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" �t.r,� + _., w3... 3 .. - � CITY OF PALM D DEPARTMENT OF COMMUNITY STAFF REPORT �L'1'id'M�� ! 6a' �.l��i..+ � eit•. e, . .........w+.. .�,�..,ww...�,.uw �, r�,.+w� , �e ....0 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: APPLICANT: CASE NO.: DATE: CONTENTS: Recommendation Kevin Swartz, Assistant Planner Cafe Des Beaux-Arts 73640 EI Paseo Palm Desert, CA 92260 ODP 13-210 November 14, 2013 Plans and Photo Exhibits 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. Backaround 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 Dep�rtment Head: � � - , �7 ��J � 1✓- Lauri Aylaian, rector of Community Development � �� � M. 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