MUP 2004-478P.O...Box 1504 r
78-495.CALLE TAMPICO (760) 777-7000
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
April 30, 2004
Mr.' Thomas Strebel
Resort Construction '
PO 'Box 680115
Park -City, UT 84015
SUBJECT: MINOR USE. PERMIT 2004-478 (USE COVENANT)
Dear Mr. Strebel:
The Community Development Department has. reviewed your request to construct a
guesthouse at 48-687 Vista Palomino, pursuant to Sections 9.60.100 (Guesthouses)
and 9.210:020 (Minor Use Permits) of the Zoning Code. This Department has
approved the accessory unit because it is architecturally compatible with the main
residence (e.g., stucco exterior, tile roof, etc.), subject to execution and recordation
of the attached paperwork. Once recorded, the original document shall be submitted
to the, City Clerk's Office. Enclosed is' a letter addressed to the County Recorder
stating that covenant paperwork can be recorded.
: - Findings in -support of the request are:
1 No impact to the City's General Plan will occur as the Land Use Element
designates the site for residential purposes under the Low Density Residential
category: The existing lot can,.support the accessory ,building, provided
development standards as set forth in the City's Zoning Code can be met.
2. , The proposed casita unit has been designed in compliance with the
requirements of Section 9.60.100 of the City's Zoning Code which permits
accessory bedrooms,. subject to final approval by the Rancho La Quinta HOA.
As planned, the guest suite is compatible with the design of "the proposed house
and the surrounding neighborhood in terms of landscaping, scale, height, bulk,
lot coverage and exterior appearance, and will be constructed to meet current
Uniform Building Code requirements. A building permit must be issued to
construct the planned improvements
MUPMHuntmpd/g/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
City Clerk
P.O. Box, 1504
La Quinta, CA 92253
COVENANT AND -AGREEMENT RESTRICTING THE USE OF THE PROPOSED
GUESTHOUSE AT 48-687 VISTA PALOMINO, LA QUINTA, CALIFORNIA
This covenant and agreement is made and executed on this the 30`h day of April, 2004, by
Rodney ..P: Hunt Trust 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 certifies that they are the property ' owners of the following
described real property in the City of La Quinta, County of Riverside, State of California:
0.3 ac. in Lot 54 MB 289/077 of Tract No. 29306 (APN 649-540-014)
Section 32, T5S R7E
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 andmithsaid City to restrict the use of said property as follows:
1. The guesthouse may not be rented nor sold independent•.of the main. single family
residence (Minor Use Permit No. 2004-478);
.2.' No kitchen. or cooking . facilities shall be. constructed in the guesthouse . per the
provisions of Chapter 9.60. 100 (Guesthouses) of the La Quinta Municipal Code;
and
.3. All on-site facilities are intended for the sole occupancy of the property owner,
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 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
j
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.
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
performany 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.
Dated:
By:
Rodney P. Hunt Trust
By:
erry He an, Community Development Dir.
ity of La Quinta
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA ) ..
On, r ' 1oc► .. ,before me, �.
Personally appeared. personally. own to me of-p'&eudo
me on the b to be. the person(s) whose name(s) is/aye subscribed to
the within instrument and acknowledged to-nme that he/sheftheq executed the same in his their
authorized capacity(ies), and that by his/4teb4heir signature(s) on the instrument the person(s), or
the entity. upon behalf of which the person(s) acted, executed the instrument.. .
WITNESS my hand and official seal,
REGENIA HENSLEY
COMMLwo,# 1944 Signa e of the Notary Public
Z rt Notmy Public - ca famia
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