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MUP 2004-544FINANCE Revenue Cods (2 -- "La Quinta rlity Development Department -alle Tampico ta, California 92253 '7-7125 FAX: (760) 777-1233 OFFICE USE ONLY Case No. Mur O'1) _iq DateyyReeevd. 0 Fee.14 Related Apps.: Logged in by: %Aft ON FOR MINOR USE PERMIT APPROVAL 0 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 Vl a L'qlE�CA � a SCA mu -7s , 114c, (Print) MAILING ADDRESS 72-1Q?r<? 1P,Aclt1-MjZ'�-_, %1-" • SOITE A Phone No. r CITY, STATE, ZIP: BLmn OF-Sew4 cuz4o Fax No. 11�_ 40Tb PROPERTY OWNER (If different): WCWL 44D (Print) rr,n MAILING ADDRESS: �W"� D_I-H 1 to -ikV" U� J Phone No. �� �r9--7'5'5-1 CITY, STATE, ZIP: A C'�-' 9r5- 0-10 Fax No. 466 "qaq--�� PROJECT LOCATION: io- 12mo ct. - PROPOSED USE AND/OR CONSTRUCTION (Including operational information): (attach sheets if needed) LEGAL DESCRIPTION (LOT & TRACTOR A.P.N.):.kQb .__j_7� 4]6— 604-6 WT A- A 18\Minor Use Permit SUBMISSION REQUIREMENTS: 1 Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff). Five (5) sets of plans on 8'/z" x 11" sheet or folded down to 8'/2" x 11". ❑ 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 MIA WiD: d (Please Print) �`— SIGNATURE OF APPLICANT L�/U�iI- DATE 10• j j - Q 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. A1Minor Use Permit • •I Plot Plan, floor plans and elevation plans (as determined by Community De elopment Department staff). Five (51 sets of plans on 8%z" x 11" sheet or folded down to 8%z" x 11". Filing fte for Minor Use Permit. If filing multiple applications, the most a pensive application will be chargee' full fee, with remaining related applications discounted 50% for each. This discount does not apply to Envu nmental Information form. .. .. .. .. .. .. .. ... .. .. .. .. .. .. ' � 1 NAME OF AP LICANT IN (1 \ 1 (Ple e Printjl SIGNATURE OF APPLICANT_ DATE— NAME TENAME OF PR PERTY OWNER it v iCAW4 (Please Print) SIGNATURE OF PROPERTY OWNER(S) 1F NOT SAME AS APPLICANT: D TE (p (Signatz e provides consent for applicant to-&,- rst r proposed activit1). t " D TE NOTE: o written authority by owner to submit application may be provided) ALSE OR MISLEADING INFORMATION GIVEN IN THIS PLICATION SHALL BE ROUNDS FOR DENYING APPLICATION. A I 8VVinorlUse Permit E'd 860�9LL09L ONI NOSNHH IISIH1 eET:60 b0 61 -400 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CAi_i.F. TAMPICO LA QUINTA, CALIFORNIA 92253 January 19, 2005 Kelly Litecky 72-185 Painters Path, Suite A Palm Desert, Ca 92260 SUBJECT: MINOR USE PERMIT 2004-544 (GUEST HOUSE) Dear Kelly: (760) 777-7000 FAX (760) 777-7101 Attached is a copy of the deed restriction for the guest house that the Community Development Department approved on October 7, 2004. The deed restriction is required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit, a unit . for sale, or to add a kitchen or cooking facility. Please have the property owner sign, notarize and record the attached deed restriction at the Riverside County Assessor's Office and have a copy of the recorded document returned to us for our records so that we can close out the file. Should you have any questions or need additional information, please do not hesitate to contact me directly at (760) 777-7068. Sincerely, MARTIN MAGANA Associate Planner P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 October 7, 2004 Kristi Hanson 72-185 Painters Path, Suite A Palm Desert, Ca 92260 SUBJECT: MINOR USE PERMIT 2004-544 (GUEST HOUSE) Dear Kristi: (760) 777-7000 FAX (760) 777-7101 The Community Development Department has. reviewed your request to establish a guest house on property located at 58-697 Via Dona (Lot 35D of Tract 29894-4) within The Hideaway development, and has approved your request subject to the following conditions: 1. Only one guest house (attached or detached) may be established per lot, in addition to the primary residence. 2. The guest house shall be architecturally compatible with the main residence on the property. 3. The height of the guest house shall not exceed seventeen feet in height and not be more than one story. 4. The floor area of the guest house shall not exceed thirty percent of the existing living area of the primary residence and not result in violation of the lot coverage maximum. 5. There shall be no kitchen or cooking facilities within the guest house. 6. The guest house shall used only by the occupants of the main residence, their non-paying guests, or domestic employees. 7. The guest house shall not be rented or otherwise occupied separately from the main residence. 8. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit, a K. Hanson MUP 04-544 Page 2 unit for sale, or to add a kitchen or cooking facility. The attached deed restriction shall be signed, notarized and recorded at the Riverside County Assessor's Office by the property owner(s). 9. The guest house shall be hooked up to the existing sewage disposal system for the property. 10. The City may elect to add Conditions to this application request to mitigate any problems that arise not previously addressed herein. This decision may be appealed to the Planning Commission by anyone provided they submit the necessary paperwork and filing fee of $175.00 with this office within 15 days of approval of this permit, which is the appeal period established under Section 9.200.120 of the Zoning Code. Please have the property owner sign, notarize and record the attached deed restriction and have a copy mailed back to us for our records. Should you have any questions or need additional information, please do not hesitate to contact me directly at (760) 777-7068. Sincerely, OSCAR ORCI, INTERIM COMMUNITY DEVELOPMENT DIRECTOR MARTIN MAGANA Associate Planner C: Building & Safety Department Chron file P:\Martin\MUP's\MUP 04-544 Hanson.doc RECORDING REQUESTED BY: Michael & Stephanie Ingster 20-600 Lomita Avenue Saratoga, Ca 95070 WHEN RECORDED PLEASE MAIL TO: FILE COPS! Michael & Stephanie Ingster 20-600 Lomita Avenue Saratoga, Ca 95070 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 53-697 Via Dona , LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 9th day of MARCH, 20 05 , by MICHAEL & STEPHANIE INGSTER , 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: LOT 35, BK. 772, PG. 41, TR 29894-4, in the City of La Quinta, County of Riverside, State of California 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. 2004-544); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapter 9.30.030 (RL Zoning District) and 9.60.110 (Guest Houses)*of the La Quinta Municipal Code; 3. 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. By: 1. 2. 3. 4. Signature(s) Dated: Approved as to form: Douglas R. Levans Community Development Director City of La Quinta Dated: j/9/oS Michael Ingster Stephanie Ingster Printed Name(s) ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8-1/2 X 11" FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) On March 10, 2005 , before me, Regenia Hensley, Notary Public, personally appeared DOUGLAS R. EVANS personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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) RE IA HENSLEY Notary Public Commission ## 1521423 Expiration: October 23, 2008 REGE[ A HE EY �" �drru slot, # t. 423 . NotaryAibk - CoNsfomlo raverWo County My Corms. En*es Oct 23.2008 Y , RECORDING REQUESTED BY: City of La Quinta — City Clerk's Office P. 0. Box 1504 La Quinta, CA 92247-1504 WHEN RECORDED PLEASE MAIL TO: Michael & Stephanie Ingster 20-600 Lomita Avenue Saratoga, Ca 95070 A DOC 0 2003--0165614 03/02/2005 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk d Recorder Ilnll I IIIIIII III IIIIIII IIII COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT Vol 0 58-697 Via Dona , LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 23 r day of e b✓N a ✓ _, 20 0 5 . by M e 4 S -� , as the record owner(s) of the pro crty described herein. The City of La Quinta, a unicipal 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: Lot 35D of Tract 298944 (The Hideaway), as per record map on file with the Recorder 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: 1, The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2004-544); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapter 9.30.030 (RL Zoning District) and 9.60.110 (Guest Houses) of the La Quinta Municipal Code; 3. 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. . $ U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG F. COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT Vol 0 58-697 Via Dona , LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 23 r day of e b✓N a ✓ _, 20 0 5 . by M e 4 S -� , as the record owner(s) of the pro crty described herein. The City of La Quinta, a unicipal 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: Lot 35D of Tract 298944 (The Hideaway), as per record map on file with the Recorder 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: 1, The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2004-544); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapter 9.30.030 (RL Zoning District) and 9.60.110 (Guest Houses) of the La Quinta Municipal Code; 3. 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 r0gased by the authority of the City of La Quinta. All leases of said dwelling and/or property` shilf 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: By: 1. 2. hgster Ingster 4. Signature(s) Printed Name(s) Dated: Approved as to form: Dated: Oscar W. Orci Interim Community Development Director City of La Quinta ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8-1/2 X 11" FORMAT, FOR EACH SIGNATURE. M STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) r. On $� Sao' before me, Personally appeared vs. Qf'L personally own to a or proved to me on the basis of satisfactory evidence to be the Orson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me':that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. WITNESS my hand and official seal, _ Signature of the gotari Publi n 1376M RWWWO count Comm pct ld► 2m6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sar^ On 2 3S before me,�l'p'� oate Name and Title of Offar (e.g., 'Jane Doe, Notary Pubkj personally appeared SfielDtiQ/!le` , Nama(s) of Signer(s) SARA" SAMEL ConwrA M • 1�1 - NotM P-Olfirw.�ft -&0p0ip Ayffin- Sarttc CIQo County- �CoMQF 16, V ❑ personally known to me 5�r proved to me on the basis of satisfactory, evidence to be the person(K whose nameW is/are subscribed to the within instrument and acknowledged to me that He/she/they executed the same in t4Wher/thsW authorized capacityW, and that by **her/thetr signature(Won the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my har�d±qd.Alficial seal. I Notary PuWk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tit a or Type of Document: (,wow- t''s- �a , �re f;RU V"_ 4 SQ - t• ^t) ✓R coom / La v4/i]`Gi , Document Date: Zr ; / o S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01898 National Notety Assoclati0n - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313.2402 - www.naUonainotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-878.8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia- Sle'"Gf ss. County of r Ony Z37 before me, �Q/ J!x.�l i l ou4`J Dale Name and Two of olr=r (e.g., 'Jane Doe. No Pub k') personally appeared ' ' I 1 �� �S/�" Names) of Signer(s) SAN gp Ut:L '3 Comm► • tai Notary . Oortm ❑ personally known to me proved to me on the basis of satisfactory, evidence to be the person(e whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/herRheir authorized capacity(We)7- and that by his/hefflheir signature(s, on the instrument the person(je), or the entity upon behalf of which the person(W acted, executed the instrument. WITNESS my hand an ficial seal. ,aignalaffof Notary Public OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document )tle or Type of Document: oyVW41-$ &jy&py 45rj*ch l & t�—e Document Date: T oS Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 NatbW Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313.2402 - www.nationainolary.org Prod. No. 5907 Reorder: Cell Toll -Free 1 X876.8827 • Martin, Attached from the submitted Give us a 776-4068. Thank you, Kelly `1,' . to O 1c,Qa\ISIICO T O COMPANY q� S FROM FAX PAGES JOB is the Minor Use Permit wner. This Application n October 1 4. 10.19.2004 Martin City of La Quinta — Community Development Department KRISTI HANSON ARCHITECTS, INC. (760) 777-1233 3 I n 9 s t e r Application with the signature goes with the p oject that was (call if you have any questions or need anything else Phone: 760.776.4068 Fax: 7 6 0 . 7 7 6 . 4098 kristiwhanson.architect@verizon.net 860-IP91-1-09L 3WI WOSWUH IISINN e2T:60 b0 6T la0 • a9mrai P.O.. BOX 1504 BUILDING & SAFETY DEPARTMENT 78-495 CALLE TAMPICO (760) 777-7012 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7011 To: Greg Butler, Building & Safety Manager To CDD: -3-8-05 From• car Orci lanning Manager Due date:3-9-05 Status: Cv ✓e,,,,¢ -T— Building Plans. Approval (This is an approval to issue a Building Permit) The Community Development Department has xeviewed the Building Plans for the following project: Description: Guest House Address or general location: 53697 Via Dona Applicant Contact: M/M Ingster The Community Development Department finds that: ❑ ...these Building Plans do not require Community Development Department approval. ❑-" ...these Building Plans are approved by the Community Development Department. ❑ these Building Plans require corrections. Please forward a copy of the attached corrections to the applicant. When the corrections are made please return them to the Community Development Department for review. Doug Evans, Comm.6nity Development Department Director Date Om : M i P -n fe` wlp,56 i9CzQPJ''91