13564 (SFD)y1
4
P.O. BOX 1504
Building 48-386 Via Solana 78-105 CALLE ESTADO
Address LA QUINTA, CALIFORNIA 92253
Owner T.J. ;desert Development L.P.
Mailing v spe;rho
Address P.O. B0% 1716
City Zip Tel.
La Quinta, C k 92263 (619)771-19
Contractor r"Ulager
Sparks Construction, Inc.
Add .so' sax 1716
CityLca Quinta, dip 92253 Te1.(619)771.--13,
State Lic. T3 674074 City 2986
& Classif. Lic. #
Arch., Engr.,
Designer Robert Lamb Hart Architects
�MsCal fornia Street TC415) 386--4268
CityZip State
fan Francisca, & 941.11 Lic. # C2711
LICENSED CONTRACTOR'S DECLARATION
I hereby..affirm:that'I am licensed,,under provisions of Chapter 9 (commencing with Section
7000) of Division'3of the Business'and Professions Code, and my license is in full force and
effect. C. ..r d
j x
SIGNATURE - DATE
OWNER -BUILDER DECLARATION
I hereby affirm that 1 am exempt from the Contractor's License Law for the following
reason: (Sec. 7031.5,9usiness and Professions Code: Any city or county which requires a
permit to construct, atter, improve, demolish, or repair any structure, prior to its issuance also
requires the applicant for such permit to rile a signed statement that he is licensed pursuant to
the provisions of the Contractor's License Law, Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, or that. he is exempt therefrom, and the basis
for the alleged exemption. Any violation of Section 7031.5 by 'any applicant for a permit
subjects the applicant to a civil penalty of not more than rive hundred dollars (8500).
❑ I, as owner of the property, or my employees with wages as their sole compensation, will
do the work, and the structure is not intended or offered for sale. (Sec. 7044, Buisness and
Professions Code: The Contractor's License Law does not apply to an owner of property who
builds or improves thereon and who does such work himself or through his own employees,
provided that such improvements are not intended or offered for sale. If, however, the building
orimprovement is sold within one year of completion, the owner -builder will have the burden
of proving that he did not build or improve for the purpose of sale.)
❑ 1, as owner of the property, am exclusively contracting with licensed contractors to con-
struct the project. (Sec. 7044, Business and Professions Code: The Contractor's License Law
does not apply to an owner of property who builds or improves thereon, and who contracts for
such projects with a contractor(s) licensed pursuant to the Contractor's License Law.)
❑ 1 am exempt under Sec. B. & P.C. for this reason
Date Owner
WORKERS' COMPENSATION DECLARATION
I hereby affirm that I have a certificate of consent to self -insure, or a certificate of
Worker's Compensation Insurance, or a certified copy thereof. (Sec. 3800, Labor Code.)
Policy No. company
❑ Copy is filed with the city. ❑ Certified copy is hereby furnished.
CERTIFICATE OF EXEMPTION FROM
WORKERS' COMPENSATION INSURANCE
(This section need not be completed if the permit is for one hundred dollars ($100) valuation
or less.)
I certify that in the performance of thg work for which this permit is issued, I shall not
employ any person in any manner so as to become subject to the Workers' Compensation
Laws of California.
Date Owner
NOTICE TO APPLICANT: If, after making this Certificate of Exemption you should become
subject to the Workers' Compensation provisions of the Labor Code, you must forthwith
comply with such provisions or this permit shall be deemed revoked.
CONSTRUCTION LENDING AGENCY
I hereby affirm that there is a construction lending agency for the performance of the
work for which this permit is issued- (Sec. 3097, Civil Code.)
Lender's Name
Lender's Address
This is a building permit when properly filled out, signed and validated, and is subject to
expiration if work thereunder is suspended for 180 days.
I certify that I have read this application and state that the above information is correct.
I agree to comply with all city and county ordinances and state laws relating to building
construction, and hereby authorize representatives -of this city to enter the above-.
mentioned property for inspection purposes.
Signature of applicant — Date
Mailing Address
City, State, Zip
No. 13564
BUILDING: TYPE CONST- V OCC: GRP. R3
A.P. Number
Legal Description Lot 103 Tract 27840
Project Description SFD RanchoFlan 2040
Rancho La guinta
L
Sq. Ft. 2057 No. No. Dw.
Size Stories Units
New ❑ Add ❑ Alter ❑ Repair ❑ 'Demolition ❑
Estimated Valuation $166 ? 909.04
PERMIT
AMOUNT
Plan Chk. Dep.
Plan Chk. Bal.
723.67
Const.
$74.00
Mech.
68.60
Electrical
145.52
Plumbing
180.00
.S.M.I.
16.69
Grading
20.0
Driveway Enc.
.00
Infrastructure
3,655.50
Arts is Publi : Places
167.27
TOTAL
5,852.1S
REMARKS
ZONE:
BY:
Minimum Setback Distances:
Front Setback from Center Line
Rear Setback from Rear Prop. Line
Side Street Setback from Center Line
Side Setback from Property Line
FINAL DATE
INSPECTOR `
Issued by:
Date o Perrnit`--__
Validated by:
�(�
"i2
Validation:
i len .
CONSTRUCTION ESTIMATE
NO. ELECTRICAL FEES
NO. PLUMBING FEES
1ST FL. SO. FT. ® $
UNITS
•
ROUGH PLUMB.
BONDING
YARD SPKLR SYSTEM
2ND FL. SQ. FT. @
FORMS
SEWER OR SEPTIC TANK
ROUGH WIRING
MOBILEHOME SVC.
BAR SINK `
POR. SQ. FT. ®
GAS (ROUGH)
METER LOOP
HEATING (FINAL)
POWER OUTLET
ROOF DRAINS
GAR. SQ. FT. ®
TEMP. POLE
GROUT
DRAINAGE PIPING
CARP. SQ. FT. ®
FINAL INSP.
WALL SQ. FT.
WATER SYSTEM
DRINKING FOUNTAIN
GRADING
cu. yd.
$ -Plus-x$-=$
URINAL
SQ. FT. ®
FINAL INSP.
FRAMING
ESTIMATED CONSTRUCTION VALUATION $
WATER PIPING
NOTE: Not to be used as property tax valuation
FLOOR DRAIN
MECHANICAL FEES
WATER SOFTENER
VENT SYSTEM FAN EVAP.COOL HOOD
SIGN
WASHER(AUTO)(DISH)
APPLIANCE DRYER
FIRE ZONE ROOFING
GARBAGE DISPOSAL
FURNACE UNIT WALL FLOOR SUSPENDED
FIREPLACE
LAUNDRY TRAY
AIR HANDLING UNIT CFM
KITCHEN SINK
ABSORPTION SYSTEM B.T.U.
TEMP USE PERMIT SVC
WATER CLOSET'
COMPRESSOR HP
POLE, TEM/PERM
LAVATORY
HEATING SYSTEM FORCED GRAVITY
AMPERES SERV ENT
SHOWER
BOILER B.T.U.
SO. FT. ® c
BATH TUB
SQ. FT. ® c
WATER HEATER
MAX. HEATER OUTPUT, B.T.U.
SQ. FT. RESID ® 11/4 c
SEWAGE DISPOSAL
SO.FT.GAR ® 3/ac
HOUSE SEWER
FINAL INSPECTION
GAS PIPING
PERMIT FEE
PERMIT FEE
PERMIT FEE
DBL
TOTAL FEES
MICRO FEE
MECH.FEE PL.CK.FEE
CONST. FEE ELECT. FEE
SMI FEE PLUMB. FEE
STRUCTURE PLUMBING ELECTRICAL HEATING & AIR COND. SOLAR
SETBACK
GROUND PLUMBING
UNDERGROUND
A.C. UNIT
COLL. AREA
SLAB GRADE
ROUGH PLUMB.
BONDING
HEATING (ROUGH)
STORAGE TANK
FORMS
SEWER OR SEPTIC TANK
ROUGH WIRING
DUCT WORK
ROCK STORAGE
FOUND. REINF.
GAS (ROUGH)
METER LOOP
HEATING (FINAL)
OTHER APPJEQUIP.
REINF. STEEL
GAS (FINAL)
TEMP. POLE
GROUT
WATER HEATER
SERVICE
FINAL INSP.
BOND BEAM
WATER SYSTEM
GRADING
cu. yd.
$ -Plus-x$-=$
LUMBER GR.
FINAL INSP.
FRAMING
FINAL INSP.
ROOFING
REMARKS:
VENTILATION
FIRE ZONE ROOFING
FIREPLACE
SPARK ARRESTOR
GAR. FIREWALL
LATHING
MESH
INSULATION/SOUND
FINISH GRADING
FINAL INSPECTION
CERT. OCC.
FENCE FINAL
INSPECTOR'S SIGNATURESIINITIALS
GARDEN WALL FINAL
CITY OF LA OUINTA
' or DEPARTMENT OF PLANNING & DEVELOPMENT
Cay ofLAuui � BUILDING DIVISION
24-HOUR NOTICE FOR SPECTIONS
777-7153
)wmsr T.D. Desert.Development
.ontractor Sparks Construction, Inc.
'emit Number 13564
POST ON JOB IN CONSPICUOUS PLACE
INSPECTOR MUST SIGN ALL APPLICABLE SPACES
IOBADDRESS 48-385• Via Solana
;FDC -Lot 103
TYPE OF INSPECTION DATE INSP.
'OUNDATION & SETBACK
'OOTING STEEL l
RAIN GROUND SYSTEM
3ROUND PLUMBING
ARE-GUNITE
)O NOT POUR CONCRETE UNTIL ALL ABOVE HAS ®EEN SIGNED
:ONCRETE SLAB
IOISTS & GIRDERS
:LECTRICAL GROUND WORK
)O NOT POUR CONCRETE UNTIL ALL ABOVE HAS BEEN SIGNED
1EATING & VENT -A/C !
'InF:PI Ar.;:
COVER NO WORK UNTIL ABOVE HAS BEEN SIGNE
)RYWALL INTERIOR `
:XTERIOR LATH
'OOL PRE PLASTER
'OOL FENCE & GATE
'EWER SEPTIC TANK LAZi
FINA
ELECTRICAL
)LUMBING ,
'INAL GAS TEST
4EATING - A/C
iOUSE NUMBERS
IOB COMPLETED
"EMP POWER rr
ABOVE APPROVALS DO NOT INCLUDE RIGHT TO
TURN ON UTILITIES OR OCCUPY BUILDING
4188
Zvi
f OF
-O*f Q hilt a-:
it %! Safe BtItt,�itlllt
This Certificate issued pursuant to the requirements of Section 306 of the Uniform Building
Code - certifying that -at the time of, issuance this. structure was in compliance with the various
otdina-nces,of the City regulating building. construction or use: For the foilo—Wing.,
BUILDING ADDRESS. 48-385 Via Solana
Use Classification Single Family -Dwelling Bldg. Permit No. 13564
Group R3 Type Construction VN Fire Zone Use. Zone RR
Owner of Building T D. Desert Development. 'Address -P.O..Box .1716
City La Quint . a, CA 92253 By; Richard 'Kirkland
Date; January 26, 1995
Building Official
POST IN A CONSPICUOUS PLACE.
TI
Zvi
f OF
-O*f Q hilt a-:
it %! Safe BtItt,�itlllt
This Certificate issued pursuant to the requirements of Section 306 of the Uniform Building
Code - certifying that -at the time of, issuance this. structure was in compliance with the various
otdina-nces,of the City regulating building. construction or use: For the foilo—Wing.,
BUILDING ADDRESS. 48-385 Via Solana
Use Classification Single Family -Dwelling Bldg. Permit No. 13564
Group R3 Type Construction VN Fire Zone Use. Zone RR
Owner of Building T D. Desert Development. 'Address -P.O..Box .1716
City La Quint . a, CA 92253 By; Richard 'Kirkland
Date; January 26, 1995
Building Official
POST IN A CONSPICUOUS PLACE.
I o: Greg Butler, Manager Building & Safety, City of LFrom: William Horowitz 760 771 2180
Sery by the Award Winning Cheyenne Bitware
William S. Horowitz, M.D.
48-385 Via,Solana
Rancho La Quinta, CA 92253
Tel. & Fax: 76.0-771-2180
John E: Gallagher
4&365 Via Solana
Rancho La Quinta, CA 92253 G:0 P Y
October 17, 2000
10/17/00 12:03:12 Page 1 of 3
Dear John:
I am at a loss to understand the toile of your recent letter to me after our having had
cordial relations for 5 years (during which time your newspapers have been picked up
when you were away). after you expressed interest several months ago in possibly
buying my property for family or corporate use:.. andas recently as 2 weeks ago at the
swimming pool where we chatted with my new bride about your bride's birth and
marriage there in Wisconsin where we had just visited, I am left to wonder:
What has suddenly exacerbated a situation which'has existed since we both moved in?
Was it the alit invasion we both and everyone else experienced a few months ago? I don't
really think the landscaping or watering had anything to do with it. The other "vermin"
you refer to is the presence of rats on all the properties, and you know the Association has
set out traps for them; again, I doubt the problem,you bring up has any causal connection.
(Incidentally, the only "vermin" I see from my windows are beautiful bunny rabbits and
humming birds attracted to the bushes, which I would miss if they were not there.) As for
interference with the light coming through your block window, the hedge is cut around it
and does not block any light. Occasionally the bougainvillea on my patio does cast a
shadow at certain positions of the sun.
I do understand you are concerned about the bushes against your house although I fail to
understand the damage they are doing, and I indicated I am willing and able to rectify the
problem, first by reducing the watering to almost nothing, then by removing- the hibiscus
and honeysuckle entirely if that is not satisfactory. This, of-course,`would limit my
easement usage for a garden and the esthetics of myhouse�. At the moment, the soil
around the bushes is dry. The property manager`s office requests that I drip water the.
bushes only. There is a drainage gully running from this side yard to between our grassy
backyards which fills and drains to the golf course when the back yards are watered. This
course would also guide heavy storm water away from my side yard and your foundation,
so there is no danger of flooding around your house.
It must be the possibility of'my selling the house which has lent this urgency. Let me
reassure you, I will fix the hedge, if that is what you want, and that the house is not on the
market presently because of the state of my health.
R
o: Greg Butler, Manager Building & Safety, City of'LFrom:•William Horowitz 760771 2180 10/17/00..12:04:06 Page 2 of 3
�
Sert'�,by t'r,e A�Nard Winning Cheyenne Bitware
I
I>
I know`you are/were head of the .architectural/landscaping committee and therefore well -
with the rules and regulations of this association. Whether the committee was
active when I moved in is yet another question. Suffice, it to say, the work was not
bootlegged in, but rather the blocks were installed by the project's builders themselves
' under the direction of Mark Logan who was the landscape contractor for the whole
project at that time, and his services, plans, etc. were bought and paid for through. the
Design Center. How much more official can -you get? More administrative action was not
required at that time. Unfortunately, Mimi, who shepherded the project, is not among us .
to supply the eyewitness details, but Mark could if asked. I have the documentation.
By the way,his invoice declares that he did not construct a retaining wall but instead
used retaining blocks to correct a "serious slope" (which uncorrected would have directed
soil and water erosion directly onto your property and left me with no'side yard!). The
you g
"ori inal".draina a refer to was non-existent except for this "serious slope" directly
g Y � P P Y.
'
from my house to yours, and that fact I believe had the builders o.k. this fix to both
protect your property and mine. And I believe the blocks are functioning exactly as
ylA'
planned, protecting you rather than directing drainage to your house.
i
It should be noted that Via Solana slopes downhill from its origin at Rancho La Quinta
Drive to your house, where the slope seems to level •off. Each house on my side of the
street. has retaining walls between to terrace the side yards and, prevent erosion; my side
I
yard was the last and littlest of the slopes, and therefore not treated as the others.
:• T.
_ Apparently the builders.felt a retaining wall was not warranted at the time ofgrading.
Whether you are dealing with my surface watering, or subsurface drainage from the rest
of the hill, is a point to be considered. As is the fact of crumbling walls and mailboxes all
over the project, pointing to a possible construction defect. Are you aware the sign wall at
the head of our street deteriorated from.watering and had to be replaced?
As for your cited rules, here are a few you failed to -mention, which also might be
pertinent in this dispute: .
1) .The California Civil Code Section 1354 mandates arbitration or mediation before.
litigation.
t'
�i
2) Our by-laws prohibit parking outside the garage:,Article VII, #7.5.3
3) Our by-laws prohibit commercial use of 'the property:. Article VII, # 7.
; .i`'
4) There is something in the law. about statute .of limitations: 5 years. is a long time to
live with a "problem" without complaint, then suddenly "discovering" it. In other
settings, I believe it's called squatter's rights.
i
I.: .
Tn: G'ec Butler, Manager :Building & Safety,'City of LFrom: William, Horowitz' 760 7712180 10/17/00 12:04:58 Page 3 of 3
tee:_;, by the Award Winning Cheyenne Bitware
T:
All these legalisms aside, I don't believe we need to"make a federal case out of this. I am
willing to fix the situation which bothers you; and we can both go on realizing the
peaceful enjoyment of our property. My only hope, is that my health will permit me to do
so. I've had a series of evaluations in three cities•during September, and have another this
week which may tell me if surgical intervention is necessary now. This, as you can
;.
understand,' is preoccupying me. Jbat is why I had my wife read your letter several days
.k.s .
before I felt ready to address your threat of suit.But don't take. that as a threat: lama
J
peaceful man and propose to stay that way: I cannot afford to be exercised about -this or
any other matter. And I like to think of you and Joan as the good neighbors you always
'
have been to me.
With kindest regards and best wishes for your health, I remain,
,l ;
" Bill
Cc:
.
Grady N. ,Sparks, President T.D. Desert Development, LP and
r.
Chairman, Master Association -for Rancho La Quints..
i
Gary LeGroy, Property Manager
'PCM/Desert Resort Management
Greg Butler, Building and Safety Manager
City of La Quints
l„
4U
i
-
1
J
THE GALLAGHER GROUP
48-365 VIA SOLANA
LA QUINTA, CALIFORNIA 92253
760.771.1512
October 10, 2000
William S. Horowitz, MD
48-385 Via Solana
La Quinta, California, 92253
Via Registered Mail
Re: Unauthorized construction of retaining wall, the installation of landscaping and an irrigation system
in the "Use Easement" of John E. and Joan J. Gallagher's `Trivate Yard Area." (The legal
description of the Gallagher Property is Lot 102 of Tract 27840, Map Book 248, Pages 50 to 58.)
Dear Bill:
The purpose of this letter is to hereby demand that you remove, restore or repair at your cost and expense:
(1) remove the retaining wall constructed in the "Use Easement"' area, such area as depicted
by cross -hatching illustrated in the "Use Easement Plat Map," Sheet 4 of 5;
(2) remove the permanent irrigation system installed in the "Private Yard Area;"
(3) remove the vegetation that was planted against the foundation wall of the
Gallagher residence;
(4) restore the grade level and drainage system in accordance with the established
drainage pattern established by Declarant, T.D. Desert Development as part of
the original grading and construction to remove surface water away from the
residence 2, and
(5) repair any damage to the Gallagher residence caused by water damage
resulting from the subject construction.
We specifically request that this work is completed within the next thirty -days (30) due to the oncoming
winter weather and flooding that is incurring because of the subject construction. If this work is not so
completed, we intend to retain a land surveyor, civil engineer and contractor to perform the work required
to restore the property to its original approved grading. We will file an action in the appropriate court for
damages and the reimbursement of expenses incurred, including reasonable attorney's fees.
Encroachment in "Private Yard Area"
Under the "Master Declaration of Covenants, Conditions and Restrictions and Reservation of Easements,"
for Rancho La Quinta (CC&R's), "Private Yard Area" shall be used only as general recreational and
garden areas. Section 3.10.2(iii) states, "...Each owner shall have the right to plant vegetation, establish an
irrigation system thereon, and install such other improvements as are allowed by this Master Declaration
' The "Use Easement" is created in Section 3.10.1 of the Master Declaration subject to the "Specific Plan" prepared for the City
of La Quinta with the developmental standards applying to property designated as Residential Specific Plan (RSP) on the Land
Use Plan.
2 See approved "Grading Plan," "Rancho La Qua, Tract 27840, Parcel 2," prepared by Sanborn/Webb, Inc., Civil Engineers.
THE GALLAGHER GROUP
William S. Horowitz, MD
October 10, 2000
Page 2
and approved by the Architectural Committee...." The Section continues, "...the private yard area on
each Lot shall not be used in any way which would damage, destroy or interfere in any way with use and
quiet enjoyment of the adjacent lots...." The Section states further, "...No improvements may be installed
in the Private Yard Area if they have the potential to disturb the foundation or structural integrity of
the adjacent Residence...." Further, "...All improvements installed in the Private Yard Area must meet the
set back requirements and any other applicable requirements of the City...." (Bold added.)
There is a "Private Yard Area" between our lot 102 and your lot 103, the use of which is governed by
Section 3.10.2(iii) of the CC&R's and the Building Code of the City of La Quinta, as approved in the
Specific Plan for a development filed by T.D. Desert Development, L.P. T. D. Desert Development
required each Buyer at Rancho La Quinta to sign an "Acknowledgement of Disclosures" that stated in
paragraph (6) Use Easements (Ranchos Only), "...Installation of all improvements must meet the set -back
requirements and any other applicable requirements of the city. As a result, Owners may be prohibited
from installing certain improvements along or within the Use Easement area for their residences...."
After researching the file for the property at 48-385 Via Solana (Horowitz), the property manager for
Rancho La Quinta, PCM Resort Desert Management, "...was unable to locate any type of material
pertinent to any wall or other architectural notification...." All architectural records received by any prior
property manager at Rancho La Quinta have always been "...enclosed in the owners file...." No
Architectural Committee approval is on record for this construction.
A retaining wall exists in the "Private Yard Area" between Lots 102 and 103. This illegal wall allows
water to accumulate against the foundation jeopardizing the Gallagher residence. The grade level and
drainage system approved for the Developer as part of the grading and original construction to remove
surface water away from the residence has been destroyed. The vegetation rubs against the wall of the
Gallagher residence and restricts the natural source of outdoor light for the kitchen glass brick wall.
Further, the density of the vegetation harbors spiders and rodents along the length of the entire westerly
foundation wall..
The Building Code approved by the City of La Quinta, page 3.13, specifies that property designated as
Residential Specific Plan on the Land Use Plan have a Side Yard Setback of five feet. The Specific Plan
approved for T. D. Desert Development permits only the installation of, "...Residential unit supporting
mechanical equipment shall be allowed within side yard setback area including eave overhang...." Any
other encroachment in the side yard area setback is in violation of the Code.
We wrote to you about this matter on July 8, 2000. We continue to be available to discuss this matter in an
effort to reach an amicable solution. The purpose of the CC&R's is to preserve and protect the value,
attractiveness and desirability of our properties. They must be binding on all parties and enforced.
Very truly yours,
A� N -`-
ohn E. Gallagher
THE GALLAGHER GROUP
William S. Horowitz, MD
October 10, 2000
Page 3
Copies:
Grady N. Sparks, President
T. D. Desert Development, LP
Grady N. Sparks, Chairman
Master Association for Rancho La Quinta
Gary LeGroy, Property Manager
PCM/Desert Resort Management
Greg Butler, Building & Safety Manager
City of La Quinta