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2006-848-AR P.O. Box 1504 LA QUIN.TA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 November. 6, 2006` Mr. David Van Den Berg 49-832 Via Conquistador La Quinta, CA 92253 SUBJECT! MINOR USE: PERMIT 2006-848 CASITA; 78=61 1 TALKING ROCK TURN Dear Mr. Van Den Berg: (760.).777-7000 FAX (760) 777-7101 Your request for approval of Minor Use Permit 2006-848 allowing the construction of a casita/guesthouse at 78=611 Talking Rock Turn in La Quinta; is hereby approved. You may now contact the Building & Safety Department for your building permit. .. Enclosed 'is the approved original Deed Restriction for t h+s Minor Use Permit. It must be signed by the owner in front of a Notary Public. The .original .approved documents are then to be recorded with the County.Recorder,.with a recorded copy given to the City for our files. The Community Development Department will sign the job.card when the recorded copy is received, which would provide our clearance to the Building & Safety Department to issue the building final inspection. Until the recorded copy is received by the Community Development Department, your Minor Use Permit is not. complete and a final inspection will not be conducted by the Building & Safety Department. Should you have any questions, please call me at (760) 777-7131. Very truly yours, YV NEFRANCO , Assistant Planner Attachments C. B.u�lding�and=Safety=Department RECORDING REQUESTED BY: David Van Den Berg 49-832 Via Conquistador La Quinta, CA 92253 WHEN RECORDED PLEASE MAIL TO: Mr. David Van Den Berg 49-832 Via Conquistador La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78-611 TALKING ROCK TURN, LA QUINTA, CA 92253 This Covenant and Agreement are made and executed this 6th of November by Mr. David Van Den Berg, as the recorded 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/she is the property owner of the following described. real property in the City of La Quinta, County of Riverside, State of California: LOT 47, TRACT 28470.in the City of La Quinta, County of Riverside, State of California 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 main single- family residence (Minor Use Permit No. 2006-848; 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; 3.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 be amended from time to time. 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, 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: By: J. 2 3. Signature(s) Printed Name of all owner(s) Dated: es j& nso n Planning Manager . . City of La Quinta Date R STATE .OF. CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) On November 6, 2006 before me, Regenia Hensley, Notary Public, personally appeared LES JOHNSON. personally known.to me to be the person whose name -is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.- WITNESS nstrument: WITNESS my hand and official seal. . (Seal) CoMmOgn 169AM RE IA HENSLEY !''' - �� � R4ve►skle Cgthh+.. f Notary Public {ypmn.E,kesb�23, 2008 Commission # 1521423 Expiration: October 23; 2008 0 APPROVED BY M-MUNITY DEVELOPMENT CEPARTMEI%, BY DATE EXHIBIT CASE NO, O m .f SITE PLAN iEL sire PLAN 78811 TALKING ROCK TURN LA OUINTA, CA DAVE VAN DEN BERG 49=MCCNCUWAVOR LA OUMA u SP..- . 0 J CITY OF LA QUINTA - PUBLIC WORKS DEPARTMENT GREEN SHEET PUBLIC WORKS CLEARANCE FOR RELEASE OF BUILDING PERMIT Form updated & effective 11/17/2006 Green Sheet approvals are forwarded to the Building & Safety Department directly by Public Works. Please DO NOT submit the Green Sheet (Public Works Clearance) Packet to the Public Works Department until ALL requirements listed below are complete. Incomplete applications or applications which cannot be processed will be returned to applicant. Date: Developer. Tract o.: X70-? Tract Name: / ayy , C Lot No. (s): Address(s).: �/ — i` The following are the requirements for Public Works Clearance to authorize issuance of a building permit from the �i+dfffie-8e Safety �c�r�,taaa�t ❖ CUSTO ❖ TRACT HOMES: PROVIDE ITEMS #1 #2 #3 #4 (AS APPLICABLE) AND #6 BELOW ❖ COMMERCIAL BUILDINGS/OTHER: PROVIDE ITEMS #1 #2 #3 AND #5 BELOW ❖ WALLS: PROVIDE ITEMS #7 BELOW RECEIVED ❖ SIGNS: PROVIDE ITEMS #8 BELOW NOV 2 228% 1PUBU C worm, 1. Attach Pad Elevation Certificates in compliance with the approved design elevation for building pad (maximum allowable deviation of.+/- 0.1 foot). Pad Elevation Certificates must be current (within 6 months of current date). If a precise grading plan creates the pad for approval, please withho s ittal until a Pad Elevation Certificate can be provided. 2. Attach geotechnical certificatio of gradingIan compliance 3. Attach recorded final map showing proposed building locations are legal lots. 4. Attach a completed < 1 acre per lot or infill project Fugitive Dust Control project information form, Q PM 10 plan & agreement or provide alternative & valid City approved PM 10 plan set reference number or hard copy plan. PM 10 plans for commercial & residential developments (beyond 1 lot) are submitted separately with grading plans & are subject to additional requirements. . 5. Attach an approved precise grading plan for the building location(s). AO flood zone developments will require an approved flood plain development plan. 6. Attach an approved rough grading plan for the building location(s). 7. Attach wall plan & related approved grading plan. 8. Attach sign layout/plan & related precise grading/landscape plan. I have reviewed and confirmed the requirements listed above as presented and find the improvements to be sufficiently complete for construction of the proposed buildings/structures/walls/signs on the subject lot(s). Pursuant to n s, the abo proje may eleased for building permit issuance. Recommended by: Dated: Public Works Distribution:(_) Green Sheet to Building & Safety counter (_) Green Sheet to Community Development Declined for approval for reason(s) as follow(s), please correct and resubmit: City of La Quinta - PM 10 Project Information (�< 1 acre per Lot or Infill Project) Page 1 of 3 Form updated & effective 8/25/2005 r Project Information Project Phase Project Contractor: Projechase (Check 0 ❑ Construction ❑ Demolition F] Project Name: Project Tract Numb'e'r:- umber: - — `Lot Number(s): Anticipated Start Date: Project eetAddress. Anticipated Completion: Total acres in active construction (< 1 acre per Lot): Project Contact Information quired 24 hours a day, 7 days a week, Please Note: Du t control iZaus. regardless of co struction Person listed below is responsible for dust control luring business and non- business hours. Name: Title: Company Nam - Mailing Addres = City: State: Zip Code: Primary Teleph ne Number: Fax.- ax:24 24Hour Access/Emerge cy Phone: Cell Phone: PM 10 Certificat Number: ❖ Expanded PM 10 plans for commercial and residential developments > 1 acre are required by the City of La Quinta. Ott of u%ta - PriUil �I o PY09�ti �.P'���rfT1�Ip00rB � C �'`� . 1� ®crR'ner •Lsrt ®e 9rrf.11 � y a tWeot 1. 3 ' �4'M 11pdated & .a -2R- of effective / `ectrve 8, 25/2OOv� Proje6t Information' project Contractor:. Project Phase Project Phase {Check One): Project :dame: Construction Project Tract-- . Number: TZAcT [� Demolition Lot Numbers?: L-oT Anticipated+Start,Date: Anticipated Project Street -- Completion: Address: .78&11 -rA,Vi Tull Total acres in active construction (<1 acre 1 per Lot), . Peayect Contact Informatlon PIS ase Note: Dust control is required 24 hours a day, 7 days a week, regardless, of construction status. Perswlisted below is responsible for. dust control Burin" business and no ' siness'hnurs. blame: .. w Title• tc C Company Name ' • Mailin Address: ali7n�� •City: �2�a,B^r6R•4•� .. State: . Zip Code: • Primary Telephone Number: %�o Fax: ,. 24 Hour Access/Emergency _ 7�G ^- .�G �% ' Yec f� Phone; Cell Phone: PM 10 Certificate Number: w' Expanded" PM 10 plans for commercial and, residential the Clay of La Quinta. develo pments > ]acre are required by . b0/Z0 :89dd M HH 88Z©88'ST 00:0Z g80z/I.z/TT Agreement update o' & effactive 8/25/240 of 3 The sigt atyre of the ernoertv owner dor �u2horiaed rgpreseniativei Shall..act as his/her acknowledgement of dust control requirements and their, enforceability, Pursuant to AQMD Rules 403 and 403.1; ❖ Shall constitute and agreement to caMply'vvith all project conditions as identified in the approved dust control plan; rhePLooert ner or authorgsd rs rese'nt� a• five Acknowledges tha° dust control is required 24 hours a day, 7 days •a week, throughout the period of project performance, regardless of project size or status; •P• 'Shall ensure that each and every contractor/subcontractor and all other persons associated with • the project shall be in continuous compliance with all requirements of the-approved dust control = • plan; =• Shall take all necessary precautions to minimize dust, even if additional measures beyond those { ` listed in the dust control plan are necessary; Shall authorize, representative of the City/County to 'enter upon the above mei ntioned prcperty for irapection and/or abatement purposes, and Shall hold harmless the City/County and'its representatives from liability for any actions related to this dust control plari or any C.Ity/pounty initiated abatement activities. ti Sign re of Proparty Owner or Authorized Representative Printed Name — ------ �'�' Z a 'title Date CarnnAn VO/VO 3Jad l 88ZUKSTS 00:0T 900Z!TZ/TT tir t City -of La Quinta Community Development Department 78-495 Calle .Tampico - La Quinta, California 92253 (76.0) 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY Case No.� -Z"S Date Recyd. f - Lfda Fee: "1 C '_ Related Apps.: Logged in by: t APPLICATION LFOR MINOR USE PERMIT APPROVAL MINOR USE PERMIT applications are reviewed' and approved -by,the Community Development Director pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review'is to ensure that land uses requiring the permit do not have an adverse impact on surrounding properties, residents, -or businesses. APPLICANT (Print) MAILING ADDRESS Off. �- e_r 1-wPhone No. CITY, STATE, ZIP: 7n (rn. .5J . G,_Fax No. PROPERTY OWNER (If different): (Print) XV MAILING ADDRESS: Phone No. CITY, STATE, ZIP: Fax No. PROJECT LOCATION: /� r ^- l�� c 1 .. zn'�Z PROPOSED USE AND/OR CONSTRUCTIONdin Incluoperational information �'� *-.r. 1 CONSTRUCTION(Including o : ' P ) % P �� L1 Z YI . (a_ttach'sheets if needed) LEGAL DESCRIPTION (LOT.& TRACT OR A 18\Minor Use Permit �� q0'