MUP 2004-492i
i
r.v. 15OX 1504
78-495 -CALLE TAMPICO
LA QUINTA, CALIFORNIA.92253
June 18, 2004
Mr. Bob Howard
5228 Lubao
Woodland Hills, California 91364
SUBJECT: MINOR USE PERMIT 2004-492 (USE COVENANT)
(760) 777-7000
FAX (760) 777-7101
Dear Mr. Howard;
The Community Development Department has reviewed your request to construct a
guestho.use at 56-745 Village Drive pursuant to Sections 9.60.100 (Guesthouses) and
9.210.020 (Minor Use Permits) of th'e Zoning Code. This Department has approved
the .accessory unit because it is architecturally compatible with the main residence,
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 GeneralPlar 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 jthe City's Zoning Code which -permits
accessory bedrooms, subject to final approval by the HOA. As planned, the
guest suite is compatible with the design of the house and the' surrounding
neighborhood in terms of landscaping, scale, height, bulk, lot coverage and
exterior appearance, and will be const lucted 'to meet current Uniform Building
Code requirements. A building permit must be issued to construct, the planned
improvements.
3. The project is exempt from the provisions of the California Environmental
Quality Act (CEQA) under Section 15301(6). which allows additions to
residential structures.
MUP492 Guest Howard.wpd
i
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 56-745 VILLAGE,DRIVE, LA QUINTA, CALIFORNIA
,This covenant and agreement is made. and executed on•this the 18t". day of June, 2004, by
Robert F. Howard and Susan E. Howard 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:
0:27 acres in Lot 63 MB 285/076 in Tract No. 28983 (APN: 764-050-001)
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 guesthouse may not be rented nor sold independent of the main single family
residence (Minor Use Permit No.,2004-492);
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;
a 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
1
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 .
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: '
Robert F. Howard
By;
Susan E. Howard'
B `
Y•
Oscar Orci; Planning Manager
City of La Quinta
STATE OF CALIFORNIA )"
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA ) '
On JZt 4 a- a1 460 IK before me, /
Personally appeared 6L.5da4 personally: own to me or-prev-eEto
ovido to be -the person(s) whose name(s).is/afe subscribed to
the within instrument and acknowledged to me -that he/she,4heyexecuted the same in his/heF4heix
authorized capacity(ies), and that by his,'"e--' r signaiure(s) on theinstrument the person(s), or.
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal,
RECENIA HE',
51_EY
r�n,ri ..in it t27A4543
`. Signa e ofthe Notary Public
z� •
?. MN
REGENIA HENSLEY
' Commission # 1274458 Z
Notary Pub0c - Ca4aTda y
Riverside County
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