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<br />88 <br />Page 28 <br /> <br />4. Duty to Comolv With Laws: The applicant must comply with all applicable federal, <br />state regional and municipal laws, codes and regulations. including but not limited to the <br />Uniform Building and Fire Codes. Nothing herein shall be construed as authorizing any <br />approvals under, or any exceptions to any other law, code or regulation, or as authorizing any <br />change to the occupancy classification of the premises or any buildings thereon as defined in <br />the Uniform Building Code. Compliance with other applicable requirements may require <br />changes in the approved project. <br /> <br />5. Severabilitv: Approval of the project would not have been granted but for the <br />applicability and validity of each and everyone of the specified conditions andlor mitigation <br />measures, and if one or more of such conditions and/or mitigation measures, is found to be <br />invalid by a court of competent jurisdiction this approval would not have been granted without <br />requiring other valid conditions and/or mitigation measures, consistent with achieving the same <br />purpose and intent of such approval. <br /> <br />6. Exoiration of Planned Develooment Permit: Once a Vesting Tentative Map has been <br />approved, the Planned Development Permit shall remain in effect as long as the Tentative Map <br />Approval has not expired. It shall be null and void should the Vesting Tentative Map approval for <br />this project expire without a Final Map being recorded. <br /> <br />7. Approved Plans and Documents: Plans submitted for grading permit or building permit, <br />improvement plans, physical development. on-site circulation, and operations of the Finger <br />Avenue project shall be in substantial compliance with the following plans and documents, as <br />amended, which are on file in the Planning Departmenfs offices, subject to the following <br />conditions: <br /> <br />a. Revised Vesting Tentative Map consisting of three sheets prepared by Macleod and <br />Associates dated October 19, 2009, and marked as Attachment 3 <br /> <br />b. Preliminary landscaping Plans consisting of three sheets, prepared by Van Dom <br />Landscape Architects, Inc. dated 6-8-06 <br /> <br />c. Architectural drawings for the nine homes titled "McGowan Deve10pment," consisting of 27 <br />sheets dated 1-8..09 <br /> <br />8. Proiect Desian Chanaes: The project shall satisfy the following requirements: <br /> <br />a. Development on Lots 1, 2, 3, and 4 shall maintain a minimum setback of fifteen feet from the <br />top of bank (as shown on Sheet 1 of Attachment 3 the Revised Vesting Tentative Map dated <br />10/19/09). The total amount of building coverage within the 25-foot creek setback shall not <br />exceed 1,000 square feet. <br /> <br />b. The proposed development shall not be gated. <br /> <br />c. The private street shall consist of a 22-foot wide travel way with curb and gutter on each <br />side and a four-foot wide pedestrian walkway within the 22-foot width. The roadway shall be <br />separated by a rolled curb. Traffic calming measures including 10 mile per hour speed limit <br />signs and other speed reduction measure such as speed cushions or a tree bulb out shall <br />be provided. <br /> <br />d. At least five guest parking spaces shall be provided within the project. <br /> <br />e. For Lots 7, the corner side setback for the house adjacent to the new private street may be <br />reduced to provide a greater side setback in the other side yard adjacent to an existing <br /> <br />10-26-09 Revised Draft Finger A venue Conditions of Approval <br />