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07-0927_FRIAS, DAVID & ANA MARIA_Floodplain Variance Agr• RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Document 1� electronically recorded by Cert Mail D Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder NO FEE 2007000596321 10:49am 10/03/07 212 67 Al2 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space for Recorder's Use Only Title of Document: City of San Juan Capistrano Floodplain Variance Agreement June 28, 2007 Property Address: 31412 La Calera Property Owner: David and Ana Maria Frias Property Assessor Parcel Number: 124-211-30 Lot size: 0.136 acre Flood Zone Designation: AE FIRM Map 06059CO443H The City of San Juan Capistrano has reviewed the above described property for the construction of a single family home in the AE flood zone. Staff have considered the guidelines for the issuance of a floodplain variance, and determined that the granting of a variance is consistent with the Municipal Code requirements as set forth under Section 8-11.119. The property is under half an acre and is contiguous to and surrounded by lots with existing single family homes and accessory structures constructed below the area base flood elevation. The surrounding homes and accessory structures were built prior to the City of San Juan Capistrano's participating in the National Flood Insurance Program. The base flood elevation on the subject property is approximately 5 feet higher than the existing grade. If the property was developed under this requirement, the home would be constructed with a pad that would be approximately 6 feet higher than surrounding homes, and therefore creating an unnecessary hardship on the property owner. The granting of this floodplain variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. Based on the above information, the City of San Juan Capistrano hereby agrees to grant a floodplain variance to the subject property, and the structure will be allowed to be constructed with the lowest floor elevation below the regulatory flood elevation. It should be understood that the cost of flood insurance will be commensurate with the increase risk resulting from The reduced lowest floor elevation. This condition will be tied to the title of the affected parce Df �`�—� zip f a 7 3 OO iz Steven Apple Date Planning Director, Floodplain Administrator Nasser Abbaszadeh Date Building and Engineering Director, Floodplain Administrator PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On September 27, 2007 before me, Margaret R. Monahan, City Clerk, personally appeared Nasser Abbaszadeh and Steven A. Apple, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Capacity Claimed by Signers Director of Engineering and Building/City Engineer & Planning Director Title Signers are Representing City of San Juan Capistrano City Clerk Description of Attached Document City of San Juan Capistrano Floodplain Variance Agreement — 31412 La Calera June 28, 2007 Date of Document 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org October 1, 2007 Clerk -Recorders Office County of Orange P.O. Box 238 Santa Ana, California 92701 Jwa1a � (r/✓IA[DAIAAAI[D MI, FSSIIIISMfD 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Re: City of San Juan Capistrano Floodplain Variance Agreement — 31412 La Calera SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. Sincerely, Christy Swanson Administrative Specialist cc: Ziad Mazboudi, Senior Civil Engineer Lr) Poatage $ C3 Cerfi ied Fee r C3 ReturnReceipt Fee Postmark C3 (Endorsement Required) Hera O Restricted Delivery Fee (Endorsement Required) N rU Total Postage &Fees En r sent ro C3------ - --- - CFEtc ----------------------- C3 Sbeef, APA. No.: or 0 Our No. - �3[2 M1_____Stat....______ 1.2.7b f1 ........................................ Cy, Stere, I/Pt4 i� San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper U.S. Postal Service . CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comm Lr) Poatage $ C3 Cerfi ied Fee r C3 ReturnReceipt Fee Postmark C3 (Endorsement Required) Hera O Restricted Delivery Fee (Endorsement Required) N rU Total Postage &Fees En r sent ro C3------ - --- - CFEtc ----------------------- C3 Sbeef, APA. No.: or 0 Our No. - �3[2 M1_____Stat....______ 1.2.7b f1 ........................................ Cy, Stere, I/Pt4 i� San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper