HomeMy WebLinkAboutPA2022-129_20220805_CDD Action Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
Subject: Moulin Bakery Kitchen Relocation (PA2022-129)
▪ Staff Approval No. SA2022-005
Site Location 1000 North Bristol Street
Applicant Moulin LLC
Legal Description Parcel 1 of Resubdivision No. 541
On August 5, 2022, the Community Development Director approved Staff Approval No.
SA2022-005, authorizing changes to an existing food service, eating and drinking
establishment (Moulin Restaurant), and providing zoning clearance for a new bakery, as
described in “Proposed Changes” below.
LAND USE AND ZONING
• General Plan Land Use Plan Category: CG (General Commercial)
• Zoning District: PC-11 (Newport Place)
BACKGROUND AND CURRENT OPERATION
On September 13, 1993, Use Permit No. UP3508 was approved to authorize the
establishment of a 2,700-square-foot take-out restaurant (Pascal’s Epicerie), in combination
with a catering business, a retail wine store, on-sale beer and wine, and incidental interior
seating. The project included a waiver of a portion of the required off-street parking spaces
(48 spaces). The hours of operation were limited to between 8 a.m. to 9 p.m., Monday
through Saturday, and 8 a.m. to 2 p.m. on Sunday.
On June 23, 2014, a building permit was issued for a tenant improvement to reconfigure the
restaurant for a new operator (Moulin Restaurant). The changes consisted of kitchen
improvements, renovated product displays and reconfigured interior seating. The
improvements remained in substantial conformance with the approved Use Permit.
On January 16, 2014, the Community Development Director approved Staff Approval No.
SA2014-032 for Moulin Restaurant to expand into the abutting retail space (Suite 8). The
additional space allowed for the enlargement of a walk-in cooler and freezer, expansion
of the pastry kitchen, and additional retail space. The changes did not result in any
additional dining area.
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Since 2014, Moulin Restaurant has operated within Suites 8, 9, and 10. The kitchen
serves the needs of both the restaurant and the bakery components. While the restaurant
opens to the public from 8 a.m. to 3 p.m., Monday through Saturday, and 8 a.m. to 2 p.m.
on Sunday, the kitchen is used by staff between 3 a.m. and 11 a.m., daily, to prepare
pastries for the next business day.
Additionally, in 2017 the operator of Moulin Restaurant opened a related furniture and
antiques retail store in Suite 17. The retail sales use specializes in French chairs and
operates from 10 a.m. to 5 p.m., Monday through Friday.
PROPOSED CHANGES
Due to the success of the bakery and the limited amount of space in the kitchen for both the
restaurant and bakery operations, Moulin Restaurant is proposing to relocate its bakery
kitchen to a separate tenant space within the shopping plaza (Suites 24 and 25). Currently,
the space is vacant, but was previously occupied by a health and fitness facility. The bakery
kitchen will maintain operational hours between 3 a.m. and 11 a.m. for staff only to prepare
baked goods.
Moulin Restaurant will sell baked goods within the new tenant space between 6 a.m. and
11 a.m., daily. There is no public dining component proposed or allowed with this use. Since
this is a separate and distinct use in a different tenant space, staff considers the new use to
be a retail bakery (i.e., a Retail Sales land use) that is separate from the existing restaurant.
Therefore, it is permitted by right and not subject to Use Permit No. UP3508.
Moulin Restaurant is also proposing to consolidate the furniture and antiques retail store into
the same space as the relocated bakery kitchen. The inventory of furniture will be inside the
tenant space and will be open to the public from 10 a.m. to 5 p.m., daily. The furniture is to
proposed to be stacked and is not to be used for dining purposes. See Table 1 below for the
proposed occupancies of tenant spaces.
Table 1: Proposed Changes
Suite(s) Current Use Proposed Use
8, 9, and 10 Restaurant (Moulin) including
both the Bakery and
Restaurant Kitchen
Restaurant (Moulin) including only the
Restaurant Kitchen
17 Retail (Moulin Furniture) Vacant
24 and 25 Vacant Bakery Kitchen and Retail (Moulin)
FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project) of the Newport Beach
Municipal Code (NBMC), the Community Development Director may authorize minor
changes to an approved site plan, architecture, or the nature of the approved use without
a public hearing, and waive the requirement for a new use permit application. In this
case, the Community Development Director has determined that the proposed relocation
Moulin Bakery Kitchen Relocation (PA2022-129)
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is in substantial conformance with the existing restaurant operation because the project’s
changes:
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. Restaurants are a permitted use in General Commercial Site 3 of the Newport Place
Planned Community District (PC-11), subject to the approval of a use permit. Moulin
Restaurant currently operates under Use Permit No. UP3508.
2. The relocation of the bakery kitchen does not conflict with the allowances of Use
Permit No. UP3508. There are no proposed changes to the restaurant’s operational
characteristics or dining area.
3. A standalone bakery is considered a Retail Sales land use. PC-11 lists “Retail Stores”
as a permitted use. There is no on-site dining allowed for the bakery.
4. Adequate off-street parking is provided in conjunction with the proposed bakery
and retail relocation. The previous use was a health and fitness facility. The
relocated kitchen and retail use do not generate increased parking demand beyond
the requirements of the former health and fitness facility.
Finding:
B. Do not involve a feature of the project that was a basis for or subject of findings or
exemptions in a negative declaration or Environmental Impact Report for the
project.
Fact in Support of Finding:
1. The proposed changes to the existing restaurant will not compromise the original
Class 1 (Existing Facilities) exemption under the California Environmental Quality Act
(CEQA) Guidelines since the requests involves minor alterations to existing
commercial tenant spaces.
Finding:
C. Do not involve a feature of the project that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding:
1. The proposed changes do not involve a feature that was specifically addressed in
the staff report or the minutes prepared for Use Permit No. UP3508.
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2. Building permits are required for tenant improvements and change of occupancy.
The project also must comply with disabled access requirements.
3. Additional conditions of approval for the bakery and retail suite have been included
as a part of this Staff Approval to provide zoning clearance for the new use.
Finding:
D. Do not result in an expansion or change in operational characteristics of the use.
Facts in Support of Finding:
1. The proposed relocation of the bakery kitchen and retail sales relocation is minor
in nature and does not represent a substantial change in the operational
characteristics of the existing take-out restaurant that was approved with a
combination of catering and a retail store. The existing restaurant located in Suites
8, 9, and 10 needs additional kitchen space, and the relocation of the bakery
kitchen does not change the operational characteristics of the use. There is no
expansion of dining area proposed with this relocation.
2. The proposed relocation of the bakery kitchen to Suites 24 and 25 will replace the
previous health and fitness facility. The proposed tenant space will consist of a
new bakery kitchen area, existing office and bathrooms, storage area, and a small
retail area for furniture and baked goods sales.
CONDITIONS
1. The development shall be in substantial conformance with the approved site plan
and floor plan stamped and dated with the date of this approval (except as modified
by applicable conditions of approval).
2. All applicable conditions of approval for Use Permit No. UP3508 shall remain in
effect.
3. The Community Development Director may add to or modify conditions to this staff
approval, or revoke this staff approval upon determination that the operations, which
is the subject of this staff approval, causes injury, or is detrimental to the public health,
safety, peace, or general welfare of the community or if the property is operated or
maintained so as to constitute a public nuisance.
4. The Applicant is required to obtain all applicable permits from the City Building
Division and Fire Department. Prior to the issuance of any building, mechanical,
and/or electrical permits, architectural drawings and structural design plans shall be
submitted to the City of Newport Beach for review and approval by the applicable
departments. A copy of these conditions of approval shall be incorporated into the
drawings approved for the issuance of permits.
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5. Suites 24 and 25 shall be for the purpose of retail sales and food preparation.
Customers can purchase baked goods directly from the bakery kitchen. However,
there shall be no dining areas within these suites. There shall be no exclusive outdoor
dining area in conjunction with the bakery and retail use. The restaurant use shall
remain restricted to Suites 8, 9, and 10.
6. Furniture from the retail component shall be stacked and shall not be used for dining
purposes of any kind.
7. The project shall be designed to comply with all disabled access requirements.
8. A grease trap shall be required. Additionally, a separate grease waste line shall be
required for proper plumbing drainage within the bakery production area.
9. 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
Moulin Bakery Kitchen Relocation including, but not limited to, Staff Approval No.
SA2022-005 (PA2022-129). 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 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development or City Clerk, as applicable, within fourteen (14) days following the date the
action or decision was rendered. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
Prepared by:
_________________
David S. Lee
Associate Planner
Approved by:
BMZ/dl
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Attachments:
CD 1 Vicinity Map
CD 2 Applicant’s Project Description
CD 3 Project Plans
Attachment No. CD 1
Vicinity Map
Tmplt: 07/25/19
VICINITY MAP
Staff Approval No. SA2022-005
PA2022-129
1000 Bristol Street North
Subject Property
Attachment No. CD 2
Project Description
From: Kimberly Woloson <kimberly@wolosonco.com>
Sent: August 04, 2022 10:09 AM
To: Lee, David
Cc: laurent moulin.com
Subject: Moulin Staff Approval Addition
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
David,
This was not in the original description but Laurent at Moulin would like to add the following:
The Bakery will sell to go packaged breads/bakery goods at a front counter at the entrance to the bakery
production area. There will be no seating. No customers will be allowed to enter the bakery production
area.
The hours of operation will be 6:00 am to 11:00 am.
If you have any further questions, please call me.
Kimberly Woloson
Laurent Vrignaud
Attachment No. CD 3
Project Plans