Restaurant Space in Anaheim

What to diligence before LOI

1. 01

   Alcohol permit path: Table 8-A (18.08.030) lists Alcoholic Beverage Sales, On-Sale as M/C in the O-L, O-H, C-NC, C-R and C-G zones, meaning a minor conditional use permit when the bar is accessory to a primary restaurant and a full conditional use permit otherwise. Under 18.66.040 the Planning Director decides a minor CUP and the Planning Commission decides a full CUP. Bars & Nightclubs and Entertainment Venues need a full CUP in every commercial zone. The restaurant itself (Restaurants-Full Service or Restaurants-General) is by right in C-NC, C-R and C-G and needs a minor CUP in the office zones.

2. 02

   Resort and Festival specific plans read differently: in the Anaheim Resort Specific Plan's C-R District (Table 116-C), on-sale alcohol is permitted by right, restaurants with accessory entertainment and a cover charge need a CUP, and drive-through restaurants are prohibited. In the Festival Specific Plan for Anaheim Hills Festival (Table 108-B), restaurants and outdoor dining are permitted in DA-1, DA-2, DA-3 and DA-5, on-sale alcohol follows the same M/C rule as the citywide table, and DA-4 allows none of these uses. Confirm which plan and district covers the parcel before you pick a permit path.

3. 03

   Parking under Table 42-A (18.42.040): a stand-alone Restaurants-Full Service needs 15 spaces per 1,000 sq ft; inside a Commercial Retail Center-Small (under 10,000 sq ft total) it is 8 per 1,000. In a Commercial Retail Center-Large (10,000 sq ft or more) restaurants park at the 4 per 1,000 center rate until restaurant floor area passes 40% of the center, and the excess is parked at the restaurant's own rate. Bars & Nightclubs need 17 per 1,000 sq ft plus 29 per 1,000 sq ft of dance floor. Ask the landlord for the center's current restaurant share, and look at a Shared Parking Permit (18.42.120) if it is close.

4. 04

   Patio: Restaurants-Outdoor Dining is permitted in all five commercial zones subject to 18.38.220, and Table 42-A adds no parking for outdoor dining of 1,000 sq ft or less (larger areas park at the restaurant rate). In a large center, 18.42.130 allows an Outdoor Dining Parking Permit to turn parking spaces into dining if a parking analysis supports it. For a brewery or distillery tasting room like the ones in the Packing District, 18.38.025 caps the tasting room at 750 sq ft and the patio at 1,000 sq ft unless a CUP allows more.

5. 05

   Grease interceptor: Anaheim runs its own FOG program under Municipal Code 10.08.100 and the FOG Source Control Regulations adopted by Ordinance 5950, and OC San's FOG ordinance (OCSD-25) leaves implementation to each city. Per the City's 2019 Sewer System Management Plan, food service establishments need a City FOG permit, and the Building Division sizes and approves the grease interceptor under the California Plumbing Code with Public Works input during the building permit. The same plan says existing food service establishments are not required to add an interceptor unless they cause or could cause sewer problems, so a second-generation kitchen may still need one if the use changes. Ask Public Works for the current FOG plan review steps.

6. 06

   Licensing and health: pick the ABC license before filing the City permit. Type 41 (On-Sale Beer and Wine, Eating Place) and Type 47 (On-Sale General, Eating Place) both require a bona fide eating place with a working kitchen and real meal sales, both allow minors, and both require Responsible Beverage Service certification for servers and managers; a brewpub-restaurant is Type 75. OC Health Care Agency Plan Check must approve plans for any new or remodeled food facility (Health and Safety Code 114380) before construction, with a preliminary inspection at about 80% completion and the annual health permit issued at final inspection.