MUP 2003-4000
City of La Quinta
Community Development Department
78-495 Calle Tampico
La Quinta, California 92253
(760) 777-7125 FAX: (760) 777-1233
11 V E
APR 0 7 2003
IoM ; N ry T DATION
_PAR M_P-1
49
OFFICE USE ONLY
Case No. NIbV" d 3 — 440D
Date Recvd.
Fee: * 71 r -"
Related Apps.:
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FOR MINOR USE PERMIT APPROVAL
MINOR USE PERMIT applications are reviewed and approved by the Community Development Director
pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring
the permit do not have an adverse impact on surrounding properties, residents, or businesses.
APPLICANT
(Print)
MAILING ADDRESS %/� Phone No. 166 - 77/
CITY, STATE, ZIP: �� C'. 9�� 63 Fax No. iX
PROPERTY OWNER (If different):
(Print)
MAILING ADDRESS: 5bWL6, Phone I
CITY, STATE, ZIP: Fax No.
PROJECT LOCATION: 70 --
PROPOSED
0 --
PROPOSED USE AND/OR//CONSTRUCTION (Including operational information):
�f}si�
ASR 07 2303
LEGAL D SCRIPTION (LOT & TRACT OR A.P.N.): //
/ 6-4 - 353 - 006-
A18Winor Use Permit
0
❑ Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff).
Five (5) sets of plans on 8'/z" x I I" sheet or folded down to 8'/2" x I 1".
❑ Filing fee for Minor Use Permit. If filing multiple applications, the most expensive application will be
charged full fee, with remaining related applications discounted 50% for each. This discount does not apply
to Environmental Information form.
NAME OF APPLICANT tZ '&'4 C r-
(Please Print)
SIGNATURE OF APPLICANT DATE d7-11,1 le
NAME OF PROPERTY OWNER
(Please Print)
SIGNATURE OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT:
DATE
(Signature provides consent for applicant to use site for proposed activity).
DATE
(Separate written authority by owner to submit application may be provided)
NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE
GROUNDS FOR DENYING APPLICATION.
A 18\Minor Use Permit
'—' 5168
EDWARD V. BURCHELL
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5460 LAKE AVE.
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Wells Fa o Bank Minnesota, N.0.
Golden Valley, MN 55427
www.wellsfargo.com
MEMO
i
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
May 22, 2003
Mr. Edward V. Burchell
78915 Casa del Rio
La Quinta, CA 92253
(760) 777-7000
FAX (760) 777-7101
SUBJECT: Minor Use Permit 2003-400; Guest House at 78915 Casa del Rio
Dear Mr. Burchell:
The Community Development Department has approved your application request to include
a detached guest house with your existing single family residence at the above address. This
approval is based on the following findings:
The proposed use is consistent with the La Quinta General Plan, as it is of a residential
nature and is determined to be accessory to the principal residential structure.
2. The proposed use is consistent with the Zoning Code, as it is permitted in the RL
zoning district subject to approval of a Minor Use Permit, and as conditioned in
accordance with Section 9.60.100, regulating Guest Houses.
3. The proposed use is not subject to CEQA, based on Guidelines Section 1 5303(e).
4. Approval of this Minor Use Permit Application will not result in conditions detrimental
to public health, safety and general welfare, nor injurious to or incompatible with other
properties and uses in the vicinity.
Based on the above findings and pursuant to Section 9.60.100 (Guest Houses), the approval
of this application is subject to the following Conditions:
This detached guest house use approval shall remain valid pursuant to Section
9.200.080, which shall also govern any extension request.
2. The detached guest house shall comply with all applicable Building and Zoning Code
standards as applicable.
3. Floor area of the guest house shall not exceed 30% of the floor area of the main
house. Total floor area on the subject parcel shall not exceed the maximum permitted
under the zoning in effect at the time of building permit issuance. Architectural aspects
of the guest house shall conform to those of the main dwelling.
C:\Wrkgrp\Letters\M UP\mup03400gh. wpd ���
4. No cooking/kitchen facilities are permitted in the guest house.
5. The guest house shall only be used by, and shall be restricted by covenant to, the
occupants of the main residence, non-paying guests or domestic employees, and shall
not be rented or otherwise occupied separately from the main residence.
6. Guest houses are defined as being used primarily for sleeping purposes. Exhibit B
indicates this guest house will consist of an office, exercise room and bathroom. Use
of the guest house as a home business office is prohibited. It may be used in part as
an office strictly for the personal use of the residents of the main dwelling, but sleeping
facilities must be provided for.
7. The City may elect to add Conditions to this application request to mitigate any
problems that arise that are not addressed herein.
Enclosed is a deed restriction form for compliance with Conditions 5 and 6 above. It is to be
completed and notarized prior to building permit issuance. It is the applicant's responsibility
to have this document recorded, with the Riverside County Recorder's Office, prior to any final
inspection for the guest house. Therefore, a copy of the recorded document shall be supplied
to the Building and Safety and Community Development Departments for the respective files.
If you have any questions, please contact me at 760-777-7069.
Sincerely,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
Wallace Nesbit
Associate Planner
c: Building and Safety Manager
Building and Safety Counter Technician
Code Compliance
C:\Wrkgrp\Letters\M UP\mup03400gh. wpd
RECORDING REQUESTED BY:
City of La Quinta Community Development Department
PO Box 1504
La Quinta, CA 92253
WHEN RECORDED PLEASE MAIL TO:
Edward and Mary Burchell
78915 Casa del Rio
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
78915 Casa del Rio , LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed on this the day of ,
20_, by ,
as the record owner(s) of the 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/she is the property owner of the following described
real property in the City of La Quinta, County of Riverside, State of California:
.22 acres in lot 91 and portions of Lots 90, 93, and Lot B, all of Tract 25154, as per Map
recorded in Book 239, Pages 50 through 53, inclusive, of Maps in the Office of the Recorder
of Riverside County, more particularly described by Lot Line Adjustment #97-241,
recorded June 9, 1997 as Instrument #201475 of Official Records of Riverside 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 guest house may not be rented nor sold independent of the main single family
residence (Minor Use Permit No. 2003-400);
2. No kitchen or cooking facilities shall be constructed in the guest house per the
provisions of Chapter 9.30.030 (RL Zone District) and 9.60.110 (Guest Houses) of
the La Quinta Municipal Code;
All on-site facilities are intended for the sole occupancy of the property owner(s),
guests, and caretakers (i.e., a maid and/or housekeeper, etc.); and,
4. The guest house shall be used primarily as a sleeping facility, and shall be maintained
in accordance with all zoning and other codes as set forth in the La Quinta Municipal
Code, as may be amended from time to time.
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
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, 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.
LIZ
Signature(s)
Approved as to form:
Printed Name(s)
Dated:
Jerry Herman; Community Development Director, City of La Quinta
Dated:
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 81/2" X ] l "
FORMAT, FOR EACH SIGNATURE.
RECORDING REQUESTED Or
Fn)r1Pj ✓
7"
NO RECORDED, MNL TO:
Edward V. Burchell
5460 Lake Ave.
Shoreview, Minn. 55126
ASSESSOR'S PARCEL No- 646-331-005-4
TITLE ORDER NO: Wff-/ - AM
ESCROW NO.: 512359-M
GRANT DEED
155591
RECEIVED FOR RECORD
AT 8:00AM
AtO�Tex APR 13 1999
p
Fift
Dya,�f'� t atAarsba�ira, .e.
THIS PACE FOR MCCA0EM USe ONLY
The undersigned Granlor(s) dedare(s) that the DOCUMENT TRANSFER
TAXIS:
> 3s4.2s County $ qty
xx computed on the fun value of the Interest of property conveyed, or ' t
— computed on the full value less the value of Ilene or encumbrances
remaining thereon at the time of sale
— OR transfer Is SaNIPT from tax for the following reason:
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby ackwwladged, DAYI.A1frrlEUJACKSWN t�r�ART1D��A�
Daylanne Jackson, an unmarried woman 11ARR ® 0!(A11 HO
hereby GRANT(S) to
Edward V. Burchell and Nary G. Burchell, husband and wife as Joint Tenants
all that real property situated In the city of La puinta
County Of Riverside , State of California, described as:
Portion of Lot 91 of Tract 25154 more particularly described Exhibit °A" attached and
made a part hereof
Dated March 15, 1999
STATE OF FO
COU 0 ..1T_ S•�/////////1)))��1
before m
/ Notary Pu I• personally appeared
c ..
f
nay a JacktOnMarkwardt, a married
woman, who took title as
Daylanne JacItson, i
an unmarried woman
personalty known to me (or proved to me on the basis of
satisfactory evidence) to be Iho person(s) whose names)
re subscribed to the within Instrument and acknowledged CARO: MANE sr�A�bvfCr.
to me that he/solhey executed the same In his/t"r Comrn'Ub , e I176007
authorized cepa ) that by his/tVthe r signalure(s) Eby �—Cdeo,'jo _
whlchtftonthee�e (s). or the entity upon al MytoTConnlFim
(s� ed the knswme
WITNESS hand a o
Signature Lli
MAILTAX STATEMENTS TO: rrw...T�Asa,i,mry�.q
NAIFF ADOWA3 cwSTATE A m'
Description: Riverside, CA Document -Year. DoclD 1999.155591 Page: 1 of 2_ 1
Order.' 05-14-2003 01-13-43 PM Comment: V
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EXHIBIT "ONE"
Ordef No. 15287
Lot 91 and portions of Lots 90, 93 and "B" of Tract No. 25154, In the City of La Quinta,
County of Riverside, State of California, as per Map recorded in Book 239, Page(s) 50
through 53, Inclusive of Maps, in the Office of the County Recorder of said County,
described as follows:
Beginning at the most Northerly corner of Lot 94 of said Tract No. 25154; thence South
56" 52' 57" West along the South line of said Lots 91 and 90, 48.37 feet to a line parallel
with (and at a perpendicular distance of 1.00 foot West of) the West line of Lot 91; thence
North 00" 06' 22" West along said parallel line, 171.30 feet to a line parallel with (and at a
perpendicular distance of 20.50 feet South of) the center tine of said Lot "B"; thence North
89" 53' 38" East along said parallel line, 70.00 feet to the Northerly extension of the East
line of Lot 91; thence South 00" 06'22" East along said East fine and extension thereof,
91.30 feet; thence South 28" 38'38" West, 61.20 feet to the point of beginning.
Excepting therefrom any portions of Lettered Lots "A", "B" included within adjusted Lots
87 through 91 and 93 in Lot Line Adjustment No. 97-241 approved June 5, 1997 and
recorded June 9, 1997 as Instrument No. 201475 of Official Records of Riverside County.
I
Description: Riverside, CA Document -Year. DoclD 1999.155591 Page: 2 of 2
Order: 05-14-2003 01-13-43 PM Comment: V
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