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MUP 2004-577007 of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 C7 OFFICE USE ONLY Case No. hJ'' OY'S :F9' Date Recvd. j O Fee: —7—S "`' Related Apps.: 7W ZgsQ(- 2 - 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 (Print) MAILING ADDRESS 2"y- % Phone No. CITY; STATE, ZIP: CYGL/ic/%i¢ �—� �a�' Fax No. ,�p�%% ��/~ PROPERTY OWNER (If different): 4e4:,fZ (P!LMAILING ADDRESS: d .)C ZPhone No. % 71_'7 2, CITY; STATE, ZIP: Fax No. 2 7 / — �--� — PROJECT LOCATION: /pD PROPOSED USE AND/OR CONSTRUCTION (Including operational information): (attach sheets if neededl LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.)//�'/o� 1 `.�"/0' jo�R L— A' 8Winor Use Perm,i M s • • SUBMISSION REQUIREMENTS: ❑ 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 1 I". O 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 NAME OF PROPERTY OWNER DATE (Please Print) SIGNATURE OF PROPERTY OWNER(, IF NOT SAME AS APPLICANT: DATE —'Z (Signature provides consent for applicant to use site f r 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. AI R''Nircr Use PerTnIT N P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLe TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 23, 2004 Sun Vista Development P.O. Box 1 144 La Quinta, CA 92247 FILE COPY SUBJECT: Approval of Minor Use Permit 2004-577 Dear Sun Vista Development: Your request for Minor Use Permit 2004-577 to allow an attached guesthouse for a new residence at 80-795 Via Portofino for Al Lamperti is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by Mr. Al Lamperti 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, Tim Ng en Assistant Planner Attachment C: Building and Safety Department p:ltim\mup/LA 2004-577.doc • RECORDING REQUESTED BY: City of La Quinta - City Clerk's Office PO Box 1504 La Quinta, CA .92247-1504 WHEN RECORDED PLEASE MAIL TO: Sun Vista Development P.O. Box 1144 La Quinta, CA 92247 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 80-795 VIA PORTOFINO, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 23`h day of December, 2004_by Al Lamperti, 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 148 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 guesthouse may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2004-577); 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 • 0 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 Cityfirst 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. Signature(s) Dated: Printed Name of all owner(s) X /a Thomas P. Genovese Date City Manager/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. 9 4, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) On December 28, 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. RE IA HENSL Y Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) r4��R,EGEWA FEN'SLEy 1521423 Notch wb6c - Caotorl o RlverAe County MV Comm. E 4*es Oct 23.2008