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MUP 2004-547City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 wMMUNIXYAX 941KIP OFFICE USE ONLY Case No. AW 04 Date Recvd. ( 0 Fee: '4 -7,5 Related Apps.: Logged in by: AM CATION 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 e l -/UE 4: !Z 4/14 (Print) / MAILING ADDRESS Z- A;1W iIE Phone No. CITY, STATE, ZIP:(,/i 4 N q,, -e5_3 Fax No. PROPERTY OWNER (If different): (Print) MAILING ADDRESS: Phone No. CITY, STATE, ZIP: Fax No. PROJECT LOCATION: PROPOSED USE AND/OR CONSTRUCTION (Including opera,' nal inform tion): &/4/466 �9#n/( Cts"/- i.(� LEGAL DESCRIPTION (LOT & T CT OR A.P.N.): /C& -ft/9 71_WQ'" Z&V - A X W 7Ve Z30010-7-9 A18\Minor Use Permit SUBMISSION REQUIREME ❑ 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%z" 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 (Please Print) SIGNATURE OF APPLICANT ( DATE NAME OF PROPERTY OWNER L law �iC4 (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 P.O. Boa 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 February 22, 2005 ^.� I Clive Clark FILH-�-, 52-825 LaTrobe Lane La Quinta, Ca 92253 SUBJECT: MINOR USE PERMIT 2004-547 (GUEST HOUSE) Dear Clive: The Community Development Department sent you a letter, dated December 14, 2004, approving a Minor Use Permit (MUP 04-547) for your guest house on Lot 19 of Tract 28470-1 located at 78-619 Deacon Drive East (APN: 770-230-009). In that letter we requested to please have the deed restriction signed, notarized and recorded at the Riverside County Assessor's Office and have a copy mailed back to us for our records. We have received the original signed and notarized deed restriction. However, it has not been recorded at the Riverside County Assessor's Office. I have enclosed your original deed restriction for you to have it recorded at the Riverside County Assessor's Office. Once that is completed please mail us a copy of the deed restriction 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, MARTIN MAGANA Associate Planner C: Building & Safety Department File RECORDING REQUESTED BY: City of La Quinta — City Clerk's Office P. O. Box 1504 La Quinta, CA 92247-1504 WHEN RECORDED PLEASE MAIL TO: Clive A. Clark 52-825 La Trobe Lane La Quinta, Ca 92253 is COVENANT AND AGREEMENT RESTRICTING THE USE'OF THE RESIDENCE AT 78-619 Deacon Drive East , LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 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: 0.26 acres in Lot 19 MB 263/076 of Tract 28470-1 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: The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2004-547); 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. OF 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; Clive A. Clark Printed Name(s) Thomas P. Genovese, City Manager/ Interim Community Development Director City of La Quinta Dated: ZlID�O�f ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8-1/2 X 11" . FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) On December 20, 2004 , before me, Regenia Hensley, Notary Public, personally appeared THOMAS P. GENOVESE 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) REG IA. HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 REGENIA HENSLEY Comrnisslon A 1521423 -i Notary PjUlc - California Riverside County My Comm. En*es Oct 23, 2008 i -AR may - "h J 1�s P.O. BON 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 C.Ai.i.F. TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92213 FAX (760) 777-7101 December 17, 2004 Clive Clark 52-425 LaTrobe Lane La Quinta, Ca 92253 SUBJECT: MINOR USE PERMIT 2004-547 (GUEST HOUSE) Dear Clive: The Community Development Department has, reviewed your request to establish a guest house on Lot 19 of Tract 28470-1 located at 78-619 Deacon Drive East (APN: 770-230-009) 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. N,;rm 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 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. attached deed signed, notarized and recorded at the Riverside County Assessor's Office 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, Air' zi� - - MARTIN MAGANA Associate Planner C: Building & Safety Department File PAMartin\MUP's\MUP 04-547 Clark GuestHse.doc LOT 18 APPROVED PAD - 38.00 Apiproyed by: Date Reso # Ll Planning Commission 0 C- Council Lfr%�UNIIII II* VV. yepl, Initials 04 NOO*03'27"W 139.9Caz I- No. MOP- QA 75 PLAWWWXER 4 t:xnjDit Q-Wi1:ilk�ivlAS�#? ! i SPA ...... I V • — — — — — — �_ `—i, I POOL 1 i -------------- ------ - ------------------- - i EAW --------------- G (3 COURTYARD (3 :+ -4-J -- -- -------------- ----- - - -------------------- - ------- - - 7W 171. Uj 6,a N L ------ CO ----------- ---z ao rip ce�emum --------- cr ----- I : : j: RSE ---------------- --------------------- --------------------- a&AR-Gabes L----------------------- ---------- ---------- — — — — — — ------------ N00*03'27"W 141.14* JWh= md6dp may LOT 20 NOTE; SEE GRADING PLAN AND LANDSCAPING PLAN FOR APPROVED PAD - 37.0 ADDITIONAL SITE INFORMATION AND SEE SHEETS CP-1, CP-2, CP-3. 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