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8.A. - Page 56 ATTACHMENT2 1. Applicant shall implement and comply with all the project mitigation measures described in the Final EIR and Mitigation, Monitoring Program (MMRP) for the Finger Avenue Nine-Lot Planned Development Project, adopted by the City Council by Resolution No. and on file with Planning Services (EA-2006- 03). 2. Applicant shall insure that all improvements substantially conform to the project plans and related information submitted by Applicant, on file with Planning Services, including but not limited to: 1) Preliminary Landscaping Plans consisting of three sheets, prepared by Van Dorn Landscape Architects, Inc. dated 6-8-06 (Sheet L1.1), 5-25-11 (Sheet L1.2) and 7-13-09 (Sheet L1.3); 2) Vesting Tentative Map (TM) prepared by MacLeod and Associates, consisting of three sheets, dated 9/29/06 and including updates to 1/26/12 except as modified by conditions herein; and 3) Architectural drawings for the nine homes titled "McGowan Development," consisting of 27 sheets dated 1-8-09 except as modified and presented to the City Council in October of 2009 and by conditions herein and subject to the modifications provided below: • The residences on Lots 3 and 4 shall be constructed at least 25 feet from the top of bank of Cordilleras Creek. • Applicant shall modify the Lot 2 residence in order to reduce the square footage located within the 25 foot top of bank of Cordilleras Creek, in consultation with, and subject to the approval of, the Community Development Director. • Applicant shall revise the front yard setback of the Lot 7 residence to 20 feet. • Applicant shall reduce the massing of the Lot 8 residence as viewed from Finger Avenue, in consultation with, and subject to the approval of, the Community Development Director. • There shall be no increase in the size or square footage of the Lot 1-4 residences. • Lots 1-4 garage setbacks shall not be less than 20 feet in order to accommodate driveway apron parking. • There shall be no additional tree removals other than those (10 trees) already proposed for removal by the Project applicant. 3. In order to ensure the survivability and propagation of native trees (oaks, redwoods and bay laurels) and the protection of any biological resources (such as the White Tailed Kite) the City will consult and coordinate with both the Applicant and neighborhood group representative (potentially Julie Abraham) in the selection of appropriate arborist and biological resources experts as part of the project's required mitigation monitoring, and will communicate with both the Applicant and neighborhood representative throughout the process. The City has a legal obligation to act independently and therefore will be responsible for the ultimate selection of experts. ATTY/RES0.2784/FINGER RESO APPROVING PD FINAL REV:08-31-12 VR Page 8 of 20