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Palm Desert updates outdoor dining-deck rules; staff sets $7.08 annual lease rate and requires reapplication
Summary
City staff told the June 12 study session that El Paseo dining decks must reapply under a new temporary use permit after street rehab, that three operators plan to reapply while others seek permanent on-property patios, and that the program’s future depends on pending state legislation.
At the Palm Desert City Council study session on June 12, Carlos Flores of the city’s Development Services Department updated council members on the status of the city’s outdoor dining-deck program, the temporary use permit (TUP) process and next steps after the El Paseo street rehabilitation.
Flores said the program began in 2020 and the city adopted updated dining-deck guidelines and visuals in November 2023. He told the council staff created “a new temporary use permit for outdoor dining decks” and established an annual lease rate of $7.08 per square foot per year, with a revocable license agreement and insurance requirements for operators. Flores said the paved portion of El Paseo required decks to be removed by June 1; staff confirmed all decks were removed as of June 2 and will review new TUP applications after the rehab is complete.
The presentation listed seven dining decks along El Paseo active in 2025. According to staff, three operators — Armando’s, Sweet Basil and Pizza Vino — confirmed they will reapply for temporary permits; three others (Kitchen 86, Daily Grill and The Fix) are pursuing more permanent, on-property patio solutions that would not rely on right-of-way use; one operator (Grama Gina’s) was undecided.
Flores said the city has been meeting with operators and property managers to discuss timing, design tweaks and lease obligations. He also reported a recent meeting with Southern California Gas Company (SoCalGas), which raised concerns about decks constructed over utility infrastructure; staff agreed to route TUP applications to SoCalGas so the utility can flag locations that intersect its lines and propose conditions.
On legislative timing, staff noted a state measure referenced in the presentation (referred to in the meeting as “AB 592”) has passed the Assembly and is before the Senate; Flores said the bill, as discussed with operators, would extend the ability to serve alcohol from restaurants onto adjacent public dining decks through Jan. 1, 2029 if enacted. “We did hear pretty loud and clear from all the restaurant operators that if they’re not able to sell alcohol out there, it’s not feasible for them to continue,” Flores said.
Council members emphasized safety and aesthetic standards. The mayor and other members asked staff to ensure consistent, stringent design and safety requirements so decks meet Palm Desert’s appearance and pedestrian-flow expectations; one member praised The Fix’s sidewalk-swing design as an example of a safer configuration while cautioning that high-traffic corners should not host decks. Flores said staff will apply the checklist and updated guidelines during permit review and will work with operators on constructive, consistent standards.
Next steps: staff said it expects to receive updated TUP applications and will coordinate construction timelines after the rehab, with reconstruction likely in October. The program is currently scheduled to expire in June 2026; staff said the council will revisit any changes if state legislation alters the statewide authority or timeline.
