HomeMy WebLinkAboutAmended Dining Deck Design Guidelines
OCTOBER 26, 2023 1
OUTDOOR DINING DECK DESIGN GUIDELINES
Amended November 16, 2023
July 29, 2021
AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES
NOVEMBER 16, 2023
OCTOBER 26, 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
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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.
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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.
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AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES
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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 c ode
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.
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3.1 DINING DECK QUARTERLY CHECKLIST
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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 it s 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.
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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
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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.
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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.
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Figure 1: Dining Deck Parking Area Protection
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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
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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.
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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.
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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
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SAMPLE DINING DECKS
(https://www.giffelswebster.com/dining-platforms-and-parklets-in-parking-spaces/)
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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.
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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
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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
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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.
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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
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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.
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DIAGRAM 9
4.0.2 PLANT MATERIAL
Plant material is highly encouraged and recommended. Plant material could be natural or
artificial 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.
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DIAGRAM 10
2. Engineered umbrellas that require a fixed engineered base. See Diagram 11 below.
DIAGRAM 11
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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
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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
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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
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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.
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5.0 TEMPORARY USE PERMIT (TUP)
City of Palm Desert
Temporary Use Permit
Outdoor Business Expansion Application
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City of Palm Desert
DRAFT REVOCABLE LICENSE AGREEMENT
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