On January 16, 2024, the City Council approved Ordinance 2024-01 , which streamlined the approval processes for outdoor dining areas. The ordinance also provided provisions for restaurants that obtained a permit for outdoor dining areas during the COVID-19 pandemic via the City’s Temporary Use Permit (TUP) program.

Types of Outdoor Dining Areas

There are three main types of outdoor dining areas, classified based on their location within a property. The three types of outdoor dining area are: Courtyard, Setback and Parking areas. Examples and a description of these types are described below.

The City has also implemented a priority order for the location of outdoor dining areas. When planning an outdoor dining area, please consider potential locations using the priority order listed below. The City, at their discretion and on a case-by-case basis, may allow outdoor dining areas within lower priority areas when no higher priority locations are feasible or safe.

1.   Courtyards, plazas, oversized walkways, and front setbacks along a public street.

2.   Rear setbacks.

3.   Other locations (including parking areas).

Courtyard Area

The Courtyard outdoor dining type includes locations such as interior plazas and courtyards, walkways exceeding 4 feet in depth and other interior locations not within a setback or a parking lot. The City has designated these areas a priority locations for outdoor dining areas.

 Setback Area

The Setback outdoor dining type includes locations within property setbacks, usually along a public street or alley. The City has designated front setbacks as a priority location for outdoor dining. 

 Parking Area

The Parking outdoor dining type includes locations within a parking lot. While outdoor dining may be permitted within parking spaces, new outdoor dining areas are prohibited within drive aisles or driveways.

Permitting Process

The permitting process for outdoor dining areas differ between new outdoor dining areas and those permitted during the COVID-19 pandemic. To apply for an outdoor dining permit, please follow the guide below and apply for the appropriate permit using TESSA , the City’s online permitting platform.

For New Outdoor Dining Areas:

Many outdoor dining areas within the City can be permitted with an outdoor dining permit. Larger outdoor dining areas may require an minor conditional use permit (MCUP), depending on its location and size, as shown in the table below. All new outdoor dining areas must comply with the Building and Safety Code and all circulation requirements, and operations and aesthetic standards established within the ordinance.

¹ Interior public area includes: seating areas, the public side of a bar, waiting areas, queuing areas, and any other portion of an establishment than is used by customers. Public area does not include restrooms, if accessible by customers.

For Restaurants with an Approved TUP:

Restaurants with an approved TUP for an outdoor dining area must obtain an outdoor dining permit to make their outdoor dining area permanent. In most cases, a minor conditional use permit would not be required for an outdoor dining area previously approved during the COVID-19 pandemic. However, permanent outdoor dining areas must comply with the Building and Safety Code, as well as minimum circulation requirements and the operations and aesthetic standards established within the ordinance.

Staff has sent out information to all active TUP holders. If you have not received an email by Friday, Aug. 2, 2024, please contact Caitlyn Curley, Assistant Planner at caitlyn.curley@costamesaca.gov for additional information.

Overview of Operational and Aesthetic Standards

Below is a list of select operational and aesthetic standards which apply to all outdoor dining areas. Please see Ordinance 2024-01  for a complete list of standards.

Development Standards for all Outdoor Dining Areas:

• Outdoor dining areas and their corresponding restaurant must comply with all applicable Building and Fire Safety code requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 at the time of their construction. Outdoor dining areas approved under Urgency Ordinance 2020-15  must comply with all applicable Building and Fire Safety requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 within six months from the time of Ordinance 2024-01 adoption, with an allowed six-month extension of time.
  
  
• All outdoor dining areas shall observe State and local health guidelines for restaurants.
  
  
• Outdoor dining areas shall not be counted as gross floor area when calculating required parking for an establishment where food or beverages are served.
  
  
• Outdoor dining areas shall be located adjacent to their applicable food or beverage establishment. In this case, “adjacent” includes locations separated from the subject restaurant by a single pedestrian walkway and/or single vehicular drive aisle, or a single pedestrian walkway and/or two parking spaces perpendicular to the building and outdoor dining area. Outdoor dining areas may be located further from the subject restaurant when authorized by a minor conditional use permit.
• A minimum 4-foot-wide pedestrian access to the entryways of all establishments on the subject property shall be provided.
• Pedestrian ingress/egress to the subject establishments or businesses may not be obstructed.
• Any proposed outdoor dining area covers (including but not limited to canopies, tents or shade covers) will require Fire and Building Department’s approval prior to installation. and shall not be located within required setbacks. Umbrellas shall be exempt from this requirement. Outdoor dining area covers/structures may encroach into a setback area with approval of a minor conditional use permit. To allow views to remain open and unobstructed, such shade structures shall not obstruct more than fifty (50) percent of the façade area along the property line(s) with either vertical (e.g., posts) or horizontal elements (e.g., planters, sloped awnings) with a minimum twenty-four (24) inches between the shade cover and any fences, walls, or other similar structures such that the outdoor seating area is not enclosed.
• Outdoor areas may be temporarily enclosed during inclement weather with temporary structures as approved by the City’s Building and Fire Department.
• Outdoor dining areas may not encroach into drive aisles or other vehicle circulation areas.
• Any service of alcoholic beverages in outdoor dining areas will be subject to approval by the California Department of Alcoholic Beverage Control and shall adhere to all requirements and standards implemented by said State agency.
• Outdoor dining will be required to be closed between 11 PM and 6 AM; unless approved as part of a use permit as indicated in Table 13-47(a). 
• Noise concerns shall be addressed in a timely manner pursuant to Title 13, Chapter XIII of the Costa Mesa Municipal Code. A contact phone number shall be posted at the establishment’s entrance and outdoor dining area so any noise concerns can be reported to the business operator. Outdoor dining areas shall be subject to review by authorized City officials to ensure that noise complaints and/or potential noise ordinance violations are addressed. If necessary, modifications of the operating characteristics of outdoor dining areas may be required. If any noise complaints and/or noise ordinance violations are not adequately addressed, approvals for outdoor dining areas may be revoked at the discretion of the appropriate review authority.
• Approval of live entertainment and music (amplified or non-amplified) in outdoor dining areas shall be subject to Table 13-47(a).

• Lighting for outdoor dining areas shall comply with the following:

o   Lighting levels in the outdoor dining area shall be adequate for safety and security purposes and shall be turned off when outdoor dining areas are not open for use.

o   Lighting design and layout shall minimize light spill at any adjacent residential property lines and at other light-sensitive uses. Glare shields or other design features may be required to prevent light spill onto residential properties and other light-sensitive uses.

• Walls, planters and other barriers associated with outdoor dining areas shall be designed in a way as to not visually enclose the outdoor dining area. Walls, fences and other barriers shall be a maximum of five feet high from finished grade; the lower three and a half feet of the barrier may be solid, however, the upper one and a half feet of the barrier must be open or transparent, outside of the traffic visibility triangle, or as otherwise permitted by the City’s Traffic Division or the Director of Economic and Development Services. Barriers shall not impede traffic visibility from property and public right of way.
• Barriers or other improvements installed as part of the outdoor dining area shall be consistent with the aesthetics of the subject property. The materials, design, color and any other feature of the outdoor dining area shall complement the design of the subject food or beverage establishment, and surrounding site development. Temporary materials such as plastics, temporary fencing, non-permanent planter areas and temporary barriers shall not be permitted as part of any barriers or other improvements.
• Landscaping shall be installed around outdoor dining areas to the greatest extent possible. Planter boxes may be used to satisfy this requirement. Landscaping installed as part of an outdoor dining area shall complement existing landscaping onsite and shall comply with the City’s landscape standards and all applicable State and Federal requirements.
• Outdoor dining shall be permitted in both conforming and nonconforming developments, subject to this Article.
• The provision of outdoor dining areas shall not result in any customer parking offsite, (including in any adjacent commercial property parking areas, unless off-site parking is approved), with the exception of available on-street public parking. Customer parking shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking-related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee, including, but not limited to, reducing operating hours of the business, reducing interior or exterior seating capacities, hiring an additional employee trained in traffic control to monitor parking lot use and assist with customer parking lot circulation, and/or requiring employees to bike, walk or take public transit.

Development Standards for Outdoor Dining Areas Within Setback Areas

• To the greatest extent possible, outdoor dining areas should maintain a minimum three (3) foot-wide landscape barrier dimension between the dining area, any pedestrian or vehicular path of travel or neighboring property.
• Any landscaping (including trees) removed as a result of a new proposed outdoor dining area shall be replaced on-site (in similar size), unless determined infeasible by the Planning Division.   

Development Standards for Outdoor Dining Areas Within Private Parking Areas

• Outdoor dining areas within existing private parking areas may occupy parking spaces in compliance with Table 13-47 (b). New development may receive a parking credit of up to five parking spaces, or 25% of required parking spaces, whichever is less, to accommodate an outdoor dining area.

COVID-19 Outdoor Dining History:

On June 2, 2020, the City Council approved Urgency Ordinance 2020-15  which allowed restaurants to provide temporary outdoor dining on private properties and within the parking lots as well as certain areas in the public right-of-way. Additionally, religious services were also temporarily permitted in an institution's parking lot or other on-site open spaces and requirements for valet parking had been temporarily waived. On July 21, 2020, City Council approved Urgency Ordinance 2020-16 , which allowed outdoor retail sales and services in the parking lot as well as certain area in the public right-of-way.

On November 1, 2022, the City Council extended the expiration date of Urgency Ordinance 2020-15 to December 31, 2023.  As such all temporary improvements and outdoor uses established pursuant to Ordinance 2020-15 must be removed and discontinued by December 31, 2023. All temporary outdoor retail sales and services improvements and uses established pursuant to Urgency Ordinance 2020-16, must be removed and discontinued by December 31, 2022.