MUP 2003-388S
P.O. Box 1504.
78-495 CALLS TAMPICO
LA QUINTA, CALIFORNIA 92253
February 18, 2003
Michael and Tatiana Hinkle
78225 Calle Fortuna
La Quinta, CA 92253
(760) 777=7000
FAX (760) 777-7101
SUBJECT: MINOR USE PERMIT 2003-388; Guest House at 78225 Calle Fortuna
Dear Mr./Ms. Hinkle:
The Community Development Department has approved your application request to
include a guest house with your 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 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 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. Height of the detached guest house shall not
exceed 17 feet as measured from finished grade.
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.
PAWa11y\Letters\mup03388gh. wpd
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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 guesthouse shall only be used by 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 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 issuance of any Certificate of .
Occupancy for the subject property.
If you have .any questions, please contact me at 760-777-7069.
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
Wallace Nesbit
Associate Planner
WN
c: Code Compliance Division
j�6uilding and Safety.IVlanagier
Building and -Safety -Counter Technician
P:\W ally\Letters\mup03388gh. wpd
RECORDING REQUESTED BY:
City of La Quinta
Community Development Department
City of La Quinta; California. .
WHEN RECORDED PLEASE MAIL TO:
Michael and Tatiana Hinkle
78225 Calle Fortuna
La Quinta CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
78225 Calle Fortuna , LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed on this the day of ,
200—,by Wanda Cooper, an unmarried woman, and Michael and Tatiana Hinkle, husband and
wife, as joint tenants , 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:
Lot 5, Block 6, in MB 019/075, DESERT CLUB TRACT -UNIT #1
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 guest house may not be rented nor sold independent of the main single family
residence (Minor Use Permit No. 2003-388),-
2.
003-388);
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 Wanda Cooper
X Tatiana Hinkle
X Michael Hinkle
Signature(s) . Printed Name(s)
Approved as to form:
Dated:
Jerry Herman, CD Director - City of La Quinta
Dated:
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 V2" X 11"
FORMAT, FOR EACH SIGNATURE.