HomeMy WebLinkAboutResolution 90-318 09/17/1990~ZeSOIUtIOrl N®. 90-318 N.C.S.
of the City of Petaluma, California
1
2
3
4 APPROVS GRADING.:PRIOR TO FINAL A~IAP APPROVAL
5 FOR CHERRY HILL SUBDIVISION
6
7
8 WHSR$AS, the developer, Burbank Housing Development
9 Corporation has requested to grade prior to approval of the
10 final-map and improvement plans for said subdivision by the
11 City; and,
12
13 WHBRgAS:, this Council has determined that this request
14 should be granted on the condition that the Subdivider enter
15 into a written agreement satisfactory to the City Attorney
16 and the Director of Engineering, guaranteeing that final
17 grading will conform to final map and improvement plans when
18 approved by the Director of Engineering; and,
19
20 WHBRBAS, Subdivider states it is his intention to enter into
21 a Subdivision Agreement upon approval of the final map for
22 same.
23
24 NOW, THBRSFORB, BB IT RBSOLVSD this Council finds and
25 determines as follows:
26 1. The grading. proposed by Subdivider is not a permanent
27 improvement as that term is used in Section 20.36.010 of the
28 Petaluma Municipal Code;
29
30 2. Subdivider shall give an agreement in writing
31 guaranteeing compliance with all City codes and
32 ordinances as well as compliance with the
33 requirements for final grading as determined by
34 the Director of Engineering;
~z~s. N~.......9,0.-3.1.$..... v.cs.
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
2.0
21
22
23
24
25
26
27
28
29
30
31
32
33
3.4
35
3'6~
3. Subdivider shall. provide a cash deposit or a surety
bond in the total amount for grading and restoration if
the development fails before construction which amount
is satisfactory to the City Manager, securing
performance of said agreement.
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. In no even-t shall work be commenced on said grading
until an agreement is signed by 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 erosion control plan shall be approved and
installed prior to grading.
Reso. 9.0-31.8 N'. C.S.
1
2 7. The City .Manager is hereby authorized to execute an
3
4 agreement on behalf of the City, approved as to form
5
6 by the City Attorney.
7
8
9
10
11 chs
12
13
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 r o d as to
Council of the City of Petaluma at a (Regular) (~j~oaxGb'1a~a~l) meeting
on the ..-1Z1~h............ day of ............Sep.umber ......................... 19..9.0., by the ~,
following vote: ........ J...r,~..:......
City ttor ey
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: 0
ATTES'T' : ...................... ...•- -•- iii ~~~~x-.''""C`'.---'``:':...............
City Clerk
Gbuncil Filep-.--•--• ............................
CA 10-85 ~ Res. No......~.Q'..3.1.~...... N.C.S.