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MUP 2004-5690 City of La Quinta ANAMM ftm,• co" ../ 02 Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 0 OFFICE USE ONLY Case No. -M I ]to O� Date Recvd. • O Fee: Related Apps.: Logged in by: 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 C, �f, ��G (Print) MAILING ADDRESS —1' 12.5 E—moo WA RA t�42 _9g Phone No (—UUD� - eO l4 CITY, STATE, ZIP: QSE�sS—=� CA 92--2C.o o Fax No. 5(oZ) - PROPERTY OWNER (If different): My== ­� M_� - 5(DT -e7 (Print) MAILING ADDRESS: —\ W EST$ 11� CJ . Phone No. g� CITY, STATE, ZIP: I A x.12021 Fax No. rROJECT LOCATION: PROPOSED USE AND/OR CONSTRUCTION (Including operational information): (attach sheets if needed) LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): 2�-22 � �� Nc-920PE-Aq-2 AI8Winor Use Permit SUBMISSION REGI IIREMENTS: p Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff). 'XVe.t5rynf! of plans on '/z" x 11"sheet or folded down to 8%z" x 11". 3 Filing fee .for Minor Use Permit. If filing multiple applications, the most expensive application will be DO- harged full fee, with remaining related applications discounted 50% for each. This discount does not apply 4/7 S� o Environmental Information form. NAME OF APPLICANT. SIGNATURE OF APPLICANT_ NAME OF PROPERTY OWNER DATE I ki a ►uam) SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: DATE (Signature provides consent for applicant to use site for proposed activity). j i 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 I8\Minor Use Permit 0 �',tr� c� �Quix1a P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLF TAMPICOFIE �� ° (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 20, 2004 Christopher McFadden 72925 Fred Waring Dr. Palm Desert, CA 92260 SUBJECT: Approval of Minor Use Permit 2004-569 Dear Mr. McFadden: Your request for Minor Use Permit 2004-569 to allow an attached guesthouse for a new residence at 53-709 Via Bellagio for Mr. and Mrs. John Botle is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by Mr. and Mrs. John Botle 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 us for our files. Until the recorded copy is received, our Minor Use Permit file is not complete. After we receive 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, 'IdtlAelr- Tim Nguyen Assistant Planner Attachment C: Building and Safety Department p:\stan\mup Itr app 2004-569.doc RECORDING REQUESTED BY: City of La Quinta - City Clerk's Offic e PO Box 1504 La Quinta, CA 92247-1504 WHEN RECORDED PLEASE MAIL TO: Christopher McFadden 72925 Fred Waring Dr. Palm Desert, CA 92260 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 53-709 VIA BELLAGIO, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 17"' day of December, 2004_by Mr. and Mrs. John Botle, 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 322 of Tract 29894-2, 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. 2004-569); 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 fe es. By: X Thomas P. Genovese Date City Manager/Interim Community Development Director City of La Quinta 1*1 X X Signature(s) Dated: Printed Name of all owners(s) 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. R IA HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) REGEMA HENSLEY Comffisdon 11621423 911my Notary PubIC - CoNfornia Riverside county Comm. EvkesOCt 23. -N tAi SEP -03 -?003 11:15 7 E DRU ER L = • el .' S` 't.= -+ r. Vol UJ ooyie i.oniraci .Page two... WHEREAS, the Client agrees to compensate Architect for aforementioned services on a fixed fee basis of This fee (less retainage) will be due upon submittal of Design Package to client/ governing agency. and; WHEREAS, the Client agrees to reimburse Architect for any preauthorized Additional Services at 2.5 direct Personnel Expense (OPE) per attached. and; WHEREAS, the Client agrees to reimburse Architect for related printing mailing, consultants and agency expenditures at direct cost plus 15% (or provide account for such services to be billed to). and; WHEREAS, should the Client or the Architect agree to terminate this agreement, payment for percentage of completion and expenditures to date, will be made to the Architect by the Client. A notice of payment and terms of termination will be provided by the Architect to the Client within Ten working days of receipt of final payment, and; WHEREAS, should the Client andlor the Architect be unable to reach terms of dissolvment arising out of or relating to this Contract, or breach thereof, agree to enter into Mediation proceedings in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof. and; WHEREAS, the Client agrees any judgment arising out of or relating to this contract will not levy damages against the Architect in excess of the fee for services as stipulated above. and; WHEREAS, the Client recognizes that all drawings prepared by the Architect as instruments of Service, are and remain the property of the Architect. Architect: Christopher Mc Fadden License #C 17837 Clients: 3 Date OrJohn Boyle Date And 1 or Mrs. Diane Boyle D to 72-.6,2E Frad lyderinq Or., # 21134 Pahl) IJr;�eri, CA 62260 T r;lapharr.; (71!,0) ;:4G-20 4 Fr;: (7r.G) 5621-0 9161.1, A 0 �! • I!1! +11111 � ,y, ®�©©� �M t _ o O ° ,. . .. .. 4 v_ ie IM�' VIVOIN?.gi, e •ter n� ,: . •' � � �Aiil Ora® I • �� '���- iii' c • " a � Boa e�° 4d�_ vF�. d !�. +���_ � � � i•iriati��\J ,fie � •e�.'%s�` „ c• '�s• o � a. 1, � 0� ©® 1 ' A 0 A / ur s ' 6 ' - Master Bath 641 1 Mauer Badm. ®, Nin r. MEM �a-:�=; O, O III o v i `J � 1 o. Nin r. 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