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HomeMy WebLinkAbout20200423_Resolution_PC2020-011 & PC2020-012Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 8, 2020 MConsensus Marice DePasquale marice@mconsensus.com Subject: The Crab Cooker Signage and Encroachments (PA2019-126) ▪ Comprehensive Sign Program No. CS2019-006 ▪ Modification Permit No. MD2020-003 ▪ Encroachment Permit No. N2019-0361 Dear Marice, It was a pleasure working with you on the above referenced application. Please be advised that the subject applications were approved by the Planning Commission on April 23, 2020 and effective on May 8, 2020. Copies of the approved resolutions with findings and conditions are attached. If you have any questions, please do not hesitate to contact me directly. Thank you and we look forward to working with you again in the future. Sincerely, Benjamin M. Zdeba, AICP Senior Planner cc: The Crab Cooker Restaurant James Wasko jw@crabcooker.com City of Newport Beach Public Works Department David Keely dkeely@newportbeachca.gov RESOLUTION NO. PC2020-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2019-006 AND MODIFICATION PERMIT NO. MD2020-003 TO ESTABLISH A COMPREHENSIVE SIGN PROGRAM, AND TO DESIGNATE A HERITAGE SIGN FOR THE CRAB COOKER RESTAURANT LOCATED AT 2200 NEWPORT BOULEVARD (PA2019-126) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James Wasko of The Crab Cooker Restaurant ("Applicant"), with respect to property located at 2200 Newport Boulevard, and legally described as Lots 15 and 16 of Tract No. 814, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in the Office of the County Recorder of said County ("Property"), requesting approval of a comprehensive sign program and a modification permit, as well as the designation of a heritage sign. 2. The Applicant proposes to establish a comprehensive sign program for the reconstructed "Crab Cooker" restaurant building that would allow for replacement of most of the signage that was existing prior to its demolition. This proposal requires approval of a modification permit to allow an increase in maximum cumulative sign area over what is allowed by Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"). The previously existing rooftop "Don't Look Up Here" fish-shaped sign is proposed to be refurbished, reinstalled and designated as a heritage sign ("Project"). 3. The Property is designated Mixed Use Water Related ("MU-W2") by the General Plan Land Use Element and is located within the Mixed-Use Water Related ("MU-W2") Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water ("MU-W') and it is located within the Mixed-Use Water Related ("MU- W2") Coastal Zone District under NBMC Title 21 (Local Coastal Program Implementation Plan). Coastal Development Permit No. CD2017-069 was approved by the Zoning Administrator on November 16, 2017, and was made effective on December 27, 2017, to allow for both the reconstruction and continued operation of The Crab Cooker. The proposed replacement signage is appurtenant to the approved use of the structure and is an integral part of the Project; therefore, a new coastal development permit is not required. 5. A public hearing was held on April 23, 2020, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. PC2020-011 Page 2 of 11 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory 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 11 allows for the construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. The Project only includes signage, which is accessory to the restaurant building that is currently under construction. 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. Comprehensive Sign Program In accordance with NBMC Section 20.42.120(E) (Comprehensive Sign Programs -Standards), the following standards and facts in support of such standards are set forth: Standard: A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20. 42], any adopted sign design guidelines, and the overall purpose and intent of this Section [Section 20.42. 120 -Comprehensive Sign Program]. Facts in Support of Standard: 1. The Project complies with the purpose of NBMC Chapter 20.42 (Sign Standards) because it provides the Applicant with the opportunity to re-establish and preserve The Crab Cooker's previously existing character. It further encourages retaining the design of signage that is complementary to the longstanding use of the Property. 2. The Project provides a mechanism for regulating the type, size, location, quantity, and illumination of signs. A condition of approval limiting illumination has been included in this sign program. Additionally, a condition of approval requiring subsequent approval of a building permit prior to the installation of any signs has been included to ensure signs are installed per the approved plans. 01-25-19 Planning Commission Resolution No. PC2020-011 Page 3 of 11 3. All signage is designed to effectively identify the use by using legible text that contrasts with the background it is placed upon. This is consistent with the adopted Citywide Sign Design Guidelines. 4. The size and location of signs have been selected to mirror the previously existing signage. They are intended to replicate the look of the previously existing structure, which was involuntarily damaged beyond simple repair. Standard B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and/or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: 1. The Property is currently being developed with a two-story restaurant building. All signs relate visually to each other by keeping a single unified theme while retaining the former look and branding. 2. The surrounding development along Newport Boulevard and Balboa Boulevard is predominantly commercial uses within multi-tenant buildings. The surrounding signage is eclectic and includes the use of wall, roof, pylon, window, awning and monument signs. The Project will not appear out of place and is harmonious with surrounding development and signage. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Fact in Support of Standard 1. The Project addresses all Project signage. Temporary and exempt signs not specifically addressed in the Comprehensive Sign Program shall be regulated by the provisions of NBMC Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Fact in Support of Standard: 1. While the Project has been designed to replicate the signage that was previously existing on the demolished building, it includes enough flexibility to be effective for future changes in use or tenant. Should any minor changes be necessary, the Community 01-25-19 Planning Commission Resolution No. PC2020-011 Page 4 of 11 Development Director may approve minor revisions if the intent of the original approval is not affected. Standard: E. The program shall comply with the standards of this Chapter [Chapter 20.42], except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter [Chapter 20.42]. Facts in Support of Standard: 1. The Project allows for deviations with regard to the number of signs for a single-tenant building. The total number of signs is reasonable in order to preserve previously existing tenant identification while integrating all new signage, as a unified statement for the restaurant. 2. Allowing the deviation from the requirement that wall signs be located in the middle 50 percent of a frontage complements the architecture of the building, promotes a visually appealing pattern for sign placement, and increases the visibility of signage to users traveling along Newport Boulevard. 3. Allowing the deviation that signs located on adjacent walls of the same building must be separated by a distance of 30 feet is appropriate given the length of the primary and secondary frontages of the Property. The signs will be visible to both pedestrian users and motorists on Newport Boulevard. The signage on the 22 nd Street frontage would be especially difficult to see if it maintained the required separation; thus, making identification of the building more difficult. Standard: F. The approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter [Chapter 20.42]. Facts in Support of Standard: 1. The Project includes the designation of a previously existing rooftop sign, as a heritage sign. All Facts in Support of Criteria M and N below are hereby incorporated by reference. 2. The Comprehensive Sign Program does not authorize new prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. 01-25-19 Fact in Support of Standard: Planning Commission Resolution No. PC2020-011 Page 5 of 11 1. The Project contains no regulations affecting sign message content. Modification Permit In accordance with NBMC Section 20.52.050(E) (Modification Permits -Required Findings), the following findings and facts in support of such findings are set forth: Finding: H. The requested modification will be compatible with existing development in the neighborhood; Facts in Support of Finding: 1. The Property is located in the heart of the Balboa Peninsula at the corner of 22 nd Street and Newport Boulevard. One-and two-story nonresidential buildings that have a wide variety of sign types surround the Project. The heart of the historic Mc Fadden Square entertainment hub is across Newport Boulevard to the west. 2. The Project would allow replacement of previously existing signage, which was integral to the character and charm of The Crab Cooker. Given the previous building and signage had been in place for over 50 years, implementation of the Project will result in a new structure that retains the same look and does not appear out of character with the surrounding area. 3. The proposed signage would maintain the same character and remain compatible with surrounding signage, but will be more conforming to the current standards for signage as it will be in good repair with improved energy efficiency. Finding: I. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use; Facts in Support of Finding: 1. The proposed replacement signage is necessary to maintain and promote the historic character of the Property. It will further continue to identify the traditional use of the tenant space as a restaurant. 2. The building is constructed from property line to property line with approximately 150 feet of overall frontage. Not allowing an increased amount of sign area would detract from its visual interest and would further hinder re-establishment of restaurant's iconic look. 01-25-19 Finding: Planning Commission Resolution No. PC2020-011 Page 6 of 11 J. The granting of the modification is necessary due to the practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; Facts in Support of Finding: 1. The purpose and intent of NBMC Chapter 20.42 (Sign Standards) includes protection and enhancement of the City's unique character and aesthetic standards, promoting tourism through enhanced aesthetic appeal, and preseNation and enhancement of the community's appearance. Additionally, sign standards provide each user an opportunity for adequate identification while guarding against excessive signs. Strict application of the Zoning Code would prohibit the replacement of character-defining features at a prominent corner building on the Balboa Peninsula. While conforming signs are possible through strict application of the sign standards, said application would not allow replacement of the previously existing signage for the restaurant. 2. Signage helps create a sense of identity for an area. Not allowing the Project may result in a loss of character, which is not in accordance with the spirit and intent of NBMC Chapter 20.42. 3. All signage that was previously existing on the demolished structure was installed prior to the adoption of sign standards in the NBMC and was, therefore, mostly nonconforming. Involuntary damage occurred to the structure requiring unanticipated reconstruction. The Applicant intends to recreate the look and feel of the former structure. Strict application of NBMC Chapter 20.42 would hamper this effort by eliminating several signs that were integral to the overall branding. Finding: K. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and Facts in Support of Finding: 1. Limiting the replacement of the signage on the building, which was involuntarily damaged, would not capture the character of the restaurant, which is an iconic establishment for residents and visitors alike. 2. All Facts in Support of Findings I and J are hereby incorporated by reference. Finding: L. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result 01-25-19 Planning Commission Resolution No. PC2020-011 Page 7 of 11 in a change in density or intensity that would be inconsistent with the provisions of the Zoning Code. Facts in Support of Finding: 1. The previously existing nonconforming signage was in place for over 50 years and had not proven detrimental. 2. The size of the signage is within scale of the signs in the surrounding area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. 3. Project approval will not result in a change in intensity or density of the existing restaurant. 4. The new signage will be designed and fabricated of new, rust-resistant materials and affixed to fa9ade of the building in accordance with the Building Code. Heritage Sign Designation In accordance with NBMC Section 20.42.1 S0(C) (Heritage Sign Criteria), the following criteria and facts in support of such criteria are set forth: Criterion: M. The sign was erected or created at least thirty-five (35) years ago and is either representative of a significant sign-making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history; Facts in Support of Criterion: 1. Based on evidence presented by the Applicant, the fish-shaped "Don't Look Up Here" sign was erected over 50 years ago. It represents an iconic, longstanding restaurant that has been integral to the fabric of the Mc Fadden Square area as an entertainment hub. 2. Using a sign shape that relates to the type of business upon which the sign is placed, such as a fish for a fish market and seafood restaurant, is representative of a more historic and nostalgic sign-making technique that is less frequently used today. Criterion: N. The sign is visually significant in at least two of the following regards: 01-25-19 1. The sign possesses a uniqueness and charm because it has aged gracefully; 2. The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way; Planning Commission Resolution No. PC2020-011 Page 8 of 11 3. The sign complements its architectural surroundings or is particularly well integrated into the structure; or 4. The sign is an inventive representation of the use, name, or logo of the building or business. Facts in Support of Criterion: 1. The sign is in the shape of a fish, which uniquely identifies the restaurant, and serves as a visual landmark for its patrons. 2. The Applicant carefully removed and preserved the sign during the demolition and reconstruction on the Property. It will be refurbished, but not refabricated, such that its original charm is maintained. 3. The fish-shaped sign will remain as an inventive representation of the use as a fish market and seafood restaurant, which has served residents and visitors for over 50 years. 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 15311 under Class 11 (Accessory 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Planning Commission of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2019-006 and Modification Permit No. MD2020-003, and designates the fish-shaped "Don't Look Up Here" sign as a heritage sign, 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 Newport Beach Municipal Code. 01-25-19 Planning Commission Resolution No . PC2020-011 Page 9 of 11 PASSED, APPROVED, AND ADOPTED THIS 2JRD DAY OF APRIL, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey , Rosene, and Weigand. NOES : ABSTAIN : ABSENT: 01-2 5-19 Planning Commission Resolution No. PC2020-011 Page 10 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 1. All proposed signs shall be in substantial conformance with the approved plans and provisions of NBMC Chapter 20.42, unless otherwise indicated in the following conditions. 2. The fish-shaped "Don't Look Up Here" sign shall be maintained in accordance with NBMC Section 20.42.180 (Heritage Signs) and shall not be removed for any reason once installed. If it is removed, then the heritage sign designation shall be revoked. 3. Anything not specifically approved by this Comprehensive Sign Program is subject to subsequent review and approval by the Planning Division. 4. A building permit shall be obtained prior to commencement of installation of the signs. 5. A copy of this Resolution, including Exhibit "A" shall be incorporated into the plan check sets of plans prior to issuance of building or sign permits. 6. Illuminated signs shall be regulated in accordance with the provisions of NBMC Section 20.42.060(H). If, in the opinion of the Community Development Director, existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 7. Prior to final of the building permit, the Applicant shall schedule a nighttime lighting inspection with the City's Code Enforcement Division. 8. The maximum letter and/or logo height shall be 36 inches. 9. There shall be no exposed electrical raceways as they should be integrated into the design of the sign to the greatest degree possible. 10. Signs shall be maintained in a clean and orderly condition. 11. The Community Development Director may approve revisions to the Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require approval of a new/revised comprehensive sign program. 12. Any future revisions or changes to the signs approved by this Comprehensive Sign Program due to a change in the use or tenants of the building shall be reviewed and approved by the Planning Division, so long as the sign size, copy configuration, and number of signs authorized by this approval does not substantially change or increase. The mandatory reduction or elimination of signs shall be exercised as necessary. 01-25-19 Planning Commission Resolution No. PC2020-011 Page 11 of 11 13. The Planning Commission may add to or modify conditions of this approval, or revoke this approval upon a determination that any sign that is authorized by this approval has been altered beyond the parameters of the authorization and therefore beyond the justification. 14. 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 NBMC Title 20 Planning and Zoning. 15. 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 Crab Cooker Sign Signage and Encroachments including, but not limited to, Comprehensive Sign Program No. CS2019- 006 and Modification Permit No. MD2020-003 (PA2019-126). 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. 01-25-19 RESOLUTION NO. PC2020-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2019-0361 FOR A REQUEST TO RECONSTRUCT AND REFURBISH PERMANENT IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 2200 NEWPORT BOULEVARD (PA2019-126) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James Wasko of The Crab Cooker Restaurant ("Applicant and Owner"), with respect to property located at 2200 Newport Boulevard, and legally described as Lots 15 and 16 of Tract No. 814, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in the Office of the County Recorder of said County ("Property"), requesting a waiver of City Council Policy L-6 (Encroachments in the Public Right-of-Way) ("Policy") and approval of an encroachment permit. 2. The Applicant and Owner requests to reconstruct benches that encroach up to 15 inches into the 22 nd Street public right-of-way and to refurbish a freestanding clock that encroaches up to 8 feet, 6 inches into the Newport Boulevard public right-of-way ("Project"). 3. The requested encroachments are not specifically listed within the Policy; therefore, the request is considered as private encroachments that are prohibited without a waiver and approval under Section A of said Policy. Due to this prohibition, the requested encroachment may only be approved through a waiver of the Policy and approval of an encroachment permit by Planning Commission. 4. A public hearing was held on April 23, 2020, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 and 15311 (Class 3 [New Construction or Conversion of Small Structures] and Class 11 [Accessory Structures]) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2020-012 Page 2 of 4 2. The Project is the construction of small private encroachments within the public right-of- way that do not comply with the Policy and are accessory to the primary structure and use of the Property as a restaurant. 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. In accordance with the Policy, the following findings and facts in support of such findings are set forth: Finding: A. The proposed permanent improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. The reconstructed and refurbished permanent private improvements will not hinder the present or future use of the public right-of-way, including any utilities. The existing utilities located within the encroachment area are not impacted. 2. The reconstructed and refurbished permanent improvements will not diminish the present or future right of the public. Finding: B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: 1. The Project will still maintain adequate pedestrian access to Newport Boulevard and 22 nd Street sidewalks, as well as the Arcade area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby waives the Policy and approves Encroachment Permit N2019-0361, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. Planning Commission Resolution No . PC2020 -012 Page 3 of 4 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning . PASSED, APPROVED , AND ADOPTED THIS 23RD DAY OF APRIL , 2020. AYES : Ellmore , Klaustermeier , Kleiman, Koetting , Lowrey, Rosene , and Weigand . NOES : ABSTAIN: ABSENT: Planning Commission Resolution No. PC2020-012 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL 1 . The Project shall be in substantial conformance with the approved site plan 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 and Owner 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 Encroachment Permit and any associated Encroachment Agreements. 4. The Applicant and Owner shall enter into an encroachment agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. 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 Crab Cooker Encroachment Permit for the property located at 2200 Newport Boulevard, Newport Beach, California, including, but not limited to, Encroachment Permit No. N2019-0361. 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.