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Home My WebLink About13 Dining Deck DirectionMEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT October 14, 2021 Kevin Swartz, Associate Planner Request for direction regarding modifications to dining decks within the City of Palm Desert. By Minute Motion, provide City staff direction to: 1) Remove all dining decks that are not in compliance with the City Council's previously approved compliance date of October 31, 2021; or 2) Extend the compliance date one -month through November 30, 2021; or 3) For all restaurant owners that submit their Temporary Use Permit application prior to October 31, 2021, only grant those that applied a one -month extension through November 31, 2021, to make the required modifications to the dining decks. Background Beginning in 2020, and in response to the pandemic, the City allowed restaurants to obtain Temporary Use Permits (TUPs) for outdoor dining decks. The City issued a total of 30 TUPs throughout the City; 11 of those TUP permits were located within the public right-of-way (El Paseo and Highway 111 Frontage Road). The dining deck program has proven to be popular with both restaurateurs and patrons. However, the City's Risk Management representatives identified important safety and design elements that needed to be addressed in order to continue the Dining Deck Program and mitigate the City's risk of safety claims. Discussion Process • In May and June of 2021, staff developed draft concepts for design and safety guidelines. • On June 8 and June 9, 2021, staff held Zoom meetings with merchants and restaurant owners to present concepts for design and safety measures. • On June 17, 2021, staff presented concepts for design and safety measures to the El Paseo Merchants Association. • In June 2021, staff contracted with Prest, Vuksic, Greenwood Architects (PVG) to finalize the design and safety guidelines for outdoor dining decks. October 14, 2021 - Staff Report Direction on Dining Decks Page 2of5 • On June 24, 2021, at a regularly scheduled City Council meeting, the City Council was in consensus to extend the existing TUPs for one year (June 30, 2022). Existing TUPs would be required to modify their dining decks to comply with the new design and safety guidelines in a timely manner. City Council also directed staff to work with PVG and the City's Architectural Review Commission (ARC) for the adoption of the dining deck's design and safety manual. • On July 27, 2021, the ARC approved the Dining Deck Design Guidelines on a 6-0-1 vote, with Commissioner Vuksic abstaining. • On August 5, 2021, staff created a Dining Deck Team comprised of the following: Randy Bowman, Deputy Director of Public Works Deborah Glickman, Business Advocate Kevin Swartz, Associate Planner The Dining Deck Team was tasked with implementing outreach efforts that included contacting restaurants with TUP applications, explaining the Dining Deck Design Guidelines requirements, and conducting on -site and off -site meetings as necessary. Letters • On August 3, 2021, staff sent out 11 letters, including the Dining Deck Design Guidelines to all restaurant owners who had dining decks within the public right-of- way along El Paseo and the Highway 111 Frontage Road. The letter advised the restaurant owners that the adopted design and safety guidelines were in effect and that all dining decks must comply by October 31, 2021. The letter also included the City Council's grant program available for applicants of up to $5,000 per restaurant to assist with providing safety and aesthetic modifications to their dining decks. The remaining 19 restaurants with originally installed dining decks/tent structures on private property were not sent letters from the City since 12 of the restaurants removed their dining decks/tent structures. • August 2021, the Dining Deck Team reached out to the remaining restaurants and conducting site visits to verify one—on-one if they planned on replacing their dining decks/tent structures. • On August 25, 2021, staff sent out a letter to the remaining 19 restaurants advising them that all dining decks must comply with the new design and safety guidelines by October 31, 2021. In response, several restaurants responded that they did not plan on reconstructing a dining deck/tent structure unless indoor dining was ordered to shut down or limited its capacity as it had in 2020. October 14, 2021 - Staff Report Direction on Dining Decks Page 3 of 5 From August through October 2021, staff has communicated with the restaurant owners and managers through phone calls, emails, meetings at City Hall, and on -site meetings regarding the requirements of the Dining Deck Design Guidelines and the upcoming expiration date of October 31, 2021, to comply with the newly adopted guidelines. Below is a table outlining the restaurants, communication, whether they still have a dining deck, and submitted a TUP application. No. Business 1 Little Bar 2 Pizza Vino 3 IL Corso 4 Mamma Gina 5 Castelli's 6 Mimmo's Italian 7 Armando's Bar and Grill 8 Sweet Basil 9 Kitchen 86 10 The Fix 11 La Fe Wine Bar 12 Wildest Greens 13 Fresh Agave 14 French Rotisserie Cafe Dining Deck — Status Staff Communication Letter Received Yes Email, phone, and meeting at City Hall Yes Email, phone, meeting at City Hall, and on -site meeting Yes Email, phone, on - site meeting Yes Email, phone, and meeting at City Hall Yes On -site meeting Yes Phone Yes Phone, email, on - site meeting, meeting at City Hall Yes Phone, meeting at City Hall Yes Phone, on -site meeting Yes Phone, meeting at City Hall Yes Email and phone Yes Email and phone Yes Meeting at City Hall Yes Phone and on -site meeting Still Submitted a TUP Has a Deck Yes Yes (updating site plan per staff) Yes No (working on submittal) Yes No (working on submittal) Yes Yes (approved) Yes No (working on submittal) Yes No Yes Yes (in review) Yes Yes (in review) Yes No (working on submittal) Yes No (working on submittal) Yes No (expanding business into adjacent suite so may not need the extra seating) Yes No (looking to apply for a CUP to make it permanent) Yes No (working on submittal) Yes Yes (in review) October 14, 2021 - Staff Report Direction on Dining Decks Page 4of5 15 Desert Wine Shop 16 Gastro Grind Burger 17 Daily Grill 18 Grill -A -Burger 19 Kaiser Grill 20 Outback Steakhouse 21 Libation Room 22 Ruth's Chris Steakhouse 23 Guadalajara Cafe Yes Yes Yes Yes Yes Yes Yes Yes Yes Phone and on -site Yes meeting Phone and on -site Yes meeting Meeting at City Hall Yes Phone and email No Phone and meeting No N/A No Phone No N/A No Phone No 24 Le Donna Yes N/A No Cucina 25 Keedy's Yes N/A 26 Trattoria Yes N/A Tiramisu 27 CPK Yes N/A No 28 Venue Sushi Yes N/A No 29 Cafe des Beaux Yes N/A No Arts 30 Islands Yes N/A No (working on submittal) No (working on submittal) No (working on submittal No (working with landlord on a permanent dining area) No (may consider one in the future) No No (working on a submittal) No No (waiting to see if any regulations are imposed on indoor dining) No No No No No No No No No No As of today, staff has received four (4) TUP applications with only one (1) approved application for Mamma Gina Ristorante. Staff is conducting preliminary application reviews by setting up meetings at their place of business or meeting at City Hall to assist in the application process. Once an application is submitted, staff is responding quickly to provide a list of comments and corrections to ensure compliance with the guidelines and submittal requirements for application completeness. Recommendation Staff finds that many applications are deficient, and restaurants are having challenges in providing the necessary/adequate documentation as outlined within the Dining Deck Design Guidelines. Staff is working closely with the restaurants and anticipates most will submit their applications within the next two weeks (prior to October 31, 2021.) However, staff does have October 14, 2021 - Staff Report Direction on Dining Decks Page 5 of 5 concerns that the actual modifications in the field may not be implemented by the October 31, 2021, deadline. Staff is recommending that if restaurants submit their TUP application prior to October 31, 2021, that the City Council grant a one -month extension. This would allow staff to continue working with those restaurant owners on their TUP submittal package to ensure they have the proper safety/design measures and allow the restaurant owners additional time to install the proper safety measures. Should restaurants fail to submit a TUP by the October 31, 2021, deadline, or fail to make the necessary improvements by November 30, 2021, then the City should take action to remove these improvements from the public right-of-way. Fiscal Analysis This is an informational report and there are no fiscal impacts. LEGAL REVIEW N/A DEPT. REVIEW Martwv A(.varez Robert W. Hargreaves Martin Alvarez, Director of City Attorney Development Services FINANCIAL ASSISTANT CITY REVIEW MANAGER .Andy Firestine N/A Andy Firestine Janet Moore Assistant City Director of Finance Manager L. Todd Hileman, City Manager: L. TOGid f-tilevu.aw CITY COUNCIL ,CTION APPROVED V DENTED RECEIVED OTHER MEETING DAT�� -� — .9n� -1 AYES: f-tafnikt„I Yrl�, estz e,�1Ulniand Ui fl k'PIk/ NOES: AJ((}1 ABSENT: ABSTAIN: , VERIFIED BY: / vi14�%�15 Original on File with City Cvlerk's Office ri e *By Minute Motion, authorize staff to grant an extension of the compliance date to December 31, 2021.