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HomeMy WebLinkAboutDrctn - Policies for Temp Outdoor Dining During COVID-19 PandemicSTAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: September 10, 2020 PREPARED BY: Ryan Stendell, Director of Community Development REQUEST: Request for direction related to policies for temporary outdoor dining during the COVID-19 pandemic Recommendation By minute motion, provide direction related to policies for temporary outdoor dining during the COVID-19 pandemic. Strategic Plan Temporary outdoor dining aids in the following priorities identified in the City's Strategic Plan: • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. " • Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining, lodging, and housing." Background Analvsis At its regular meeting of June 11, 2020, the City Council reviewed and had a robust discussion related to the El Paseo pedestrian improvements. Within that discussion, the City Council directed staff to implement a temporary outdoor -dining program consistent with the State Alcohol and Beverage Control (ABC) pandemic requirements. At its meeting of August 27, 2020, the City Council approved both a fee waiver of the Temporary Use Permit (TUP) application for the balance of the fiscal year, and requested staff to place an item on the agenda for a future meeting to discuss the City's policies related to outdoor dining during the pandemic. Discussion Since the beginning of the pandemic, staff has been reaching out to the business community through any forum available. Many of the restaurants have communicated with staff that they are waiting until after the summer months to open outdoors, if the State does not allow for indoor dining. Staff anticipates seeing more requests for outdoor dining within the next couple of weeks. The El Paseo Merchants Association (EPMA) has also been very active through zoom meetings and has been a tremendous resource. The September 10, 2020 - Staff Report Request for Direction: Outdoor -Dining Page 2 of 4 EPMA has discussed how other cities in California are allowing outdoor dining in the streets and along the sidewalks, and overall supports the concept for El Paseo. The EPMA acknowledged that there is limited outdoor dining space available along the sidewalks due to the lack of width. The EPMA discussed different options from dining decks in the existing parking spaces, closing down Lupine Lane, and temporarily closing down a traffic lane on El Paseo on both sides of the street. Dining Decks — The EPMA fully supports this concept of utilizing one or two parking spaces in front of restaurants for dining decks. The EPMA believes that, if done appropriately, these could become permanent fixtures along El Paseo. The EPMA also suggested that the City could help restaurants by funding the dining decks, as long as prevailing wage is not a requirement. Temporary Lane Closure — This topic was discussed at length with no clear consensus from the group. The EPMA stated that other businesses besides the restaurants could occupy the street as well. They stated that this option could work in certain blocks, but had concerns with losing the parallel parking. The EPMA also stated that access into businesses could be a challenge if the street is lined with tables and chairs, and other merchandise. The main concern was the overall appearance of El Paseo looking like a temporary construction zone with signs and barricades. To date staffs primary focus for outdoor dining has encompassed the following: Streamlining the TUP Process: With no clear consensus from the EPMA and most restaurants seemingly making plans unique to their situation, staff's highest priority has been to streamline the TUP process. Prior to the pandemic, an applicant would have at least two required city issued permits to host dining in the public -right-of-way. Staff very quickly combined the workflow of all departments into one easy to use TUP and with the recent approval of the City Council the process is at no cost to an applicant. Lupine Lane Public Plaza / Food Court: The property owners of the El Paseo Square approached the City about closing down Lupine Lane and creating an outdoor pavilion for their tenants to utilize for outdoor dining. Staff believes this is an excellent concept by the property owners, but thought the City should take responsibility since it's a public street, and allowing the public and other businesses to utilize the area. Closing down side streets is common in other communities such as San Diego, Santa Barbara, and San Jose to name a few. On August 20, 2020, staff discussed a grant through the Economic Development Administration (EDA) for the closure of Lupine Lane. On August 21, 2020, Mr. Wilfred September 10, 2020 - Staff Report Request for Direction: Outdoor -Dining Page 3 of 4 Marshall with the EDA stated the project description would not qualify for the grant for the following reasons. 1. The project scale and projected cost of $70,000 is not large enough. The EDA has been issuing grants for projects ranging from $200,000 to $350,000. 2. The available grant money is at the end of the COVID program, and they currently have more applications than the available funds. The EPMA supported the concept of closing Lupine Lane if the City received funding from the grant. The EPMA stated that if the City did not qualify for the grant and had to use funding from the General Fund that the funds would be more appropriate and better utilized for the dining decks on El Paseo. City staff still believes that moving forward with transforming Lupine Lane into a public pavilion is a benefit to the community and merchants. It may also be a concept that could be readily implemented. Staff has had recent conversations with other community members about renting equipment and believes that there are vendors who can assist staff in designing a public space and who have tables, chairs, and other equipment available for rent. The City also has water filled barriers available at its maintenance yard. As the space has not been designed, the costs for rental are not available yet. When initially seeking the EDA grant staff estimated an approximate $70,000 for purchase of all materials. Other options, such as a City -led effort to close a parking or travel lane for a City constructed outdoor dining, also remain possible, although this particular option is not supported by the EPMA. This option may also be more challenging to implement than a closure of a side street due to potential conflicts between vehicular traffic and diners, which needs to be considered in the design. Whereas outdoor dining on a sidewalk is separated from vehicles by a vertical curb, there is not the same separation for outdoor dining in a parking or travel lane, and some form of a barricade is needed to create appropriate separation between the two uses. This may have the effect of reducing the aesthetic of the outdoor dining area while adding costs. Staff is seeking direction from the City Council on outdoor dining. This may be to continue with business -led solutions through a streamlined TUP process, or through some elevated role for a City -led response, such as temporarily transforming Lupine Lane into a public pavilion or pursuing the closure of parking or travel lanes for the City -led or business -led construction of dining decks. Should City Council direct some additional response beyond the streamlined TUP process that has already been developed, staff encourages Council to identify the level of funding it desires to commit and to delegate the development of more specific solutions to the economic development sub -committee. September 10, 2020 - Staff Report Request for Direction: Outdoor -Dining Page 4 of 4 Fiscal Analvsis There is no identified budget for a City -led delivery of any outdoor dining options. The costs depend on many variables, including the location, size, design, and duration of any selection. Depending on the direction to staff from the City Council, a corresponding budget appropriation will be needed from either the unobligated Economic Development Reserve Fund, the unobligated General Fund reserve (if any), or from one of the City's other committed General Fund reserves. LEGAL REVIEW RH Robert W. Hargreaves City Attorney DEPT. REVIEW FINANCIAL ASSISTANT CITY REVIEW MANAGER TZVAXK S 9--t -N -N11~ .Andy ,Fwestine Ryan Stendell Dir. of Community Development City Manager, Lauri Aylaian: *By Minute Motion: 1) Approve staff to streamline the Temporary Use Permit (TUP) process at no cost to an applicant to facilitate outdoor dining, including parking areas, dining decks, sidewalks, etc., during the COVID-19 pandemic in consultation with the Economic Development Subcommittee; 2) approve the concept of Lupine Lane street closure for creating an outdoor pavilion/food court; 3) authorize the use of the Unobligated Economic Development Reserve Fund to facilitate the outdoor dining proposal up to an amount not to exceed $70,000, if needed. Janet Moore Andy Firestine Director of Finance Assistant City Manager CITY COUNCILACCTION APPROVED V DENIED RECEIVED OTHER MEE G DATE. AYES:rn NOES - ABSENT: �mP ABSTAIN: o VERIFIED BY: Q Original on File with City Chlrk's Office Rocha, Grace Subject: FW: Web Site Inquiry ---------- Forwarded message --------- From: David Toltzmann <davidrtoltzmann(&,,LY_mail.com> �- Date: Sat, Aug 29, 2020, 8:54 PM Subject: Web Site Inquiry To: <info awcitvofi)almdesert.ora> Hi Lori, Hope this summer has been treating you well, and that you are happy and healthy. I walk on El Pasco each evening, round trip from my house is 5 miles. Walking during Covid19 has had its challenges. I really do my best to social distance. Most folks on El Pasco are not wearing masks, so I end up on the street walking, which is not all that safe. am really happy to see all the restaurants opening and adding tables to the side walks. They need to do what ver they need to do, to survive. ere is no room to walk on the sidewalk and social distance. Attached is a photo. laps we could open up the parking lane for pedestrians, or eliminate one of the driving lanes. is now, its not safe to walk. You, oltzmann ursera Way, Palm Desert, CA 92260 .!' 1 Rocha, Grace Subject: FW: Web Site Inquiry ---------- Forwarded message --------- From: David Toltzmann <davidrtoltzmann(a,=ail.com> Date: Sat, Aug 29, 2020, 8:54 PM Subject: Web Site Inquiry To: <info r(. ,,citvofnalmdesert.org> Hi Lori, Hope this summer has been treating you well, and that you are happy and healthy. I walk on El Paseo each evening, round trip from my house is 5 miles. Walking during Covid19 has had its challenges. I really do my best to social distance. Most folks on El Paseo are not wearing masks, so I end up on the street walking, which is not all that safe. I am really happy to see all the restaurants opening and adding tables to the side walks. They need to do what ever they need to do, to survive. There is no room to walk on the sidewalk and social distance. Attached is a photo. Perhaps we could open up the parking lane for pedestrians, or eliminate one of the driving lanes. As it is now, its not safe to walk. Thank You, David Toltzmann 72806 Bursera Way, Palm Desert, CA 92260 619 299 0608 1 I El