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HomeMy WebLinkAbout2023 Updated Dining Deck Design GuidelinesNOVEMBER 16, 2023 1 OUTDOOR DINING DECK DESIGN GUIDELINES Amended November 16, 2023 July 29, 2021 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 2 TABLE OF CONTENTS PAGE 1.0 BACKGROUND ............................................................................................ 3 2.0 APPROVAL AND REVIEW STANDARDS ..................................................... 3 2.1 Insurance Requirements ................................................................... 4 3.0 ADMINISTRATION AND COMPLIANCE ...................................................... 9 3.1 Dining Deck Quarterly Checklist ........................................................... 10 4.0 SAFETY CRITERIA .................................................................................... 12 4.1 Street Design Criteria – Where Are Dining Decks Allowed .............. 13 4.2 Barrier Design .................................................................................. 14 4.2.1 Parallel Parking Area Protection.............................................. 15 4.2.2 Angled Parking Area Protection............................................... 15 4.2.3 Dining Deck Signage/Markings................................................ 17 4.3 Platform Threshold Design .............................................................. 18 4.4 Drainage Design .............................................................................. 19 4.5 Accessibility ..................................................................................... 20 4.6 Maintenance And Storage ................................................................ 22 5.0 AESTHETIC AND CONSTRUCTION GUIDELINES ......................................... 23 5.1 Deck Construction Standards ................................................................ 23 5.2 Aesthetic Standards .............................................................................. 25 5.2.1 Vertical Elements .................................................................... 25 5.2.2 Plant Material .......................................................................... 28 5.2.3 Deck Materials ........................................................................ 28 5.2.4 Overhead Covers .................................................................... 28 5.2.5 Lighting ................................................................................... 32 6.0 TEMPORARY USE PERMIT……………………………………………………….34 7.0 REVOCABLE LICENSE AGREEMENT…………………………………………..43 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 3 1.0 BACKGROUND In response to COVID-19, the State of California, similar to many other States throughout the country, implemented various procedures to mitigate the effects of the pandemic. Some of these procedures included restriction or closure of indoor activities, limited capacity in closed buildings, and the introduction of more outdoor dining. Many cities were faced with varying challenges, including the need to dedicate public space for the use of outdoor activities. The City of Palm Desert has taken an approach that allows outdoor dining through their “Outdoor Dining Deck” program. These extensions of the walkway allow for enhancement of the pedestrian environment, which can help make the street feel safer and more comfortable for people shopping, running errands, and accessing services in the City. Typically, a Dining Deck is a built platform that extends out from the sidewalk to the width of the adjacent parking space. These decks can be used for an expanded dining area or an area to re-route pedestrian travel around expanded outdoor dining on the public sidewalk. These guidelines are intended to be a “living document” due to the rapid development of this program. The City of Palm Desert is focused on safety, accessibility, and drainage in the design of these decks. As new regulations and developments occur, these guidelines will undergo periodic revisions. 2.0 APPROVAL AND REVIEW STANDARDS All dining decks must submit a Temporary Use Permit (TUP) Application annually for review and approval with the City’s Development Services Department. All submittals are to be prepared under the direction of and stamped by a licensed Architect or Civil Engineer. Applicants shall submit drawings, construction methods, site plans, and identify materials used in their dining deck design. Once received, City staff will review the TUP application and submit materials for compliance with the Dining Deck Guidelines. A revocable licenses agreement must also be completed upon approval of the TUP. Applicants will also need to provide the appropriate insurance coverage as required by the TUP. Insurance requirements are listed on the next page. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 4 2.1 INSURANCE REQUIREMENTS Certificate of Liability Insurance Reference • Verify the Named Insured matches the contract. • Always check the AM Best rating for the insurance companies listed. The insurer number must be shown in the left column by the coverage description. • General liability coverage box should be checked “occurrence.” The blank lines underneath must show any deductible or retention. • Boxes should either be checked or have a “Y” and an endorsement must be attached. • Boxes should either be checked or have a “Y” and an endorsement must be attached. • Verify the policy period shown covers the contract term. If not, have it reissued OR if the contract lasts beyond the expiration date, set up a reminder for a new certificate at renewal. • Limits should be at least $2M per occurrence, $4M general aggregate and $4M products-completed operations aggregate. • All endorsements must be attached to the certificate. • Public agency information shall match the contract. Endorsements: Additional Insured: Confirm the endorsement shows the Agency and all other persons required to be shown as insureds OR the endorsement says, “any person or organization as required by written contract.” Primary, Non-Contributory: Same as the additional insured endorsement. Waiver of Subrogation: Same as the additional insured endorsement. Updated certificates of insurance must be submitted to the Planning Department on or before expiration. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 5 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 6 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 7 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 8 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 9 3.0 ADMINISTRATION AND COMPLIANCE Beyond the licensing process, the extension of the program also entails a roll out of increased compliance standards. Staff will track and monitor dining decks more closely and implement quarterly dining deck inspections. Inspections will ensure that dining decks continue to be maintained at the highest safety standard. Staff will work with dining deck operators to bring any deficiencies to code within a reasonable amount of time. If the operator does not comply within the documented time, removal of the dining deck will be requested. Any dining deck working to bring deficiencies up to standard will be inoperable until all deficiencies have been resolved and final approval from the City has been given. Any alterations or modifications must be submitted to the City’s Planning Department, prior to work commencing. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 10 3.1 DINING DECK QUARTERLY CHECKLIST AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 11 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES NOVEMBER 16, 2023 NOVEMBER 16, 2023 12 4.0 SAFETY CRITERIA Many factors go into selecting whether or not a business can implement a Dining Deck; however, these factors are routed in the general public’s welfare and safety while maintaining the ability for safe and efficient motoring. In addition, accessibility and drainage are two other key considerations. As time progresses, the City of Palm Desert maintains a progressive approach as to how to implement this program. This section documents what businesses can take advantage of the Dining Deck program. The City intends to allow this to continue beyond the COVID-19 restrictions and going forward into the future. Many aspects must be reviewed, as there are many departments of the City that must be involved. Planning/Engineering The Planning/Engineering Division implements the policies and objectives of the community that are set forth in the City of Palm Desert’s General Plan, Zoning Ordinance, and Specific Plans. The Planning/Engineering Division also reviews new development proposals to ensure that the City’s design and development standards, and goals and policies are executed in the development of the City. Building and Safety The Building and Safety Division is dedicated to providing the highest level of code compliance, inspection services, and plan review to every architect, engineer, developer, contractor, business, and property owner that resides or works within our community. The Division strives to demonstrate fairness, equality, and the highest standard of professional ethics in providing our services while enforcing state construction laws and local ordinances that protect our citizens. The City of Palm Desert adopted its first building code in 1973. Public Works The Public Works Department is responsible for the planning, design, construction, operation, and maintenance of the City’s infrastructure including streets, sidewalks, storm drains, traffic signals, and landscaping. The department also oversees graffiti removal, engineering review of land development plans, and implementation of City-funded improvement projects. Each of the above-listed departments has a vested interest in the development of the Dining Decks. Each business must submit a Temporary Use Permit application should they wish to participate in the program, and a copy of the permit has been attached in the appendices of this document. In addition, the application can be obtained from the City of Palm Desert’s website. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 13 4.1 STREET DESIGN CRITERIA – WHERE ARE DINING DECKS ALLOWED In order to maintain safety for both the pedestrian as well as the motoring public, the City of Palm Desert has determined certain criteria in which they will allow dining decks. Below is a summary of the minimum requirements. Table 1: Dining Deck Selection Criteria Allowed Will need to be reviewed on a case- by-case basis Prohibited 25 mph Roadway X 30 mph (and over) Roadway X Red Zones X Red Zones by Fire Hydrants X Yellow Zones X White Zones X Green Zones X Travel Lanes X Within 40’ of a Corner (Measured from BCR/ECR) X At an Intersection (i.e. Tee Intersection) X Parking Lane of 8’ or more X Parking Lane under 8’ X X Angled Parking Stalls X Bike Lane/Bike Facility X AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 14 4.2 Barrier Design The City of Palm Desert is committed to the safety of its pedestrians and motoring traffic, and for this reason, Dining Decks shall be protected using standard K-Rail available from construction supply businesses. These barriers can be composed of concrete or durable plastic materials intended to be filled with water to provide a solid barrier between the vehicular traffic and the dining decks. The only exception is no concrete barricade or K-Rail should be installed facing the travel direction. K-Rail are sometimes referred to as Jersey Barriers. At a minimum, barriers must be 36-42 inches high; not easily moved, altered, or stolen; stable and sturdy enough not to fall over or be pushed over (must withstand 250lbs of force). Concrete K-rail Plastic K-rail filled with water. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 15 4.2.1 PARALLEL PARKING AREA PROTECTION In order to eliminate a blunt edge, the City of Palm Desert is recommending that an approximate 10-foot-long transition be created using K-Rail on the approach side of the dining deck. Parallel to the travel lanes, between the deck and the travel lane, a solid K-Rail barrier shall be provided. On the departure side of the deck, a single K-Rail shall be placed in order to prevent cars from backing up during a parking maneuver from colliding with the deck. As an additional safeguard, a parking wheel stop shall be provided, 4 feet from the last K-rail to further protect the dining deck from someone backing up into a parking stall. It is also an option to provide this on the approach side of the dining deck. All parking wheel stops should be bolted into the street. The City shall work with the applicant to obtain appropriate payments for future improvements once the dining deck is removed. Parking wheel stop 4.2.2 ANGLED PARKING AREA PROTECTION Similar to the parallel parking area Dining Deck, the use of K-Rail shall be implemented to protect Dining Decks placed in angled parking stalls. Since these areas tend to have a greater depth, the decks should be placed at the end of the stall and outside of the traveled way. A conceptual layout has been provided in Figure 1. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 16 Figure 1: Dining Deck Parking Area Protection AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 17 4.2.3 DINING DECK SIGNAGE/MARKINGS Dining decks should include a Type E Flexible Base Delineator on the upstream and downstream side of the k-rail. In addition, a single white reflective tab shall be placed in the middle of each k-rail parallel to the path of travel. The tab shall be installed such that vehicles approaching can see the tab. Type E Flexible Base Delineator Single White Reflective Tab AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 18 4.3 PLATFORM THRESHOLD DESIGN The Dining Deck platform serves as the foundation for the outdoor space and, as such, must be designed of durable materials that can withstand inclement weather and handle the wear and tear of the elements and regular pedestrian traffic. The platform deck shall be designed in accordance with appropriate ADA and California Building Code Chapter 11B. As such, the City of Palm Desert recommends that the platform shall be level with the existing sidewalk (or within ¼”) and a gap no larger than ½” exists between the curb face and the proposed deck. Any vertical difference over ¼” shall be beveled with a 1:4 (25%) slope. Platforms shall not be bolted to the existing pavement or concrete improvements. If bolting is proposed, the City shall work with the applicant to obtain appropriate payments for future improvement replacement. Please refer to the Safety Guidelines for more detailed information about thresholds. If the deck is above the height of the curb, a code-compliant handicap-accessible ramp must be provided. All exposed deck edges are to be clad in a 2x wood material with a metal angle on the edge (see Diagram 3 below) or be totally clad in metal and finished with a paint color that meets with City staff approval. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 19 4.4 DRAINAGE DESIGN In general, most Dining Decks are constructed against an existing curb and gutter, and such local drainage should be taken into account. Impeding of the flow of surface water could cause ponding and potential flooding of the deck creating a hazard for pedestrians and the motoring public. As such, a 6” x 6” minimum clear gutter space must be provided along the entire length of the Dining Deck adjacent to the curb. Openings at either end may be covered with screens to prevent debris buildup underneath the deck and in the gutter. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 20 4.5 ACCESSIBILITY Dining decks shall be designed in accordance with current Americans with Disabilities Act and Chapter 11B of the California Building Code. This means that no sidewalk shall be interrupted at any time and a 5ft. clear travel path shall be maintained at all times. SAMPLE DINING DECK AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 21 SAMPLE DINING DECKS (https://www.giffelswebster.com/dining-platforms-and-parklets-in-parking-spaces/) AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 22 4.6 MAINTENANCE AND STORAGE • Business owners and outdoor dining deck operators shall keep the outdoor dining space clean and free of debris. Outdoor dining furniture, restaurant equipment, or appliances are not permitted to be stored in the outdoor dining space or in the public right-of-way. • The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition at all times. Regular cleanup of trash and debris shall be the responsibility of the business owner. • Advertising is not permitted. This includes Logos, advertising, and other branding is prohibited. • The outdoor dining area shall maintain designated ingress and egress points and shall always keep them clear and accessible. • All landscaping and potted trees shall be well-maintained and kept free of litter and debris. • The City’s Planning Department must be contacted regarding any minor/maintenance issues that arise. Outdoor dining deck operators will have 48 hours to draft a plan and timeline that addresses all issues. • If the City determines that a dining deck is a safety hazard to either drivers or diners, the dining deck must be removed or repaired immediately. Any dining deck not repaired within 24 hours will be removed by the City and all charges associated with the removal will be the responsibility of the business owner. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 23 5.0 AESTHETIC AND CONSTRUCTION GUIDELINES The intent of the aesthetic and construction guidelines for outdoor dining decks is to establish design and construction methods that will result in decks that are both safe and aesthetically pleasing for the public. The aesthetic and construction guidelines outline a minimum standard and are not intended to stifle creativity. All submittals will be reviewed on a case-by-case basis and will be deemed acceptable (or not acceptable) based on architectural merit, safety, and compliance with these design guidelines. Dining decks are meant to provide additional outdoor seating options for patrons and add another layer of interest to the street scene. 5.1 DECK CONSTRUCTION STANDARDS Decks may use one of the following construction methods: OPTION 1: A 2x4, 2x6, or 2x8 pressure treated wood covered with a 5/8” minimum marine grade plywood subfloor. The plywood is to be screwed, not nailed, into the 2x members. The finish may be a non-slip tile or an outdoor carpet. An adequate street drainage system needs to be provided adjacent to the curb. This could be either an open space or metal tube below the deck, or wood framing adjacent to the curb could be raised off the street high enough to allow for stormwater to pass underneath it. See Diagram 1 below. Diagram 1 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 24 Ideally, the top of the deck would be at the same elevation as the top of the curb for an easy transition. This is preferred and encouraged. If the deck is at the same elevation as the curb, provide a suitable metal threshold. See Diagram 2 below. Diagram 2 DIAGRAM 3 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 25 OPTION 2: Brick pavers over a sand sub-base, over gravel, over two layers of 3 mil vis queen. The top of the brick pavers are to be flush with the top of the curb. The edges of the deck, other than on the curb side, are to be finished with a steel angle or plate. Corners of the steel edging may be connected with steel angles (on the inside) and bolts. The vis queen should extend up the inside vertical face of the edges, except on the curb side. Street drainage is to be provided with a plate steel tube adjacent to the curb. The top of the tube is to be flushed with the top of the pavers and the top of the curb. This can also be designed so that the top piece is removable plate steel that drops into place. See Diagram 4 below. DIAGRAM 4 4.0 AESTHETIC STANDARDS 4.0.1 VERTICAL ELEMENTS As outlined in the Safety Criteria, K-rail or water-filled barricades shall provide the base for the vertical elements. These barriers shall be covered with acceptable materials so that they are not visible. Acceptable cover materials include, but are not limited to metal, ceramic tile, stone, cementitious products, etc. Some of these materials may be applied over a boxed out sub- frame that fits over the K-rail, or water-filled barriers (see Diagram 5 below). Unlike Diagram 5 however, it is preferred that the entire barrier is covered with the finish material. The acceptability of any material is subject to review. This is because different materials have various levels of quality and attractiveness. They also can be applied in a variety of ways, some of which may be more attractive than others. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 26 The following vertical barrier materials would generally not be deemed acceptable: Vinyl pickets or lattice work, painted wood pickets, plastic sheets, fabrics. DIAGRAM 5 Other possible vertical barrier options are 3-dimensional plate steel forms that could be exposed or clad with an acceptable finish material. These forms could be filled with soil and plant material with an appropriate drainage system to serve as a weighted barrier. Another option for these plate steel forms would be to fill them with gravel to a certain level and then top them off with tightly spaced plants in pots or plastic containers. The containers would need to be hidden below the top edge of the form so that only the plant material is visible. See Diagrams 6 & 7 below. DIAGRAM 6 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 27 DIAGRAM 7 Other “heavy” elements could be considered on a case-by-case basis, such as concrete forms (see Diagram 8 below) or large pots filled with soil. DIAGRAM 8 Small openings between solid barriers may be permitted. These openings would need to be separated from the street with horizontal cable rail, steel dowels, or some other material that is deemed aesthetically attractive and acceptable by Staff. This material cannot have any space large enough to allow a 4” sphere to pass through (see Diagram 9). Material selection and methods of application will be reviewed by Planning Staff. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 28 DIAGRAM 9 4.0.2 PLANT MATERIAL Plant material is highly encouraged and recommended. Plant material must be natural and would be subject to approval by City Staff. 4.0.3 DECK MATERIALS Brick pavers and framed plywood decks covered with non-slip tile or outdoor carpeting are acceptable. Note, tiles and outdoor carpeting are acceptable as a material; however, it will be reviewed on an individual basis for aesthetic acceptability. Artificial turf is not acceptable. 4.0.4 OVERHEAD COVERS Extremely long, continuous covers are discouraged. Covers should be broken up to provide a more “playful” composition and aesthetic quality. Overhead Covers may consist of the following: 1. Portable umbrellas of a style and color that is deemed to be acceptable by City Staff. See Diagram 10 below. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 29 DIAGRAM 10 2. Engineered umbrellas that require a fixed engineered base. See Diagram 11 below. DIAGRAM 11 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 30 3. Engineered canvas covers that are connected to the building or to trees. Connection methods need to be engineered and clearly illustrated to determine aesthetic acceptability. See Diagram 12 below. DIAGRAM 12 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 31 4. Pre-engineered canvas covers with metal poles of a style and color that is deemed to be acceptable by City Staff. See Diagram 13 below. Metal poles would need to be secured by bolting into the deck base or providing aesthetically acceptable concrete piers. Sandbags are not acceptable. DIAGRAM 13 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 32 4.0.5 LIGHTING Lighting may consist of the following: 1. Overhead electrical wiring is not permitted, nor is any electrical wiring across the sidewalk. Market style LED lighting which may be strung from nearby trees and/or connected to poles and/or connected to pre-engineered canvas covers. See Diagram 13 below. DIAGRAM 13 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 33 2. Lantern style lighting. See Diagram 14 below. 3. Artificial battery-operated candles. See Diagram 14 below. DIAGRAM 14 Lighting should be 3000 to 2700 Kelvin or warmer. Lighting brightness would be at the discretion of the Planning Staff, but generally, light sources should not cause an unpleasant glare and especially not to someone that is not in the deck area. AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 34 5.0 TEMPORARY USE PERMIT (TUP) City of Palm Desert Temporary Use Permit Outdoor Business Expansion Application CITY OF PALM DESERT DEPARTMENT OF DEVELOPMENT SERVICES 73510 Fred Waring Drive, Palm Desert, California 92260 Phone (760) 776-6479 ▪ Fax (760) 776-6417 ▪ planning@palmdesert.gov PLANNING APPLICATION – TEMPORARY USE PERMIT FOR OUTDOOR DINING DECKS Page 1 of 8 Revised DRAFT 11/3/2023 Submit this completed Temporary Use Permit for Outdoor Dining Decks Planning Application Form, along with a signed Applicant-Property Owner Signature Form, and an applicable Supplemental Requirements Handout. Applicants shall review the Outdoor Dining Deck Design Guidelines, found on the City’s website here. A. APPLICATION INFORMATION Business Name: Business Address/Location: Assessor’s Parcel Number: Project Description: B. APPLICANT CONTACT INFORMATION Name: Phone: Mailing Address: City: State: Zip: Email: C. PROPERTY OWNER INFORMATION Name: Phone: Mailing Address: City: State: Zip: Email: Please Send Correspondence to (Check One): ☐Applicant ☐Property owner CITY OF PALM DESERT PLANNING APPLICATION Page 2 of 8 D. OWNER CERTIFICATION / AUTHORIZED AGENT I certify that under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application, and I am authorizing and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Palm Desert, if any, may result in restrictions, limitations , and construction obligations being imposed on this real property. Owner/Authorized Agent Signature*: Date: Print Name: ☐ Check this box if there are additional persons or entities who have an ownership interest in the subject property or properties that comprise this Application and complete additional property owner sheets. *An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Any off-site work identified on the plans must be accompanied by a statement of authorization with a notarized signature of the subject property owner. E. APPLICANT CERTIFICATION I certify that I have read this application packet in its entirety and understand the City’s submittal and review process and the requirements for this application. I further certify that each application item submitted as part of this application is consistent with the minimum required contents for that item as described in the submittal checklist. I understand and agree , if during the processing of the application, it is determined the information does not strictly meet such standards or contains errors or omissions, clarification and/or supplemental information may be required and the preparation of such information may be considered, in the Development Services Director’s or his/her designee’s judgment, an unreasonable delay and will result in a suspension of processing time limits as may apply pursuant to California Government Code Section 65943, California Code of Regulations, Title 14, Section 15109, or other applicable law. Applicant’s Signature: Date: Print Name: CITY OF PALM DESERT PLANNING APPLICATION Page 3 of 8 Revised DRAFT 11/3/2023 The following instructions are intended to provide the necessary information and procedures to facilitate the processing of a Temporary Use Permit for a Temporary Outdoor Dining Deck Application. Cooperation with these instructions will ensure that the application can be processed in the most expeditious manner possible. SECTION I – APPLICATION SUBMITTAL REQUIREMENTS APPLICATION SUBMITTAL REQUIREMENTS - FIRST SUBMITTAL (COMPLETED BY APPLICANT AND VERIFIED BY STAFF AT INTAKE) Su b m i t t e d Co m p l e t e Each item listed below is required for submittal unless a waiver is granted by City Planning Staff. Any waiver must be confirmed by initialing the form by the staff person granting the waiver. Refer to Section B for the minimum required information on each item. Number of physical copies Electronic Submittal Waiver granted (Staff Initials) APPLICATION INFORMATION Planning Application Form 0 1 Site Photographs 0 1 PLAN SET Index Sheet 0 1 Site Plan 0 1 Construction Plan 0 1 Exterior Lighting Plan 0 1 Color and Materials Board 1 1 Furniture Schedule 0 1 SUPPLEMENTAL REQUIREMENTS Operations Plan 0 1 Revocable License Agreement 1 1 Insurance 1 1 FEES Application Fees Paid* *Payable to City of Palm Desert once minimum submittal requirements are met. Submittal waivers may be obtained through staff consultation. No applications will be accepted by mail. The preparation of the Application shall conform with all of the requirements outlined in the “Outdoor Dining Deck Design Guidelines” found on the City of Palm Desert’s website: Outdoor Dining Deck Design Guidelines CITY OF PALM DESERT PLANNING APPLICATION Page 4 of 8 Revised DRAFT 11/3/2023 SECTION II – SUBMITTAL ITEMS CHECKLIST REQUIRED AT TIME OF APPLICATION SUBMITTAL 1. APPLICATION The Planning Application form must be completed including the project description, requested information, and ownership signatures. 2. SITE PHOTOGRAPHS The submittal shall include high-resolution photographs taken a minimum of 30 days prior to the application submittal, showing the existing site condition, panoramic views, and site-specific characteristics and/or unique features. 3. Plan Set A complete Plan Set shall be submitted to the Planning Division. All digital submittals shall be submitted through the City’s planning permit portal in pdf format. Information on where and how to submit can be found here: Planning Permit Portal Physical submittals shall be submitted upon request. Full size plans, when required, shall be neatly folded so that the size does not exceed 9” by 12” and shall have the title block facing outwards. Plans which do not adhere to these requirements shall be rejected. Required Order of Plan Set Contents: 1. Index Sheet 2. Site Plan 3. Construction Plan 4. Exterior Lighting Plan 5. Color and Materials Board 6. Furniture Schedule Additional items may be required upon request from City of Palm Desert staff to better assess conformance with all standards. These items include, but are not limited to: Line of sight diagrams, finish details, materia l specifications, screening information, etc. These additional items will be requested during the project’s completeness review. Each exhibit shall be prepared to include the following information at minimum: 1. Index Sheet – This exhibit summarizes the project information and shall include the following: • Title Block • Name of Project o Plan Sheet Identification Number o Initial date of drawing and any subsequent revisions o Name, address, and phone number of the property owner, applicant, and/or authorized agent o Name, address, and phone number of the person preparing the exhibit. Shall be prepared under the direction of a licensed architect or Civil Engineer. CITY OF PALM DESERT PLANNING APPLICATION Page 5 of 8 Revised DRAFT 11/3/2023 o Exhibit Amendment block, which shall be used to notate any changes to the proposed project during the review process. • Data Table o Project Address and/or cross streets o Assessor's Parcel Number(s) o Existing General Plan Designation (and proposed, if applicable) o Existing Zoning Designation (and proposed, if applicable). o Total Dining Deck Footprint expressed in square-feet • List of Plan Sheets • Vicinity map showing site relationship to roads and highways 2. Site Plan Sheet Site Plan needs to demonstrate compliance with Sections 4.0 Safety Criteria and 5.0 Aesthetic Construction Guidelines of the Outdoor Dining Deck Guidelines and shall include the following: • Title block located in the lower right-hand corner of the map which contains the following information and is readily visible when folded: o Name of project o Plan name and sheet identification number o Initial date of drawing and any subsequent revisions o Name, address, and phone number of the property owner, applicant, and or authorized agent o Name, address, and phone number of the person preparing the exhibit o Exhibit Amendment block, which shall be used to notate any changes to the proposed project during the review process. • Graphic Scale (Engineering Scale not to exceed 1" = 30') • North arrow • Location(s) and Dimension(s) of all: o Property lines o Location of all structures o Fully dimensioned subject parcel boundaries o Proposed Dining Deck, labeled with dimensions o Proposed location(s) of all furniture on the dining deck, including tables, chairs, and umbrellas. Plan shall include dimensions of distances between chairs and tables. o Dimensions of adjacent sidewalk o Distance between proposed dining deck and closest parking stall(s) and travel lane o Location and dimensions of safety barriers, in conformance with Section 4.0 of Outdoor Dining Deck Guidelines o Structures and building footprints, including any building projections. o Existing/proposed Landscape areas and planters. Identify species of shrub/tree. o Typical parking space, parking dimensions including striping. o Pedestrian pathways, including ADA horizontal path of travel from restaurant to dining deck and for pedestrians passing through. o Parking bumper or tire guard locations and distance from tire guard(s) to o Trash cans/enclosures o Any Fire hydrants onsite and within 500’ of the project site o Location of existing public utility, easements, transmission lines, and/or power and telephone poles on or abutting the property. • Name, location and dimension of all adjacent public and private streets CITY OF PALM DESERT PLANNING APPLICATION Page 6 of 8 Revised DRAFT 11/3/2023 • Location of all street, parking, and pedestrian lights 3. Construction Plan Sheet Construction Plan needs to demonstrate compliance with 5.0 Aesthetic Construction Guidelines of the Outdoor Dining Deck Guidelines and shall include the following: • Construction Methods for dining deck, following either Option 1 or Option 2 as shown in Section 5.0 of the Outdoor Dining Deck Guidelines • Drainage Plan. A 6” x 6” minimum clear gutter space must be provided along the entire length of the Dining Deck adjacent to the curb. • Plan for installation of safety barriers, including any K-Rail and vehicular parking stops • Installation methods for any overhead covers 4. Exterior Lighting Plan: Lighting Plan shall comply with Section 4.0.5 Lighting of the Outdoor Dining Deck Guidelines and include, at a minimum, the following: • Installation methods and location for any outdoor lighting • Identification of any existing lighting to be used for lighting of outdoor dining deck • A description of the outdoor light fixtures including a manufacturer cut sheet, product specifications, and shielding information for each lighting fixture 5. Color and Materials Board: The intent of the Color and Materials Sample Board is to provide an accurate representation of the major exterior materials to be used on the project including colors and textures. Physical materials shall be mounted to a board or sheet (maximum size of 8” x 13” by 3/8” thick) containing precise color swatches and material samples that shall show the following: • Samples of overhead cover materials (a photo sample may be used, if approved by City staff). • Samples of all dining deck materials (a photo sample may be used, if approved by City staff). • Samples of all paint colors (actual manufacturer’s sample with color name and identification number) • Samples of decorative paving or flooring treatments (a photo sample may be used, if approved by City staff). 6. Furniture Schedule: The intent of the Furniture Schedule is to provide an accurate representation of the furniture to be used on the dining deck. Applicant shall provide information on all proposed furniture including tables, chairs, umbrellas, planters, and decorative elements. Information shall include: • Photograph samples of proposed furniture • Schedule listing quantities of each piece of furniture. (Ex: five (5) tables, ten (10) high top chairs, ten (10) dining chairs) • Manufacture specifications. Applicant can provide website link providing information on the furniture. Specifications shall include dimensions of furniture (height, width, length) and material information. 4. STATEMENT OF OPERATIONS (typed document, if handwritten, must be legible) CITY OF PALM DESERT PLANNING APPLICATION Page 7 of 8 Revised DRAFT 11/3/2023 The primary purpose of the statement of operations is to offer detailed insight into how the dining deck will be used and its potential impact on the surrounding community. The statement of operations should provide City staff with the logistical plans of the dining deck and shall be consistent with Outdoor Dining Deck Guidelines. Statement of Operations shall include, but not be limited to, information on: Days/Hours of use, daily plans for storage of outdoor furniture, maximum number of people dining within deck, and operations plan for wrap up each night. Statement of Operations shall provide City staff with a contact person(s) responsible for operations of the dining deck, who may be contacted for any questions, comments, or concerns. 5. Revocable License Agreement Applicant shall complete a Revocable License Agreement upon approval. Agreement will be provided by City staff. 6. Insurance Requirements Insurance shall conform with Section 2.1 of the Outdoor Dining Deck Guidelines, and include the following: • Certificate of Liability Insurance • Verify the Named Insured matches the contract. • Always check the AM Best rating for the insurance companies listed. The insurer • number must be shown in the left column by the coverage description. • General liability coverage box should be checked “occurrence.” The blank lines • underneath must show any deductible or retention. • Box should either be checked or have a “Y” and an endorsement must be attached. • Box should either be checked or have a “Y” and an endorsement must be attached. • Verify the policy period shown covers the contract term. If not, have it reissued OR if • the contract lasts beyond the expiration date, set up a reminder for a new certificate • at renewal. • Limits should be at least $2M per occurrence, $4M general aggregate and $4M products- completed operations aggregate. • All endorsements must be attached to the certificate. • Public agency information shall match the contract. • Endorsements: o Additional Insured: Confirm the endorsement shows the Agency and all other persons required to be shown as insureds OR the endorsement says “any person or organization as required by written contract.” • Primary, Non-Contributory: Same as the additional insured endorsement. • Waiver of Subrogation: Same as the additional insured endorsement. Updated certificates of insurance must be submitted to the Planning Department on or before expiration. SECTION III – PROCEDURES 1. Schedule a time to discuss the event location and logistics with Planning Division staff and other City departments for project requirements, including necessary application submittals. 2. Submit a complete application, with all sets of required plans and appropriate fee to the Department of Development Services for staff review. Staff will review the application and determine if it is complete within CITY OF PALM DESERT PLANNING APPLICATION Page 8 of 8 Revised DRAFT 11/3/2023 1-2 days from the date the application is submitted. Staff will not process the application if it is deemed incomplete. After the application is deemed complete, staff will circulate the project to other City departments and local agencies for comments and conditions. 3. Staff will return comments and conditions within two weeks, upon which the applicant may need to submit additional documents. These documents will be forwarded to the necessary reviewers as soon as possible to see if it satisfies their requests. Once the review is deemed complete, Staff will generate a permit approval letter with conditions of approval within 1-2 days. SECTION V – FREE RESOURCES • https://www.google.com/maps - aerial imagery for site plan • https://www.nearmap.com/us/en - high-definition aerial imagery for site plan, can be requested from Planning Division • https://www.canva.com/ - tool for marking up site plan • https://paint.sumo.app/ - tool for marking up site plan AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 43 City of Palm Desert DRAFT REVOCABLE LICENSE AGREEMENT AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 44 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 45 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 46 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 47 AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES OCTOBER 26, 2023 NOVEMBER 16, 2023 48