Restaurant Space in Costa Mesa

What to diligence before LOI

1. 01

   Public area and permit path: Table 13-47(a) permits a food or beverage establishment by right in C1, C2 and C1-S (and in TC and PD under an approved master plan) whether its indoor public area is under or over 300 sq ft, but requires a minor conditional use permit in CL, and in MG and MP once public area passes 300 sq ft. Where more than one line applies, the stricter review controls (Section 13-47). Under Table 13-29(c) a minor conditional use permit is decided by the Zoning Administrator after public notice without a hearing, while a conditional use permit goes to a Planning Commission hearing.

2. 02

   Late alcohol, live music and the 200-foot line: Table 13-47(a) requires a minor conditional use permit for on-site alcohol after 11:00 p.m., live entertainment or dancing, and a full conditional use permit if the site is within 200 feet of a residential zone (measured property line to property line under Section 13-46). Within 200 feet, Section 13-49 also bars customer service from 11:00 p.m. to 6:00 a.m. and truck deliveries from 8:00 p.m. to 7:00 a.m. unless modified by permit. Many Harbor Boulevard, Newport Boulevard and 17th Street parcels back onto neighborhoods, so measure before you plan a late bar program. A microbrewery inside a restaurant is a CUP in every zone.

3. 03

   Second-generation takeover: Section 13-51 exempts an existing restaurant from Article 4 on a change of ownership, but the rules come back if the new operator adds late-night alcohol (11:00 p.m. to 2:00 a.m.), live entertainment, a drive-through, 100 sq ft or more of customer service or gross floor area over the life of the business, new outdoor dining, or switches to an ABC Type 40, 42, 48 or 61 license while open after 11:00 p.m. Ask the landlord for the prior tenant's permits and conditions before assuming you inherit them.

4. 04

   ABC license: California ABC issues Type 41 (On-Sale Beer and Wine, Eating Place) and Type 47 (On-Sale General, Eating Place) to restaurants. Both require a bona fide eating place with suitable kitchen facilities and actual and substantial meal sales, both allow minors, and both require servers and their managers to be RBS certified. Type 41 allows no distilled spirits on the premises other than brandy, rum or liqueurs for cooking. Section 13-48(a)(1)(n) says any alcohol service on a patio also needs ABC approval.

5. 05

   Parking: Table 13-89 parks a restaurant with more than 300 sq ft of public area at 10 spaces per 1,000 sq ft for the first 3,000 sq ft and 12 per 1,000 above that, and patio seating is not counted (footnote 2 and Section 13-48(a)(1)(g)). When a use permit is required, footnote 4 lets the review authority require up to 30 spaces per 1,000 sq ft for entertainment, dancing or a large bar area. In a shopping center of 600,000 sq ft or more of contiguous GLA, food uses that total 5% or less of the GLA are parked at 1 space per 1,000 sq ft and freestanding food buildings at 10 per 1,000, so ask South Coast Plaza how much of its food allowance is used.

6. 06

   Patios, kitchen and grease: Table 13-47(b) permits a courtyard patio by right, and a patio in a setback or parking area by right up to 50% of the indoor public area (removing no more than five spaces or 25% of required parking); larger patios need a minor conditional use permit. Section 13-48 requires patios to close from 11:00 p.m. to 6:00 a.m., a 4-foot clear path and barriers no taller than 5 feet. OC Health Care Agency must approve plans for any new or renovated food facility (Health and Safety Code 114380) before construction. Costa Mesa Sanitary District requires a grease interceptor on new construction, a change of ownership, a change in operations, or a remodel adding under-slab plumbing, seating or kitchen area, sized by drainage fixture units under the California Plumbing Code, plus a wastewater discharge permit.