MA 2011-639cJ TYOF LA Q UINTA ..� � � �� L
Case No.
Fee: $200
Coznrly evelopmEt Department
APPLICATION FOR NEINOR ADJUSTMENT
APPLICANT: Submit this form with two copies of a scaled site plan, drawn to adequately depict the nature of the request.
A nonrefundable fee of $200 is required when the Application is submitted. The check must be made payable to the "City
of La Quirita". A Minor Adjustment Permit (Section 9.210.040/Zoning Ordinance)'may be approved only for deviations
of up to ten percent of a numerical development standard (for example,'a reduction of one foot from a ten -foot setback
requirement) or for deviations specifically identified in the La Quinta Zoning Ordinance. Other deviations shall require
consideration of a variance (pursuant to Section 9.210.030Nariance\Zoning Ordinance). If the Applicant is not the owner
of the property, a letter must be submitted by the owner authorizing the Applicant to execute this document in his behalf.
• PLEASE.PRINT OR TYPE (6�J 2 sV —. y d d a
APPLICANT/CONTRACTOR:_%G/7�eL DATE: ! /
CONTACT PERSON (IF DIFFERENT): PHONE:IS ea o
MAIIdNG ADDRESS:_ -74?-/ % 7 ire, ZO o A'I!G`j p /1-m5e.,
(City) (State) ' (Z072-2-.7 0
OWNER'SNAME: Ob a e.-
MAILINGADDRESS: — l s? L 4l447 L . ,
(Address) /(City) (Sta� (Zip)
STREET ADDRESS OF PROPERTY: —,0oI , n L»G1Gy L►
LEGAL DESCRIPTION OF PROPERTY: LOT # TRACT /z ,
ASSESSOR'S PARCEL NUMBER
ADJUSTMENT QUESTED: (5 O /n C 'o
REAVON FOR REQ TO .
Q
SIGNATURE OF APPLIC D / /
SIGNATURE OF OWNER ff mot the same as applicant)
PLANNER: ,
The following findings shall be made by the decision -making ,authority prior to the, approval of any. Minor Adjustment
Permit:
1. Consistency with General Plan. The project is consistent with the General Plan. ;
2... Consistency with Zoning Code. The project is consistent with the provisions of the Zoning Code. `
3. Compliance with CEQA. Processing and approval of the permit application are in compliance w_ ith'the requirements
of the California Environmental Quality Act..
4. Surrounding Uses. Approval of the application will not.create conditions materially detrimental to the public health,
safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
received
A27orm013
NOV X 8 ir1
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City of La Wnta-
Planning Dep::t rent
® THE KLNER GROUP
i
Michael Kiner
michaelQrhekinergroup.com ��
PREPARED 11/08/11, 15:02:55 PAYMENTS DUE INVOICE
CITY "OF -LA QUINTA - - - _ PROGRAM PZ821L
----------------------------- - ----------
PROJECT NUMBER: 11-00000228 MA 2011-639-MICHAEL KINER - SETBACK ADJ
FEE DESCRIPTION ^AMOUNT DUE
-- - - - ----------- -------- ---- -- -" --— --- ------ --- -- ----- -- - --- -- — --- --- - - - -
MINOR ADJUSTMENT 200.00
TOTAL DUE 200.00
Please present this invoice to the cashier with full payment.
•
u 'QME'COPY
P.O. Box '1504
LA QUINTA, CALIFORNIA 92247-1504 '
78-495 CALLE TAMPICO (760) 7.77-7000
LA QUINTA, CALIFORNIA 92253 3 FAX (760) 777-7101
December 6, 2011
Mr. Michael Kiner
The Kiner Group .
70-177 Highway 1 1 1, Suite 200' k. ,
Rancho Mirage, CA "92270 "
SUBJECT: MINOR ADJUSTMENT 2011-639
48-801 SAN LUCAS '
Dear Mr. Kiner:. ,
This letter is to report that the Planning`, Department has reviewed your Minor
Adjustment application (MA 201 1-639), pursuant to Section '9.210.040'of the City
of La Quinta .Zoning Code, for the residence at 48-801 San Lucas.
REQUEST: -
Grant up to a 10% adjustment to reduce the front yard- setback from twenty (20) .
feet to eighteen feet (18), to allow for an addition to the existing residence, as
shown on the attached plans.
CONDITIONS: ,
1. A building permit shall be obtained from the Building & Safety Department
prior to construction.
2. The proposed addition and all other construction -shall comply .with all other
development standards as required under the Labuinta Zoning Code.
3. The proposed addition and all other construction shall comply with all other
development standards as required 'under the La Quinta Zoning Code.
DECISION:
Approval is granted for the requested adjustment subject to the above listed
conditions and based on the following findings:
1. Minor. Adjustment 201 1-639 is consistent with the La Quinta General Plan,
in that the encroachment proposed does not alter the approved land use for
the property, or affect land use on surrounding similar properties.
2. Minor Adjustment 201 1-639 is. consistent with the intent of the La Quinta
Zoning Code, in that the requested adjustment will be conditioned to comply
with all other development standards as required under said Zoning .Code.
3. Processing and approval of Minor Adjustment 201 1-639 is in compliance
with the California Environmental Quality Act. The adjustment requested falls
under CEQA Guidelines Section 15305(a) as a "Minor Alterations to Land" -
Class 5 Categorical Exemption.
4. Approval of .Minor Adjustment 201 1-639 is not detrimental to the public
health, safety and general welfare, nor injurious or incompatible with other
properties and land use in the. vicinity. _The adjustment has. no impact on
health or safety issues, and will not affect physical land use characteristics
in the vicinity.
Please be advised that the City only . approves one Minor Adjustment for one
setback per lot, regardless of the percentage of the development standard adjusted.
This approval. relates only to allowance of the reduction as stated above, and. does
not imply any entitlement or approval of a building permit for any structures shown
.on the plans on file.. All other development standards 'of the La Quinta Zoning Code
are applicable and shall be adhered to in preparing plans for building plan check. .
If' you have any additional questions, please contact me at 760-777-7125,.
Associate Planner
C: Building & Safety Department
9.60.070 Swimming pools. • • Page 1 of 1
La Quinta Municipal Code
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Title 9 ZONING + .
Chapter 9.6Q SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60:070 Swimming pools. '
- A. Applicability. The provisions of this.section shall apply to any outdoor swimming pool, whirlpool, spa
(in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a
depth of eighteen inches or more at any point. For.purposes of this section, the term "pool" means all or any
of the foregoing facilities.
` B. Standards. Pools are permitted as accessory uses in residential districts subject to the following
requirements: '
r•
1. Location. Pools shall be located at least three feet (measured from water's edge) from any property
line. No adjustments to this'ininimum shall be approved, wiih the exception of private gated ,
communities where any property line is adjacent to common open area.
2. Filtering and Heating Equipment. Use of equipment shall comply with the following
requirements: .
a. Mechanical pool equipment such as a pump, filter, or heater, may be located within the front,
or rear yard areas. The equipment shall be enclosed on at least three sides, by a masonry' wall
with an open side not visible to the street.
b. ' Mechanical pool equipment may be in -an -area between the side property line and the
residence provided a five-foot side yard, clear of any permanent obstructions is maintained
between the side yard property line and any mechanical pool equipment.
c. Where there is no side property line wall, mechanical pool equipment may, be in a side yard '
of five feet or less only if a recorded easement in perpetuity exists for the subject property to use
the adjacent side yard of the abutting property for access and a minimum five feet distance
between the equipment and adjacent obstruction (i.e., building wall) is provided.
3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the city's
building code Chapter 8.06, state law and other applicable laws and ordinances.
4. Screening shall be provided as required in Section 9.60.140(B)(2). (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)
http://gcode.us/codes/laquinta/view.php?topic=9-9_60=9_60_070&frames=on 11 /29/2011
11/16/11 9.60.045 Barbeques, waterfalls, fountains, fireplaces and similar structures.
La Quinta Municipal Code • •
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Title 9 ZONING
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.045 Barbeques, waterfalls, fountains, fireplaces and similar structures.
A. Applicability. Permanently installed freestanding barbeques, waterfalls, fountains, fireplaces and similar
structures such as permanently installed tables and benches, etc., may be constructed on a residential lot
containing a primary residence.
B. Standards. Freestanding barbeques, waterfalls, fountains, fireplaces and similar structures shall comply
with the following requirements:
1. Said construction of structures, except freestanding fireplaces, are allowed within the required front,
side, or rear setbacks, including adjacent to a property line. In side yard areas, a single clear
passageway of five feet wide shall be provided.
2. Allowed construction of structures shall not be attached to property line walls or fences, and shall
meet all required distance clearances (ie., for barbeques, fireplaces).
3. Within five feet of any property line, the height of the feature or construction shall not exceed the
height of the closest wall or fence. If no wall or fence exists, the construction or feature shall not
exceed the height of the wall allowed along the property line in question.
4. Outdoor fireplaces shall not be closer than five feet from a property lime, except when adjacent to
permanent open space such as a golf course, common landscape or hardscape area, drainage channel,
etc., in which case it may be within three feet of the property line. The height of the chimney may be
up to six feet unless required to be higher to comply with building code requirements. In such cases, the
height shall not be higher than the minimum height required. (Ord. 361 § 1 (Exh. A)(part), 2001)
qcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_045&frames=off 1 /1
11/16/11 9.60.075 Ground mounted mechanical equipment.
.La Quinta Municipal Code . • •
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Title 9 ZONING
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.075 Ground mounted mechanical equipment.
Use of equipment shall comply with the following requirements:
A. Ground mounted mechanical equipment such as air conditioner condensing units, water softeners, etc.
may be located within the rear yard areas. For lots of five thousand square feet or less, said equipment can
be in the front yard if there is a wall around the yard, or it is screened by a masonry wall.
B. Where there is no side yard property line wall, mechanical equipment may be in an area between the
side property line and the residence provided a five-foot side yard, clear of any permanent obstructions is
maintained between the side yard property line and any mechanical equipment.
C. Mechanical equipment maybe in aside yard of five feet or less, only if a recorded easement in
perpetuity exists for the subject property to use the adjacent side yard of the abutting property for access and
a. minimum five feet distance between the equipment and adjacent obstruction (ie. building wall) is provided.
(Ord. 361 § 1 (Exh. A) (part), 2001)
q code. us/codes/laq ui nta/view. php?topic=9-9_60-9_60_075&fra mes=off
1/1
9.50.060 Architectural projects. Page 1 of 1
La Quinta Municipal Code
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Title 9 ZONING
Chapter 9.50 RESIDENTIAL DEVELOPMENT STANDARDS
9.50.060 Architectural projections.
A. Roof Projections. Notwithstanding Figure 9-5, chimneys, roof vents, finials, spires, and similar
architectural features not containing usable space are permitted to extend up to three feet above the maximum:
structure height set forth in Table 9-2 preceding.
B. Projections. The following architectural projections are permitted to encroach into the required setbacks
specified in Table 9-2 preceding:
1. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any
required setback provided such projections are no closer than three and one-half feet from any property line.
2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the floor and do
not increase a building's usable floor area, may encroach a maximum of two feet into any required setback
provided such projections are no closer than three and one-half feet from any property line.
3." Balconies, exterior stairways, and elevated uncovered decks may encroach a maximum of four feet into
required front and rear setbacks provided such projections are no closer`than three and one-half feet from any
property line. Such projections shall not encroach into required side setbacks nor increase a building's usable
floor space. (Ord. 325. § 1 (Exh. A) (part), 1998: Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
http://gcode.us/codes/laquinta/view.php?topic=9-9_50-9_50_060&frames=off 11 /29/2011
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