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TA. - Page 160
<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.
<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 /> ATTY/RESO.0085/CC RESO DENYING APPEAL AND APPROVING CUP&AP—ROCKETSHIP CHARTER SCHOOL APPEAL
<br /> REV:09-03-17 VR
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