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HomeMy WebLinkAbout03_Engstrom Residence Coastal Development Permit_PA2017-025 COMMUNITY DEVELOPMENT DEPARTMENT U N6PLANNING DIVISION e� 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 cq<<FOR�vP 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 15, 2017 Agenda Item No. 3 SUBJECT: Engstrom Residence Coastal Development Permit (PA2017-025) SITE LOCATION: 4106 River Avenue • CDP No. CD2017-009 APPLICANT/OWNER: Sharon Engstrom PLANNER: Chelsea Crager, Assistant Planner 949-644-3227 ccrager@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Coastal Land Use Category: RT (Two-Unit Residential) • Coastal Zoning District: R-2 (Two-Unit Residential) • General Plan Land Use Category: RT (Two-Unit Residential) • Zoning District: R-2 (Two-Unit Residential) PROJECT SUMMARY A request for a coastal development permit (CDP) for the demolition of an existing single- family residence and attached garage and the construction of a new 29-foot, 3,571 square-foot single-family residence with an attached garage. The development also includes hardscape, drainage, and landscaping. The proposed residence complies with all applicable development standards including height, setbacks and floor area limits. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2017-009 (Attachment No. ZA 1). 1 Engstrom Residence CDP Zoning Administrator, June 15, 2017 Page 2 DISCUSSION Land Use and Development Standards • The subject property is located in the R-2 Coastal Zoning District, which is consistent with the City's Coastal Land Use Plan, General Plan Land Use Category and Zoning Code. These designations allow for single-family residential development. The property is located within the appeal area providing the possibility for a final action to be appealed to the California Coastal Commission. Additionally, a waiver for De Minimis Development cannot be issued because the site is within the appeal area. • The subject property is developed with a single-family home on a lot designated for residential development. • The neighborhood is predominantly developed with two- and three-story single- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. • The proposed development conforms to all applicable development standards, including floor area limit, setbacks, height, and off-street parking as illustrated in Table 1 below. Table 1 — Development Standards WN Development Standard Standard Proposed Setbacks min. Front River Ave. 4 feet 4 feet Front water 20 feet 20 feet Sides 3 feet 3 feet Allowable Floor Area 3,648 square feet 3,571 square feet Allowable 3rd Floor Area 365 square feet 360 square feet Open Space 274 square feet 274 square feet Parking 2-car garage 2-car garage Height 24 feet flat roof 24 feet 29 feet sloped roof 29 feet Hazards Pursuant to Municipal Code Section 20.30.015(E)(2), a Coastal Hazards Report has been prepared and concluded that due to the existing protective device (bulkhead), the subject property impacts from wave run-up, high-tide conditions, storm waves and sea level rise are not anticipated. The proposed development complies with the minimum 9.00 (NAVD88) finished floor elevation. Tmplt 01/17/17 Engstrom Residence CDP Zoning Administrator, June 15, 2017 Page 3 • Pursuant to Municipal Code Section 20.30.15(E)(3), a Bulkhead Conditions Report has been prepared and concluded that as a part of the proposed development, it is necessary that the seawall be repaired/reinforced in order to comply with the City of Newport Beach Building Division requirements and to protect the existing development. Once reinforced, no additional repair or replacement of the seawall shall be anticipated for the next 75 to 100 years. • The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and the Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. Public Access • The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. • The project site is located within a block of residences that have existing frontages on the shoreline and redevelopment will not affect public recreation, access, or views. • The residential lot does not currently provide nor inhibit public coastal access. The proposed is located approximately 300 feet from the public beach and access points are provided at several street ends along River Avenue. Water Quality • The property is located within 100 feet of coastal waters. Pursuant to Municipal Code Section 21.35.030, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMP's) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived construction chemicals and materials. A CPPP has been reviewed and approved by the City's Engineer Geologist. Construction plans and activities will be required to adhere to the approved CPPP. • Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. The WQHP has been reviewed and approved by the City's Engineer TmpIC 01/17217 Engstrom Residence CDP Zoning Administrator, June 15, 2017 Page 4 Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMP's, use of an LID approach to retain the storm runoff volume onsite, and documentation of the expected effectiveness of the proposed BMP's. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. ENVIRONMENTAL REVIEW This project is 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, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is a new single- family residence located in the R-2 Coastal Zoning District. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: 04wH 4�C Chelsea Crager, As� tant Planner GBR/cc Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmp1[:01/17217 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-009 FOR A NEW SINGLE UNIT RESIDENCE LOCATED AT 4106 RIVER AVENUE (PA2017- 025) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sharon Engstrom, with respect to property located at 4106 River Avenue and legally described as Lot 4, Block 241, Tract 164, requesting approval of a Coastal Development Permit. 2. The applicant proposes the demolition of an existing single-family residence and attached garage and the construction of a new 29-foot, 3,571 square-foot single-family residence with an attached garage. The development also includes hardscape, drainage, and landscaping. The proposed residence complies with all applicable development standards including height, setbacks and floor area limits. 3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential—20.0-29.9 DU/AC (RT-E)and the Coastal Zoning District is Two-Unit Residential (R-2). 5. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), 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 proposed project is a new single-family residence located in the R-2 Coastal Zoning District. Zoning Administrator Resolution No. ZA2017-### Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 3,648 square feet and the proposed floor area is 3,571 square feet. b. The proposed development complies with the required setbacks, which are 4 feet along the front property line adjacent to River Avenue, 3 feet along each side property line and 20 feet along the front property line adjacent to the water. c. The highest guardrail/parapet is less than 24 feet from the established grade and the highest ridge is 29 feet from established grade. The proposed development complies with all height requirements. d. The proposed development includes less than 4,000 square feet of livable floor area, a two-car garage is required. The proposed development provides a compliant two-car garage. 2. Pursuant to Section 21.20.15(E)(2), a Coastal Hazards Report has been prepared and concluded that due to the existing protective device (bulkhead) at the site, the subject property impacts from wave run-up, highOtide conditions, storm waves and sea level rise are not anticipated. The proposed development complies with the minimum 9.00 (NAVD88) finished floor elevation. 3. Pursuant to Municipal Code Section 21.20.15(E)(3), a Bulkhead Conditions Report has been prepared and concluded that as a part of the proposed development, the seawall will be repaired/reinforced in order to comply with the City of Newport Beach Building Division requirements. Once reinforced, no additional repair or replacement of the seawall is anticipated for the next 75 to 100 years. 01-03-17 Zoning Administrator Resolution No. ZA2017-### Page 3 of 7 4. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 5. The property is located within 100 feet of coastal waters. Pursuant to Municipal Code Section 21.35.030, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMP's) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived construction chemicals and materials. A CPPP has been reviewed and approved by the City's Engineer Geologist. Construction plans and activities will be required to adhere to the approved CPPP. 6. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. The WQHP has been reviewed and approved by the City's Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMP's, use of an LID approach to retain the storm runoff volume onsite, and documentation of the expected effectiveness of the proposed BMP's. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. 7. Proposed landscaping complies with Implementation Plan Section 21.30.075. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. Finding: B. 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 existing residential lot does not currently provide nor inhibit public coastal access. The proposed development will remain within the existing residential lot. The property is located approximately 300 feet from the public beach and access points are provided at several street ends along River Avenue. 2. The property is not located near Public View Points or Coastal View Roads, as designated in the Coastal Land Use Plan, and will not impact public coastal views. 01-03-17 g Zoning Administrator Resolution No. ZA2017-### Page 4 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-009, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator Nib, 01-03-17 9 Zoning Administrator Resolution No. ZA2017-### Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 3. 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 including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. A case is pending before the California Supreme Court (Lynch v. California Coastal Commission (2014) 229 Cal.AppAth 658), which may affect this condition. If the Court finds the California Coastal Commission is unable to limit future shoreline protection, this condition shall be null and void without further action by either party. 4. 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 the City from such hazards, and to indemnify 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 development. 5. Prior to the issuance of the building permits, the approved CPPP and WQHP shall be submitted with the building permit plans. Implementation shall be in compliance with the approved CPPP and WQHP and any changes could require separate review and approval by the Building Division. 6. Coastal Development Permit No. CD2017-009 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 01-03-17 10 Zoning Administrator Resolution No. ZA2017-### Page 6 of 7 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed 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. 10. Prior to issuance of the building permits, a copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development 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 Coastal Development Permit. 12. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 13. 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 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. 14. 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, wetland or their buffers. 15. Best Management Practices (BMP's) and Good Housekeeping Practices (GHP's) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 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 01-03-17 22 Zoning Administrator Resolution No. ZA2017-### Page 7 of 7 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 site within 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. 18. 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. 19. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. 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. 21. 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 21 Planning and Zoning of the Newport Beach Municipal Code. 22. 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 Engstrom Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-009 (PA2017-025). 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, attomeys' 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. 01-03-17 12 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP Irk- xi m � 1 �Y i 9 !i 001 u Coastal Development Permit No. CD2017-009 PA2017-025 4106 River Avenue :L4 Attachment No. ZA 3 Project Plans 15 _ PA2017-025 Sou Co Region LOT AREA LALLULATIONS JAI 6 2617 It'��. f�� AREA L,A1_L�JLATIONS CO TAL CO �$SiCt�1 I v:v�n li I i eoa� 1 1 eat .tea re� I i s I { ir�ll mm oo I �P- LLJ O-44 oam pp � MAIN FLOOR PLAN >rz.°w'i rbs,a. re.rtwe SALE:1/4'=I'-O` ,a 16� I > �o Lu I; w o0 woo nil I � m. ---- --=-------- ------- -- .gym. 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R J Q $R L'W Cop c2vK ml Q nglg s" nP oaM ffi19(Kmor p � N.M.aro L � Al FluLU m � l� naeesmE iwoo ,i.. 2 .., a`G Z V o c a>Fl.� ais'o� S G V epi 604 m >m`� 0 CC 2 a p co: d z z G� �1 PA2017-025 LOT AREA GAL^ULATIONS� — 3 I ...wW..m�v�,�.,•:.i _y,a •aePo.•iosspxr:..',serce aeo� _J n�Q m�avvanaxe .rr. m. I � � I AREA cALCJLArIONS� _ 1 ® rout- LvIN9rrvu. rr. OPEN 5 A6E IE ^ I ❑ � UPPER FLOOR AREA GALL. PLAN scsaF�va�.r-a• �� { Iib SO. FT. OPEN SPA:,E P 1,54L_�5Q. F . x ,� ��LIVING c FT. CHASE ` 47 G2. FT. LIVING p S I 0 Z MAIN FLOOR AREA GALL. PLAN zu.e.iia•,rb• Q 105 OPEN IL z -JD SPADE nn Q LJ` l� I Q 4 lu r--� 1,259 SQ. FT. k Q 405 SO. FT. LIVING onre '- GARAGE a O16 55 OP N§ — PAG 9 I I LOWER FLOOR AREA GAL— PLAN flC 22 Zoning Administrator-June 15,2017 ITEM NO.3a-ADDITIONAL MATERIALS RECEIVED Engstrom Residence CDP(PA2017-025) Zoning Administrator Resolution No. ZA2017-##!## t Page 7 of 7 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 site within 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. 18. 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. 19. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. 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. 21. 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 21 Planning and Zoning of the Newport Beach Municipal Code. 22. 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 Engstrom Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-009 (PA2017-025). 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. 22-.23. The existing sea wall shall be raised to a minimum of 10.00 MLLW in compliance with The City of Newport Beach Waterfront Project Guidelines and Standards unless otherwise approved by the Public Works Department. 01-03-17