HomeMy WebLinkAboutResolution 97-232 08/18/1997 Resolution No. 97-232 N.C.S.
1 of the City of Petaluma, California
z
3
4 APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
5 FOR WEST VIEW ESTATES
6
7 WHEREAS, the developer, John Barella of North Bay Construction, Inc., has requested
8 to grade prior to approval of the final map and improvement plans for said subdivision by
9 the City; and,
10
11 WHEREAS, this Council has determined that this request should be granted on the
12 condition that the Subdivider enter into a written agreement satisfactory to the City
13 Attorney and the Director of Engineering, guaranteeing that final grading will conform to
14 final map and improvement plans when approved by the Director of Engineering; and,
15
16 WHEREAS, Subdivider states it is his intention to enter into a Subdivision Agreement
17 upon approval of the final map for same.
18
19 1. The grading proposed by Subdivision is not a permanent improvement as that term
20 is used in Section 20.36.010 of the Petaluma Municipal Code;
21
22 2. Subdivider shall give an agreement in writing guaranteeing compliance with all
23 City codes and ordinances as well as compliance with the requirement for final
24 grading as determined by the Director of Engineering.
25
26 3. Subdivider shall provide a cash deposit or a surety bond to cover the cost of
27 grading, restoration and erosion control. Amount of deposit or bond, securing
28 performance of this work, shall be satisfactory to Director of Engineering and City
29 Manager.
30
31 4. Said agreement shall provide specifically that any and all liability arising out of the
32 work performed by the Subdivider, whether such liability arises from acts or
33 consequences occurring on-site or off-site shall be the sole responsibility of the
34 Subdivider.
35
Hes. no..........97-232... v.c.s.
1 5. In no event, shall work be commenced on said grading until an agreement is signed
2 by the Subdivider and the City of Petaluma and all conditions precedent to said
3 work are performed.
4
5 6. Subdivider shall agree to perform work in accordance with the City of Petaluma
6 Erosion Control Ordinance and said Erosion Control Plan shall be approved and
7 installed prior to grading.
8
9 7. The City Manager is hereby authorized to execute an agreement on behalf of the
10 City, approved as to form by the City Attorney.
11
12 8. The grading and erosion control shall conform to the improvement. plans submitted
13 for the grading permit. Additionally, a grading permit shall be secured from the
14 City of Petaluma priorto starting any work.
IS
16
17
18
19 sb/westvwgr/agenda/hd
20
21
22
23
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hemby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (atdloltl¢leedjc~f9$et~Y) meeting ~ form
on the ..1.$Yh day of ............_...AllglisL_........................, 19..9.7,. by the ~ ~ '
following vote: A
City Attorney
AYES: Read, Vice. Mayor Hamilton, Mayor Hilligoss
NOES: Torliatt
ABSENT: Kelle , tompe, Maguire /~////~/,JJ/0
ATTEST: /~j{/J~~
................._................................!!..t.....-...
Cite ~ITY ~L._ ~ MBYOr
Cowcil Ftte..._.__..__
ca io.as ass. ne.....97-232........ e.cs.