MUP 2004-527P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
October 13, 2004'
P
Mr. Rob Capetz
Sun Vista Development
PO Box 1144
La Quinta, CA 92247
SUBJECT: MINOR USE PERMIT 2004-527 - LOT 138, TR 29894-2
Guest House at 80620 Via Portofino
Dear Mr. Capetz:
(7 60) 777-7000
FAX (760) 777-7101
The Community Development Department has approved your application request to
include a detached guesthouse with your proposed single family residence at the
above address. This approval is based on the following findings:
A. The proposed use is consistent with the La Quinta General Plan and the
approved Specific Plan in effect for The Hideaway (SP 99-0::5), as it is of a
residential nature and is determined to be accessory to the principal
residential structure.
B. The proposed use is consistent with the Zoning Code, and the approved
Specific Plan in effect for The Hideaway 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. The Specific
Plan has been found, in this instance, to allow the guesthouse arrangement
as submitted.
C. The proposed use is not subject to CEQA, per Guidelines Section 15303(e)
D. 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 guesthouse use approval shall remain valid pursuant to
Section 9.200.080, which shall also govern any extension request.
mup04527gh e
3. Floor area of the guesthouse shall not exceed 30% of the floar area of the
main house. Architectural aspects of the guesthouse shall conform to those
of the main dwelling.
4. No cooking/kitchen facilities are permitted in the guesthouse.
5. The guesthouse 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. This approval pertains only to the casita/guesthouse. Other aspects (i.e.
setbacks) of the site plan are not part of this approval.
7. The City may elect to add Conditions to this application request to mitigate
any problems that arise that are not addressed herein.
Enclosed are copies of approved Exhibits A and B, along with a deed restriction
form for compliance with Condition 5 above. 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 guesthouse. 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.
Very truly yours,
OSCAR W. ORCI
INTERIM COMMUNITY DEVELOPMENT DIRECTOR
Wallace H. Nesbit
Associate Planner
Enclosures
c: Planning Manager
,-Building_and',Safety-Managers
Code Compliance
mup04527gh
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RECORDING REQUESTED BY:
City of La Quinta — City Clerk's Office
PO Box 1504
La Quinta, CA 92247-1504
WHEN RECORDED PLEASE MAIL TO:
Andrew Thomas Moshier
Debra Lee Moshier
5698 Country Club Parkway
San Jose, CA 95138
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
80620 Via Portofino , LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed this 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/she is the property owner of the following described
real property in the City of La Quinta, County of Riverside, State of 'California:
Lot 138 of Tract 29894-2, as per Map Book records of the Recorder of Riverside County
In consideration of the City of La Quinta issuing a building permit for cen ain 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. 2004-527 ;
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 LF: 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.
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to
WJWA -0 1 FARM
Orci
Interim Community Development Director
City of La Quinta
Signature(s) Printed Name(s) Date.
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1/2" X 11"
FORMAT, FOR EACH SIGNATURE.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
On 4 , before me,
Personally appeared Q 1,,c_&p, - L�R c., personally kn wn to me r proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged tome that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument .he person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument. .
WITNESS my hand and official seal,
Signature of the otary Public
PHYLLIS MANLEY
Commission 8 1378908
@10
Nofary Public - Cdlfom_
Riverside County
My comm. E ares Oct 16.2006
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