,Business and Professions Code: Any city or county which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law, Chapter 9 fcommencing with Section 7000) of Division 3 of the Business and Professions Code, or that. he is exempt therefrom, and the basis for thealleged exemption. Any violation of Section 7031,5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500). l: I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale. (Sec. 7044, Bulsness and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the bul ng or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) 1'1 I, as owner of the property, am exclusively contracting with licensed contractors to con- struct the project. (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects with a contractors) licensed pursuant to the Contractor's License Law.) i 1 1 am exempt under Sec. B. & P.C. for this reason Date Owner WORKERS' COMPENSATION DECLARATION hereby affirm that I have a certificate of consent to self -insure, or a certificate of Worker's Compensation Insurance, or a certified copy thereof. (Sec. 3800, Labor Code.) Policy No. Company FI Copy is filed with the city. O Certified copy is hereby furnished. CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE (This section need not be completed if the permit is lot one hundred dollars ($100) valuation or less.) I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of California. Date Owner NOTICE TO APPLICANT: If, after making this Certificate of Exemption you should become subject to the Workers' Compensation provisions of the Labor Code, you must forthwith comply with such provisions or this permit shall be deemed revoked. CONSTRUCTION LENDING AGENCY I hereby affirm that there is a construction lending agency for the performance of the work for which this permit is issued. (Sec. 3097, Civil Code.) Lender's Name Lender's Address This is a building permit when properly filled out, signed and validated, and is subject to expiration it work thereunder is suspended for 180 days. I certify that I have read this application and state that the above information is correct. I agree to comply with all city and county ordinances and state laws relating to building construction, and hereby authorize representatives sof this city to enter the above- mentioned property for inspection purposes. Signature of aVPlicant Date Mailing Address City, State, Zip APPLICATION ONLY BUILDING: TYPE' -CONST. OCC. GRP. A.P. Number 7/7 2- 020 - l? 12 Legal Description COT 2 - Project Description Sq. Ft. No. No. Dw. Size Stories Units New ❑ Add ❑ Alter ❑ Repair ❑ Demolition ❑ S'bi X528 — 17m, :stimated Valuation �► " PERMIT 1 AMOUNT Plan Chk. Dep. ` / C>C_�C_J - CSC; 7-P , Plan Chk. Bal. % fr Const. Mech. Electrical Plumbing S.M.I. Grading Driveway Enc. Infrastructure TOTAL REMARKS f �.r ZONE: BY: Minimum Setback Distances: Front Setback from Center Line Rear Setback from Sear Prop. Line Side Street Setback from Center Line Side Setback from Property Line FINAL DATE INSPECTOR Issued by: Date Permit Validated by: Validation: WHITE = FINANCE YELLOW = APPLICANT PINK = BUILDING DIVISION Desert Sands Unified School District J. 47-950 Dune Palms Road Notice: La Quinta, CA .92253 Document Cannot Be Duplicated 760-771-8515 CERTIFICATE OF COMPLIANCE Date 3/6/01 No. 21730 Jurisdiction Owner NameDonald A. Guarascio No. 50-850 Street Nectareo City' La Quinta ' Zip 92253 APN # 772-070-012 La Quinta Pert # Log # Study Arca Tract # Lot # Square Footage 4346 Type of Development Single Family Residence M. of Units 1 Comments w/detached guest house - 4346 -s.f At the present time, the Desert Sands Unified School District does not collect fees on garages/carports, covered patios/walkways, residential additions under 500 square feet, detached accessory structures or replacement mobilehomes. It . has been determined the above-named owner is exempt from paying school fees at this time due to the following reason: EXEMPTION NOT APPLICABLE This certifies that school facility fees imposed pursuant to Government Code 53080 in the amount of 2.05 X 4,346 or. $ 8,909.30 the property listed above and that building permits and/or Certificates of Occupancy for this square footage in this proposed project may now be issued , . Fees Paid By. CC/1st Bank - Donald Guarascio Telephgne 7.5'0-564---0692 Name on the check ? eN s By Dr. Doris Wilson Superintendent Fee collected /exempt d by Annette Barlow Payment Received $8,909.30 Check No. 58413 , Signature JOTICE: Pursuant at Assembly Bill 3081 (CHAP 549, STATS. 1998) this will serve to notify you that the 90 -day approval period in which you may protest thefees or other payment identified ibove will begin to run from the date on which the building or installation permit for this project is sssued or on which they are paid to the District(s) or to another public entity authorized to :ollect them on the District('s)(s') behalf, whichever is earlier. Collector: Attach a copy of county or city plan check application form to district copy for all waivers. Embossed Original- Building Dept./Applicant ' Copy - Applicant/Receipt Copy - Accounting s e' Lai Tay _ l} > - .. P. O. B ox 1504 f FT 78-495 CALLS TAMPICO(760) 777-7000'.. F La QUINTA, CALIFORNIA 92253 FAX (7.60) 777 7101 . C'ITS 00/ March 6, 2001 Mr. bon Gaurascio SUBJECT: MINOR USE, PERMIT 2001-277 Dear Mr. Gaurascio:. Enclosed is a Covenant restricting use of the proposed guest house for Lot 62 of TrF-ct 24890-47(5 �SO Nectareo�Thepaperwork must be signed and notarized prior to recordation with the County of RiveMide.. Please return a copy of the Covenant once it has been recorded. When a copy is received, a building permit can be issued for the new structure. Should you have any questions, please contact me -at (760)'777-7067. . Sincerely, JE�j��Y EHAN CC�PMDEVELOPMENT DIRECTOR C� ELLAssociatr GT. Enclosure c: im Faracy Building and Safety Manager Community Development Director MUP277 - 47 Greg �� t - 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 t ; P.O. Box 1504 " La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 50- 850 NECTAREO, LA QUINTA, CALIFORNIA r This covenant and agreement is made and executed on this the 6""6y of March, 2001, by Donald A. Guarascio and Joyce K. Guarascio, Trustees of The Guarascio Family 'frust 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 certify that they are theproperty'owners of the f62 -lowing described. real property in the City of La Quinta, County of Riverside, State of California: - Lot 62 of Tract No. 24890-4 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 guest house may not be rented nor sold independent of the rriain single family residence (Minor Use Permit No. 2001-277); 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 p-operty owner(s), nonpaying guests, and domestic employees. ; 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 wh=1e said accessory Coven277 - p/greg v. 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 prevision 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 incurrec by the City of.La - Quinta in securing performance of such obligation, including attorney's fees. Dated: . By: Donald A. Guarascio, Trustee By: Joyce K. Guarascio, Trustee Notary. By- T�-- Christine di Iorio, Planrii g Manager City of La Quinta F , State of California County of Riverside ; On 3/l , g f anal before me, Phyllis Manley, Notary Public, personally appeared Christine di lorio, personally known to me to be the person whose name is . subscribed to the within instrument and acknowledged to me that s-le 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) T ' PHYLUS "LEY _Cornrn ior, # 1196590 Notary PUbric - Ccmkxnki zVMYCCrnrrLBpbm0ct16,2=f. �1YE751d o County•• a. d 614 e P.O. Box 1504 78-495 CALLS TAMPICO (7 60) 777=7000 LA QUINTA, CALIFORNIA -92253 (TDD) (760) 777-1227 August 31, 2001 Mr. Timothy S. Faracy Dear Mr. Faracy: Your letter of August 2, 2001, purporting to appeal the, decision of the Building and Safety Department to impose a $1556.50 "Investigation Fee" for your unpermitted work at 50-850 Nectareo Ct., has been referred to me, as City Attorney, for response. I have investigated this matter and determined as follows: Background: Your letter infers that the building permit delayed due to the City's "lack of due diligence." This claim is unsupported. The file indicates that on January 8, 2001, you were informed that prior to the issuance of a building permit, you would have to obtain a Minor Use Permi = for the proposed guest house. On March 6, 2001, a.letter (Attachment. l) was sent to Mr. GauraE,cio from Greg Trousdell of the Community Development Department, again stating that a permit could not be issued until a covenant was recorded on the property. Attachment 2 is a copy of the covenant which was signed and notarized on March 9, 2001. Assuming the copy of the cocumeni was presented to the City on the same day it was notarized, it was not until March 9ah that all the information required by the City had actually been submitted. As you are no doubt aware, March 9th was a Friday. The building permit was issued on the following Monday morning. These facts do not support .your claim that delays in permit issuance were the fault of the City. In your letter, you state that you were informed on March 12th that the permit was ready to pick up. March 12th is the date that you obtained the permit. On the morning of March 12th, the building inspector noted that the job had been started and was. already completely formed, which " indicates that work was'started on the weekend, prior to any notification that th, permit was ready to issue. .You are correct that your Code violation relates to timing, not to whether or not the work conforms to the Code. One of the purposes of the investigation fee is to, deter builders from working without a permit. I am informed that at the time of the permit issuance, you were given the option of taking the forms ,down in lieu of paying the investigation fee. You chose not to do .so. This alternative was suggested as solution to the problem, but it was nonetheless meant to 219/04.01a08/31 216204.01 x08/31/01 Mr. Timothy S. Faracy August 31, 2001 Page 2 function as a deterrent to future violations. The City cannot tolerate the commencement of construction without a permit. Your letter also states that you were assured that the fine would be 'refunded. There is no; precedent for such an action. If you would provide me with the name of the employee who allegedly made the statement, I would. be happy to investigate further. Findings: 1. Itis indisputable that the construction work was commenced at 50-850 Nevtareo Ct. prior to your obtaining a building permit. The fact that you were in the process of obtaining the permit .does not alter the fact that work had commenced prior to the issuance of the -permit. A delay in the issuance of the permit --whether caused by -the City or the applicant --does not authorize work to begin without a permit. Section 304.5.2 of the,Uniform Administrative Code (Attachment 3), requires that a special investigation fee shall be collected when work has commenced without a permit, and further requires that fee be collected at the time of permit issuance. 2. A Board of Appeals has been established in Section 8.01.030 of the La Quinta Municipal Code (Attachment 4), to conduct hearings on the "suitability of alternate materials and methods of installation" as it•relates to construction in the'City. It is not within the.purview of the Board to interpret the administrative provisions of the Codes or to grant relief from fees imposed in accordance with the code. Even if an appeal could "be taken, the 10 -day time period for appeals has long since expired. Based -on the above, it is my'opinion that the Building and Safety Department acted in accordance with the Codes and Ordinances adopted by the City and the decision tc. collect the' investigation fee was correct. Sincerely, M. Katherine Jenson, City Attorney City of La Quinta 119/015610-0015 216204.01 a08/31/01