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SBA 1990-028CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT APPLICATION FOR SETBACK ADJUSTMENT SECTION 9.188, L.Q.M.C. , APPLICANT: Submit this form with three copies of a scaled site plan; draw uately depict the nature of the request. A nonrefundable f of $100 is required when the Application is submitted. Check must be ma a paya e to the "City of La Quinta". 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 Applicant's Name J. M. PETERS COMPANY, INC. Date Mailing Address 51-895 JEFFERSON STREET 6/15/90 Phone ( 619 ) 564-2719 City _ LA QUINTA State CA Zip Owner's Name J . M . PETERS COMPANY, INC. Mailing Address 51-895 JEFFERSON STREET City LA QUINTA Street Address of Property 92253 F State CA Zip 92253 JEFFERSON AND AVENUE 52 Legal Description of Property (.may be attached):., Tract 24890, =1 THRU'-10 Lot # INCLUSIVE Tract Name Assessor's Parcel Kumber THE CITRUS COURSE Adjustment requested REDUCE REAR AND SIDEYARD SETBACKS TO FACILITATE THE CONSTRUCTION OF POOLS, SPAS, AND RELATED EQUIPMENT. Reason for request POOL LOCATIONS ARE ADJACENT TO GOLF COURSE AND CITRUS GROVES ONLY AND WILL NOT BE DETRIMENTAL TO GOLF PLAY OR CITRUS GROVES. PLEASE SEE ATTACHED LETTER FROM LANDMARK LAND COMPANY. ----------------------=------------------------------------------------ JUSTIFICATION: No request for a Setback Adjustment shall be granted unless it is determined that the adjustment is consistent with the intent and purpose of this Ordinance; that there are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify the approval of the adjustment of the setback requirement, and that the adjustment will be not detrimental to the health, safety, and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment'is requested. ------------------------------------------------------------------------ STAFF USE OriLY' 005i8 i 7007 09- 2-90 14 Case No.: S&A 90-0Z Existing Zoning: i0 C AS i TOTAL i 100.00 Related Case(s) 1-7-04189C7 Assigned to: BJ/FORM.122 Date of Decision: File Closed: a� Q. FILE COPY FT}��'�, 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 September 26, 1990 JM Peters 51-895 Jefferson St. La Quinta, CA 92253 Dear Sir: Setback Adjustment #,9_0-0,28� Location: Citrus Course Legal: Tract 24890-1 thru -i0 inclusive. (All residential lots) This letter is to report approval of your recent application for a setback adjustment, pursuant to Chapter 9.188 of the City of La Quinta Planning & Zoning Regulations. The following setback adjustments have been approved subject to conditions for all lots in Tentative Tract 24890 that abut the golf course or any common area to the rear of the property. A SETBACK ADJUSTMENT APPROVED: 0 feet from rear property boundary, 0 feet from side property boundary. FOR: Swimming pools and spas. CONDITIONS: 1. Comply with Municipal Code Fencing requirements for pools. 2. Insure pool is reinforced to building code requirements. 3. Provide a letter from the owners of the adjacent golf course (Landmark Land Company) allowing the placement of the pool & spa on the rear property boundary. .(Has been provided by Applicant). 4. Obtain architectural approval from Landmark Land Company as they have requested. After review and the attachment of conditions it was determined that: 1. This adjustment is consistent with the intent and purpose of the zoning ordinance. FORMGL. K09L/CS ADDRESS - P.O. BOX 1504 - LA-4UINTA, CALIFORNIA 92253 2. There are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify approval of the adjustment. These special circumstances are: these lots all either back up to - a golf course or common.area. 3. This adjustment will not be detrimental to the health, safety, and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested. B SETBACK ADJUSTMENT APPROVED: 0 feet from side property boundary only within the area that is 0-10 feet away from the rear property boundary. 0 feet from rear property boundary. FOR: Swimming pool equipment. CONDITIONS: 1. Provide a letter from the owners of the adjacent golf course (Landmark Land Company) allowing the placement of the pool & spa on - the rear property boundary. (Has been provided by Applicant). 2. Obtain architectural approval from Landmark. Land Company as they have requested. 3. The pool equipment shall be enclosed in a masonry block noise -attenuating enclosure. After review and the attachment of conditions it was determined that: 1. This adjustment is consistent with the intent and purpose of the zoning ordinance. 2. There are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify approval of the adjustment. These special circumstances are: these lots all either back up to a golf course or common area. FORMGL.009/CS -2- 0 Should you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR G N�t.�ci�i s Glenda M. Lainis Assistant Planner GML:ccs cc: Building & Safety Department FORMGL.009/CS -3- "September 10, 1990 Mr. J. Michael Martin = Project Manager - JM Peters Company �..- 51-89c Jeffers Street _ La Quinta, CA~92253 Dear Mike: _ I am writing in response to your letter of August 28, 1990, attached hereto, in which you have requested a letter from Landmark stating that Landmark has no objections to the construction of pools on rear yard property lines of those homes adjacent to the Citrus Golf Course located in the City of La Quinta, County of Riverside. Landmark does not object to JM Peters making an application to the City of La Quinta for rear yard property line setback adjustments for those homes adjacent to the Citrus Golf Course to accommodate the construction of, pools; however, Landmark expressly. retains all rights of architectural approval of said improvements. Furthermore, Landmark expressly prohibits any encroachment whatsoever in, on, or across any real property vested -in Landmark Land Company of California, Inc. located at the Citrus Golf Course ("Landmark Property'). In the event JM Peters desires to purchase additional Landmark Property, please contact Ernie Vossler or me at your earliest convenience. If you have any questions concerning this matter, please do not hesitate to contact me. Sincerely, GREG ABADIE Project Director _ La Quinta Hotel Goif dc`Teuiiir, Resurit GA/sb Attachment cc: Ernest O. Vossler + LANDMARK LAND COMPANY, INC., P.O. Box 1000,La Quinta,-California 92253 -(619) 345-5665 P.O. Box 1504 78-105 Calle Estado La Quinta, CA 92253 619-564-2246 619-564-5617 (FAX) Date: TO:M�- 5I -� 5 U ATTENTION: PROJECT: n A For your information and records. Copies as requested. / Receipt . �1 Other If you have any questions on the above please contact the undersigned. 4 h BJ/FORM.014 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: J.M. PETERS COMPANYr INC. 12526 High Bluff Drive, Suite 280 San Diego, CA 92130 Attention: Mr. Marquis Cummings 'COPY of Dbcument Recorded on NOV 2� as No. I not been compared with original. WILLIAM E. CONERLY County Recorder RIVERSIDE COUNTY, CALIFORNIA (Space Above for Recorder's Use Only) SECOND SUPPLEMENTARY DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS, RESERVATION OF EASEMENTS AND NOTICE OF ANNEXATION FOR "a THE CITRUS COURSE HOMEOWNERS ASSOCIATION T. t DELEGATE DISTRICT NO. Three _ C L r y THIS SECOND SUPPLEMENTARY DECLARATION OF COVENANTS, C G €fit` CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE CITRUS COURSE HOMEOWNERS ASSOCIATION ("Second Supplementary i � = Declaration") is made this 16th day of -November-, 1990, by J.M. PETERS COMPANY, INC., a Nevada corporation, ("Declarant"). R E C I T A L S A. A Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for The Citrus Course Homeowners Association (the "Declaration") has heretofore been recorded on November 6 , 1990, as Instrument No. 90- 406990 Official Records of Riverside County, California. A First Supplementary Declaration of Covenants, Conditions, Restrictions, Reservation of Easements and Notice of Annexation for The Citrus Course Homeowners Association has heretofore been recorded. 2WSUPCC/LG1/GNL/AU9ust 9, 1990 0 B. The Declaration has not been otherwise previously amended or supplemented. C. Declarant now wishes to add additional property to said Development and thereby extend the size of the Association. NOW, THEREFORE, IT IS DECLARED AS FOLLOWS: 1. Declarant is the owner of the real property des- cribed in Exhibit "A" attached hereto. 2. Declarant hereby annexes the real property described in Exhibit "A" attached hereto, and makes it a part of the Development established in the Declaration and by virtue hereof said annexed property shall be subject to all of the terms and provisions of said Declaration which, by ,this reference, is incorporated herein and made a part hereof. This annexation is being effected pursuant to Section 14.2 of ARTICLE XIV "Annexations" of the Declaration and.in conformance with a detailed plan of phased development as submitted to the California Department of Real Estate. 3. The recordation of this Second Supplementary Declaration shall constitute and effectuate the annexation of the annexed property, described on Exhibit "A," making said property subject to the Declaration and subject to the functions, powers and jurisdiction of The Citrus Course Homeowners Association, a California corporation, (the "Association"), as provided in the Declaration, and thereafter said real property shall be part of the Covered Property as that term is defined in the Declaration. All 2HDSUPCC/LG1/GML/0ctober 9, 1990 2 No of the owners of Residences in the annexed property shall automatically be Members of the Association and owners under the Declaration and be entitled to voting rights as provided in the Declaration. 4. All easements reserved by Declarant in the Declara- tion are hereby reserved over the annexed property, together with the right to grant and transfer the same as provided in the Declaration. 5. Common Maintenance Areas are hereby created by this Second Supplementary Declaration. The term "Common Maintenance Areas", as defined in Section 1.12 and referenced in Section 13.11 of the Declaration, shall include the Common Maintenance Areas depicted on Exhibit "B" attached hereto. Said Lots identified on Exhibit "B" with a Common Maintenance Area on them are subject to a "Special Benefits Assessment," as defined in Section 1.5 of the Declaration. The Association is hereby granted a non-exclusive easement over the Common Maintenance Areas depicted on Exhibit "B" for the purposes set forth in Section 13.11 of the Declaration. 7. There is hereby created by the Declarant and its successors and assigns, together with the right to grant and transfer the same, certain Sideyard Easements over the Lots described on Exhibit "A", as the same are defined in Section 13.12 of the Declaration and incorporated herein by this reference. Said Sideyard Easements are depicted on Exhibit "C" attached hereto. S. The Association shall have the duty, as set forth in Section 7.1 of the Declaration, to maintain, repair_, replace, and make necessary improvements to the Common Area Lots annexed 2NDSUPctAWGIC/August 9, 1990 3 hereby, identified, and more .fully described on Exhibit "D," attached hereto. ' 9. Except as provided herein to the contrary, the _= phrases used in this Second Supplementary capitalized words and Declaration shall -have the meanings given such words and phrases in the Declaration. IN WITNESS WHEREOF,- the Declarant has executed this Second Supplementary Declaration of Covenants, Conditions, Restrictions, Reservation of Easements And Notice of Annexation to The Citrus Course Homeowners Association on the date first above written. "DECLARANT" J.M. PETERS COMPANY, INC. A Nevada Corporation By: tsil�li 21m SUPcc/Lot/GMT/August 9. 1990 . 4 STATE OF CALIFORNIA ) ss. COUNTY OF SAN - D I EGO ) ' November 16 , 1990 , before me, the Onaid personally undersigned, a Notary Public NGS in and ersonall for sknowr► to me or prove appeared MARQUIS L. CUM to me on the basis of satisfactopersonally y evidence) E be the person who executed the within instrument as VICE PRESIDENT , on the corporation behalf of J.M. PETERS COMPANY, INC., therein named, and acknowledged to ma by-uch laws o crpa resolution of its board of instrument pursuant to its directors. WITNESS my hand and official seal. OFFICIALA' C SEAL DEBORAH LWEAVER SMMEcCAO OM ocoum public in and for said State m uy0n.ExpL A�.25.1 2 Notary EXHIBIT "A" THE PROPERTY Residential Lots Common Area (including Cost Center) - Lots 1 through 19, inclusive, and Lots 25 through 36, inclusive, and Letter Lot B of Tract No. 24890-3, as shown by the Map on file in Book 217, Pages 99 through 103 of Maps, thereof, Records of Riverside County, California - Lettered Lots AC, AE and AJ of Tract No. 24889, as shown by the Map on file in Book 210, Pages 38 through 52 of Maps, thereof, Records of Riverside County, California f . i 1 1 h 1. I '1 COMMON MAINTENANCE AREA • LANDSCAPING TO SE MAINTAINED BY ASSOCIATION ON OWNERS LOT I II EXHIBIT B COMMON MAINTENANCE AREAa 1WEETEPSM0fO,ECONSULTICONSULTING TRACT 24890-3 al ura�aaa to ws �w .ro�tuew �sa t EXHIBIT- B -CO MMON MAINTENANCE .AREA r TRACT 24890-3 r _ TANGELO COMMON MAINTENANCE AREA - LANDSCAPING TO BE MAINTAINED BY ASSOCIATION ON OWNERS LOT o IETE.PSCOO �M0�E CorisuL� CROP 1//1 •/Moot! No MITI/ aM ""P"f olwcK CA N.// wsww r.w.s� EXHIBIT B COMMON MAINTENANCE AREA. TRACT 24894-3 " COMMON MAINTENANCE AREA - LANDSCAPING. TO BE MAINTAINED BY ASSOCIATION ON OWNERS LOT ,-.,.,jMTEEASa DO sees IAws"al 00 NMI/ fN wwpom stAcK CA 63660 MMORSE CONSUL7INC CROUP IIti MI �� i Hlv. V • �y pp bS=fj • t t {% •" "Y 4 n 31, 3 y, - ul.� < st s (pia tyF ' �vd�n8 �y > l r - ;zir'i v t .i`�.. tl�F<::,� •`����, , -� .EXHIBIT B COMMON MAINTENANCE AREA TRACT 24890-3 ' COMMON MAINTENANCE AREA • LANDSCAPING TO BE 1 MAINTAINED BY ASSOCIATION ON OWNERS LOT 754n • Q , a o M%MORSE CONSUL77NG GROUP fees jAmm"aa w WAIS see POWPO 1T S4C11, CA 93606 EXHIBIT B COMMON MAINTENANCE AREA .TRACT 24890=3 COMMON MAQYTENANCE AREA • LANDSCAPING TO BE MAINTAINED BY ASSOCIATION ON OWNERS LOT CROUP PS COIVSUL77M ---�-�- 1"=30' EXHIBIT B COMMON MAINTENANCE AREA TRACT 24890=3 r COMMON MAINTENANCE AREA - LANDSCAPING TO BE MAINTAINED BY ASSOCIATION ON OWNERS LOT Z,ITETEPSa DO soft alsuoo a AD puta sN wwpml OA 936N M•MORSE CONSULTING CROUP f �N=3e' M wY� M7 EXHIBIT B COMMON MAINTENANCE AREA TRACT 24890=3 I t t Q z_ � t Q 0 z Q t t t TANGELO t 'COMMON MAINTENANCE AREA • LANDSCAPING TO BE t� ,MAINTAINED BY ASSOCIATION ON OWNERS LOT Z,9MTEP3 Do M�MORSE CONSULTWMG CROUP 2661 44swooss so sale ass wwroet oswcK eu qU4 ��1°�" EXHIBIT B COMMON MAINTENANCE AREA TRACT 24890-3 TANGELO -9 COMMON MAINTENANCE AREA • LANDSCAPING TO 6E MAINTAINED BY ASSOCIATION ON OWNERS LOT r�.TE aDO teal JAa1a011aa no sulfa sea Mawm at aaQcK CA 03004 .,,,ft ORSE CONsuLTTNC CROUP ,a...� • acammwa . Amww m L� 1 "=30" EXHIBIT B COMMON MAINTENANCE AREA TRACT 24890-3 . .............. TANGELO COMMON MAINTENANCE AREA • LANDSCAPING TO BE MAINTAINED BY ASSOCIATION ON OWNERS LOT �E a 0 ft o� CONsuLMG GROUP Msu a �o wMt� tN wwMOT •ucK Ow q6N ~ 'r / - 7 .y, y.,....�,yw . ^`a . � - a ? ;ram-... • rO µ w i �x.m.»vn lcJCJ �r3 �vPK_J xlGt'�v'h'�i`^A,tF hl� y,r •xy Fre+• rw s � .i c, o�ot tj.» ..,y'i'as' sa `>, • � wg+r fi : `�^ .,�.. �Lr�. ,ss�> '�v�%XSi°s4�i7.3',3 y.!✓»» � Y t ,AA;. yr runr n^ L n r.ny'tlm rtnlr -.r i r , re n h y��;; M. ha+` 4h1R1 t WK. EXHIBIT B COMMON MAINTENANCE AREA COMMON MAINTENANCE AREA • LANDSCAPING TO BE MAINTAINED BY ASSOCIATION ON OWNERS LOT TRACT 24890-3 IIo$ JAB!! " WIIt IN lowv 11I H'acK Co. loss$ x EXHIBIT B COMMON MAINTENANCE AREA TRACT 24890=3 1° i. TANGELO COMMON MAINTENANCE AREA - LANDSCAP94G TO BE 4 MAINTAINED BY ASSOCIATION ON OWNERS LOT C—djuuips(7)Do 9009 JANN00!! 40 VAIG tN mwpmf as=% CA UO" KMORSE CONSUL77NC CROUP I1ti.,,,.m . �� - styvm 1"=30" �wAr+ M 7 i i EASE *- - NO SIDE YARD EASEMENT EXHIBIT C SIDE YARD EASE TRACT 2485u-s 3601 /ANDWRI AD VAIG so@ IIDWNMT DDAGR c �a��. r EASEMENT FOR THE BENEFIT OF TANGELO EXHIBIT C SIDE YARD EASEMENTS M•Mom CONSULTING GRouPT�PG�00�.owvoctmIm ., TRACT 24890-3 aut uwaoau eo`wm laa Mlw.oat •uut ca 92666 EASEMENT FOR THE 13ENEFIT OF LOT 7 tAbr-mtN 1 rVr7 1 n� vu�«� •+• — EXHIBIT C SIDE YARD EASEMENTS TRACT 24890=3 MMTEPS:B0 ftMO.RE CONSUL7INC CROUP . OMI91RM . M$ IAY000l\ no WAIG me* MAwr"T OGACK CA Osseo !"�•'+ p :� 1� 1"=30' .EASEMENT FO EXHIBIT C SIDE, YARD . EASEMENTS TRACT 24890-3 TEPSD� DO 3111111 IAU"Ala no sulfa taa noW"Ot //ACK CA 03660 t: r� r� �i ' t . i� V KMORSE CONSUL7ING,CROUP' _�......_.�� 1 =30 • EASEMENT FOR Tf EXHIBIT C SIDE YARD EA% TRACT 1uO Iawoa11 ao SUITS see aaw►Oat GlACI% CA mse EASEMENT FOR THE BENEFIT OF LOT 15 EASEMENT FOR THE BENEFIT OF LOT 14 ' . tizt;•.:::14 :::: ::.. Nxg- WN EXHIBIT C t. SIDE YARD EASEMENTS TRACT 2489011113 EASEMENT FOR THE BENEFIT OF LOT 18 1 15 Y k ii. I i i i l.• ,:_J��� r GEL • ' ZUMEPS�c.iDo /Aw011/5 no lung IN wt7rollt oSAeK OA HN" �MORSE CONSULT AMC CROUP r 1 "=30 WENT FOR EXHIBIT C SIDE YARD EASEMENTS TRACT 24890-3 TEPS(� O ft!ORSE CONSULTING CROUP lr' /1i�wN,�c . a cVwWam . 21141 IAMOOu no wile see OWWPMT eeACI%OA 03404 1 "=30' 1 EASEMENT FOR THE BENEFIT OF L EXHIBIT C SIDE YARD EASEMENTS TRACT 24890=3 MMTEPSa DO $Rt JAMOAtI AO "Its Nll MINPORT o/AC1% CA 03686 M ORSE CONSULIT C CROUP =30' wwl�lr rlll�_ EAS EXHIBIT C SIDE YARD EASEMENTS TRACT 24890=3 TANGELO EASEMENT FUM i nC DC1mGC11 • -- M.OPULI �� IETEPS�'ci Do 3901 /Almose AO VAN see . M1 PMI 69ACM CA 03666 * - NO SIDE YARD EASEMENT /hrMORSE CONSUL7NVG CROUP /1�N.1MM..G • C.GMZ� • s1.1srM �w•r�wn riser r. . EASEMENT FOR THE BENEFIT. OF LOT 28 I EXHIBIT C SIDE YARD EASEMENTS TRACT 24890-3 cnocmr-I'lt rvn t roc v�..r.. .. — -- - IWTETEPS�c�i Do lost Isrwoae no oowtt tN MIMM 196AeK CA 03460 ftORSE CONSULTING CROUP rH..r . VIGMER M . oQ�Ct' EMENT FOR THE BENEFIT OF LOT 31 EASEMENT FOR THE BENEFIT OF LOT 32 EASEMENT FOR THE BENEFIT OF LOT.33 L--- i 7 31 EXHIBIT C SIDE YARD EASEMENTS DoTRACT 24890-3. . •""..MMTE Nosuits24141 "Imp I.111%eK a 03666 .:tip 1 rrf.y i.' t '1 . z 066fMO�TE S CONU JW 0S 1 "=30'. EASEMENT FOR THE BENEFIT OF LOT 33 EASEMENT FOR THE BENEFIT OF LOT 35 -��-- _ . � it I • � `� . i • ` �_` � • - •� ' . . �' ry Fl 33 3 4 EASEMENT FOR THE BENEFIT OF LOT 34 EXHIBIT C. SIDE YARD EASEMENTS MMTE 0/N&MOR3ECONSULnNcCROUP �.� TRACT 24890-3 -�- '~=30 iQl I�rWll�! NO WIQ N� IM�Mri oucK a n�N �1 C .,I...". . ,. ,1 . t ., Y p EASEMENT FOR THE 9ENL... EXHIBIT C SIDE YARD EASEMENTS TRACT 24890-3 ... BETE a o �.. cvnr .. �,� •COI IAm0011l• AO "its /N IMwMIIT OlACIk 6A 611064 . ==:per. ` EXHIBIT "D" COMMON AREA LOTS All Common Area (including Cost Center) - Lettered Lot B of Tract 24890-3 as shown by the Map on file in Book 217, Pages 99 through 103 of Maps, thereof, Records of Riverside County, California - Lettered Lots AC, AE and AJ of Tract No. 24889, as shown by the Map on file in Book 210, Pages 38 through 52 of Maps, thereof, Records of Riverside County, California • ■ ■ m E 5 0 LIVING ROOM DINING ROOM l/ NOOK KITCHEN a WFT Reo r,