MUP 2004-465yye
P.O. Bos 1504
78-495 CALLE TAMPICO (760) .777-7000
Ln QUINTA, CALIFORNIA 9-2253 FAX (760) 777-71-01
March 2; 2004
Mr. Keith Brinson
Brinson Development
74-885 Joni Drive #3
Palm Desert; California 92260
SUBJECT MINOR USE PERMIT 2004-465.(USE COVENANT) FOR 47� -78_0 VIA /
L -IVO NR O- -
Dear Mr. Brinson:
The Community Development Department has reviewed your request to construct a
detached guesthouse on Lot 74 of. Tract 26152, 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 arch itectu-al ly compatible
with .the main residences, subject to execution andrecordation 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 'Recorler 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 game room and/or casitas has been designed in compliance with
the. requirements of Section 9.60.100 of the City's Zoning Code which permit's
accessory bedrooms, subject -to final. .approval by the -Lake: La . Quinta
Homeowner's. Association. As planned,- the guest suite is corr.patible.with the
design of the existing 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 constructed the planned improvements.
MUP465Guest Unit.wpd/g/greg
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 47-780 VIA LIVORNO, LA QUINTA, CALIFORNIA
This covenant and agreement is made and executed on, this the 2nd day.of March, 2004,
by Gary M. Ferrigno and Francoise M. Ferrigno_ 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: .
Lot 74 of MB 227/077 in Tract No. 26152 (APN: 643-140-018)
In consideration of the City of La Quinta issuing a building, p..rmit 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 guesthouse may not be rented nor sold 'independent of the main single family
residence (Minor Use "Permit No..2004=465);
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 b=nding uponfuture
owners, their successors, heirs,. or assigns, and ourselves, and shall continue ifi 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 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 reszinded, revoked,
modified, or otherwise amended or changed; without the expressed written co-lsent 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.
Dated:
,By:
Gary M. Ferrigno
By:
Francoise M. Ferrigno`
t
Notary
GAMUP Letters\COVEN461 Pacifica:doc
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ). ss.
CITY OF LA QUINTA. )
On /27,2,e before me, % V A
Personally appeared QSc�'i— Qr��' personally own to me ce�aefi-to
to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to that he/,*e/thy executed the same in his/ber/th®ir
• authorized capacity(itS), and that by his/per/tbeir 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 Signa e ofthe Nottry Public lor
".J ` Commission t! 1274458 b
Z
z` '`• Notcry Public - Cafdarria
z fi�
Riverside County
My Comm: F Phn Aug 19. M
By.
Osca Orci, Interim Community Dev: Director
City of La Quinta
y
GAMUP Letters\COVEN461 Pacifica.doc