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Home My WebLink AboutD-2010-A Non-Conversion Agreement APN 052-023-004, 122 CuestaRecording Requested by: Rick Gambril P.O. Box 481 Oakhurst, CA 93644 When recorded return to: City of San Luis Obispo Public Works Departmen Development Review Division 919 Palm Street San Luis Obispo, CA 93401 JULIE RODEWALD San Luis Obispo County—Clerk/Recorder Recorded at the request of Public ooCa: 2010015634 hl I�IIIIIVb�RIIaIIAlgld!N� IF 4/02/2010 1:22 PM Titles: 1 Pages: 3 Fees 20.00 Taxes 0.00 Others 0.00 PAID $20.00 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) Ibis agreement is made and entered into this Its day of Mak-c-2010, by and between f�ic-kt C7a m b,%} (hereinafter called "Owner") and the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter called "City"). WITNESSETH WHEREAS, Owner has applied for a Construction Permit/Permit Application # 100072 within the City of San Luis Obispo for property located at 122 Cuesta, San Luis Obispo, California and WHEREAS, approval of said permit by City entitles Owner to construct a _Attached residential garage___, which does not conform to the elevation requirements of the City of San Luis Obispo's Floodplam 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. 2a 1 O -A 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: Parcel 1 of Parcel Map No. SLO 05-0421 as recorded in Book 72 of Parcel Maps at Page 88-89 in the City of San Luis Obispo, County of San Luis Obispo. 2. Assessors Parcel Number: 052-023-004 3. Commonly known as 122 Cuesta, San Luis Obispo, CA This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this l 0 day of M ca f-L 4 � . 2010 Cmncr(s)- Rick Gambril State of California } County of Q � On — Q ` , 2010, before me, n)cn- �4 L. QG� �=-tC , Notary Public, personally appeared Rick Gambril who proved to me on the basis of satisfactory evidence to be the persons(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. WITNESS my hand and otfi i eal. r Not Public Capacity claimed by sig en r(s): _ MARY L. PAYNE ti Commission # 1729796 z Notary Public - California I Z Fresno County Comm. 6, 2011 O individual(s) O corporation O partnership O attorney -in -fact O political agency i V Jay P. lkher, Public Works Director Ci4f Luis Obispo �A thorixation — City of San Luis Obispo Municipal Code Section 12.16.050) State of California } County of San Luis Obispo } r] Gn 2010, before me, ! ' , atar3: Public, pers Ay appeared Jay D. Walter, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person 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. r'"WI SS my hand and 13icial eaL Notary Public Capacity claimed by signer: ( X ) political agency State of California G:\\Permits\StreetAddresses\CUESTA\122\flood\Non-Conversion Agreement.doc TAMILLA J. liANiON Comn*sloo # 1791176 Nold11 PubNc - C09kKllfo :on Luis Obispo County Dorn. 1 END OF DOCUMENT