If you run a restaurant in Tustin or Artesia, the answer to "do I need a permit for outdoor dining?" depends on two questions: is your setup permanent or temporary, and is it on private property or in the public right-of-way? In Tustin, a permanently improved "Outdoor Dining Area" requires Design Review, while a portable "Outdoor Seating Area" on private property needs no permit at all. In Artesia, the documented pathway is a Temporary Outdoor Expansion Permit filed with the Planning Department, though the city's code also preserves permanent permit alternatives.
Understanding Outdoor Dining Regulations in Tustin and Artesia
The two cities took different routes to regulating outdoor dining. Tustin updated its rules through Ordinance No. 1526, which its Community Development Department describes as defining "three separate pathways for providing outdoor dining." Artesia, by contrast, acted through urgency ordinances adopted during the COVID-19 pandemic, establishing standards and procedures that regulate the design and operation of temporary outdoor expansion areas associated with existing businesses.
That difference matters for planning. Tustin's framework is built into its permanent zoning rules, distinguishing setups by how much construction they involve. Artesia's documented program is explicitly temporary: approved Temporary Outdoor Expansion Permits are effective only for the duration of Urgency Ordinance 22-921, unless revoked earlier or voluntarily forfeited. Both cities' rules apply to restaurants and food establishments, and both cover dining on private property and in the public right-of-way.
Tustin's Outdoor Dining Options: Permanent vs. Permit-Free
Tustin's first category, the Outdoor Dining Area, is a permanently improved, separately identifiable dining space. The city's guidance says these commonly include enhanced flooring or decking, decorative fencing or planters, and furnishings, and can also involve expanding patios into landscaping or parking spaces or serving alcohol. This category requires review and approval by the Community Development Department: plans must be submitted for Design Review before applying for building permits.
The second category, the Outdoor Seating Area, covers portable chairs, tables, and furnishings set up next to or near the restaurant, with no permanent improvements. Here Tustin's FAQ is direct: "You can setup an Outdoor Seating Area without obtaining approval from or submitting to the City, so long as the Outdoor Seating Area is fully contained within private property and complies with the corresponding operational requirements described in Section 9277(d) of Ordinance No. 1526." The furniture must also sit outside required pedestrian and vehicle paths.
Location changes the calculus. If either type of outdoor dining is proposed within public property—a public sidewalk, street, or parking—Tustin requires City review and approval to obtain a License Agreement. So a permit-free setup on private patio space becomes a city-reviewed arrangement the moment it spills onto the sidewalk.
Artesia's Approach: Temporary Expansion and Permanent Alternatives
Artesia's documented program is the Temporary Outdoor Expansion Permit, adopted to let existing restaurants add outdoor space for physical distancing during the pandemic. Applications are obtained from and submitted to the Planning Department, along with a permit fee application and a site plan drawn to scale showing the proposed outdoor area, the layout of furnishings, and allowable amenities, plus any other requirements on the application form or requested by the Planning Director.
Approval is conditional. The Planning Director must find that the subject business is an existing restaurant or food establishment currently operating within the City of Artesia and is in good standing with the city. The rules cover outdoor dining on both private property and the public right-of-way.
Artesia's temporary program is not the only route. An earlier urgency ordinance, effective November 30, 2021, states that "nothing herein prevents an applicant from applying for and obtaining a Special Outdoor Use Permit under Article 13.6 or an applicable conditional use permit for outdoor dining, or becoming subject to the standards in Article 13.5 related to Incidental Outdoor Uses." In other words, a business wanting a permanent outdoor dining arrangement can pursue those established permit types instead of the temporary permit—though the city's temporary-expansion standards document does not detail those processes.
Outdoor Dining Regulations: Tustin vs. Artesia at a Glance
The table below sorts the two cities' rules by the two decisions a business owner actually makes: how permanent the setup is, and where it sits. Read down the "Permit Required?" column to find your situation, then check the constraints.
| City | Type of Setup | Permit Required? | Location | Key Requirements / Constraints |
|---|---|---|---|---|
| Tustin | Outdoor Dining Area | Yes — Design Review by the Community Development Department, before building permits | Private property or public right-of-way | Permanently improved space (decking, fencing, planters, patio expansion, alcohol service); public-property proposals also require a License Agreement |
| Tustin | Outdoor Seating Area | No — if fully on private property and compliant | Private property | Portable furniture only, no permanent improvements, outside required pedestrian and vehicle paths, must meet operational requirements in Section 9277(d) of Ordinance No. 1526 |
| Artesia | Temporary Outdoor Expansion | Yes — Temporary Outdoor Expansion Permit from the Planning Department | Private property or public right-of-way | Existing restaurant or food establishment in good standing; site plan and fee application; permit effective only for the duration of Urgency Ordinance 22-921 |
| Artesia | Permanent outdoor dining (Special Outdoor Use Permit, Conditional Use Permit, or Incidental Outdoor Uses) | Yes — through the applicable permit type | Per the underlying permit | Available as alternatives to the temporary program; specific application details not described in the city's temporary-expansion standards |
Two gaps in this comparison are worth naming. For Tustin's Outdoor Seating Area on public property, the city's guidance confirms only that City review and a License Agreement are required, without detailing that process. And for Artesia's permanent permit alternatives, the ordinances confirm the pathways exist but not their application steps. Both are questions to raise directly with the respective planning departments.
Next Steps for Your Outdoor Dining Plan
Business owners in Tustin should first determine if their proposed outdoor dining setup is a permanent "Outdoor Dining Area" requiring Design Review or a permit-free "Outdoor Seating Area" on private property. Artesia business owners should consider if their plan fits the Temporary Outdoor Expansion Permit program or if a permanent Special Outdoor Use Permit or Conditional Use Permit is more appropriate.
The concrete milestone either way is the successful submission of a complete permit application, or confirmation from the city planning department that the proposed setup does not require a permit. Before you file, confirm current requirements with the relevant city: Tustin's rules stem from Ordinance No. 1526, and Artesia's temporary program runs only for the duration of Urgency Ordinance 22-921, so a permit that exists today may not be available tomorrow. Neither city's outdoor dining rules replace other obligations—Artesia's standards note that business owners must still secure licenses and permits from the State Alcohol Beverage Control Board and the Los Angeles County Health Department.
