HomeMy WebLinkAboutResolutions 89-340 N.C.S. 11/06/1989~,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
~es®IUtI®Cl N®. 89-340 N C.S.
of the City of Petaluma, California
APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
FOR ADOBE GOLF AND COUNTRY CLUB
UNIT 2 PHASE 1 SUBDIVISION
WHEREAS, the developer, Duffel Finance Co., has requested to
grade Adobe Golf and Country Club Unit 2 Phase 1 Subdivision
prior to approval of the final map and improvement plans for
said subdivision by the City; and,
WHEREAS, this Council has determined that this request
should be granted on the condition that the Subdivider enter
into a written agreement satisfactory to the City Attorney
and the City Engineer, guaranteeing that final grading will
conform to final map and improvement plans when approved by
the City Engineer; and,
WHEREAS, Subdivider states it is his intention to enter into
a Subdivision Agreement upon approval of the final map for
same.
NOW, THEREFORE, BE IT RESOLVED this Council finds and
determines as follows:
1. The grading proposed by Subdivider is not a permanent
improvement as that term is used in Section 20.36.010
of the Petaluma Municipal Code;
2. Subdivider shall give an agreement in writing
guaranteeing compliance with all City codes and
ordinances as well as compliance with the requirements
for final grading as determined by the City Engineer.
3. Subdivider shall provide a cash deposit or a surety
bond in the total amount satisfactory to the City
Manager, securing performance of said agreement.
Rcs. N~........89-340.... v.c.s.
i
1 4. Said agreement shall provide specifically that any and
2 all liability arising out of the work performed by the
3 Subdivider, whether such liability arises from acts of
4 consequences occurring on-site or off-site shall be the
5 sole responsibility of the Subdivider.
6
7 5. In no event shall work be commenced on said grading
8 until an agreement is signed by the Subdivider and the
9 City of Petaluma and all conditions precedent to said
10 work are performed.
11
12 6. Subdivider shall agree to perform work in accordance
13 with the City of Petaluma Erosion Control Ordinance and
14ii said erosion control plan shall be approved and
15 installed prior to grading.
16
17 7. That the procedures under Section 19A-505 C of
18 Ordinance No. 1072 N.C.S. are hereby waived due to the
19 necessity of the commencement and completion of grading
20 prior to the advent of inclement weather and the fact
21 that the development plans are substantially completed.
22
23 8. The City Manager is hereby authorized to execute an
24 agreement on behalf of the City, approved as to form by
25 the City Attorney.
26
27 Adobe
28
Under the power and authority conferred upon this Council by the Charter of said City.
FZ~'ERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ,,-A~ as to
31 Council of the City of Petaluma at a (Regular) (t~r~S~~Xi~~ meeting ,/.-~"---"' ~
32 on the .......6.G.h.-.-.-..... day of ...................~Io~r~znb~.h..................., rs....~-9, by th ` .._.
33 following vote: ......-- -•- .- -• .....................
34 Tencer, Woolsey, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss, ~~y torney
AYES:
0
NOES : /f
ABSENT: Cava - '
ATTES'T': . ---- .~~ .... ...... .............~----~~--L`.e.__ -.........-.........--....-..........--•• ---....-..........-...- ---.•-.'••-......--•---•
City Clerl Mayor
(bunch File ...................................
CA 10-85 ~ Res. No. .....g.9.'3.4.Q...... N.C.S.