HomeMy WebLinkAboutD-2015-M Non Conversion Agreement-Structure in Flood Hazard Area APN 052-023-004Recording Requested by:
Rick Gambril
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
C: 201505I329
ASK
11/06/2015
3:13 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)
This agreement is made and entered into this I*Z Y" day of an V 3� l by
and between +?Qc. , G,..rnb r,' [ c..,Not lei ; K ,, b , ` 1 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 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.
Z®VS;--M
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 �2�"` day of ,
Rick Gambril
State of California }
County of ; ff }
rE5 h
&RA
Teri K Gambril
On N),2-YY ]2, . ZO I i , 2010, before me, PAeL r H L - IPa U "e— , Notary Public,
personally appeared Rick Gambril and Teri K Gambril who proven 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 official seal.
. No ry Public
Capacijy claimed by si er s :
MARY L. PAYNE
Commission 4t1729796
z Notary Public - California
Fresno County
Comm. Ex rvs 6. 2011
( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
, Public Works Director
xis Obispo
i - City of San Luis Obispo Municipal Code Section 12.16.050)
State of California }
County f San Luis Obispo } -
O 2010, before me, i Notary Public,
personally 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.
W TNES5 my hand and official seal. TAMILLA J. HANSON
G;rk7ormnlalon 0 1791178
Notay Arbllo - Callt ""
C
Notary Public kin Luis �� ountyy
1 �12
Capacity claimed by signer: ( X ) political agency State of California
G:\\Permits\StreetAddresses\CUESTA\122\flood\Non-Conversion Agreement.doc
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