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HomeMy WebLinkAbout20200123_Resolution_PC2020-001Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL February 7, 2020 SoCal Land Co., LLC. Attn: Blake Quinn, Mgr. PO Box 226789 Los Angeles, CA 90022 Bquinn6x@gmail.com Subject: Costal Development Permit No. CD2019-021 Variance No. VA2019-004 (PA2019-059) 24 Harbor Island Dear Mr. Quinn, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on January 23, 2020 and is now within the required City appeal period until February 6, 2020. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, GBR/cc Chelsea Crager Associate Planner Tmplt:-03/16/18 cc: CAA Planning, Inc. Attn: Shawna Schaffer 30900 Rancho Viejo Road #285 San Juan Capistrano, CA 92675 sschaffner@caaplanning.com RESOLUTION NO. PC2020-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-021 AND VARIANCE NO. VA2019-004 TO CONSTRUCT A SIX (6)-FOOT WALL IN A FRONT SETBACK AREA LOCATED AT 24 HARBOR ISLAND (PA2019- 059) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SoCal Land Co., LLC. ("Applicant") on behalf of SoCal Land Co., LLC, a California limited liability company ("Owner"), with respect to the property located at 24 Harbor Island, Newport Beach, California 92660 and legally described as Lot 24 and 25 of Tract No. 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page 7 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No. 050-230-40 ("Property"). 2. The Applicant requests a coastal development permit to construct a 120-foot-long, six (6)- foot-tall block wall along the southeasterly Property line and located within a side setback area that is regulated as a front setback area for the purpose of regulating accessory structures pursuant to Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municpal Code ("NBMC") because a site- specific setback is identified on Setback Map No. S-8 ("Project"). As part of the Project, the Applicant requests approval of a variance to waive or modify Sections 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) and 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC to allow an increase in height of a property line wall within a side setback area that is regulated as a front setback area. 3. The Property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single Unit Residential) Zoning District. 4. The Property is located within the coastal zone; therefore, the Project is reviewed for compliance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC, and a coastal development permit ("CDP") is required. The Coastal Land Use Plan category is Single Unit Residential Detached -(0.0-5.9 DU/AC) ("RSD") and it is located within the MU-V (Mixed Use Vertical) Coastal Zone District. 5. A public hearing was held on January 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 12-21-2017 Planning Commission Resolution No. PC2020-001 Page 2 of 14 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption applies to accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The Project is consistent with all requirements of the Class 3 exemption, as it consists of a six (6)-foot wall accessory to an existing single-family residence. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Variance In accordance with Section 20.52.090(F) (Variances -Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject Property (e.g., location shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The Property is located on Harbor Island, a private island in the Newport Harbor. The side setback area along the southeasterly property line is regulated as a front setback due to a private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. 2. There are three other properties under identical zoning classification that are affected by the private easement (7, 8, and 26 Harbor Island). Each has been granted deviations from the front setback development standard requirements along their side property Planning Commission Resolution No. PC2020-001 Page 3 of 14 lines. All other lots on Harbor Island have side setback areas that allow for six (6)-foot fences and walls. 3. The private walkway easement was created in 1926 as part of Tract Map 802 and was intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners' Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a four (4)-foot side setback, which allows for a six (6)-foot wall. Finding: B. Strict compliance with the Zoning Code (Title 20 of the NBMC) requirements would deprive the subject Property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Facts in Support of Finding: 1. Strict compliance with the Zoning Code (Title 20 of the NBMC) deprives the Property of the ability to construct a six (6)-foot property line wall along the side property line to separate the Property from the adjacent neighbor at 26 Harbor Island. Without the approval of the Variance, the Applicant would be deprived of privacy, security, and noise abatement enjoyed by other properties on Harbor Island with typical side yard fences and walls. 2. The required 11.5-foot side setback instead of the typical four (4)-foot side setback is a result of an outdated private easement, originally intended to allow for the future development of a private walkway or road that does not exist. There are three (3) other properties under identical zoning classification that are also affected by the private easement, including 7, 8, and 26 Harbor Island. Each of these properties has been granted a deviation (variance or modification permit) from the front setback development standards alongside property lines. All other properties on Harbor Island are under identical zoning classification and are not affected by the private easement, and therefore have side setbacks that allow for six (6)-foot walls. Finding: C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the Applicant. Fact in Support of Finding: 1. Without granting the Variance to increase wall height, the Applicant could not construct a typical six (6)-foot side property line wall, consistent with what the development regulations permit on other lots in the area because this side setback is regulated as a front setback area. A six (6)-foot property line wall provides enhanced security, privacy, Planning Commission Resolution No . PC2020-001 Page 4 of 14 and noise abatement over a 42-inch-tall wall. A typical side setback area allows fences/walls up to six (6) feet in height. In this case , an outdated private easement , originally intended to allow for the construction of a private walkway or road, has resulted in a side setback area that is regulated as a front setback . This setback area therefore only allows fences/walls up to 42 inches in height. Finding : 0 . Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district . Fact in Support of Finding: 1. Approval of the Variance request allows the Applicant to develop a six (6)-foot property line wall in the setback area along a side property line , which is regulated as a front setback due to an obsolete private easement. This is not a granting of special privilege as the majority of lots on Harbor Island are not affected by this easement and are therefore allowed to construct property line fences/walls in side setback areas up to six (6) feet in height. There are three (3) other properties under identical zoning classification that are also affected by the private easement (7, 8, and 26 Harbor Island). Each of these properties has been granted a deviation (variance or modification permit) from the resulting front setback area regulations . Finding : E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health , interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. The increased wall height within the setback area along the side property line will not appear out of character with the neighborhood and will not be a noticeable deviation to passersby allowed on the private island . The majority of properties on Harbor Island include similar property line walls within the side setback areas . The Project will be consistent with typically allowable and constructed development on other lots in the surrounding area . 2 . The design proposes the wall encroach only two (2) feet , six (6) inches (2'6") into the side setback area along the main access driveway at the inland 50 feet of the Property , which provides a vehicle turnaround area and therefore preserves adequate vehicle maneuverability on Harbor Island . Finding: Planning Commission Resolution No. PC2020-001 Page 5 of 14 F. Granting of the Variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. Granting the Variance request would not increase the density beyond what is planned for the area, and will not result in increased traffic, demand on public parking, or demand for other services. 2. The increase in wall height within the front setback area along the side property line allows for privacy, security, and noise abatement, consistent with what is allowed for other developments within the R-1 (Single Unit Residential) Zoning District. 3. The Property is not located within a specific plan area, therefore, no additional findings of conformity with a specific plan are required Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program (LCP). Facts in Support of Finding: 1. The Project is accessory to a single-family residential development that complies with applicable residential development standards including, but not limited to, floor area ratios, setbacks, height, open space, and parking. 2. The proposed deviation to the wall height in the front setback area allows for a development that is similar and compatible in design, bulk and scale of the existing neighborhood pattern of development and expected future development. The maximum six (6)-foot wall height granted by the Variance is consistent with wall heights in side setback areas throughout Harbor Island. 3. The Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The existing residential lot does not currently provide nor inhibit coastal access. The Property is located on a private island which does not provide coastal access, which will remain unchanged with the construction of a six (6)-foot property line wall. Planning Commission Resolution No . PC2020-001 Page 6 of 14 4 . The Project site is not located adjacent to a coastal view road , public access way , or coastal viewpoint as identified in the Coastal Land Use plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The proposed six (6)-foot wall is consistent with the existing neighborhood pattern of development , which permits six (6)-foot walls within side setback areas. The Project complies with the 15-foot front setback along the harbor , which only allows improvements with a maximum height of 42 inches . Additionally , the Project does not contain any unique features that could degrade the visual quality of the coastal zone . The Project is visible from the interior of Harbor Island or from the harbor, however there are no existing views through the island from the harbor because of the existing homes and accessory residential structures already developed on the island . 5 . The Project is accessory to a single -family residence , which was approved by Coastal Development Permit No . 5-16 -0054 , approved by the California Coastal Commission on September 13 , 2017 . This coastal development permit requires landscaping with drought-tolerant , non-invasive plants , conformance with a drainage and runoff control plan , and acknowledgement of coastal hazards . Finding : H. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Facts in Support of Finding : 1. The Property is located on Harbor Island between the nearest public road and the sea. Sect ion 21 .30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project's impact and be proportional to the impact. In this case , the Project increases the height of a property line wall from 42 inches to six (6) feet. Therefore , the Project does not involve a change in land use , density or intensity that will result in an increased demand on public access and recreation opportunities. Furthermore , the Project will not block or impede existing public access opportunities. 2 . Vertical access to the harbor is available at the Balboa Basin , approximately 2 ,000 feet east of the property . Vertical and lateral access to the beach and harbor is also available at street ends throughout Balboa Island , approximately 1,300 feet southeast of the Property . The Project does not include any features that would obstruct access along these routes . Variance Planning Commission Resolution No. PC2020-001 Page 7 of 14 In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standards) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: I. The Planning Commission has considered the following: a. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and b. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. Granting of a Variance will allow a six (6)-foot wall in a setback area along a side property line, which is regulated as a front setback and will result in setback regulation and property line wall height similar to properties in the surrounding area and throughout Harbor Island. 2. The six (6)-foot wall along the side property line is necessary in order to provide adequate privacy and security for the single-family residence on the Property. The design proposes the wall encroach only two (2) feet, six (6) inches (2'6") into the setback area at the inland 50 feet of the Property, which provides a vehicle turnaround area and therefore preserves adequate vehicle maneuverability on Harbor Island. 3. While the Project is requesting a Variance for wall height within a front setback area along a side property line, the residential development on the Property complies with all other applicable development standards including, but not limited to, setbacks, floor area limit, height limitation, and parking requirements and was previously approved by Coastal Development Permit No. 5-16-0054. 4. Disapproval of the Variance could result in lack of privacy and security for the single- family residence on the Property that other properties located on Harbor Island are granted. The proposed six (6)-foot-high wall is the typical height allowed by Title 21 (Local Coastal Program Implementation Plan) for property line walls and fences. 5. The Project does not extend into the front setback area adjacent to the tidelands and the harbor and is therefore protective of the tideland and other coastal resources. Finding: Planning Commission Resolution No. PC2020-001 Page 8 of 14 J. The granting of the Variance is necessary due to the practical difficulties associated with the Property and that the strict application of the Implementation Plan results in physical hardships. Facts in Support of Finding: 1. The Property is located on Harbor Island, a private island in the Newport Harbor. The setback area along the southeasterly property line is regulated as a front setback due to a private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. 2. The private walkway easement was created in 1926 as part of Tract Map 802 and was intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners' Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a four (4)-foot side setback, which allows for a six (6)-foot wall. Finding: K. The granting of the Variance is necessary due to special circumstances applicable to the Property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. The Property is located on Harbor Island, a private island in the Newport Harbor. The setback area along the southeasterly property line is regulated as a front setback due to private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. 2. There are three (3) other properties under identical zoning classification that are affected by the private easement, including 7, 8, and 26 Harbor Island. Each has been granted deviations from the front setback development standards alongside property lines. All other lots on Harbor Island have typical side setback areas that allow for six (6)-foot fences and walls. Planning Commission Resolution No. PC2020-001 Page 9 of 14 3. The private walkway easement was created in 1926 as part of Tract Map 802 and was intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners' Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a four (4)-foot side setback, which allows for a six (6)-foot wall. Finding: L. The Variance complies with the findings required to approval a coastal development permit in Section 21.52.015(F) (Coastal Development Permits-Findings and Decision) of the NBMC. Facts in Support of Finding: 1. Facts in Support of Findings "G" and "H" above are hereby incorporated by reference. Finding: M. The Variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding: 1. The Property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. Finding: N. The Variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Fact in Support of Finding: 1. The Project site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The proposed six (6)-foot wall is consistent with the existing neighborhood pattern of development, which permits six (6)-foot walls within side setback areas. The Project complies with the 15-foot front setback along the harbor, which only allows improvements with a maximum height of 42 inches. Additionally, the Project does not contain any unique features that could degrade the visual quality of the coastal zone. The Project is visible from the interior of Harbor Island or from the harbor, however there are no existing views through the island from the harbor because of the existing homes and accessory residential structures already developed on the island. Finding: Planning Commission Resolution No. PC2020-001 Page 10 of 14 0. The Variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: 1. The Property is located adjacent to the harbor and County tidelands. The Project does not extend into the front setback area adjacent to the tidelands and the harbor and is therefore protective of the tideland and other coastal resources. Finding: P. The granting of the Variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Facts in Support of Finding: 1. Facts in Support of Finding "I" above are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of the Local Coastal Implementation Plan (Title 21 of the NBMC). Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Sections 13111 through 13120 of Title 14 of the California Code of Regulations, and Section 30603 of the Coastal Act. Planning Commission Resolution No . PC2020-001 Page 11 of 14 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2019. AYES : Ellmore , Klaustermeier, Kleiman, Koetting , Lowrey , Rosene , and Weigand NOES : ABSTAIN : ABSENT: Planning Division Planning Commission Resolution No. PC2020-001 Page 12 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20. 54. 060 (Time Limits and Extensions) of the Newport Beach Municipal Code ("NBMC''), unless an extension is otherwise granted. 3. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 4. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 5. Debris from demolition shall be removed from work areas each day and removed from the Project within twenty-four (24) hours of the completion of the Project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 6. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 7. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 8. The Applicant is responsible for compliance with the Migratory Bird Treaty Act ("MBTA"). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to the MBT A: Planning Commission Resolution No. PC2020-001 Page 13 of 14 A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 9. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 11. A copy of the Resolution, including conditions of approval Exhibit "A," shall be incorporated into the Building Division and field sets of plans prior to issuance of building permits. 12. Prior to issuance of any building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this action and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 13. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Federal Holidays. 15. All trash shall be stored within the designated areas as approved by Community Development Department and screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. Planning Commission Resolution No. PC2020-001 Page 14 of 14 16. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the 24 Harbor Island Property Line Wall Variance including, but not limited to Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.