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88 Page 27 REVISED CONDITIONS OF APPROVAL FOR FINGER AVENUE SUBDIVISION City Council Meetin~ - October 26, 2009 Approval of this project by the Redwood City City Council includes the following actions, subject to the conditions of approval set out herein: A. Approval of the Mitigation Monitoring and Reporting Program as set out in Attachment 2 of the Planning Commission staff report dated February 10, 2009. B. Approval to construct a private street instead of a public street pursuant to Redwood City Municipal Code (RCMC) Sections 30.69 and 30.118. C. Permission to have single-family residential improvements located up to but no closer than 15 feet from the top of bank of Cordilleras Creek as provided for in Zoning Ordinance Section 32.12 (F). No separate Use Permit has been required as provided for in Zoning Ordinance Section 46.7(0). O. Permission to have stormwater drainage improvements constructed as shown on the Vesting Tentative Map dated October 19, 2009, and marked as Attachment 3. No separate Use Permit has been required as provided for in Zoning Ordinance Section 46.7(0). E. Approval of the Finger Avenue Planned Development Permit subject to changes and conditions pursuant to Zoning Ordinance Article 46. F. Approval of the Vesting Tentative Map dated 10/19/09 and marked as Attachment 3 which is consistent with the Planned Development Permit. ~ Effective Date: These approvals shall not be in force unless and until seven days following the date of the decision have passed without an appeal to the City Council being filed. 2. Notice Dursuant to Government Code Section 66020(a): The Conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations! and other exactions. The applicant is hereby further notified that the 90-day approval period in which to protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), began on date of approval of these conditions. If no protest is within this gO-day period complying with all of the requirements of Section 66020, later challenges to such exactions will be legally barred. 3. Indemnification: The property owner or any successor in interest shall defend, indemnify, and hold harmless the City of Redwood City, its agents, officers, employees or consultants from any claim, action or proceeding against the City, its agents, officers, employees or consultants to attack, set aside, void or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval, which action is brought within the time period provided for in California Government Code Section 666493.37. The City wilt promptly notify the property owner or any successor in interest of any such claim, action or proceeding against the City and will cooperate fully in the defense. If the City fails to promptly notify the property owner or any successor in interest of any such claim, action or proceeding, or fails to cooperate in the defense, then the property owner or any successor in interest shall not, thereafter, be responsible to defending indemnify or hold harmless the City. 10-26-09 Revised Draft Finger A venue Conditions of Approval