Restaurant Space in Rancho Santa Margarita

What to diligence before LOI

1. 01

   Three separate CUPs to plan for: Table 9.03.4 in Section 9.03.080 makes Restaurants (sit-down) P in CG and CN, but its notes say outdoor seating and dining requires a conditional use permit, alcohol sales require a CUP and an ABC license, and live entertainment requires a CUP. Bar/tavern/brewery pub (including an on-site small brewery) and Dancing and live entertainment are C in both districts, and hookah bars are not permitted. The mixed use table (Table 9.03.19) follows the same pattern.

2. 02

   CUP process: Section 9.08.110 gives the Planning Commission the decision, with findings that the location, size, design and operating characteristics will not create unusual noise, traffic or other objectionable conditions. An approved CUP must be put to use within one year (one extension of up to a year is possible), so line up the building permit or certificate of occupancy with the lease. The patio and liquor CUPs can be filed together if you know the concept up front.

3. 03

   ABC license type: California ABC 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 suitable kitchen facilities and actual and substantial meal sales, both allow minors, and both require servers and their managers to hold RBS certification. Type 48 (a bar with no meal requirement, no minors) would fall under the City's bar/tavern row instead. Municipal Code Chapter 5.01 also requires any premises selling alcohol to post the alcohol health warning sign at the tables or counter.

4. 04

   Parking: Section 9.06.070 parks sit-down restaurants and cafes, including those with live entertainment and dancing, at 1 space per 100 SF of gross floor area (minimum 8), and shopping centers at 1 per 200 SF, with the Development Services Director able to require more where the mix of uses adds up. Board & Brew's 2,700 SF suite at Plaza Antonio is 27 spaces at the restaurant rate. Joint use with daytime tenants under Section 9.06.090 needs an alternative development standard, a parking study showing peak hours do not conflict, and shared spaces within 200 feet.

5. 05

   Indoor operations and neighbors: Section 9.05.010 requires permitted business operations to be carried out inside a building designed so they do not cause sound or odor nuisances to adjacent sites, and restaurants are expressly subject to it. The noise ordinance (Chapter 5.04) puts the whole city in Noise Zone 1, with a 55 dB(A) daytime and 50 dB(A) nighttime (10 p.m. to 7 a.m.) standard measured at residential property, reduced 5 dB(A) for music or speech. Price exhaust odor control and patio music limits for any suite that backs onto housing.

6. 06

   Kitchen approvals: the OC Health Care Agency Plan Check unit must approve plans for every new or remodeled food facility (Health and Safety Code 114380), with a menu and equipment specification sheets, and the health permit issues at final inspection. Santa Margarita Water District provides wastewater service in Rancho Santa Margarita and requires grease interceptors under its FOG Ordinance No. 2012-05-01; its sizing chart counts a three-compartment sink as 9 fixture units and a wok sink or mop sink as 3, starts gravity interceptors at 500 gallons for 8 units and 750 gallons for 21, and says new mop sinks must connect to grease protection if meat is cooked. Ask the landlord for the size of any existing interceptor before you rely on a second-generation kitchen.