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ATTACHMENT 8 Attachment 8 Draft Conditions of Approval for Option 1 Appeal of P11-0664 3642 Carlsbad Way 4. The fencing shall conform substantially to the elevation and site plans, marked Exhibit B, dated "Received August 18, 2011," on file at the Planning Division. Minor changes to the plans may be allowed subject to the approval of the Zoning Administrator if found to be in substantial conformance to the approved exhibits. 5. The applicant shall reduce the height of the rear yard fencing to match the height of the existing rear yard fencing at 3656 Carlsbad Way. 6. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim (including claims for attorneys fees), action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 7. All site improvements and construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. All construction equipment must meet DMV noise standards and shall be equipped with muffling devices. No construction activities shall be allowed on Federal holidays. 8. All appropriate City permits for the existing fencing shall be obtained within 30-days of this approval.