HomeMy WebLinkAbout07_Real Food Companies Minor Use Permit_PA2022-109CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 16, 2023
Agenda Item No. 7
SUBJECT: Scratch Bakery Café Alcohol License (PA2022-109)
▪Minor Use Permit
SITE LOCATION: 561 Newport Center Drive
APPLICANT: Real Food Companies
OWNER: The Irvine Company, LLC
PLANNER: Oscar Orozco, Assistant Planner
949-644-3219 or oorozco@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CR (Regional Commercial)
•Zoning District: PC56 (North Newport Center)
PROJECT SUMMARY
A request for a minor use permit for an existing eating and drinking establishment, Scratch
Bakery Café, to operate with a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control (ABC) license. The café is located within the Fashion Island mall and operates an
accessory outdoor dining patio within an adjacent common area. The request does not
include any physical changes to the existing establishment. The hours of operation will
remain from 7am to 9 pm, daily.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving the minor use permit
(PA2022-109) (Attachment No. ZA 1).
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DISCUSSION
• A bakery was initially established within the tenant space in 2010 as “Pain Du
Monde” in 2010. In 2021, Scratch Bakery Café began operations by taking over
the existing bakery. The café operates from 7am to 9 pm, daily and operates an
accessory outdoor dining patio within an adjacent common area. The gross floor
area of the café is 2,632 square feet, the net floor area is 2,251 square feet and
the outdoor patio area is 378 square feet. The site map and floor plan are available
for reference as Attachment No. ZA 4.
• The request is to obtain a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control (ABC) License. The primary intended use of the license will be to serve
mimosas, spritzers, wine, and beer as part of a planned expansion of the business’s
offerings. There are no physical changes proposed and the operational parameters
will remain the same.
• The subject property is located within the Fashion Island Sub-Area of PC56. The
Land Use Element of the General Plan categorizes the project site as Regional
Commercial (CR). Fashion Island is the primary retail hub within Newport Center.
It is developed with retail, dining, and commercial entertainment uses. The mall is
intended to be a day/evening destination with a wide variety of uses that will serve
visitors, residents, and employees of the area. An eating and drinking
establishment with alcoholic beverage sales is consistent with CR category and
the purpose of the Fashion Island Sub-Area of PC56. The café with expanded
privileges should have a positive impact on the area as it will promote economic
activity in areas which the General Plan intends to be busy with a variety of
commercial uses.
• Fashion Island features a shared parking pool provided through on-site surface
parking lots and parking structures. Approval and implementation of the request
would result in an enhanced menu for customers that would otherwise already be
visiting the mall to shop and dine. There should be no noticeable change in parking
demand because of the project.
• The Newport Beach Police Department (NBPD) has reviewed the proposed
application and has no objections to the request. The NBPD’s memorandum,
crime, alcohol-related statistics, and reporting district map are included in
Attachment No. ZA 3.
• The interior of the Fashion Island mall is developed with an internal pedestrian
network and is surrounded by parking lots. There is little or no direct connectivity
to adjoining office, entertainment, or residential areas. The café is separated from
the nearest residential use by over 1,000 feet and should have no negative impact
to sensitive receptors.
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ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Section 15301 under Class 1 (Existing
Facilities).
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
existing café has an associated outdoor dining patio within a common area of the mall.
The proposed project is a request to obtain an ABC license and does not include any
interior or exterior alterations to the café and no increase in gross floor area or net public
area.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
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:
CC/oo
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Police Department Memo
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
MINOR USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER
AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AT
AN EXISTING CAFÉ, SCRATCH BAKERY CAFÉ, IN THE
FASHION ISLAND SHOPPING CENTER, LOCATED AT 561
NEWPORT CENTER DRIVE (PA2022-109)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Real Food Companies, with respect to property located at 561
Newport Center Drive, and legally described as Parcel 1, Block 221, Page 30 requesting
approval of a minor use permit.
2. The applicant requests a minor use permit for an existing eating and drinking
establishment, Scratch Bakery Café, to operate with a Type 41 (On-Sale Beer and Wine)
Alcoholic Beverage Control (ABC) license. The café operates an accessory outdoor
dining patio within an adjacent common area. The request does not include any physical
changes to the existing establishment. No late hours (after 11:00 p.m.), live entertainment,
or dancing is proposed.
3. The subject property is designated Regional Commercial (CR) by the General Plan Land
Use Element and is located within the North Newport Center (PC56) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 16, 2023 online via Zoom. A notice of time, place and
purpose of the hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
existing café is located within Fashion Island and has an associated outdoor dining patio
within a common area of the mall. The proposed project is a request to obtain an ABC
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license and does not include any interior or exterior alterations to the café and no increase
in gross floor area or net public area.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator
shall consider the following findings prior to the approval of a new or amended alcohol sales
establishment:
Finding
A.The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding
In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC,
the following criteria must be considered:
i.The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
a.The property is in an area the Newport Beach Police Department (NBPD) has
designated as Reporting District (RD) 39. RD 39 is bordered to the north by San Joaquin
Hills Road, to the east by MacArthur Boulevard, to the south by East Coast Highway,
and to the West by Jamboree Road. The NBPD is required to report offenses of Part
One Crimes combined with all arrests for other crimes, both felonies, and misdemeanors
(except traffic citations) to the California Department of Alcoholic Beverage Control
(ABC). Part One Crimes are the eight (8) most serious crimes defined by the FBI Uniform
Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-
theft, auto theft, and arson. RD 39 is considered a higher crime area, as compared to
other RDs within the City. The RD 39 crime count for 2021 is 334, which is 81 percent
over the citywide average of 140 crimes per RD. The higher crime rate is largely
attributable to the concentration of commercial land uses and the high ratio of
nonresidential to residential uses. For example, the RD to the southeast, RD 44,
contains the entire commercial corridor along East Coast Highway within Corona del
Mar. RD 44 is smaller in land area than RD 39 yet it maintains a comparable number of
crimes due to the similarly high ratio of nonresidential to residential uses. The remaining
neighboring RDs, 43 and 47, are primarily residential with few commercial uses. As a
result, they have a significantly lower number of crimes. Their crime count is 37 and 50,
respectively.
b.The NBPD has reviewed the project and has no objection to the Type 41 ABC license,
subject to appropriate conditions of approval which have been incorporated into Exhibit
“A” of this Resolution. These conditions include provisions such as the requirement that
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all owners, managers, and employees selling alcoholic beverages shall undergo and
complete a certified training program in responsible methods and skills for selling
alcoholic beverages, a prohibition on live entertainment, and no games or contests
requiring or involving the consumption of alcoholic beverages.
ii.The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
a.Compared to the adjacent RDs, RD 39 had a higher percentage of alcohol-related
crimes in 2021. The higher number of crimes is to be expected given the crime figure
includes driving under the influence, public intoxication, and liquor law violations.
These are crimes associated with commercial establishments. RD 43 and 47, which
are primarily residential, are unlikely to have similar crime incidents. The alcohol-
related crimes of RD 39 were slightly higher than that of its neighbor RD 44 however
the difference was not substantial enough to warrant objection from the NBPD.
iii.The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
a.The café is located within the Fashion Island mall and features an interior dining space
and an accessory outdoor patio adjacent to the common area of the mall. Fashion
Island does not abut any sensitive land uses and is separated from other structures
and uses by parking lots, a busy roadway, and other commercial uses. Residential uses
are permitted in the northern sections of PC56; however, the café is separated from the
nearest residential use by over 1,000 feet. There are no day care centers, hospitals,
parks, places of worship, or schools within the mall. While some minors are expected
to be present at the mall, the mall is intended to attract a variety of users and not
specifically minors.
b.Eating and drinking establishments with incidental alcohol service are common within
the mall and the ABC license is not anticipated to alter the operational characteristics
of the current café such that it becomes detrimental to the area.
c.Condition of approval no. 21 prohibits the café from operating as a bar or tavern which
should help ensure compatibility with the surrounding businesses. Late hours are not
proposed as part of this project nor are they allowed by this use permit.
iv.The proximity to other establishments selling alcoholic beverages for either off-site
or on-site consumption.
a.There are several other restaurants within the mall. These include Fleming’s Steak
House, True Food Kitchen, Back Bay Tavern at Whole Foods Market, P.F. Chang’s
and 59th & Lex Café’. Generally, these restaurants operate with either a Type 41 (On-
Sale Beer and Wine) or a Type 47 (On-Sale General) ABC license. There is no
evidence suggesting that these uses have been detrimental to the surrounding vicinity.
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Additionally, there is no evidence to suggest that the approval of this alcohol sales
license would create any new objectionable conditions.
v.Whether or not the proposed amendment will resolve any current objectionable
conditions.
a.No objectionable conditions are presently occurring at the Property.
b.Approving the Project will allow the existing café to diversify its offerings as a
convenience to its patrons. The NBPD acknowledges the addition of alcohol to
the existing restaurant is a new privilege; however, the project has been reviewed
and conditioned to help ensure that the purpose and intent of Section 20.48.030
(Alcohol Sales) of the NBMC are maintained and that a healthy environment for
residents and businesses is preserved.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a use permit are
set forth:
Finding:
B.The use is consistent with the General Plan and any applicable specific plan:
Facts in Support of Finding:
1.The Land Use Element of the General Plan designates the project site as Regional
Commercial (CR), which is intended to provide retail, entertainment, service, and
supporting uses that serve local and regional residents. The proposed eating and drinking
establishment with alcoholic beverage services is a use that serves local and regional
residents and is consistent with land uses in the CR land use designation.
2.Land Use Element Policy LU 6.14.1 Fashion Island [“CR” designation] is intended to:
Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment
and supporting uses that complement, are integrated with, and enhance the economic vitality
of existing development. A maximum of 213,257 square feet of retail development capacity
specified by Table LU2 (Anomaly Locations) may be reallocated for other permitted uses in
Newport Center, provided that the peak hour vehicle trips generated do not exceed those
attributable to the underlying retail entitlement.
The project does not include the addition of floor area, an increase in the number of seats
for the café, or the transfer of development capacity to the project site. Scratch Bakery Café
is intended to serve employees of and visitors to the Fashion Island Mall and the surrounding
area. The applicant requests the addition of alcohol service to an eating and drinking
establishment, which will complement the food served daily. The project is not expected to
result in increased traffic.
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3.The subject property is not a part of a specific plan area.
Finding:
C.The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code:
Facts in Support of Finding:
1.Fashion Island is the primary retail hub within Newport Center and is developed with
retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island
include uses in support of the existing retail, dining, and commercial entertainment uses.
Fashion Island is intended to be a vibrant regional retail and entertainment center and a
day/evening destination with a wide variety of uses that will serve visitors, residents, and
employees of the area. A café with alcoholic beverage sales is consistent with the
purposes of the Fashion Island Sub-Area of PC56.
2.Eating and drinking establishments are permitted uses within the Fashion Island Sub-
Area of the North Newport Center Planned Community Zoning District. Pursuant to the
Planned Community Text, the on-premises sale of alcohol in conjunction with an eating
and drinking establishment requires a minor use permit.
3.The proposed eating and drinking establishment is within the limits of the cumulative
floor area allocated for Fashion Island.
4.No physical improvements are proposed as part of this project therefore no development
standards from PC56 are applicable at this time.
Finding:
D.The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity:
Facts in Support of Finding:
1.The Fashion Island mall is developed around an internal pedestrian network and
surrounded by parking lots, providing little or no connectivity to adjoining office,
entertainment, or residential areas. The proposed project should have no interaction with
the surrounding uses in the vicinity and therefore should be compatible.
2.Fact (iv)(a) in support of Finding A incorporated by reference.
Finding
E.The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities:
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Facts in Support of Finding
1.The application includes the addition of an ABC license to an existing bakery café. There
is no addition of floor area associated with the project. The size of the kitchen does not
change as part of the project nor is there an increase in the number of seats.
2.The Fashion Island mall is an existing development that is adequately served by utilities
and can be accessed by emergency vehicles.
3.Fashion Island features a shared parking pool provided through on-site surface parking
lots and parking structures. There should be no noticeable change in parking demand
as a result of this project as the project is simply an enhanced menu for customers that
would otherwise already be visiting the mall to shop and dine.
Finding
F.Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding
1.Scratch Bakery Café has been in operation since 2021, and a café has been in operation
at the tenant space since 2010. The café has not proven detrimental to the surrounding
businesses. Adding alcoholic beverage options to the menu is not expected to change
this, given the included conditions of approval from the NBPD.
2.The café with expanded privileges should have a positive impact on the area. The café
serves both the local shoppers and visitors to Fashion Island. It promotes economic
activity in an area which the General Plan intends to be busy with a variety of commercial
uses.
3.The Project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The operator is
required to take reasonable steps to discourage and correct objectionable conditions
that constitute a nuisance within the facility, adjacent properties, or surrounding public
areas, sidewalks, or parking lots of the restaurant, during business hours, if directly
related to the patrons of the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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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
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
PA2022-109, 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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF March, 2023.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this Use Permit or the processing of
a new Use Permit.
3.The hours of operation for the restaurant shall be limited to from 7 a.m. to 9 p.m., daily.
4.The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
5.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 cause for revocation of this Use
Permit.
6.This Use Permit may be modified or revoked by the Zoning Administrator should they
determine that the proposed uses or conditions under which the use is being operated
or maintained are 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.
7.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
8.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
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current business owner, property owner, or the leasing agent.
9.No outside paging system shall be utilized in conjunction with this establishment.
10.All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three [3] walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
11.Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
12.The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for the daily removal of trash, litter debris, and graffiti from
the premises and on all abutting sidewalks within 20 feet of the premises.
13.The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
14.Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the
Director of Community Development and may require an amendment to this Use Permit.
15.Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
16.A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
17.This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
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Police Department
18.The approval is for an eating and drinking establishment with on-sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 41 (On-Sale Beer and Wine) license, in
conjunction with the restaurant as the principal use of the facility.
19.All owners, managers, and employees must abide by all requirements and conditions of
the Alcoholic Beverage License.
20.All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner’s, manager’s, and employee’s
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
21.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
22.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall always maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
23.No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
24.There shall be no live entertainment or dancing allowed on the premises.
25.No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
26.There shall be no reduced-price alcoholic beverage promotions after 9 p.m.
27.Food service from the regular menu shall be made available to patrons until closing.
28.Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
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29. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his employees or representatives share in any profits or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
30. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks, is prohibited (excluding charges for prix fixe meals).
31. Strict adherence to maximum occupancy limits is required.
32. The Applicant shall maintain a security recording system with 30-day retention and make
those recordings available to police upon request.
33. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
34. No off-sales of alcohol shall be permitted.
35. 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 Scratch Bakery Café Alcohol License including, but not limited to, Minor
Use Permit (PA2022-109). 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 Applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of the City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The Applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit
PA2022-109
561 Newport Center Drive
Subject Property
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Attachment No. ZA 3
Police Department Memo
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Attachment No. ZA 4
Project Plans (For reference only)
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