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DEPARTMENT OF COMMUNITY D �°`���`�"��```�`'"`�'���`�
STAFF REPORT
REQUEST: CONSIDERATION OF APPROVAL TO ALLOW AN OUTDOOR
DINING AREA TO ENCROACH INTO THE PUBLIC RIGHT-OF-WAY
ALONG LARKSPUR LANE SUBJECT TO THE BUSINESS OWNER
PROVIDING CERTAIN FA�ADE IMPROVEMENTS, INCLUDING A
NEW AWNING, NEW PATIO RAILING, NEW PATIO FURNITURE,
AND CONCRETE PLANTERS WITH UMBRELLAS FOR CAFE DES
BEAUX-ARTS LOCATED AT 73640 EL PASEO
SUBMITTED BY: Kevin Swartz, Assistant Planner ���,�,�����,�,���_� �d�
APPLICANT: Cafe Des Beaux-Arts ����-�����°��l��C���f .��
73640 EI Paseo
Palm Desert, CA 92260 � P������0�o��R��<��� �,�������
CASE NO.: ODP 13-210
DATE: November 14, 2013
CONTENTS: Pians and Photo Exhibits
Recommendation
By Minute Motion: Allow the applicant to create an outdoor dining area 6' from
back of curb along Larkspur Lane provided that they construct fa�ade
improvements including a new awning, new patio railing, new patio furniture,
and concrete planters with umbrellas for Cafe Des Beaux-Arts, subject to the
applicant receiving design approval from the Architectural Review
Commission, and providing an acceptable phasing plan for the construction of
the outdoor dining area.
Executive Summary
On January 10, 2013, the City Council approved design guidelines for the EI Paseo
shopping district establishing design standards for restaurants wanting to encroach into the
public right-of-way to provide outdoor dining. Cafe Des Beaux-Arts is located on the
northeast corner of EI Paseo and Larkspur Lane, with the majority of the building and main
entrance fronting on Larkspur Lane. The applicant is proposing an outdoor dining area
along both EI Paseo and Larkspur Lane. The proposed outdoor dining along EI Paseo
meets the design guidelines. The proposed outdoor dining area along Larkspur Lane was
not included as part of the EI Paseo shopping district design standards. This approval would
Staff Report
Case No. ODP 13-210 Cafe Des Beaux-Arts
Page 2 of 4
November 14, 2013
allow the outdoor dining area to be uniform along the exterior of the building, and to capture
additional pedestrian traffic. Due to the City Council's abbreviated meeting schedule in
November and December, this request is before the City Council prior to receiving
Architectural Review Commission (ARC) approval. If the request for the outdoor dining is
denied by the Council, then the applicant would have to redesign the plan to exclude the
larkspur frontage. If the request is approved, staff would present the design to the ARC for
their consideration.
Architectural Review Commission Action
On October 22, 2013, the Architectural Review Commission continued the discussion of a
new outdoor dining patio extension along EI Paseo and Larkspur Lane. The Commission
had concerns with the existing patio grade, railing material, handicap accessibility, and the
location and irrigation of concrete planters. The Commission also continued the discussion
to allow the applicant to request approval from the City Council for the encroachment into
the public right-of-way: the patio extension would project 6' into the 12' foot right-of-way,
leaving it 6' from back of curb along Larkspur Lane. The project was continued on a 7-0-0-1
vote, with Commissioner Lambell absent.
BackQround
A. Property Description:
The property is located on the northeast corner of EI Paseo and Larkspur Lane. The
building currently does not have any outdoor dining along the sidewalks.
B. Zoning and General Plan Designation:
Zone: C-1, S.P., General Commercial, Scenic Preservation Overlay
General Plan: C-C, Community Commercial
C. Adjacent Zoning and Land Use:
North: C-1, S.P., General Commercial, Scenic Preservation Overlay
South: C-1, S.P., General Commercial, Scenic Preservation Overlay
East: C-1, S.P., General Commercial, Scenic Preservation Overlay
West: C-1, S.P., General Commercial, Scenic Preservation Overlay
D. Outdoor Dining Permit:
On January 10, 2013, the City Council approved design guidelines for the EI Paseo
shopping district establishing design standards for placement of art, street
furnishings such as benches and trash receptacles, umbrellas, canopies, sidewalk
clearances, and other aesthetic elements along EI Paseo. The approval also allows
restaurants on EI Paseo to encroach into the public right-of-way in order to provide
outdoor dining.
G:\Planning\Kevin Swartz\Word\Cafe Des Beaux-Arts\City Council Staff Report Final.doc
Staff Report
Case No. ODP 13-210 Cafe Des Beaux-Arts
Page 3 of 4
November 14, 2013
Proiect Description
The applicant is proposing to extend the existing patio areas along EI Paseo and Larkspur
Lane. The dining along EI Paseo comports to the newly-established program, and can be
approved at a staff level. The proposed patio would be 6' from back of curb along Larkspur
Lane, which is outside the scope of the Outdoor Dining Permit program. The applicant is
proposing seven, two-top tables and 10 concrete planters with umbrellas along Larkspur
Lane. The concrete planters with umbrellas would be located adjacent to each chair. Each
table is a 24" folding aluminum black table by "Grosfillex", and each chair is a Havana
Classic espresso chair by "Grosfillex". The terracotta concrete planters with umbrellas are
14" x 18" in size and 2'-2" in height. The applicant is proposing seasonal floral plant material
inside the planters. The proposed umbrellas are pacific blue and 7' in height.
The new patio railing along Larkspur Lane would be 2' from back of the existing white
railing. The new patio railings are 3' in height, and consist of custom made wrought iron with
3" rust finish posts. The existing white railings would be paint to match the new railings. The
sidewalk along Larkspur Lane slopes down towards Highway 111, and the tables would be
placed along the grade.
The applicant is also proposing to remove the existing green awning and replace it with a
new metal mansard roof over the existing structure. The new metal fascia would maintain a
rust-colored finish, which would match the existing and new patio railings.
Analvsis
The proposed outdoor dining area along EI Paseo complies with the approved design
guidelines for the shopping district. However, the City Council would have to approve the
proposed outdoor dining area of 6' from back of curb along Larkspur Lane.
The City Council approved the EI Paseo shopping district design guidelines allowing
restaurants to use public space for outdoor dining.
Without outdoor dining along Larkspur Lane, the restaurant would only accommodate two
two-top tables totaling four chairs on EI Paseo. Staff believes that allowing the outdoor
dining along Larkspur Lane 6' from back of curb would capture pedestrian traffic and is in
keeping with the intent of the EI Paseo shopping district design guidelines.
Currently, there is 12' from back of curb to the existing building along Larkspur Lane. The
outdoor dining along Larkspur Lane is proposed at 6' from back of curb, without which there
is not sufficient space to accommodate the tables and chairs. Staff believes that the
sidewalk along Larkspur Lane is not heavily traveled. Reducing the sidewalk to 6', which is
comparable in width to the majority of sidewalk widths throughout the City, would not
adversely impact pedestrian traffic flow or safety. Unlike EI Paseo, 8' clear sidewalk widths
are not necessary to accommodate large numbers of strolling shoppers on Larkspur.
Although greater sidewalk width would enhance pedestrian comfort, staff believes that 6' of
sidewalk width is adequate in this location, and that the Cafe des Beaux Arts exterior is
G:\Planning\Kevin Swartz\Word\Cafe Des Beaux-Arts\City Council Staff Report Final.doc
Staff Report
Case No. ODP 13-210 Cafe Des Beaux-Arts
Page 4 of 4
November 14, 2013
dated and in need of renovation. Allowing the business owner to encroach into the public
right-of-way in exchange for upgrading the fa�ade of the building is a cost effective,
mutually beneficial way to benefit both the City and the business.
The applicant is proposing to phase the project. Phase One consists of the outdoor dining
along EI Paseo, and Phase Two consists of the outdoor dining along Larkspur Lane. Staff
recommends that the applicant be required to submit a phasing plan including a time-frame
for when the work would occur. If the applicant doesn't begin construction as identified in
the phasing plan, then the outdoor dining permit could be revoked.
Staff believes the new design of the outdoor dining areas including the furnishings, concrete
planters with umbrellas, patio railings and awning is well suited for the building and will
enhance the overall appearance of the restaurant.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine
whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA,
staff must conduct a preliminary assessment of the project to determine whether the project
is exempt from CEQA review. If a project is not exempt, further environmental review is
necessary. Further review from a non-exempt project would result in a Negative
Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR).
Generally, an EIR must be prepared if a project may have a significant impact on the
environment. In this case, the proposed project would be a Class 3: New Construction or
Conversion of Small Structures (15303) Categorical Exemption for purposes of CEQA and
no further review is necessary.
Fiscal Analvsis
Approval of this staff report may increase restaurant sales by providing additional seating,
which would increase sales tax.
Submitted B :
�
Kevin Swartz, Assistant Planner
De rtment Head:
�
Lauri Ay aian, rector of Community Development
ppr v :
n M. Wohlmuth, City Manager
G:\Planning\Kevin Swartz\Word�Cafe Des Beaux-Arts\City Council Staff Report Final.doc
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