Coffee Shop Space in Tustin

What to diligence before LOI

1. 01

   Use: Tustin City Code Section 9232(a)(2)(n) permits restaurants in the C1 Retail Commercial District but expressly excludes drive-ins and drive-thrus, and Sections 9233(a)(1), 9234(a)(1) and 9235(b)(1) carry that into C2, C3 and CG. A drive-through of any kind needs a conditional use permit (Section 9232(b)(13), carried into C2 and CG by Sections 9233(b)(1) and 9235(c)(1)). Sites in the Tustin Legacy, East Tustin, Red Hill Avenue or Downtown Commercial Core specific plans follow those plans' use lists instead, so confirm which document governs the parcel.

2. 02

   Parking: Section 9263 Table 1 parks take-out restaurants, a category that names coffee shops, at 1 space per 250 sq ft, against 1 per 100 sq ft for sit-down restaurants, so ask Planning in writing which category your seating plan falls in. A 1,500 sq ft cafe is 6 stalls as take-out and 15 as a restaurant. Inside the Downtown Commercial Core Specific Plan, a restaurant replacing a retail, service or office use needs no additional parking.

3. 03

   Drive-through queue: Table 1 requires a minimum 7-car stacking lane for a drive-through, Section 9263(i) says each stacking space is the length of a standard stall, and Table 2 sets a standard stall at 19 feet by 9 feet. That works out to about 133 feet of queue, and the final number and location are set during project review, so model peak-hour stacking before the CUP hearing.

4. 04

   Patio seating: under Section 9277(d), movable tables and chairs outside a cafe need the Community Development Director's written approval, may only be used from 6:00 a.m. to 11:00 p.m. (7:00 a.m. to 10:00 p.m. if the patio abuts residential property), may not sit in required parking or landscape areas, and do not count toward the parking requirement. A fixed outdoor dining area with barriers or decking goes through Design Review (Section 9277(e) and Section 9272). Table 1 adds no parking for patios of 15 seats or fewer, or no larger than 50% of indoor seating.

5. 05

   Grease interceptor: Tustin's sewers are maintained by East Orange County Water District or Irvine Ranch Water District depending on location (the City's 2016 sewer district map shows which). EOCWD Ordinance 2016-2 (amended 2019), Section 2.55, requires a grease interceptor for new food service establishments and for existing ones that change ownership, remodel or change operations, but treats limited food preparation (reheating, hot holding or assembling ready-to-eat food) as outside the definition. IRWD requires an interceptor for new food service establishments, changes in ownership or operations, and remodels that touch under-slab plumbing or add seating or kitchen area, and reviews plans first. Get the sewer agency's written call on your menu before you sign.

6. 06

   Health plan check: the OC Health Care Agency's Plan Check unit reviews plans for every new and remodeled food facility in the county, asks for a menu and equipment specification sheets, and assesses fees after the plans are uploaded. Build its review time into the lease's permit contingency, along with the CUP if you want a drive-through.