HomeMy WebLinkAboutD-2011-A Non-Conversion Agreement, Structure in Flood Area APN 001-184-011Recording Requested by:
Michael D. and Theresa R. Mulvihill
375 Chorro Street
San Luis Obispo, CA 93405
When recorded return to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
cc
D00: 2011 DD0417 1
an
1/04/2011 12:12 PM
Hai oo, 6,en c.:%L,i.prar(yJ with ofigirtdl.
Jl i.lE L ;QRBER
- 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) r
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This agreement is made and entered into this Co day of �jul , Zj, by
and between i C 1_ V. A '- . MU L\J1�I lct_ (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
# 2.,4D el within the City of San Luis Obispo for property located at
San Luis Obispo, California and
WHEREAS, app=-nc-*J
l of said permit by City entitles Owner to modify or construct a
l -ML L AW Itu? 'PeV�*P C� _ which does not
conform to the elevatiofi 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 they 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.
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
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- 2-oLA — A
without first bt—iming 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. Parcel1:
That portion of Lot 3 in Block 7 of the Anholm Addition to the City of San Luis
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded May 13, 1927 in Book 3 at Page 91 of
Maps, in the Office of the County Recorder of said County.
Parcel 2:
That portion of Lot 3 in Block 7 of the Anholm Addition to the City of San Luis
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded May 13, 1927 in Book 3 at Page 91 of
Maps, in the Office of the County Recorder of said County.
2. Assessors Parcel Number: 001-184-011
3. Commonly known as: 375 Chorro Street
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this G day of 1�1Q—Gf5lA5CZ .2010
wner( ):
Micl el D vilril h resa R. Mulvihill
State of California }
County of San Luis Obispo }
On 2010, before me, H161 )2ts. b. 0J } h P(e.� � r� � l�li rjlklry Public,
personally appeared (insert name or names) who proved to me on the basis of satisfactory evidence to be the person�O
whose name(s) mare subscribed to, the within instrument and acknowledged to me that he/she/they executed the same in
�isltt�rltheir authorized capaci ies), d that by h�slhVltheir signatur( Ls) yn the instrument the pers (§);tor the entity
upon behalf ofwhich 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.
Wl" SS my hand and official seal.
Notary Public
CW—RC-11ty claimed by si ner s :
Oka HOW
ConsM sl" 11Kf7
Nohrr PW t: - CoNferata
Son Luis t]ltspv Cowtry
MY
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( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
er, Public Works Director
Luis Obispo
on — City of San Luis Obispo Municipal Code Section 12.16.050)
State of California }
Cou f San Luis Obispo }
On V 2010, before me, otary 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.
WI SS my and and offi ial seal. TAINILLA J. 11ANtCN1
• CommlMbn • 17911 T3
Notary Pubuc - Caworrtia
Notary Public km Luis 01b h Cotimty
Capacity claimed b si er. ( X ) political agency State of California }
g:\permits\streets\......\flood\non-conversion agreement......