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HomeMy WebLinkAboutPA2022-0309_20230427_Resolution_ZA2023-027Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 27, 2023 William Guidero 425 30th Street, Unit 23 Newport Beach, CA 92663 Subject: Coastal Development Permit (PA2022-0309) 1007 Mariners Drive Hawkes Residence Dear Mr. Guidero, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on April 27, 2023 and is now within the required City appeal period until May 12, 2023. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ____________________________ Jenny Tran, Assistant Planner LAW/jt Tmplt:-05/02/17 cc: Timothy and Catherine Hawkes William Guidero 425 30th Street, Unit 23 Newport Beach, CA 92663 01-10-2023 RESOLUTION NO. ZA2023-027 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE- UNIT DWELLING AND CONSTRUCT A NEW SINGLE-STORY, SINGLE-UNIT DWELLING WITH A BASEMENT AND ATTACHED THREE (3)-CAR GARAGE LOCATED AT 1007 MARINERS DRIVE (PA2022-0309) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Guidero, concerning property located at 1007 Mariners Drive and legally described as Lot 55 of Tract No. 4224, requesting approval of a coastal development permit. 2. The applicant proposes the demolition of an existing single-unit dwelling and construction of a new 5,557 square-foot one (1)-story single-unit dwelling with a 2,139 square-foot basement and 851 square-foot three (3)-car garage. The project also includes covered porches, a detached 526 square-foot cabana with a kitchen, bar, and bathroom, a pool, landscaping, hardscaping, and site walls. The subject property is within the Bluff Overlay (Upper Newport Bay Bluffs) District (Bluff Overlay) and is subject to marine erosion. The project complies with all applicable development standards including the Bluff Overlay and no deviations are required. 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1-6000 (Single-Unit Residential) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached – 0.0 – 5.9 DU/AC) and it is located within the R-1-6000 (Single-Unit Residential) Coastal Zoning District. 5. A public hearing was held on April 27, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, 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), California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2023-027 Page 2 of 11 01-10-2023 2. Class 3 exempts the demolition and construction of up to three (3) single-family dwellings in urbanized areas. The proposed project consists of the demolition of one (1) single-family residence and the construction of a new 5,557 square-foot one (1)-story single-unit dwelling with a 2,139 square-foot basement and 851 square-foot three (3)-car garage. 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 Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (NBMC), 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, parking, and Bluff Overlay standards. a. Site coverage is limited to 60 percent (10,195 square-feet) of the 16,993 square- foot lot area. The proposed site coverage is approximately 51 percent (8,654 square-feet), including roof overhangs. b. The proposed development provides the minimum required setbacks, which are 20-feet along the front (bluff) property line, 6-feet along each side property line and 6-feet along the rear property line on Mariners Drive. c. The highest roof ridge is approximately 18 feet, 2 inches from established grade (54.19 feet based on the North American Vertical Datum of 1988 [NAVD88]), which is significantly less than the 29-foot maximum height limitation for a sloped roof. d. The project includes garage parking for a total of three (3) vehicles, complying with the minimum three (3)-car garage parking requirement for single-unit residences with more than 4,000 square feet of habitable floor area. e. Pursuant to the Bluff Overlay Map B-9D - Upper Newport Bay Bluffs, the property is located on a bluff subject to marine erosion. Consistent with the Bluff Overlay standards, the proposed principal dwelling and major accessory structures (including Zoning Administrator Resolution No. ZA2023-027 Page 3 of 11 01-10-2023 swimming pool) are located within Development Area “A” and setback, at a minimum, of 25 feet from the bluff edge. Minor accessory structures not exceeding 12 feet in height are proposed within Development Area B and setback, at a minimum, of 10 feet back from bluff edge. No development is allowed nor proposed within Development Area C. Additionally, Condition of Approval No. 4 requires the removal of any existing improvements located within Development Area “C” that are not explicitly allowed per NBMC Section 21.30.030(C)(3) (21.28.040 Bluff (B) Overlay District). 2. The neighborhood is predominantly developed with one (1)-story, single-unit residences. The proposed single-story design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The finished floor elevation of the proposed single-unit dwelling is 55-feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard for new structures. 4. A Geotechnical Investigation, dated June 14, 2022, was prepared by EGA Consultants for the project and found that the proposed improvements at the site are feasible from a geotechnical standpoint. Based on the findings of the geotechnical investigation, the proposed construction is not expected to impact the stability and safety of the subject site or surrounding properties. The report concludes that as the project site is located adjacent to a descending bluff slope, proper drainage design is of critical importance to the stability of the slope and shall be designed by a Licensed Civil Engineer. 5. The property is 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 before 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 California Building Code (CBC) before building permit issuance. 6. Pursuant to Section 21.30B.020 -Initial Site Resource Survey, a biological assessment was completed on February 13, 2023, by Hamilton Biological Inc. The report found that the property is completely developed and does not support any natural plant communities. Additionally, no listed or otherwise sensitive species were observed during the field visit. The assessment also found that the Northern Harrier is expected to fly over the site occasionally and the Yellow Warbler is expected to pass through the property regularly during migration, although no suitable nesting habitat was found on site. Recommendations were made to avoid impacts to actively nesting birds and Condition No. 6 is included to ensure compliance with the recommendation of the report including a pre-construction survey conducted by a biologist for the presence of nesting birds. a. The report confirms that the subject property does not include areas that are considered environmentally sensitive habitat areas (ESHA) pursuant to Section 21.30B.030- Environmentally Sensitive Habitat Areas of the NBMC. However, there is a mapped Environmental Study Area (ESA) down slope of Zoning Administrator Resolution No. ZA2023-027 Page 4 of 11 01-10-2023 the property that is approximately 55 feet and 40 feet of Development Areas “A” and “B”, respectively where development is allowed. The ESA represents a potential ESHA, although the quality of the habitat is marginal due to invasion by non-native plants and there does not appear to be suitable habitat for the California gnatcatcher, a federally threatened species. The report states that the required ESHA buffer is 50-feet (Section 21.30B.030(D)(1)) of the NBMC), where the existing condition ranges from approximately 20 to 40 feet to Development Area “B”. However, given the existing pattern of development along the top of the bluff, the somewhat degraded condition of habitat and low likelihood of special-status wildlife species occurring adjacent to the property, the report concludes that a narrower ESHA buffer would be amply protective of the biological integrity of the ESHA. b. The report recommends that the existing non-native vegetation such as the invasive Algerian Ivy, should be removed and replaced with appropriate, locally native plants that are approved for fuel modification zones. Condition of Approval No. 8 requires removal and replacement of non-native plants. c. The report concludes that through implementation of mitigation identified in the report, ESHA will not be significantly degraded or disrupted by the proposed development and that development will be compatible with the continuance of the resources. Mitigation is included as Conditions of Approval Nos. 6 and 8. 7. Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to agree with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). This requirement is included as a condition of approval that will need to be satisfied before the final building permit inspection, respectively. 8. The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). This requirement is included as a condition of approval that will need to be satisfied before the issuance of building permits, respectively. 9. Under Section 21.35.050 of the NBMC, 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. A WQMP has been prepared for the project by Thomas M. Ruiz of Forkert Engineering & Surveying, Inc. dated, January 23, 2023. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. 10. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features Zoning Administrator Resolution No. ZA2023-027 Page 5 of 11 01-10-2023 designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 11. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 12. The project site is located approximately 150 feet south of a designated public viewpoint as identified in the Coastal Land Use Plan. The viewpoint sits at the end of the cul-de-sac of Mariners Drive and offers public views to the north, east, and southeast of the Upper Newport Bay. The project site is the second property to the south of the viewpoint and is situated within an existing neighborhood which obscures any historic views to the south of the Upper Newport Bay. The project will replace an existing single-family residence with a new single-family home. Furthermore, the residence has been designed to be single-story with 2,139-square-feet of the total 8,547 square feet of the dwelling located below grade within the basement level. The highest ridge of the single-story home is 18-feet, 2-inches above the established grade which is almost 11-feet lower than the allowable height of 29- feet for sloped roofs in the R-1-6000 coastal zoning district. The project’s design ensures that the residence will be no more visible from the Upper Newport Bay than the surrounding neighborhood and will not degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Lastly, the site is located within a distant viewshed of the viewpoints located across from the Back Bay. The design of the project is sufficiently setback from the bluff edge and Condition of Approval No. 4 requires all existing development in Development Area C to be removed to bring the site into compliance. 13. The subterranean basement is designed entirely in Development Area A in conformance with Section 21.28.040(E). The basement is located within a relatively flat area of the site and approximately 50-feet from the bluff. The adjacent property at 1015 Mariners Drive is currently under construction with an approved design that includes a 4,140- square-foot first floor and a 1,755-square-foot basement. 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 project site is located between the nearest public road and the sea or shoreline along the Upper Newport Bay Bluffs. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) 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 replaces an existing single-unit residence located on standard R-1-6000 lot with a new single-unit residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project Zoning Administrator Resolution No. ZA2023-027 Page 6 of 11 01-10-2023 is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. The project site does provide vertical or lateral access points to any bay or beach area including the Upper Newport Bay. The project site is on Mariners Drive that is accessed from Galaxy Drive which does not provide direct access to the Upper Newport Bay. The project does not include any features that would obstruct any access to the Upper Newport Bay or other public areas. 3. Fact 12 in support of Finding A is incorporated here by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit, subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Program (LCP) 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 (Appeal to the Coastal Commission) 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 27TH DAY OF APRIL, 2023. Zoning Administrator Resolution No. ZA2023-027 Page 7 of 11 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL 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. Prior to final building permit inspection, 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. 3. Prior to issuance of building permits, 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 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 development. This letter shall be scanned into the plan set before building permit issuance. 4. Prior to issuance of building permits, any existing improvements (such as hardscape, fencing, etc.) within Development Area C shall be removed and revegetated with native plants to the extent feasible. No development is allowed within Development Area “C” of the Bluff Overlay. 5. Prior to issuance of building permits, project plans shall be updated to demonstrate the swimming pool includes double wall construction with subdrains between the walls and leak detection devices or an equivalent method approved by the Building Division. 6. 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 under 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 Zoning Administrator Resolution No. ZA2023-027 Page 8 of 11 01-10-2023 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, the applicant shall hire a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. C. Once vegetation removal is complete, the applicant shall submit a final report prepared by a qualified biological monitor to the Director of Community Development verifying that vegetation removal did not disrupt the nesting of any protected bird species. 7. The final project plans shall incorporate and comply with the Recommendations of the Geotechnical Evaluation by EGA Consultants dated June 14, 2022. 8. At such time as directed by the City, State of California and/or the United States Fish and Wildlife (USFW) agency, the applicant shall agree to and cooperate with all applicable agencies for the removal of non-native species such as Algerian Ivy within the vicinity of the property and replacement with appropriate local native plants that are approved for fuel modification zones. The “vicinity” of the property shall be defined in this condition as the buffer area between the Development Area “B” on the subject property and the mapped ESA area, which ranges from approximately 20 to 40 feet. The owner shall only be responsible for the buffer area that is located within the prolongation of the side property lines. 9. 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 storm drains or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 10. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 11. 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. 12. 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. 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. Zoning Administrator Resolution No. ZA2023-027 Page 9 of 11 01-10-2023 13. 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. 14. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 15. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 16. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused by the revocation of this Coastal Development Permit. 17. 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 are detrimental to the public health, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 18. Prior to issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 19. Prior to issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 20. Prior to issuance of 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. 21. Prior to issuance of building permits, the applicant shall submit a final 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. The plans shall conform with NBMC Section 21.30.030(C)(3) (Natural Landform and Shoreline Protection), 21.28.040 (Bluff (B) Overlay District), and 21.30.075 (Landscaping). 22. All landscape materials and irrigation systems shall be maintained by 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. 23. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved Zoning Administrator Resolution No. ZA2023-027 Page 10 of 11 01-10-2023 CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays, or Holidays. 25. All noise generated by the proposed 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 periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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 26. Prior to issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 27. 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 the current property owner or agent. 28. This Coastal Development Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 29. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Hawkes Residence including but not limited to, Coastal Development Permit (PA2022-0309). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions Zoning Administrator Resolution No. ZA2023-027 Page 11 of 11 01-10-2023 outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.