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MUP 1998-0380 CITY OF LA QUINTA 41 Community Development Department 78-495 CALLE TAMPICO LA QUINTA, CA 92253 619-777-7125 Case Number: Date Accepted: M Fee: ? ccil 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 Purpose of Request: A a-e-Actf (f-, u Est "o"se C'yt Act,E- Assessor's Parcel No.: 9_' 5SD _ O-243 General Location: fi91A17tY C v✓t Acreage: /--? -0 Existing Zoning I SF� 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: Al E L L I - f h AT00 0-,OyE , ST✓� . J" CG' �f - / �f�/ 9 (Print Name) (Phone) Address: 5V V N7WIAJ -5!41�41uJS 404- Owner(s):I%l/A/1-5•jX&-Zfin,% 60.0 (Print Name) Address: -5Z- Signature Signature of Applicant: Date: Authority for this application is hereby given: / f, Signature of Property Owner(s): 16e,/1.1.0 Date:,��/�` �4 Any false or miskading information given in this application shall be groundsapplication. Signatures and addresses of all property owners affected by this application shall be included in this amseparate letters of authorization can be JAN 13 1998 FMMUP-P CITY 4f LA QUjNT 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 January 27, 1998 Mr. Joe P. Ministrelli, President Painted Cove. Incorporated 50-445 Mountain Shadows Road La Quinta, California 92253 Subject: Minor Use Permits 9.8-037 thru 98-041 Dear Mr. Ministrelli: The Community Development Department has reviewed your request to construct detached guest houses on Lots 28, 29, 43, 57. and 76 of Tract #25429 (Painted Cove) 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 provided. 2. The project is. exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15303(a) which allows construction of up to three single- family residences on a lot in an urban area without environmental review. 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 often have detached accessory buildings (i.e., bedrooms) for their guests. 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 98-037-21 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 - Please feel free to contact me at 760-777-7067, should you have any questions. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR &tePlanner. SDELL Associ GT. Attachments C., Community Development Director Building and Safety Manager Greg Butler, Counter Technician MUP 98-037-21 RECORDING REQUESTED BY: City of La Quinta 61�J 9 Community Development Dept.\; PO Box 1504 La Quinta, California 92253 G���N��E Q�a, WHEN RECORDED PLEASE MAIL TO: \_I 042638 RECEIVED FOR RECORD AT 8:00AM FEB - 5 1998 City of La Quinta Community Development Dept. S PO Box 1504 Few $ La Quinta, California 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF A DETACHED GUEST' o. HOUSE AT 79-060 BIG HORN TRAIL (PAINTED COVE), LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this they "day of January, 1998, by Ministrelli Construction, Incorporated 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 29 of Tract 25429, as shown by Map of file in Book 216, Pages 66-71 of Maps, Records of Riverside County, California (APN: 769-550-023). 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 98-038). The guest house is for sleeping purposes of the on-site residents and their non-paying 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 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 s Q 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: c 3 " 9 Notary By. nistrelli Construction Company, Inc. By: lau � � & A'4 ) Christine di Iorio, Planning Manager City of La Quinta `12G38 4238 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 0 STATE OF CALIFORNIA, ) COUNTY OF On before me, DATE e,61 /I/ NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY personally appeared, SO E- in N/ S L L/ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s l(Nare subscribed to the within instrument and acknowledged to me that(tOshe/they executed the same in fer/their authorized capacity(ies), and that by<t her/their signature(s), on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - ROBIN J. SLAGLE Comm. # 1143569 NOTARY PUBLIC -CALIFORNIA U! FiL2Z'7L L�%C CLRiverside County .+ (SEAL) My Comm. Expires July 1,1001 NOTAR UBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT :3 �y��' NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE a `Itif '138 State of California County of Riverside On I - -r1-9 R 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. - Document Description: Covenant & Agreement Restricting Use of a Detached Guest House at 79- 060 Big Horn Trail Number of Pages: 2 'Date of Document: