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MUP 2008-9949 nNANCE 0 Rromn caft — City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY Can No. 0 v � 'F q Nte Recvd. 3 Fee: + •7S Rctatcd Apps.; Logged in by: 'C�> 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---Ric-hard T. Hu hes (Print) MAILING ADDRESS 78-900 Ave. 47 CITY, STATS, ZIP: La Quinta, CA 92253 PROPERTY OWNER (If different): I'ltotie No. 760.771.8890 Fax Via. 760.771.8891 R. T. Hutzhes Co., LLC (Print) MAILING ADDRESS: Same as Above Phone CITY, STATE, ZIP: Fax No. O� PROJECT LOCATION: Southwest corner of Madison and 60th �F PROPOSED USE AND/OR CONSTRUCTION (Including operational information): 3 Model homes for demonstration purposes utilized for marketing the '!ole,zf57 .--single family-slomes within the community of Malaga Estates at Coral Mountain. _(aftd,Lsh_c_�ts_lf needed) LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): APN #766-110-016 Tentative Tract #33597 in the City of La Quinta, CA A 1 Minor Use Permit 0 blot Plan, floor plans and elevation plans -(as determined by'Community Development Department staff). Five (5) sets of plans on 8%" x. l l ". shcct or folded down to 8Y:" x 11". O -Filing fee -for Minor We Permit. If filing multiple applications, the most expensive application will be chiirged full fee, with remaining related applications discounted 50% for each, This discount does not apply to Environmental Information form. NAME OF APPLICANT Richard T. Hughes (Please Print) SIGNATURE OF ,APPLICANT � DATE April 1, 2008 NAME OF PROPERTY OWNER R. T. HCO., LLC (Please Print) SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: DATEApril 1, 2008_ (Signature provides. consent for applicant to use site for proposed activity). President and CEO 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 I Minor Use Fermis PREPARED 4/03/08, 15:13:23 PAYMENTS DUE INVOICE CITY OF LA QUINTA PROGRAM PZ821L --------------------------------------------------------------------------- PROJECT NUMBER: 08-00000097 MUP 2008-994 MODEL HOME COMPLEX MALAGA E FEE DESCRIPTION AMOUNT DUE ---------------------------------- - MINOR USE PERMIT 75.00 TOTAL DUE 75.00 Please present this invoice to the cashier with full payment. • • 0 r P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 April 21, 2008 Mr. Richard T. Hughes R.T. Hughes Co., LLC 78-900 Avenue 47, Ste. 200 La Quinta, CA 92253 (760) 777-7000 FAX (760) 777-7101 F3FILE COPY SUBJECT: MINOR USE PERMIT 2008-994; MALAGA ESTATES MODEL HOME COMPLEX Dear Mr. Hughes: The Planning Department has reviewed and approved your request for a model home complex with a temporary parking lot for Tract 33597, on the southwest corner of Madison Street and Avenue 60, subject to the exhibits on file and the following Conditions: 1. Prior to use of the model home complex, a cash deposit in the amount of $1,000.00 shall be posted with the Planning Department to insure the removal of the improvements once the permit has expired or the use terminated as required by the City Council Ordinance #361. The deposit will be refunded when all model home improvements and the temporary parking lot have been removed. 2. If a building permit is required, contact the Building and Safety Department at (760) 777-7012 for permit requirements. 3. Provide restroom facilities in the office to accommodate personnel. 4. Mounted on the exterior of the sales office shall be a written notice providing emergency personnel your 24-hour emergency phone number they can call in case problems arise that need your prompt attention (i.e., minimum 1 " high letters). 5. Install one 2A10BC fire extinguisher inside the sales office. 6. The model home complex shall be permitted to remain open for one year from the time it opens, unless a time extension is applied for and granted by this Department. The Planning Director may extend the permit for a set time period if needed. No fee is charged to extend this permit. 7. The applicant shall cause to be recorded upon the subject parcel a covenant limiting the use of any and all structures located on said parcel to use as model homes for viewing purposes only and that any residential use of the structures, including the rent, lease, or sale of any structure or space, shall be prohibited until such time as TM 33597 is recorded with the County of Riverside per State and Local regulations. Prior to the issuance of building permits for the model home units, the applicant shall provide evidence to the Planning Department of said covenant's recordation. 8. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), it's agents, officers and employees from any claim, or litigation arising out of the City's approval of this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 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 to this office within 15 days of approval of this permit. Should you have any questions please contact me at (760) 777-7125. Sincerely, ERIC CEJA Assistant Plann r C: Building & Safety Department Public Works Department • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: R.T Hughes Company, LLC 78-900 Avenue 47, Ste. 200 La Quinta, CA 92253 Attention: Richard T. Hughes • DECLARATION OF COVENANTS This DECLARATION OF COVENANTS (this "Declaration") is made as of this 21 da of April, 2008 by Richard. T. Hughes (".Owner"), with reference to the following: A. Owner is the owner in fee simple of certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). B. The Property is being subdivided by Owner into Fifty Seven (57) lots for residential use (the "Lots") in accordance with Tract Map 33597 (the "Subdivision Map"), which Subdivision Map will be recorded by Owner in the Official Records of Riverside County, California (the "Official. Records") following approval of such Subdivision Map by the City of La Quinta. C. Upon the request of the City of La Quinta, Owner has agreed to record certain use restrictions on the Property, which restrictions shall be effective only until such time as the Subdivision Map is recorded in the Official Records, all as more fully set forth below. NOW, THEREFORE, Owner hereby covenants and agrees as follows: 1. Restrictions on Use. Owner covenants and agrees that until such time as the Subdivision Map is recorded in. the Official Records, any and all structures located on a Lot shall be used as model homes only, no structures on a Lot shall be used for any residential purposes whatsoever and any rental, lease or sale of all or any portion thereof shall be strictly prohibited. 2. Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Property. P:1Eric\MUP'siDeclaration of Covenants for Pre -Final Map Model HOmes.DOC Page 1 of 3 3. Declaration Runs with Land. All of the provisions contained herein are made for the direct burden of the Property, and shall, as to Owner and its successors and assigns, operate as covenants running with the land. 4. Duration of Declaration. This Declaration shall continue in full force and effect until such time as the Subdivision Map is recorded in the Official Records, and upon such recordation, this Declaration shall automatically terminate and be of no further force or effect, without the requirement of any further recordation or reconveyance whatsoever. 5. City of La Ouinta as Beneficiary. The City of La Quinta is hereby declared as a third party beneficiary of this Declaration and shall have full enforcement. authority of its provisions. 6. Section Headings. The Section headings used herein are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the Sections to which they refer. 7. Effect of Invalidation. If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. 8. Amendments. This Declaration, or any provision hereof, may only be terminated (except for automatic termination pursuant to Section 4 above, which shall not require any further document to be executed or recorded), modified or amended by a written document signed and acknowledged by both Owner and The City of La Quinta and recorded in the Official Records. IN WITNESS WHEREOF, Owner has entered into this Declaration of Covenants as of the day and year first above written. Richard T. Hughes, Its: P:1Eric1MUP'slDeclaration of Covenants for Pre -Final Map Model Homes.DOC Page 2 of 3 9.60.250 <em>Model</em> <em>home</em>*plexes. La Quinta Municipal Code Up Previous Next Main Title 9 ZONING Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS 1 remove highlighting I 9.60.250 Model home complexes. http://gcode.us/codes/i ta/view.php?topic=9-9_60-9_60_250&hig... Search Print No Frames A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales offices and related signage may be established if a minor use permit is approved in accordance with Section 9.210.020 and the following requirements are satisfied: 1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of twenty or more units. 2. The complex is located within the area of the project for which it is established. The temporary sales office shall not be located within one hundred feet of an existing dwelling unit which is not a part of the new project. 3. Notwithstanding other provisions of this code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described. 4. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved minor use permit: a. Model homes in compliance with the zoning regulations applicable to the properties that are being sold; b. Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold; c. Temporary sales office buildings or relocatable buildings; d. Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold; e. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold; f. Permanent streets and driveways that will be part of the project after the closure of the real estate office use; g. Temporary childrens playgrounds; h. Temporary and permanent fencing, walks and structural amenities; i. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests; j. Temporary vehicular accessways; k. Temporary landscaping. B. Signs. Signs in connection with a temporary model home complex shall be permitted within a project subject to the following requirements: 1. Project identification signs are permitted at each street entrance and shall conform to the provisions of Section 9.160.070 (Permitted semipermanent signs): a. Sign area: maximum thirty-two square feet per sign and sixty-four square feet aggregate per project. b. Height: maximum ten feet. 2. The sign copy shall be limited to matters relating to the project within which the signs are located. of 2 4/4/2008 11:06 AM 9.60.250 <em>Model</em> <em>home</em>plexes. http://gcode.us/codes/1ta/view.php?topic=9-9_60-9_60_250&hig... 3. Time limits for display of signs shall be concurrent with that of the permitted model home complex. C. Flags. Flags in connection with a temporary model home complex may be permitted within a residential project subject to the following requirements: 1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. United States, state, and other similar flags shall count in the maximum of eight flags. 2. Height. Flag poles shall be a maximum of twenty feet in height on the perimeter of the project and sixteen feet in height in the interior. Pole heights shall be measured from finish grade at the nearest project perimeter. 3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The director shall provide applicants with diameter standards. 4. Size. Flags shall be a maximum of eighteen square feet in area on the perimeter of the project and twelve square feet in the interior. 5. Rigid Flags. Rigid flags, secured on more than one side, are prohibited. 6.. Flag Copy. Commercial or advertising flag copy is prohibited. 7. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited. 8. Time Periods. Flags shall be approved by the director for an initial six-month period. The director shall review the installed flags prior to the end of that period. If the director determines that all standards and conditions have been met and that all flags have been properly maintained, the director may grant a time extension for an additional six months. If no such extension is approved, all flags must be removed upon expiration of the initial six months. D. Prohibited Advertising Devices. The'following advertising devices or activities are expressly prohibited within or outside the project: banners, balloons, portable trailer signs, or human indicators. E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision-making authority to be necessary or advisable to protect the public safety and the general welfare, together with a one thousand dollars cash deposit that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety days after the expiration of the permit or discontinuation of the use the permit is approved for. F. Time Limitations. A minor use permit for a real estate office may be approved for a maximum time period of one year from the date of approval. A time extension of up to one year may be approved by the community development director if the director finds that all requirements of this section and all other city requirements and conditions have been met. (Ord. 361 § 1 (Exh: A) (part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 2 oft 4/4/2008 11:06 AM G E 5 1 G N G R G U v w w U) z O (n Q AVENUE 60 WATEiz FEATURES MALAGA ESTATES La Quinta, CA 0' 30 60 120 GRAPHIC SCALE 1' • 30' EXTERIOR OPEN SPACE o eai aM o�uv _S NOS:CIC.J ti •> t \ cs• o c : a DECORATIVE ,,PAVED SEA.. ,. o 6' HIGH SMOOTH COAT STUCCO WALLS. MAIL n$ STRUCTURE' ENTRY 6`HI H COAT TYf W / OPEN SPACE 1111111111117- R t1a1. �LA4GH42elr�- °-� AMMOV-- OPEN SPACE -idr PLANT MATERIAL LEGEND "Irrigation is to be automated, =,� W • ^�� utilizing drip irrigation for trees, shrubs and accents, bubblers valved separately palms, for and spray / rotors for turf areas." ro ZE, " �"�.. Lam`-•�'• ^ �v a. mw..�cm e. vwr.,e w..�a. p ! 0' 60 li0 2-0 A GRFl41C SCALE I• . 60. MALA GA ESTI TES La Quinta, CA OVERALL SITE fPALI"IS DECORAtIVE PAVING RK I NCS 9, �� , � ", %��J, � O / Tm 'o O �O x � a x a a a m im am 40 rzRAF41G SGALE r=im, 34' WIDE STREET SECTION oeaIax o 7.4.1. MALAGA ESTATES La Quinta, CA 2ro' WIDE STREET SECTION AT DECORATIVE PAVING INTERIOR STREETSCAPE AND MAIL CENTER (�6 D ES I G N G O D P APRIL 3, 2008 SCALE: N.T.S.