MUP 1998-067CITY OF LA QUINTA
Community Development Department
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
619-777-7125
Case Number:
Date Accepted
Fee: $ -7
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
Assessor's Parcel No.
General Location:_
Acreage:
Existing Zoning:
h Z/.3 - /Z/O - 00 z -
L
eC1aj7 CTioA./
Additional Inforation: Pzf*VS /A �C 4,a4y, tDEi
m %_
(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:
Owner(s):
Signature of
(Print N
71V ) 7117/,9/,
(Phone)
Address: 1570 -t oy�771*VA C4. '922V.--
(Print
2%t%.--
(Print Name)
J�1'%nE
Authority for this application
Signature of Property
Date: -7 &
Date:
Any false or misleading information given in this application shall be grounds to deny this application. Signatures and addresses
of all property owners affected by this application shall be included in this submittal. Separate letters of authorization can be
submitted.
FMMUP-P
l� G
JUL U 1999
�1TY OF L,i
� n+ti►tJ'��
78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (760) 777-7000
FAX (760) 777-7101
TDD (760) 777-1227
July 15, 1998
Canaday and Company
1570 Bropkhollow Drive, #208
Santa Ana, California 92705
Subject: Minor Use Permit 98-067
Dear Applicant:
The Community Development Department has approved your request to construct a guest
house at 78-915 Via Trieste. Prior to issuance of a building permit, the enclosed
Agreement shall be notarized and returned to the Community Development Department.
We will send the covenant agreement to be recorded with the Riverside County Recorder's
Office.
If you have any questions, please feel free to contact our office at 760-777-7067.
Very truly yours,
J
MUNITY DEVELOPMENT DIRECTOR
G8WRgUSDELL
AssociciMPlanner
GT.
Enc.
c: Community Development Director
Building and Safety Director
Planning Manager
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ®'
LTMUP98--067 -25
RECORDING REQUESTED BY:
City of La Quinta
Community Development Department
City of La Quinta, California
WHEN RECORDED PLEASE MAIL TO:
City of La Quinta
Community Development Department
c/o Greg Trousdell, Associate Planner
P. O. Box 1504
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78-
915 VIA TRIESTE, LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed on this the 15th day of July, 1998, by
Canaday and Company, 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 or she is the property owner of the following
described real property in the City of La Quinta, County of Riverside, State of California:
Lot 59 of Tract 26152 (Assessor's Parcel Number 643-140-002).
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 guest house may not be rented nor sold independent of the main single family
residence (Minor Use Permit No. 98-067);
2. No kitchen or cooking facilities shall be constructed in the guest house per the
provisions of Sections 9.30.030 (RL Zone District) and 9.60. 100 (Guest Houses) of
the La Quinta Zoning Ordinance; and,
3. All on-site facilities are intended for the sole occupancy of the property owner(s),
guests, and caretakers.
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 restriction. This agreement
CoveriMUP067-25
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:
LIM
Notary
Canaday & Company
Christine di Iorio, Planninj Manager
City of La Quinta
CovenMUP067-25
State of California
County of Riverside
On I151g g 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)
e
Document Description: Covenant & Agreement restricting the use of the residence at 78-915 Via
Trieste for Canaday & Company
Number of Pages: 2
Date of Document:
• a
City of La Quinta
Developers Project Approval Form
Gam• 1)1.
Prior to the issuance of Building Permits for the project listed below, the following Departmental
clearances must be obtained. Please return this form to the Building and Safety Department only
after approval. Contact applicant for resolution of conditions preventing or delaying approval.
Project: 2 Single Family Dwellings w/ Guest Houses (78-985 & -915 Via Trieste)
Lots 57 & 59, Tract 26152 (Applicant to file Deed Restrictions)
Applicant Contact: Steve Sante, Canaday & Company, 771-9636
Applicatio / Circulation te:
Community Development Department
Christine Di Iorio, Planning Manager
"'v{ 1385
Public Works Department
a
D to
0
**** APPROVAL NOT REQUIRED **** 00
Steve Speer, Senior Engineer
Building and Safety Department
Mark Harold, Building and Safety Department Manager Date
Health Department
Date
Fire Department
Date
Schools Fees Paid
Date
Date
r,a
,
Mark Harold, Building and Safety Department Manager Date
Health Department
Date
Fire Department
Date
Schools Fees Paid
Date
•
RECORDING REQUESTED BY:
City of La Quinta
Community Development Department
City of La Quinta, California
WHEN RECORDED PLEASE MAIL TO:
City of La Quinta
Community Development Department
c/o Greg Trousdell, Associate Planner
P. O. Box 1504
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78-
915 VIA TRIESTE, LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed on this the 15th day of July, 1998, by
Canaday and Company, 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 or she is the property owner of the following
described real property in the City of La Quinta, County of Riverside, State of California:
Lot 59 of Tract 26152 (Assessor's Parcel Number 643-140-002).
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 guest house may not be rented nor sold independent of the main single family
residence (Minor Use Permit No. 98-067);
2. No kitchen or cooking facilities shall be constructed in the guest house per the
provisions of Sections 9.30.030 (RL Zone District) and 9.60. 100 (Guest Houses) of
the La Quinta Zoning Ordinance; and,
3. All on-site facilities are intended for the sole occupancy of the property owner(s),
guests, and caretakers.
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 restriction. This agreement
CovenMUP067-25
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: /OV
Canaday & Company
Notary
By:
Christine di Iorio, Plannin Manager
City of La Quinta
CovenN UP067-25
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of--�
County of
On -7 / 9 9 before me, -<-
Q(ATE NAME, TITLE OF OFFICER - E.G., "JANE E, NOTARY PUBLIC'
personally appeared _'re Ll 7e- ,
NAME(S) OF SIGNER(S)
'personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(o whose name(o is/aile
subscribed to the within instrument and ac-
knowledged to me that he/shy/tWy executed
the same in his/fj60Ll dir authorized
capacity(ip,�), and that by his/berr/tPr6ir
. •". `.'• REGEN A HENEA SLsignature(;f on the instrument the personW,
p = COMM. #1107891 or the entity upon behalf of which the
Notary Public - California b
RIVERSIDE COUNTY person(,s�' acted, executed the instrument.
My Commis r Expires
..
,�� tar t �, 2000
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
No. 5907
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
•
State of California
County of Riverside
0
On '7115/4 8 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)
Document Description: Covenant & Agreement restricting the use of the residence at 78-915 Via
Trieste for Canaday & Company
Number of Pages: 2
Date of Document:
�.'ecordltjg Requested By
,`HICAGO TITLE COMPANY
AND WHEN RECORDED MAIC TO
Canaday b' Company
1570 Brookhollow Drive
Suite 208
cw°
s+o1s Santa Ana, CA 92705
17.100 (Re V. 4/94) 0
41.9582
RECEIVED FOR RECORD
..,AT 2:00 O'CLOCK
NOV 14 1997
La........of ANVr5we counw calloeila
Recorder
Fees S�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
APN No. Tltle No. Escrow No.
01873CB
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX Is S 616.00 CITY TAX S
13 computed on full value of property conveyed, or
10 computed on full value leu value of liens or encumbrances remaining at time of sale,
G Unincorporated area: 0 City of LA QUINTA and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
WILMA-LA QUINTA L.P., A DELAWARE LIMITED PARTNERSHIP
b
hereby GRANT(s) to CANADAY AND COMPANY, a California Corporation
the following described real property in the
County of RIVERSIDE , State of California:
Lots 49 through 59, inclusive, and
110
98, 99, 100, and 104/ofdTract 26152
SEE EXHIBIT "A " ATTACHED
WILMA-LA QUINTA L.P. A DELAWARE
LIMITED PARTNERSHIP
BY: CENTRUM PORT PAVILION LTD.,
A DELAWARE CORPORATION, AS GENERAL
Dated: October 29, 1997
PARTNER
BY: WILMA SOUTH MANAGEMENT CORP.,.
A GEORGIA CORPORATION, ITS ATTORNEY
State oia C�LY,Y,LQ
Coc:nty of i� A..I
ss.
On IiANIF before me. \ n
"�L
(here Insert name) Notory PvVIC•
Personally oppeored - i/v..,, U , nrLZwi.,�
Personally known to me -(or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/ore subscriped to
Ine within instrument and OCknawledged to me Otl that he/st%o/they executed the game In his/he(phoo authorized COpocity(19s). and
that by his/her/their signotvie(s) on the instrument the
persOn(s). of the entity upon beholf of which the person(s) octad, executed the
instrument.
WITNESS my hand and otticiai seal.
D. G000WIN
My ti+t�ssaN a UN14Wjf
E:NI)ALYNN
Fs: dune e. soottlm)
Signature
t+olary Pubo
0115■ SO01 wffun cortla
EXHIBIT "A"
Parcel 1:.
Lots 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 98, 99, 100, 104, and 110 of Tract no. 26152 in the
, as per map recorded in ook 227,
City of La Quinta, County of Riverside,
State
of
through 85 inclusive of maps, In Clounty iforniarecorder of said County and a ended by pages 77
Resolution no.91-108, recorded March 26, 1992, as instrument no. 105176.
at
EXCEPTING THEREFROM all oil, gas and
of 500 feet,arbon measuredvtertically from the surface of saances lying within and under ted land
portion of said land, lying below a depth
or into that portion of the subsurface, as reserved in deed recorded August 4, 1993- as instrument no.
303.830 official records.
Parcel 2:
A nonexclusive easement for ingress, egress, use and enjoyment of the common area as defined in the
declaration of Conditions, Covenants, and Restrictions recorded November 27, 1991 as instrument no.
415112.
TRA:, 020-024
.APNos: 643-130-049-6
-050-6 �
-051-7
-052-8
=057-3''
-059-5
-055-1
-056-2
-054-0
643-140-001-3
-002-4 '.
-003-5
643-130-058-4
-053-9 �
-063-8
-047-5
ZS l 6 l SL . V l L ANVdW00 AV0VNVO WOdJ
7 '14