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ATTY/RESO.0033/PC RESO APPROVING A CONDITIONAL USE PERMIT & ARC – 860 CHARTER ST.
<br />REV: 06-27-17 PR
<br />Page 10 of 11
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<br />General Requirements
<br /> 32. Exterior Materials – The exterior materials, colors, textures, trim elements, windows
<br />and roof pitch of the project shall be consistent throughout and substantially conform
<br />to the colors and materials board, date received October 12, 2016, on file with Planning
<br />Services. [COA][PLANNING]
<br /> 33. Review of Modifications - Modifications to the approved plans require Planning
<br />review and approval prior to building permit issuance. Substantial modification of
<br />approved plans, as determined by the Zoning Administrator, may be subject to an
<br />amendment or a new Permit. [COA][PLANNING]
<br /> 34. Indemnification – Per Redwood City Code Section 1.54, Applicant shall defend
<br />(with counsel approved by City), indemnify, and hold harmless the City, its agents,
<br />officers, and employees from and against any claim, action, or proceeding (including
<br />without limitation any appeal or petition for review thereof) against the City or its
<br />agents, officers or employees related to an approval of the Project, including without
<br />limitation any related application, permit, certification, condition, environmental
<br />determination, other approval, compliance or failure to comply with applicable laws
<br />and regulations, and/or processing methods (“Challenge”). City may (but is not
<br />obligated to) defend such Challenge as City, in its sole discretion, determines
<br />appropriate, all at applicant’s sole cost and expense. Applicant shall bear any and
<br />all losses, damages, injuries, liabilities, costs, and expenses (including, without
<br />limitation, staff time and in-house attorney's fees on a fully- loaded basis,
<br />attorney’s fees for outside legal counsel, expert witness fees, court costs, and
<br />other litigation expenses) arising out of or related to any Challenge (“Costs”),
<br />whether incurred by Applicant, City, or awarded to any third party, and shall pay
<br />to the City upon demand any Costs incurred by the City. No modification of the
<br />project, any application, permit, certification, condition, environmental determination,
<br />other approval, change in applicable laws and regulations, or change in processing
<br />methods shall alter the applicant’s indemnity obligation. Per Government Code
<br />Section 66474.9, Applicant’s indemnification obligation with respect to any
<br />Challenge concerning a subdivision (tentative, parcel, or final map application or
<br />approval) shall be limited to actions brought within the time period provided for in
<br />Government Code Section 66499.37, unless such time period is extended for any
<br />reason. The City shall promptly notify Applicant of any such claim, action or
<br />proceeding and shall cooperate fully in the defense. [COA][OFFICE OF THE CITY
<br />ATTORNEY]
<br /> 35. Traffic Trips. Normal operation of the school shall not exceed 462 morning peak
<br />hour trips. For purposes of this condition, the morning peak hour is defined as the
<br />highest one hour period between 7:00am – 9:00am during which the maximum traffic
<br />generated by the school occurs.
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<br />The applicant shall retain a third-party traffic consultant to count the trip generation of
<br />the school, which would include counts at the school driveways plus counting any
<br />school-related traffic that is dropping off students along Charter Street or any of its
<br />cross-streets. The third-party consultant will conduct the counts over two (2)
<br />weekdays (a Tuesday, Wednesday, and/or Thursday) in October/November and
<br />March of each school year, excluding scheduled school holidays, at a date
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