2002-367 (AR)P.O. Box 1504
IIJI%1�/7� 78-495 CALLE TAMPICO
Shining Brighter Than Ever LA Q U I N TA , CALIFORNIA 92253
October 8, 2002
La Quinta Orchard Partners
PO Box 1716
La Quinta, CA 92253
(7 60) 777-7000
FAX (760) 777-7101
SUBJECT: Minor Use Permit 2002-367; Guest House at 79320 Stonegate
Gentlemen:
The Community Development Department has approved your application request to
include a detached guest house with the proposed 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 9.60.100, regulating Guest Houses.
3. The proposed. use is not subject to CEQA, based on Guidelines Section
15303(e). ,
4. Approval of this Minor Use Permit Application will not result in conditio°ns
detrimental to public health, safety and general welfare, nor injurious toy 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 shall 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 30% 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 .to be provided for in the building
construction of 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. 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 Condition 5 above. Itis 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.
If you have any questions, please contact me at 760-777-7069.
Sincerely, -
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
Wallace Nesbit
Associate Planner
WN
c: Building and Safety Manager
Building and Safety Counter Technician
Code Compliance-----`� '
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RECORDING REQUESTED BY:
City of La Quinta
Community Development Department
City of La Quinta, California
WHEN RECORDED PLEASE MAIL TO:
Hugh and Sandra Arnold
79320 Stonegate
La Quinta CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
79320 Stone ag to , LA QUINTA, CALIFORNIA
This covenant and agreement are made. and executed on this the day of ,
20 , by Hugh and Sandra Arnold , as the record owners 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:
,
.94 acres MOL in Lot 30, in MB 238/084, TR 26524
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. 2002-367);
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 and Specific Plan; and,
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.).
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: X
X ,
i X
X
--=---- -
Signature(s) Printed Name(s)
Dated:
Approved as to form:
Jerry Herman, CD Director - City of La Quinta
Dated:
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 %" X 11"
FORMAT, FOR EACH SIGNATURE.