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MUP 1998-035CITY OF LA Q UINTA Community Development Department 78-495 CALLE TAMPICO LA QUINTA, CA 92253 619-777-7125 Case Number: /%JG/tom % ? Date Accepted: / —7- Fee: %SJR MINOR USE PERMIT APPLICATION Minor Use Permit (MUP) applications are governed by Section 9.210.020 of the Zoning Code (A copy is attached). Uses requiring a MUP have a low or moderate potential for adverse impacts on surrounding properties, residents, or businesses. Review and approval by the Community Development Director for this application is required. APPLICATION PURPOSE 45-~W4A. /di'6L4:Z& Purpose of Request: Assessor's Parcel No.: _` ✓��' �'� " ' General Location: Acreage: Existing Zoning: Additional Information: (Additional written material can be submitted separately) ARCHITECTURAL PLANS - Three copies of the architectural and landscape/irrigation plans shall be submitted with this application unless otherwise determined by Department staff. Colored renderings may be required depending upon the application being submitted. Applicant: I /W) (Print Name) (Phone) Address: 41 Owner(s): 61 Signature of Authority foi (Phnt Name) t! f' 6 c?c1 Signature of Property Owner(s): Any false or misleading information given in this application shall be grounds to der of all property owners affected by this application shall be included in this sybnj submitted. S� FMMUP-P Date: ion. Signatures and addresses letters of authorization can be OAO D 0 `? 1998 p`PNN`N CITY OF LA CQUIN' FILE COPY T4'y/ 4 4a Qum& . 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 January 28; 1998 Mr. Gary Gardner The Lakes Country Club 112 Running Springs Palm Desert, California 92260 Subject: Minor Use Permit 98-035 (Guest House Permit) Dear Mr. Gardner: The Community Development Department cannot complete our of review of MUP 98-035 until we receive a copy of the Grant Deed for Lot 40 of Tract 28470-1 (Tradition Club) according to the requirements of Section 9.60.100 (Guest Houses) of the Zoning Ordinance. To expedite your application request, the Grant Deed can be faxed to my attention at 760-777-7155. Please feel free to contact me at 760-777-7067, should you have any questions. Very truly yours, JERRY FirERMAN CO UNITY DEVELOPMENT DIRECTOR f GREG O SDELL Associate Planner GT. MUP98-035A-21 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 0 N • FILE COM 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 February 26, 1998 Mr. Gary Gardner The Lakes Country Club 112 Running Springs Palm Desert, California 92260 Subject: Minor Use Permit 98-035 Dear Mr. Gardner: The Community Development Department has reviewed your request to construct a guest house of approximately 575 square feet on Lot 40 of Tract 28470-1 (Tradition Club) according to the requirements of Section 9.60.100 (Guest Houses) of the Zoning Ordinance. Findings for approval are as follows: 1. No impact to the City's General Plan will occur with these minor use permit requests because the Land Use Element designates the sites for residential purposes, and accessory units are permitted in the RL District provided certain development standards are met. These minor use permits are consistent with the intent and purpose of the Zoning Code because setback requirements have been met and no kitchen facilities are being proposed. 2. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15303(a) which allows construction of a single-family residence and other accessory structures. 3. These minor use permits will not be detrimental to the health, safety, and general welfare of this area of the City because custom home developments traditionally have detached accessory buildings (i.e., bedrooms) for their guests. 4. The accessory unit is architecturally compatible with the proposed primary residence and does not exceed 17 -feet in overall height. Prior to building permit issuance, please have the attached Covenant paperwork recorded with the Riverside County Recorder's Office. Once recorded, please submit copies of the documents to our office for filing. MUP 98-035-21 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 �` Please feel free to contact me at 760-777-7067, Should you have any questions. Very truly yours, JERRYRMAN COQ M NITY DEVELOPMENT DIRECTOR GO SDELL Associ a Planner GT. Attachments c: Robert S. Ritchey, AIA Planning Manager Building and Safety Department Manager Greg Butler, Counter Technician MUP 98-035-21 ,0 • PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: STEWART TITLE AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPT. C/O GREG.TROUSDELL P.O. BOX 1504 LA OUINTA. CA 92253. SPACE ABOVE FOR RECORI COVENANT AND AGREEMENT TITLE OF DOCUMENT This document was filed for recording by STEWART TITLE CO. as an scoomodadon only. It has not been examined as to its execution or as to its effect upon the ON or its recordaNity. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) n 082305 RECEIVED FOR RECORD AT 8:00 AM MAR - 6 1998 Raoora.d in Caidr Fboonh d Memlds C-* Cdoft Recorder I Fees 'S USE ONLY This document was tiled for recording by STEWART TITLE CO. as on accomodation only, 't hes r.c been exam ned as t: ;?s 6xccui1oa jP as iU I'S 0e;-', C'''C'n th') ?i, 2 ''r LL— MAR 0 1998 jL U; CITY OF LAQUINTA PLANNING DEPARTMENT 11 AEC 82305 RECORDING REQUESTED BY: Gary N. Gardner Trudy A. Gardner P. O. Box 12947 Palm Desert, CA 92255 WHEN RECORDED PLEASE MAIL COPY TO: City of La Quinta Community Development Department c/o Greg Trousdell PO Box 1504 La Quinta; California 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF AN ACCESSORY GUEST HOUSE AT 52-130 CITATION COURT (THE TRADITION CLUB), LA QUINTA, CALIFORNIA This covenant and agreement are.made and executed on this the 26`h day of February, 1998, by Gary N. Gardner and Trudy A. Gardner 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 he is the property owner of the following described real property in the City of La Quinta, County of Riverside,, State of California: Lot 40 of Tract 28470-1 as per map filed in Book 263, Pages 76790, inclusive, of Maps of said County. 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: The detached guest house is intended for use by the property owner and does not have a kitchen (MUP 98-035). The guest house is for sleeping purposes of the on-site residents and their nonpaying guests pursuant to Section 9.60. 100 of the Zoning Ordinance. 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 second dwelling unit remains on the real property or unless otherwise released by the authority of the City of La Quinta. 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 CO VENMUP3 5Gardner-21 This document was filed for rec (ft by STEWART JITLE CO. as an aemmodstion only. '! 'acs •;,»-1 e�'ammne,f a:, t:1 i� •0 82305 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: 3 — `f — 9 By: Mr. Gary K Gardner, Trustee B: Ms. Tru . Gardner, Trustee Notary Christine di Iorio, Planniif Manager City of La Quinta COVENMUP35Gardner-21 B01,A4—Va, n, j Christine di Iorio, Planniif Manager City of La Quinta COVENMUP35Gardner-21 State of California County of Riverside 82305 On//'19 before me, Phyllis Manley, Notary Public, personally appeared Christine di Iorio, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and. that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) PHYUJS MANM d ` ,, CONM.I10c" • 'a NdMV PLMC — Ca6feedo If RIVERSIDE COUNTY Comm. aq*6G OGT 1& 1�A Document Description: Covenant & Agreement Restricting the Use of an Accessory Guest House at 52-130 Citation Court (The Tradition Club) Number of Pages: 2 Date of Document: 82305 STATE OF CALIFORNIA COUNTY OF RIVERSIDE I On this - D � lFbefore me, Notary Public, personally appeared v +}K* personally known to be (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to be within instrument and acknowledged to me that hetshelthey executed the same in his/her/their authorized capacity(ies), and that his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rt �4 "MIN 1 %'�� MP F-11. STEL TITLE, RIVERSIDE 3 760 777 1233 N0.306 PF�H1 0 March 5, 1998 Mr. Greg Trousdell Associate Planner City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 STEWART TITLE of The Inland Empire 3403 Tenth Strect, Suite 400 • Riverside, California 92501 (909) 276-2700 • (800) 637-2769 • Fax: (909) 276-3366 MFb ER CALIFORNIA LAND TITLL• ASSOCIATION - AMERICAN LAND TITLE ASSOCIATION �G---------- 51998 CITY OF LAOUINTA PLANNING DEPARTMENT Re: Minor Use Permit 98-035 Andrew Pierce Corporation Gardner, Gary N. and Trudy A. Dear Mr. Trousdell: In regards to the above referenced permit number, I have received the original Covenant and Agreement restricting the use of an accessory guest house at 52-130 Citation Court, La Quinta, California, I have sent this document to be recorded March 6, 1998, at our 8:00 recordings. Should you have any questions, please call. Sincerely, lathy rawfor Subdivision D artment kc/ 03-05-98 17:02 RECEIVED FROM:1 909 274 3824 P.01 I nAVA t Aviv VvLr kl6wo 10:02 0orti nracr No. No. 301:4—TC' 1_nan No: WKFN PLECA)RDED NLAII. TOO Gary N. Gardner Trudy A. Gardner it,n, Box 12947 roJ.m DaI96rLi CA 9:'255 MAIL TAX STATI;M1:_NTS TO: Space above this line for Recorder's Use DOCUMENTARY TRANSFER TAX S X Computed on the consideration or vylue of pTopeny conveyed; OR SAMF AS A13OVE Computed on the cunsideration or value less ilens or encumbrances remaining et time of Sale ,The NnAee3igned Grantor _ Signature of Declarant or Agent determining tax -Finn Name Attu' TRA: 020-015 OPANT DEET? FOR A VALUABLE CONAIDEIiATION, receipt of which is hereby acknowledged, '1'IZAUITION CLUB ASSOCIATES LLC, a Delaware -limited liability company hrrehyGRANT(S) to Gary N. Gardner and Trudy A. Gardner, Trustees .for the 0ardtier Family Trusr. under Tate Declt%rarion ddLtad x%50/95 the rt'ui property in the City of La Quints 1. uunfy of Rivetsidt' of Ca1Ifflami3, dcscrih.d --S Lot _,4 '1'ract 29470.1 (Sec Exhibit "A" Artached Hereto) Uated: Janiinry 13, 1998 Mate of California ) ss. Cnonry of�j Ws+rsv��- ) before me, nePsviYuily rppeared' percunally keoAm to me (or prnvcd to mean the hosts of satisfactory evsticnce) to hn the petsoit(s) whnst name(s) is'nrc suhscribed to the within insrmment and acknowledged to me that he)she/they executal the same in hisRter/their euthut MCd capacity(ieG), and that by hictherhheir signaturc(s) on the instrument the pemnn(s) or the entity upon bt:half of which Lhe person owed, exccmcd the insouutcttt. WVESS MY ifA11�D AND OFFICE 1.. SEAL P. W) ! rRAD1Ti ASSOLLCa Oeiaw re li �teedd 1ja ib c (+any ITS' A.,,r,0 E't_ J. -e4K+-. By. Its: i=RR1E MILLER 3 U Comm #11298552 (a'1 •_ NOTAfiv rutritC CALIFORNIA i riivERstaE COUNTY COmen @■p Mimi- 0 2001 y ` I MAV11 1 1VIY UVLr 4,LVo J@ IOU 704 [.D70 U41Uel Y0 Uy: eO LY : Ue/UL WO, 8(FRI) 10 03 P. !)j>> EXHIBIT "A" Lot _40 ot."bract 28470-1, it: aliown by map on file in bunk 263 pages 76 tiuoi t h 9{l of rnaps, records of Riverside CounAl, California. THIS pEEIJ !S Mj& E ANID AcCEPT1E.D RUBJECT TO THF FOLLOWING: 1) Non -delinquent Ieili estate taXGS �ssasr^erts. 2) A11 matters of record, inCludtng withoutiti�iitii►i�t7, t.�:at c:t:�;r neclar2tioit of Covenants, Conditions, Restrictions and Reservation of Easements for the Trsctitaon Community, recorded on July_25, 1997 ny Instrument No. 262677 anti re-Tecorded. August 15, 1.997 as Instrument no. 292176 both of Official records of Riveesida County, California, whir,h is incorporated by reference herein as if fully set forth at length (tie "L`eclarat:cn ). The Declaration includes, arnung other matters, certain architectural and duvciopment, guidelhies and restnctjoi1.5 which will -apply to the eonstraetion of a residence on the ai-ri,ve-descrbed t:)t.