HomeMy WebLinkAboutPC2022-029 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A COASTAL DEVELOPMENT PERMIT AND VARIANCE TO ALLOW THE CONSTRUCTION OF A NEW DETACHED PATIO COVER LOCATED AT 18 HARBOR ISLAND (PA2022-123)RESOLUTION NO. PC2022-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING A COASTAL DEVELOPMENT PERMIT AND VARIANCE TO ALLOW THE CONSTRUCTION OF A NEW DETACHED PATIO COVER LOCATED AT 18 HARBOR ISLAND (PA2022-123)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jake Winkle of Winkle Custom Homes (“Applicant”), with respect to property located at 18 Harbor Island, and legally described as Parcel 1 as shown on Parcel Map No. 83-711 (“Property”), requesting approval of a variance and coastal development permit.
2. The Applicant seeks a coastal development permit and variance to allow the construction of an approximately 450 square foot detached patio cover to encroach 24 feet and 3 inches into the front setback area on the north side of the property facing Newport Harbor (“Project”).
3. The Property is designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-A) and is located within the Single-Unit Residential
(R-1) Coastal Zone District. 5. A public hearing was held on November 3, 2022 in the City 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 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 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. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The Project is a new accessory structure to an existing single-family residence located within the Single-Unit Residential (R-1) Zoning District and Single-Unit Residential (R-1) Coastal Zone District.
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3. The exceptions to this categorical exemption under Section 15300.2 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 Subsection 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 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 not accessible to the public. Properties on Harbor Island are unique from other R-1 properties because beyond the private property lines around the island is area designated as County tidelands.
2. Most lots on Harbor Island are subject to one waterside front setback and one streetside front setback. The Property is one of two corner lots on Harbor Island and is therefore unique due it being subject to two waterfront and one street side front setback areas. Development within these front setback areas are generally restricted to accessory
structures measuring up to 42-inches in height.
3. The Property is located at the eastern end of the island. The waterside front setbacks measure approximately 25 feet 6 inches from the north property line (approximately 55 feet from bulkhead) and approximately 30 feet from the west property line
(approximately 60 feet from bulkhead).
4. Approximately 71 percent of land area at the Property is designated as setback area or tidelands area. This leaves approximately 29 percent of the land area available as buildable area where the Project may be constructed. A 29 percent buildable area is
excessively restrictive when compared with other lots on Harbor Island that have on
average approximately 46 percent of land area (including tidelands) as buildable area. Finding:
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B. Strict compliance with Title 20 (Planning and Zoning) of the NBMC requirements would
deprive the subject property of privileges enjoyed by other properties in the vicinity and
under an identical zoning classification. Facts in Support of Finding:
1. The Property is one of 30 single-unit residences located on Harbor Island, but only two
lots (including the Property) are subject to two waterside front setback areas. As a result, approximately 71 percent of the land area (including tidelands) of the Property is designated as either setback area or tidelands area.
2. Strict compliance with the required setbacks leaves approximately 29 percent of the land
area as buildable area and would deprive the owners of the ability to reasonably utilize a greater portion of the Property for the construction of a patio cover when compared to other lots on the island. The majority of properties on Harbor Island are subject to a single waterside setback and as a result enjoy the privilege of utilizing a larger portion
of their property (46 percent of the land area, including tidelands).
Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial
property rights of the Applicant.
Facts in Support of Finding:
1. Without granting the variance to allow encroachment into the front setback area, the
Applicant could not construct a covered patio area separate from the main structure. Due to the two waterside setback areas, the buildable area of the Property is disproportionally limited when compared to the typical property on Harbor Island that is subject to only one waterside setback and enjoys more buildable area and flexibility in
placement of structures.
2. The design and location of the Project achieves reasonable development of the Property within the restraints and limits of development on the lot. Granting of the variance preserves the Applicant’s right to construct an accessory structure which is comparable
to other development in the neighborhood while preserving distance from Newport
Harbor. Finding:
D. 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.
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Fact in Support of Finding:
1. Title 20 (Planning and Zoning) of the NBMC permits the approval of variances to resolve
practical physical hardships resulting from the unique locational restraints that exist on this lot and surrounding area. 2. There are the five other residences on the Harbor Island that are subject to three front
setbacks (waterside and streets), which all have been granted deviations to encroach
into a front setback due to buildable constraints. The existing structure on the Property also encroaches into the front setback on the west side of the Property pursuant to Modification No. MD3044, granted by the Modifications Committee in 1985.
3. Allowing the approximately 450 square foot accessory structure within the north
waterside front setback area will not change the buildable area of the lot, nor will it substantially increase the allowable footprint of the Property compared to other Harbor Island lots. The average buildable area of the 30 lots on Harbor Island is 46 percent of land area (including tidelands), and the buildable area of the Property will remain
substantially below this average.
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 encroachment into the required front setback does not create a visual detriment when viewed from Newport Harbor or from neighboring properties. There is an approximately 30-foot County tidelands area between the Property line and Newport Harbor, which reduces the visual impact of the encroachment. Developments on
neighboring properties have been similarly approved to encroach to the front property
line and have not proven to be detrimental to the neighborhood. 2. The approximately 450 square foot patio cover structure within the front setback on the north side of the Property will not appear out of character from the neighborhood and
will not be visible to passersby allowed on the private island. Further, the structure will
not be a noticeable deviation to passersby viewing the Property from Newport Harbor is distant viewing areas. All six of the properties on Harbor Island that are subject to three front setbacks, including the Property, have been granted a deviation (variance or modification permit) from front setback development standards due to buildable area
constraints.
Finding: F. Granting of the variance will not be in conflict with the intent and purpose of this section,
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Title 20 (Planning and Zoning) of the NBMC, 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 additional traffic, parking, or demand for other services.
2. The variance request is for placement of an accessory structure only, providing a covered area over an outdoor kitchen. The patio cover is open and does not constitute an increase in floor area.
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 Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings as set forth:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding:
1. The Project is accessory to a single-family residential development that complies with applicable residential development standards and was granted a modification in 1985 to allow the development to encroach into the front setback on the western side of the property.
2. The deviation to the north waterside front setback for the accessory structure only allows for a development that is similar and compatible in design, bulk, and scale of the existing single-family neighborhood pattern of development and expected future development on 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 the accessory structure.
4. The Project 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 Project
does not contain any unique features that could degrade the visual quality of the coastal
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zone. The Project is visible from the harbor; however, the Project is designed to be consistent in architectural style with the existing residential development. Further, the
Project will be constructed entirely within private property and does not encroach onto
the tidelands area. 5. The Project is accessory to a single-family residence, which was approved by Coastal Development Permit No. 5-85-651, approved by the California Coastal Commission on
November 21, 1985. The Property fronts the Newport Bay and is a private waterfront
parcel protected by an existing seawall. The Project includes the construction of an approximately 450 square foot patio cover accessory structure open on three sides. The Project does not include changes to the primary residence that would require the preparation of a coastal hazards report and sea level rise analysis.
6. The deviations comply with Subsection 21.52.090(2) (Relief from Implementation Plan Development Standards, Variances) of the NBMC, which allows for waiver or modification of certain standards of the Implementation Plan because of special circumstances including irregular lot location. Due to the unique location of the Property,
the Property is subject to two waterside setbacks and less buildable area than the
majority of lots on Harbor Island. 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. Fact in Support of Finding:
1. The Property is located on Harbor Island between the nearest public road and the sea. Section 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 includes the construction of an approximately 450 square foot patio cover within
the front setback area on the north side of the property fronting Newport Harbor. 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.
Relief from Implementation Plan Development Standards In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standard) of the NBMC, the Planning Commission may approve a waiver to a development
standard of the Implementation Plan only after making all of the following findings:
Finding: I. The Planning Commission has considered the following:
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i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. 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 the construction of an approximately 450 square foot patio cover within a front setback area on the north side of the property, facing
Newport Harbor. The Property is subject to two waterside setbacks due to the unique
location of the lot, which results in less buildable area than other lots on Harbor Island. There are two lots on Harbor Island subject to more than one waterside setback, including the Property. Both of these properties have been granted a deviation (variance or modification permit) from front setback development
standards.
2. The covered patio area provides useable outdoor space for the existing residential development. The design is open and does not add floor area or significant bulk to the existing development. The Project is not visible from the interior of the private
island and is set back approximately 30 feet from the water of Newport Harbor.
3. While the Project is requesting a variance from the front setback to allow a patio cover within the front setback area, the residential development on the Property complies with all applicable development standards as approved by Modification No.
MD3044 and Coastal Development Permit No. 5-85-651.
4. The Project is an approximately 450 square foot covered patio structure located entirely on private property and separated from the existing bulkhead by approximately 30 feet. The Project does not extend into the area designated as
tidelands. The Project is therefore protective of the tidelands and other coastal
resources. 5. Facts in Support of Findings G and H for the Coastal Development Permit above are hereby incorporated by reference.
Finding: J. 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.
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Facts in Support of Finding:
Facts in Support of Finding A for the variance above are hereby incorporated by
reference. Finding:
K. The variance complies with the findings required to approve a coastal development
permit in Section 21.52.015(F) (Coastal Development Permits) of the NBMC. Fact in Support of Finding:
Facts in Support of Findings G and H above are hereby incorporated by reference.
Finding: L. 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 is located on Harbor Island between the nearest public road and the sea.
Section 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 includes the construction of an approximately 450 square foot patio cover within the front setback area on the north side of the property fronting Newport Harbor. 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. Finding:
M. 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.
Facts in Support of Finding:
1. The Project 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 Project
does not contain any unique features that could degrade the visual quality of the coastal
zone. The Project is visible from the harbor; however, the Project is designed to be consistent in architectural style with the existing residential development. Further, the Project is to be constructed entirely within private property and does not encroach onto the County tidelands area.
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Finding:
N. 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:
The Property is located adjacent to the harbor and County tidelands. The Project is accessory to an existing single-family residential development located entirely on private property and does not extend into the County tidelands area. Further, the Project is set
back approximately 30 feet from the harbor. The Project is therefore protective of the
tideland and other coastal resources. Finding:
O. 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. Fact in Support of Finding:
1. Facts in Support of Finding G for the Coastal Development Permit 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 this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15305 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. CD2022-035 and Variance No. VA2022-004, 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 is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
4. 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 Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the
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Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111
through 13120, and Section 30603 of the California Public Resources Code.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF NOVEMBER, 2022. AYES: Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES: None RECUSED: Ellmore
ABSENT: None
BY:_________________________
Lauren Kleiman, Chair
BY:_________________________ Mark Rosene, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. 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 Use Permit.
4. Variance No. VA2022-004 and Coastal Development Permit No. CD2022-035 shall expire
unless exercised within 24 months from the date of approval as specified in Section
20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
5. This Variance and Coastal Development Permit may be modified or revoked by the
Planning Commission should they determine that the uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Variance and Coastal Development Permit or the processing of a new Variance and Coastal Development Permit.
7. 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 the building permits.
8. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division.
9. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
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the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commission, officials, officers, employees, and agents from and against
any and all claims, demands, obligations, damages, actions, causes of action, suits,
losses, judgements, 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 development.
10. Prior to the issuance of a building permit, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
11. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or a storm
drains or results 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.
12. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way. 13. 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 MBTA:
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 of nesting birds, and to determine when it is safe to commence construction activities. If an active
nest is found, one (1) or two (2) short follow-up surveys will be necessary to check
on the nest and determine when the nest is no longer active. 14. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and
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growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance. 15. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout construction activity as designated in the
Construction Erosion Control Plan.
16. 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. 17. Debris from demolition shall be removed from work areas each day and removed from the Project within 24 hours of the completion of the Project. Stockpiles 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. 18. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
19. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit.
20. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning Division. 21. All noise generated by the Project use shall comply with the provisions of Chapter 10.26
and other applicable noise control requirements of the Newport Beach Municipal Code.
The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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22. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
23. 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 Morfontaine Holdings, LLC Residence including, but not limited to, Variance Coastal Development (PA2022-123). 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.
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