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MUP 2005-592Da `act �lr X44 ' Quinta `�snity Development Department 5 78-495 Calle Tampico c9�sw� La Quinta, California 92253 M of (760) 777-7125 FAX: (760) 777-1233 a✓ OFFICE USE ONLY Case No."o S — S17Z Date Recvd. 1 ' / 50' O S Fee: * 7.5; • 00 Related Apps.: Logged in by: T'. �• APPLICATION 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 Gr<�'RPONIt osS (Print) MAILING ADDRESS 42-621 GcfK STRP-P-T Phone No. CITY, STATE, ZIP: FP%.H aE66.zT , CA - Fax No._ PROPERTY OWNER (If different): JhG L PII1 LIE �'�Ah (Print) MAILING ADDRESS: P, o. 13oX 4-1(9001 -imo, 5(at, 1112. 1 ac. I. -1 to 31 Phone No. CITY, STATE, ZIP: R-Atc HO NTA r1=) CA, 9 2OO-T Fax No. PROJECT LOCATION: PROPOSED USE AND/OR CONSTRUCTION (Including operational information): Pj,--,r_e0N-nAL 'i5,IN(4LE- ffW L Y PHF_L-1 it IC La1robW_ Lam.-e'A __ (attach sheets if needed) LEGAL DESCRIPTION (LOT & TRACTOR A.P.N.): LoT -4,, TF-Ae-T #- 2 fb Wr-i A18\Minor Use Permit SUBMISSION REOUIREMENIT ❑ 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 I I ❑ 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 APPLICANTR��lI�oSS SIGNATURE OF APPLICANT. (Please Print) TE NAME OF PROPERTY (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. A18\Minor Use Permit P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 January 26, 2005 Gordon Ross 42-829 Cook Street Palm Desert, CA 92067 Subject: Approval of Minor Use Permit 2005-592 Dear Gordon Ross: (760) 777-7000 FAX (760) 777-7101 Your request for Minor Use Permit 2005-592 to allow the construction for a new custom guest casita at Lot 4-, Tract # 28867 for Jac and Billie Bernard is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by Jac and Billie Bernard in front of a Notary Public. The original approved documents are then to be recorded with the County Recorder with a recorded copy given to use for our files. Until the recorded copy is received, our Minor Use Permit is not complete. After we review our copy, we will provide our clearance to the Building Department to issue the building permit. Should you have any questions, please call me at (760) 777-7070. Very truly yours, Tim Nguyen Assistant Planner Attachment C: Building and Safety Department HE� RECORDING REQUESTED BY: Jac and Billie Bernard 14044 Caminito Vistana San Diego, CA 92130 WHEN RECORDED PLEASE MAIL TO: FILE COPY Gordon Ross 42-829 Cook Street Palm Desert, CA 92067 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT LOT 4, TR 28867, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 25`h day of January, 2005 by Jac and Billie Bernard, 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: 30 ACRES in LOT 4, BK. 770 PG. 34, TR 28867, 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: 1 . The guest house may riot be rented nor sold independent of the main single family residence (Minor Use Permit No. 2005-592); 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 9.60.1 10 (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. X Signature(s) Dated: Dougla@rR. Evans Community Development Director City of La Quinta Printed Name of all owner(s) -21-0 Date 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 January 26. 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. REG IA HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) REGENIA MEN LE Con— slon 8 1521421 -. Notary Pubbc - C S,hxrdo Riverside County. My Comm. Esptes OCt 23.2x08