Coffee Shop Space in Aliso Viejo

What to diligence before LOI

1. 01

   Get the use class in writing before you size seating. Table 15.18.020 lists 'Coffee houses' as permitted in CT, CC, CN and PO and as an administrative use permit in BP-1 and BP-2. The code's definition of 'Restaurant' (Chapter 15.94) also names cafes and coffee shops and says any seating with food preparation makes the use a restaurant, and 'Restaurants, full-service, with 17 or more seats' need a conditional use permit in every district. Planning's call decides whether a seated cafe is a by-right use or a CUP.

2. 02

   Drive-through: 'Restaurants, drive-through' need a CUP in CT, CC and CN and are not permitted in PO, BP-1 or BP-2 (Table 15.18.020). Table 15.70.030 sends every CUP to the City Council at a public hearing, and if a CUP is denied the city will not accept the same or a similar use on that property for one year (15.70.060). Section 15.38.070.H requires at least seven tandem stacking spaces per window, counting the car being served, that stay out of the public right-of-way and internal circulation, an overhead structure at the window, and screening of speakers, lighting and the window from streets and neighbors.

3. 03

   The Commons has its own rules. It is zoned SP-2, and Table IV-1 of The Commons Specific Plan lists 'Bakery, coffee house' as a Minor CUP from the Planning Director and 'Drive thru' as a CUP, with drive-thrus allowed only in the Commercial Planning Development Area and vehicles in the lane screened from the public right-of-way. The city's copy is a 2009 scan, so ask Planning whether later amendments changed the table before quoting it to a landlord.

4. 04

   Patio and parking: outdoor dining is an accessory use needing an administrative use permit under 15.22.190, capped at 1,000 sq ft unless an exception permit allows up to 40% of the indoor floor area, and it cannot pull parking below the required count. Table 15.38.040 parks coffee houses and drive-through restaurants at 1 space per 100 sq ft of gross floor area (take-out food with ancillary seating is 1 per 150), and 15.38.110 adds five bicycle spaces for restaurants of all categories.

5. 05

   Health plan check and grease: the Orange County Health Care Agency's Plan Check unit reviews plans for all new and remodeled food facilities; you apply online, upload plans with a menu and equipment spec sheets, and pay the assessed fee before review, and the annual health permit is billed separately. El Toro Water District says it serves portions of Aliso Viejo and requires any commercial kitchen that discharges fats, oils and grease to file a Wastewater FOG Application, so confirm which sewer agency serves your suite. HCA guidance lets new food facilities in managed centers use common restrooms within 200 feet of travel (CalCode 114250.1), but independently run strip-center tenants do not qualify.

6. 06

   Aliso Viejo has no business license. The city's Business Registration page asks tenants to confirm with the Planning Division (949-425-2525) that the use is allowed before signing a lease, to get any use permit approved before building plans are submitted, and to send a registration form with a floor plan labeling each room and its square footage.