HomeMy WebLinkAboutResolution 90-413 12/17/19901
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~es®Illtl®Cl N0. 90-413 N C.S.
of the City of Petaluma, California
APPROVB GRADING PRIOR TO FINAL MAP APPROVAL
FOR
GLENBROOR SUBDIVISION
WHBRSAS, the developer, McBail Company, has requested to
grade prior to approval of the final map and improvement
plans for said subdivision by the City; and,
EaHBRBAS, 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 Engineering,-guaranteeing that final
grading will conform to final map and improvement plans when
approved by the Director of Engineering; and,
~ISR$AS, Subdivider states it is his intention to enter into
a Subdivision Agreement upon approval of the final map for
same,
A1O6i, THSRBFOR$, BE IT RBSOLVSD 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. Area of grading activity shall be limited to Lots 1
through 45 (Phase 1) and portions of the public
streets proposed to serve those lots from Maria Drive,
as well as Parcel A in the vicinity of the existing
stockpile. The intent is to satisfy provisions
within the Development Agreement relating to
allotments, while permitting staff and the developer
to work to resolve design issues identified in the
improvement plans for the remaining portion of the
project site.
90-41~
Res. No . .............................. N.C.S.
1
2 3. Temporary fencing shall. be installed along the entire
3 southerly perimeter of the project site contiguous
4 to the top of the Capri Creek. north bank, to prevent
5 encroachment into the creek channel during
6 construction. A separate fence permit shall be
7 obtained prior to issuance of the grading .permit.
8
9 4. Subdivider shall give an agreement in writing
10 guaranteeing compliance with all City codes and
11 ordinances as well as compliance with the
12 requirements for final grading as determined by
13 the Director of Engineering;
14
15 5. Subdivider shall provide a cash deposit or a surety
16 bond in the total amount for grading and restoration
17 if the development fails before construction which
18 amount is satisfactory to the City Manager, securing
19 performance of said agreement.
20
21 6. Said agreement shall provide specifically that any and
22 all liability arising out of the work performed by the
23 Subdivider, whether such liability arises from acts or
24 consequences occurring on-site or off-site shall be
25 the sole responsibility of the Subdivider.
26
27 7. In no event shall work be commenced on said grading
28 until an agreement is signed by the Subdivider. and
29 the City of Petaluma and all conditions precedent
30 to said work are performed.
31
32 8. Subdivider shall agree to perform work in accordance
33 with the City of Petaluma's Erosion Control Ordinance
34 and said erosion control plan shall be approved and
35 installed prior to grading.
36
Reso. 9Q-4]~,N.C.S.
~~. .
9, The City Manager is hereby authorized to execute
an agreement on behalf of the City, approved as to
form by the City Attorney.
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 Approved,as to
Council of the City of Petaluma at a (Regular) (~4X~~ meeting form
on the .......17..th_....... day of ......................IIecembe~ •-.-.•-------•--, 19....9.p by the
following vote: .............• .------•----..-----
City Attorney
AYES: Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: p
ABSENT: Sob
ATTEST: .-----•---.........~r.~.tl. ....... ... ................................... ..-..._..:
City Clerk Mayc
CA 10-85