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HomeMy WebLinkAboutResolutions 87-298 N.C.S. 10/19/1987. ,~ ... -. ~ ReSO~UtI®n ~®. 87-298 N. C. S. of the City of Petaluma, California AUTHORIZE. GRADING BEFORE FI_NJAL MAP APPROVAL FOR THE SUMMIT ABOVE PETALUMA WHEREAS, the developer, J. L. Construction Co., has requested to grade Lots numbered l.to,7 encompassing this °'custom lots" on B Street prior to approval o-f 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 Director of Public works/City Engineer, guaranteeing that final grading will conform to final map and improvement plans when approved by the Director of Public Works/ci.ty 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 2©.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 Director of Public Works/City Engineer. 87-298 NCS 4 J 3. Subdivider shall provide a cash deposit bond in the total amount of X109,264.00 for grading and ~?,500.00 to restore if fails before construction) which amount to the City Manager, securing performen agreement. or a surety 0101,764.00 the development is satisfactory ~e of said 4. Said agreement shall provide specifically that any and all liability arising out of the work performed by the Subdivider, whether such liability arises from acts or consequences occurring on-site or off--site shall be the sole responsibility of the Subdivider. 5. Tn no event shall work be commenced on said grading until an agreement is signed b y the Subdivider and the City of Petaluma and all conditions precedent to said work are performed. 6. Subdivider shall agree to perform work in accordance with the City of Petaluma Erosion Control ordinance and said erasion control plan shall be approved and installed prior to grading. ?. The City Manager is hereby authorized to execute an agreement on behalf of the City, approved as to form by the City Attorney. BE IT FURTHER RESOLVED that the Subdivider's request far a finding that this proposed grading for Lots 1 - 7 custom lots fronting Hayes Lane are in substantial conformance with the approved tentative map is denied and that Subdivider is required to consult witfi City staff to modify said grading by sculpting cut/fill slopes, utilizing retaining walls to reduce the height and abruptness of cut/fill slopes and modify architecture, parking areas and usable open space are lots to further limit grading of said area; and Reso. 87-298 NCS Pg.2 BE IT FURTHER RESOLVED that the Subdivider's request to grade Lots 1 - 7 prior to approval of the final map is hereby denied prior- to compliance with the above direction to City staff satisfaction. summit3 Under the power and authority conferred upon this Council by the Charter of said. City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pr ved as to Council of the City of Petaluma at a ($egada>~lxtat~a~ (Special) meeting ~~~ on the ....19th.-._...---. day of ...........0 c t ob e r ............................... 19... 8 ~, by the following vote: ._...------•--•-•--•---•-•----..... City Attorney AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilli~o~6s NOES: 0 ABSENT: So ATTEST: .... .. ....-•-• --•-•-• . ............... .. .....-----..... City Clerk Mayo Council FilQe .................................... CA 10-85 ~ Res. No.....V.7.-..Z.Z.57........ N.C.S. w. ...