MA 2003-522I
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
September 11, 2003
Ms. Kristi W. Hanson, Architect
72-185 Painters Path
Palm Desert, California 92260
Subject: Minor Adjustment 2003-522 for 53-570 Del Gato Dr.
Re: Lot #102 of Tract 28867, Tradition Country Club
Dear Ms. Hanson:
(760) 777-7000
FAX (760) 777-7101
The Community Development Department has approved your request to build a
custom, one story house on Del Gato Drive that has a sloping. roof feature greater than
17 feet high within 150 feet of Avenida Bermudas, pursuant to Section 9.210.040
(Minor Adjustments) of the Zoning Code. Finding in support of your application
request are:
1 . No impact to the City's General Plan will occur with this adjustment request
because the Land Use Element designates the site for residential purposes, and
viewshed diagrams were taken out of the General Plan in March 2002. The
proposed project meets in the intent of Policy 2 of the Land Use Element in that
roof projection is "compatible" with existing residential neighborhoods.
2. This minor adjustment is consistent with the intent and purpose of the Zoning
Code in that the roof elements do not exceed 28 feet in height as specified in
the RL Zoning District per Section 9.30.030 of the Zoning Code. The proposed
residential dwelling is similar in height to existing Cove houses (i.e., RC District).
The lot was identified in the public record for Tentative Tract Maps 28470 (EA
96-333) and 28867 (EA 98-360) as being less of an impact to off-site houses
because of the grade difference and parkway improvements. The building's roof
height shall not exceed 18.7 feet within 150 feet of Avenida Bermudas and will
therefore be in compliance with a 10% deviation provision specified in Section
9.210.040 of the Zoning Code.
Architectural guidelines for The Tradition require the following: "Recognizing
that the residence home may have several levels, the elevation of the highest
point of the roof structure must not exceed twenty-four feet (24') for all lots as
measured from approved pad elevation. The maximum amount of roofing that
MA 03-522 Oates2003.wpd/G
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can project between 18' - 24' above approved pad elevations is 35%. All other
roof elements must stay below an eighteen -foot .height limit." Additionally, no
two story houses are permitted. This development provision has been in effect
since review of Tract 28867 in 1998. The proposed construction plans for the
single family dwelling comply with the intent of this development regulation.
3. The project is exempt from the provisions of the California Environmental
Quality Act (CEQA) under Class 3 of Section 15303(a) which allows
construction of a single family house on an existing lot of record.
4. There are special circumstances applicable to the property, including factors
such as size, shape, topography, location or. surroundings that justify approval
of the adjustment. The special circumstance is that the lot pad is 9 feet lower
than the Avenida Bermudas street ensuring views of the surrounding mountains
by Cove residents will be maintained even after the single story house is built.
As designed, roof features complement the architectural features of the custom
home and enhance the marketability of The Tradition Country Club, thereby
lessening the overall impact of the proposal.
5. This minor adjustment will not be detrimental to the health, safety, and general
welfare of this area of the City because building setbacks exceed the City's RL
Zoning District standards and the final construction plans must be approved by
The Tradition HOA.
This review does not cover any other vacant residential lot within The Tradition
development, and all other development code parameters shall be met. In summary,
the construction plans on file with the Building and Safety Department meet the intent
of the Zoning Code and Tract 28867, as prepared.
Conditions of Approval:
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this adjustment
application. The City shall have sole discretion in selecting its defense counsel.
2. Roof elements within 150 feet of Avenida. Bermudas shall be limited to a height
of 18.7 feet under this permit.
3. We find that we can approve the request provided a building permit is obtained
from the Building & Safety Department by September 11. 2004. Otherwise,
this approval shall expire and be of no use unless extended by this Department.
This decision may be appealed to the Planning Commission, provided this Department
receives your written request and filing fee of $175.00 by September 25, 2003, per
c'
Section 9.200.120 of the Zoning Code. Please also be aware that no other minor
adjustments may be approved at this site as prescribed by existing Zoning Code
provisions.
Should you have questions regarding this letter, please contact the undersigned at
760-777-7067, or via e-mail at gtrousde@la-quinta.org. The .Municipal Code can be
accessed on the City's Website by logging onto la-quinta.org.
Veyq\tr�,rty�ours,
CO)IIMCJNI/rY DEVELOPMENT DIRECTOR
REG A0USDELL
ssoPlanner.
Enclosures
c: Adam Oates
vommunity Development Director
rt Hanada, B/S Dept. Plans Examiner
rs v
a . CITY OjWA Q UINTA . 4§ Case No. M AoS- 5,
Community Development Department Fee: $200
ts
APPLICATION FOR MINOR ADJUSTMENT
APPLICANT: Submit this form with two copies of a scaled site plan, drawn to adequately depict the nature of the request.
A nonrefundable fee of $200 is required when the Application is submitted. The check must be made payable to the "City
of La Quinta". A Minor Adjustment Permit (Section 9.210.040/Zoning Ordinance) may be approved only for deviations
of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten -foot setback
requirement) or for deviations specifically identified in the La Quinta Zoning Ordinance. Other deviations shall require
consideration of a variance (pursuant to Section 9.210.030Nariance\Zoning Ordinance). If the Applicant is not the owner
of the property, a letter must be submitted by the owner authorizing the Applicant to execute this document in his behalf.
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PLEASE PRINT OR TYPE
APPLICANT/CONTRACTOR: "[ T_ \ DATE: Cf ' �_ _V�__
CONTACT PERSON (IF DIFFERENT):_ PHONE: +0
MAILING ADDRESS: 1"G'
(Address)
OWNEW S NAME:
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MAILINGADDRESS: 0
(Address) `� (Ci )
STREET ADDRESS OF PROPERTY: �7?j - �j'1O C�
LEGAL DESCRIPTION OF PROPERTY: LOT # 101E t TRACT
ASSESSOR'S PARCEL NUMBER:7O "�l1O ' Dom
ADJUSTMENT REQUESTED: I -i LOU
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(State) (Zip)
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REASON FOR REQUEST: I i-0 I I W�1 - � U i 2 �'� O+ arou t
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SIGNATURE OF APPLICANT DATE
SIGNATURE OF OWNER (if not the s rine as applicant) o
PLANNER:
The following findings shall be made by the decision-making authority prior to the approval of any Minor Adjustment
Permit:
I. Consistency with General Plan. The project is consistent with the General Plan. /��;���•s
2. Consistency with Zoning Code. The project is consistent with the provisions ofthe 7Qni 9 } de
3. Compliance with CEQA. Processing and approval of the permit application area compf tth the requirements
of the California Environmental Quality Act. ��'
4. Surrounding Uses. Approval of the application will not create conditions mate liy detmimmenfal``to �£he public health,
safety and general welfare or injurious to or incompatible with other properti'l or land uses in tlie. viclmtyy. • '
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