MUP 99-171• �C CITY OF LA QUINTA
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P.O. Box 1504
78-495 CA LLE TAMPICO Bia'ft,�7r6t 47 f -&o' OETY
LA QUINTA, CALIFORNIA 92253 (TDD) (760) 777-1227
November 23, 1999
Mr. Roger Moore
Canaday & Company
17480 E. 17`h Street; Ste. 106
Tustin,' CA 92780
SUBJECT: MINOR USE PERMIT 99-171; Guest House at 78-925 Via Trieste
Dear Mr. Moore:
The Community Development Department has approved your application request to
include a detached guest "house with the 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
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.
CAWrkgrp\Letters\mup99175.wpd
3. Floor area of the guest house shall not exceed 3.0% of the floor .area of the
main. house. This. guest house is approved for The Palisades floor plan, as
previously approved by the City for Lake La Quinta (TR 26152). 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:
4. No cooking/kitchen facilities are permitted to be provided for in the building
construction of the guest house.
5. The guest house 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. By execution of this
approval, the applicant agrees to indemnify, defend, and hold harmless the City
of La Quinta from any legal claim or litigation arising out of the City's approval .
of this minor use permit.
Please be aware that the permit for this unit was issued in June of 1999. The
enclosed deed restriction form must be. completed, notarized and 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
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c: Planning Manager
Building and Safety Manager
Building and Safety Counter Technician
C:\W rkgrp\Letters\mu p9917 5. wpd
RECORDING REQUESTED BY:
Canaday & Company
17480 E. ITh Street; Ste. 106
Tustin, CA 92780
WHEN. RECORDED PLEASE MAIL COPY TO:
City of La Quinta Community Development Department
PO Box 1504
La Quinta, CA 92253
FOR RECORDER'S USE ONLY
COVENANT AND AGREEMENT RESTRICTING THE USE OF AN ACCESSORY
GUEST HOUSE ON LOT 60 OF TRACT 26152; LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed.on this the th day of
by Canaday & Company (Lake La Quinta) 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 60, MB 227/077, TR 26152
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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:
1. The guest house may not be rented nor sold independent of the main single family
residence (Minor Use Permit No. 99-1.71);
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 9.60.100 (Guest Houses) of
the La Quinta Municipal Code; and,
3. All on-site facilities are intended for the sole occupancy of the property owner(s),
guests, and/or 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
greementshall 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—
X