HomeMy WebLinkAboutD-2015-AA Non Conversion Agreement, Structure in Flood Area APN 001-105-005 Block 14, Lot 19Recording Requested by:
Mr..Rrett .blabar and Mrs. Melissa Habar
When recorded return to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
TOMMY GONG
San Luis Obispo County—Clerk/Recorder
Recorded at the request of
Public
AG
11/16/2015
9:46 AM
D O C#: 2015058318 Titles: 1 Pages: 4
Fees 23.00
Taxes 0.00
Others 0.00
PAID $23.00
NON -CONVERSION AGREEMENT
FOR STRUCTURES WITHIN SPECIAL FLOOD HAZARD AREAS
(Attached & Detached Garages or Sheds; Accessory Structures Under 150 Square Feet and $1500
in value; and/or Enclosed Areas Greater Than 5 Feet in Height)
This agreement is made and entered into this A a day of 77i U k 4 , 2015, by
and between Mr. Brett Habar and Mrs. Melissa Habar (hereinafter called "Owner") and the CITY
OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter called "City").
WITNESSETH
WHEREAS, Owner has applied for a Construction Pen -nit #27906 within the City of San
Luis Obispo for property located at 847 Mission, San Luis Obispo, California and
WHEREAS, approval of said permit by City entitles Owner to modify or construct a
Garage, which does not conform to the elevation requirements of the City of San Luis Obispo's
Floodplain Management Regulations in Section 17.84 of the Municipal Code ("Code"); and
WHEREAS, Section 17.84.040.B.10 of the Code provides for the use of Non -Conversion
Agreements to ensure that areas below one foot above the Base Flood Elevation (`BFE") shall be
used solely for parking vehicles, limited storage, or access to the building and not be finished for use
as human habitation without first becoming fully compliant with the Floodplain Management
Regulations in effect at the time of conversion; and
WHEREAS, the Director of Public Works is the designated Flood Plain Administrator for
the City per Section 17.84.040.A of said Code, and is authorized to approve Non -Conversion
Agreements per Section 17.84.040.B.10.
zov,�--AA-
NOW, THEREFORE, in consideration for the granting of a construction permit for the
above structure which does not conform to the requirements of the Floodplain Management
Regulations of Section 17.84, Owner agrees to the following:
1. That the enclosed area, if permitted, shall be used solely for parking of vehicles, limited
storage, or access to the building and will never be used for human habitation without first
becoming fully compliant with the City's Floodplain Management Regulations in effect at the
time of conversion.
2. That all interior walls, ceilings, and floors below one foot above the BFE shall be unfinished
or constructed of flood -resistant materials.
3. That mechanical, electrical, or plumbing devices shall not be installed below one foot above
the BFE unless otherwise approved for inundation by floodwaters.
4. That the walls of the enclosed areas below one foot above the BFE shall be equipped with at
least two vents which permit the automatic entry and exit of flood water with total openings of
at least one square inch for every square foot of enclosed area below flood level. The vents
shall be on at least two different walls, and the bottoms of the vents shall be no more than one
foot above grade. Said walls and foundations shall otherwise be designed to resist any
applicable hydrostatic and hydrodynamic loading.
5. That the requested structure may increase the risk to life and property, and may be subject to
increased premium rates for flood insurance from the National Flood Insurance Program.
6. That any variation in construction beyond what is permitted shall constitute a violation and be
abatable as such.
7.. That the City, upon prior notice of at least 72 hours, may inspect the premises for compliance
with this agreement.
8. That this agreement shall be binding upon and shall inure to the benefit of, the heirs, assigns,
and all other successors in interest of the parties hereto.
Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of
California, and is described as follows:
1. Legal: Block 14, Lot 19 of San Luis Obispo's Anholm Addition
2. Assessor's Parcel Number: 001-105-005
3. Commonly known as 847 Mission Street, San Luis Obispo, CA 93405
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs,
executors, administrators, and assigns.
Dated this �1�� day of 01� 1 2015.
ALL SIGNATURES MUST BE NOTARIZED
f �r`
r. Brett Habar
APPROVED:
Mrs. Melissa Habar
�" 1 A A,
Daryl Gri y, Publi Wo s Director
City of San Luis Obispo
(Authorization - City of San Luis Obispo Municipal Code Section 17.84.040.A)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Luis Obispo
On_ 70' 1 'ZZ^ 1 S , before me, M%i-fZ1 0 tq lOPC;�
Date Name and Tit to ofIlie 0fticer
personally appeared, M e-f 1S5 0- Ke N t of�� B,�--�� G0Lb f j� L j I�rt
No Inc a I' S igner(s)
who proved to me on the basis of satisfactory evidence to be the persons whose name(s) isliZ)
subscribed o the within instrument and acknowledged to me that he/sloe/&- executed the same in
hislhetltwauthorized capacity(ies), and that by hisllier,40 signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
�.�
`. • �k MARiO A. LOPEZ
Commksslon # 2119026
WITNESS my hand and official seal. ,' < < Sanc is �spo C�
#� Mr COMM. F OMS July 11, 201�
Signature `
t{mutnre a ary Pu Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
Onbefore me,
Dal
personally appeared, _1
Name and Ti3p or the Ofri r
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
PHYLLIS ANTHONY SIMPSON t
Commission N 2069198
Notary Public - California v
San Luis Obispo County
Comm. Exp Ires Ma 23. 2018
Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Luis Obispo
On , before me,
Date Name and Title of the Officer
personally appeared,
Name oiSigr,er(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
NO OF DOCUMENr