MA 2011-632I
l
P.O. Boa 1504
LA QUINTA, CALIFORNIA 92247-1504
78-49.5 CALLe TAMPICO (760) 777-7000
'LA QUINTA,. CALIFORNIA 92253 FAX (760) 777-7101
June 24, 2011
Mr. Thomas Francis
60610 Desert Rose Drive
La Quinta, CA 92253
SUBJECT: MINOR ADJUSTMENT 2011-632: 60610 DESERT ROSE DRIVE
GARAGE DIMENSION MINOR ADJUSTMENT
Dear Mr. Francis:
This letter is to report that the Planning Department has reviewed your Minor
Adjustment application (MA 2011-632), pursuant to Section 9.210.040 of the City
of La Quinta Zoning Code, for the residence at 60610 Desert Rose Drive.
REQUEST:
Grant up to a 10% adjustment to reduce the dimensions of a two -car garage to
21.5' x 18.67'.
CONDITIONS:
1. A building permit shall be obtained from the Building & Safety Department
prior to construction.
2. The proposed addition and all other construction shall comply with all other
development standards as required under the La Quinta Zoning Code.
3. The proposed addition and all other construction shall comply with all other
development. standards as required under the La Quinta Zoning Code. ,
DECISION:
Approval is granted for the requested adjustment subject to the above. listed
conditions and based on the following findings:
:.
• Minor Adjustment 2011-632 is consistent with the La Quinta General Plan,
in that the dimensions for the two -car garage do not alter the approved
land use for the property, or affect land use on. surrounding similar
properties.
• ` Minor Adjustment 2011-632 is consistent with the intent of the La Quinta
Zoning Code, in that the requested adjustment will be conditioned to
comply with all other development standards as required under said Zoning
Code.
• Processing . and approval of Minor Adjustment 2011-632 is in compliance
with the California Environmental Quality Act. The adjustment requested
falls under CEQA Guidelines Section 15305(a) as a "Minor Alterations to
Land - Class 5 Categorical Exemption.
• Approval of Minor Adjustment 2011-632 is not detrimental to the public
health, safety and general welfare, nor injurious or incompatible with other
properties and land use in the. vicinity. The adjustment has no impact on
health or safety issues, and will not affect physical land use characteristics
in the vicinity.
This approval relates only to allowance of the reduction as stated above, and does
not imply any entitlement or' approval of a building permit for any structures shown
on the plans on file. All other development standards of the La Quinta Zoning Code
are applicable and shall be adhered to in preparing plans for building plan check.
If you have any additional questions, please contact me at 760-777-71'25.
I IaI n ni I'd vn
Attachment
C: Building & Safety Department
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June 24, 2011 ..., .
Mr. Thomas Francis
60610 Desert Rose Drive
La.Quinta, CA 92253 T
SUBJECT: MINOR ADJUSTMENT 2011-632: 60610 DESERT ROSE DRIVE
GARAGE DIMENSION MINOR ADJUSTMENT
Dear Mr. Francis:
This letter is to report that the Planning Department has reviewed your Minor
Adjustment application (MA 201 1-632), pursuant to Section 9.210.040 of the City
of,La Quinta Zoning Code, for the. residence at 60.610 Desert Rose Drive.
REQUEST: c
k
Grant up to a'1 0% adjustment to reduce the dimensions' of a .two -car garage to
21.5' x 18.67' .
CONDITIONS:
1.-- A building permit shall be obtained from the"Building & Safety Department
prior to construction.
2. The proposed addition and all other construction shall comply with all other
-development standards as required• under the La Quinta Zoning Code.
3. The proposed addition and all other construction shall comply with all .other '
development standards as, required under, the La Quinta Zoning Code. r
DECISION:
Approval is granted for the requested adjustment subject to the above listed .
conditions and based on the following findings:
•` Minor Adjustment 2011-632 is consistent with the La Quinta General Plan,
in that the dimensions for the two -:car garage do not alter the approved
land use for the property, or affect land use on surrounding similar
properties.
• Minor Adjustment 2011-632 is consistent "with the intent of the La Quinta
Zoning Code, in that the requested adjustment will , be conditioned to
comply with all other development standards as required under said Zoning
Code.
• Processing and approval -of -Minor Adjustment 2011-632 is in compliance
with the California Environmental Quality Act. The adjustment requested
falls under CEQA Guidelines Section 15305(a) as a "Minor Alterations to
'Land" -'Class 5 Categorical Exemption.
Approval. of Minor .Adjustment 2011-632 is not detrimental to the public
health, safety and general welfare, nor injurious or incompatible with other
properties and land use, in the vicinity. The adjustment has no impact on
health or safety issues, and will not affect physical land use characteristics
in the vicinity. r ;
This approval relates only to allowance of the reduction as stated above, and does
not imply..any entitlement or. approval of a building permit for any structures shown
on the plans on file. All other development standards of the La Quinta Zoning Code
are applicable and shall be adhered to in prep-aring plans for building plan check.
If you have any additional, questions, please contact me at -760-777-7125.
Sincerely, o i
Les Johnson
Planning Director
.Attachment ;
C: Building &. Safety Department '
s
ARCHITECTURAL IMPROVEMENT AGREEMENT
THIS ARCHITECTURAL IMPROVEMENT AGREEMENT ("Agreement") is made and entered into
by and between Trilogy, at La Quinta Maintenance Association, a California Nonprofit Mutual Benefit
Corporation (hereinafter referred to as "Association") and Thomas L. Francis, Mary Ellen, Francis, the Thomas
Francis Revocable Trust dated June 4" 1996 (as amended) and the Mary Ellen Francis Revocable Trust dated
June 4, 1996 (as amended) (hereinafter, collectively referred to as "Owner").
t
WHEREAS, Association is a California Nonprofit Mutual Benefit Corporation whose specific and
general purposes are recited in the Articles of Incorporation. The primary purpose recited in those Articles
is to provide for the preservation, management, maintenance and care of the architecture and appearance
of a planned residential development known as Trilogy at La Quinta (hereinafter"Subdivision"); and
WHEREAS, for the benefit and protection of Trilogy at La Quinta Maintenance Association and the
individual members therein, the Association has set forth Rules and Regulations and Design Guidelines
regarding the use, installation and construction of residential Lots and architectural improvements within the
Subdivision: and
WHEREAS, Owner's' lot within the subdivision, to wit, Lot 2 of Tract 30023-3, Records of Riverside
County, California, is subject to the Master Declaration of Covenants; Conditions, Restrictions and
Reservation of Easements and all amendments of record (hereinafter referred to collectively as "Master
Declaration"); and
WHEREAS, the Association's Community Rules& Regulations provide that"... Garages shall be used
for storage and parking purposes only, and shall not be converted for living purposes."
WHEREAS, the Association and Owner seek to identify the conditions, under which Owner may alter
use of a portion of the garage for specific non -living purposes (hereinafter, "Garage Modification") at Owner's
residential Lotwithin the Subdivision, commonly referred to as 60610 Desert Rose Drive, La Quinta, California,
as more particularly described in Exhibit A, attached hereto and made a part hereof by this reference
(hereinafter, "Owner's Lot").
WHEREAS, Association is willing to grant Owner approval for the Garage Modification based upon,
but not limited to, the following:
.r°
• That, except as required by the City of La Quinta Building Department, no exterior changes
(including, but not limited to, a proposed pedestrian door) will be made to the garage of Owner's Lot;
That the Garage Modification area: (a) will only be used for arts and crafts, an exercise area
and for storage; (b) will not be used as. a bedroom, sleeping quarters or rental unit; and (c) will always be
capable of accommodating the parking of two (2) full sized vehicles;
• That Owners agree to obtain a building permit from the City of La Quinta for all portions of
the Garage Modification which require same;
• The Association will have the right toinspect the Garage Modification to verify compliance
with the terms and'conditions of this Agreement, upon ten (10) days' written notice to Owner; `
That the Association will approve a window change of the existing storefront fixed windows
of the Garage Modification if the City of La Quinta Building Department requires the installation of operable
windows (that open up) to long as the windows are consistent with the aesthetics and size of other windows
for Owner's Lot.
WHEREAS, Owner has agreed to execute this Agreement, setting forth the various terms and
conditions relating to the Garage Modification. '
5:104-179%greementMAIA104-179.Francls.AlAmpd '2 ARCHITECTURAL IMPROVEMENT AGREEMENT
NOW, THEREFORE, the parties hereto acknowledge, covenant and agree as follows:
1., The foregoing Recitals are true and correct and are hereby incorporated into this Agreement by
this reference.
2. Owner covenants and agrees that:
a. Except as required by the City of La Quinta `Building Department, no exterior changes
(including, but not limited to, a proposed pedestrian door) will be made to. the garage of Owner's Lot;
b. The Garage Modification area: (i) will only be used for arts and crafts, an exercise area and
for storage; (ii) will not be used as a bedroom, sleeping quarters or rental unit; and (iii) will always be capable
of accommodating the parking of two (2) full sized vehicles;
C. Any and all necessary building permit(s) required by the City of La Quints for any portions of
the Garage Modification will be obtained;
d. The Association will have the right to inspect the Garage Modification to verify compliance
\ with the terms and conditions of this Agreement, upon ten (10) days' written notice to Owner.
3. • Association covenants and agrees that a window change of the existing storefront fixed windows of
the Garage Modification will be approved if the City of La Quinta Building Department requires the installation
of operablewindows (that open up) so long as the windows are consistent with the aesthetics and size of other
windows for Owner's Lot.
4.. - Le -gal Fees. In conjurictiori with execution'and return of this Agreement, Owner agrees to remit -the
sum of Four Hundred Dollars ($400.00) as payment to reimburse the Association for any and all direct costs
to the Association including, but not limited to, the following: (1) legal expenses; (2) recordation fees; (3)
administrative costs; and (4). any other costs directly related to and necessary for the preparation and
recordation of this Agreement.
5. Maintenance Responsibilities & Enforcement Remedies. Owner for themselves, as well as for
their successors and assigns, covenants and agrees that they will be solely responsible for repair and/or
maintenance of the Garage Modification and, as such, shall reimburse the Association for any and all costs
incurred in efforts to enforce / maintain the Garage Modification (hereinafter, collectively referred to as
"Reimbursements"). Owner acknowledges and agrees that the Association may collect any unpaid
Reimbursements in the same manner as a regular assessment (including lien and foreclosure).
6. Indemnification. Owner shall indemnify for themselves, as well as for their successors and assigns,
and covenants and agrees to hold Association harmless from all claims, demands or liability arising out of or
encountered in connection with this Agreement or the Garage Modification, whether such claims, demands
or liability, are caused by Owner, Owner's agents or.employees, or contractors or subcontractors employed
on. the project, their agents or employees, or caused by any products installed on the project by said
contractor(s) or subcontractor(s), excepting only such injury or harm as may be caused solely and exclusively
by Association's fault or negligence. Such indemnification. shall extend to claims, demands or liability for
injuries occurring during installation, as well'as after.completion, including; but not limited to, all of Owner's
maintenance responsibilities provided herein.
7. Counterparts. This Agreement may be executed'in counterparts and when.each party has signed.
and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts
taken togethershall constitute one and the same Agreement, which shall be binding in effectiveness to all
parties.
8. Covenant Running with the Land. Owners agree that this Agreement shall be a covenant running
with the land as it relates to Owner's Lot.and shall bind and be, a charge upon Owner's Lot and to the
successors or assigns hereof. '
S:104-1791Agreements%lI 104-179.Francis.AIA.wpd 3 ARCHITECTURAL IMPROVEMENT AGREEMENT
9. General Provisions.
a. This Agreement shall not be modified by either party by oral representation made before or
after execution of this Agreement. All modifications must be in writing and signed by both parties.
b. Should arbitration or other legal action be brought to enforce or interpret any part of this.
Agreement, the prevailing party shall be entitled to recover as an element of cost of suit and not as damages,
reasonable attorneys' fees to,be fixed by the arbitrator. The prevailing party shall be entitled to recover his
costs of suit; regardless of whether such suit proceeds to final judgment.
C. If :any term or provision of this Agreement or application thereof is held invalid or
Unenforceable as to.any party, the balance of the.Agreement shall not be affected thereby, and each
remaining term and provision of. this Agreement shall be valid and shall be enforced to the fullest extent
provided by law.
d. Each and all of the covenants and conditions of this Agreement shall be binding on and.
shall inure to the benefit of the heirs, successors; executors., administrators, assigns and personal
representatives of the respective parties.
e. Any claim, controversy or dispute of whatever nature arising out of or concerning the amount
of fees, or whether they were reasonably required for representation of my clients' interests, or any other
matter shall be resolved by final and binding arbitration according to the Judicial Arbitration and Mediation
Services (JAMS) Rules of Practice and Procedure then in effect, except that the parties shall be entitled to
only such discovery as is permitted by Code of Civil Procedure § 1283.05 and any amendment thereto or
successor statutes. Judgment on the arbitrator's award may be entered in any court having jurisdiction
thereof. Should any party refuse or neglect to appear or participate in arbitration proceedings, the arbitrator
is empowered to decide the controversy in accordance with whatever evidence is. presented. The arbitrator
is authorized to award.any party or parties such sums as he shall deem proper for the time, expense, including
but not limited to, costs and legal fees, and trouble of arbitration. The arbitration shall be binding on the
parties.
IN WITNESS WHEREOF,, the parties have executed this A eement.on the dates hereunder written,.
OWNER c THOM�, ANCIS
.Date: G `
as Francis
THOMAS FRANCI REVOCABLE TRUST dated June 4, 1996
(as amende
Date:
Thomas Francis
MARY ELLEN FRANCIS
z.
Date:
Mary Ellen Francis
MARY ELLEN FRANCIS REVOCABLE TRUST dated June 4,
1996 (as amended)
Date:
Mary Ellen Francis
(Signatures Continue on -Next Page)
S:104-179%greementsWA104-119.FrancisAIA wpd . 4 ARCHITECTURAL IMPROVEMENT AGREEMENT
' is ' ,•, _ ., .
r
GURALNICK & GILLILAND, LLP
ATTORNEYS AT LAW
ATTORNEYS SERVING 4.0-:004 COOK STREET, SUITE 3
COMMUNITY ASSOCIATIONS PALM DESERT, CALIF"ORNIA 92211 ,
`` TELEPHONE: .(760) 340-1515
FACSIMILE: (7.60) 568-3053
E-MAIL: WAYNEG@GGHOALAW.COM
PLEASE REFER TO FILE: 97-113
September 7, 2011
SENT VIA CERTIFIED / RETURN RECEIPT AND FIRST CLASS MAIL
Thomas L. Francis and Mary Ellen Francis ,
35336 Carnoustie Circle ,
Round Hill, VA 20141
c Re: Architectural Improvement Agreement
Property; 60610 Desert'Rose Drive, La Quinta ("Subject Property")
Dear Owners: s ,
In accordance with the recent Ruling Notice of the Board. of Directors of the Trilogy at La Quinta,
Maintenance Association ("Association" )," of September' 7; 201 i, attached. please: find. the. Architectural T
• Improvement Agreement ("Agreement") which has been prepared for your sign8ture (before a notary public). .
Once executed; the Agreement will be recorded against the Subject Property to memorialize the obligation ,
of present and future, owners of the Subject Property to:
(a) ' limit use of the Garage Modification to those uses set forth within Paragraph 2• of the
Agreement; and
(b) indemnify and hold the Association harmless from all claims, demands or liability arising
out of or encountered in connection with the Agreement or the Garage Modification.
As required via the above-referenced Ruling, Notice, within ten (10) days of your receipt of this
correspondence and the attached. Agreement, please return the original signed / notarized Agreement to our
office with a check. in the amount of $400.00 (made payable to the Trilogy at La Quinta Maintenance
Association) to reimburse the Association for the legal fees and recording costs attendant to preparation /
recordation of the Agreement. We will provide you with a, conformed copy of the Agreement, reflecting
confirmation of recordation, for your files. `
If you have any questions relating to the foregoing, please feel free to contact me or'my paralegal,
Laura Days.
Sincer y
Wayne ick t
/Id — Enclosure
cc via email to: Board of Directors,. Trilogy at La Quinta Maintenance Cociatiln c/o'B. Sterett, Association, Business Manager
04.119.TMF.AIA.m..N
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