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
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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
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