The CB2 Outdoor Dining Working Group (formerly the Permanent Open Restaurants Working Group) will be holding a public hearing on the proposed rules for DOT’s Dining Out NYC program on Monday, November 6, 2023 at 6:30 pm at PS 41, the Greenwich Village School, 116 West 11th Street. Meeting details here.
The Dining Out NYC rulemaking public comment period is: October 20, 2023 – November 20, 2023. CB2 will be drafting a resolution in response to the proposed Dining Out NYC rules and voting on the resolution at the November Full Board meeting on Thursday, November 16, 2023.
Dining Out NYC is DOT’s permanent open restaurants program. Dining Out NYC is currently going through the City’s rulemaking process.
There are several ways to get involved during the Outdoor Dining NYC Rulemaking Comment Period:
- Review the Proposed Rules for the DOT Dining Out NYC Program
- Testify in person at the CB2 Public Hearing on the proposed Dining Out NYC on Monday, November 6, 2023 at 6:30 pm at PS 41, the Greenwich Village School, 116 West 11th Street. This is an in-person only meeting. Speakers will have two minutes in which to testify. Sign up to testify in person here.
- Submit written testimony to CB2 by 5:00 pm on Monday, November 6 to [email protected].
- Read the CB2 Resolution on the Proposed Dining Out NYC rules in the November Full Board package (available on November 16, 2023 prior to the Full Board meeting).
- Testify in person at the CB2 Full Board Meeting on Thursday, November 16, 2023 – location to be determined (check the CB2 Website Calendar for location updates here). Sign up to testify here.
- Submit written testimony to DOT: [email protected]
- Testify on Zoom at the DOT Rules Hearing for Dining Out NYC on Monday, November 20, 2023 starting at 10:00 am. Sign up to speak at teh DOT Rules Hearing by 5:00 pm on November 17th to ensure you are registered to speak. Instructions for how to sign up are found here under the heading Zoom Video Public Hearing.
Here are resources for the Dining Out NYC Rulemaking Public Comment Period (October 20 – November 20):
- Proposed Rules for Outdoor Dining NYC (PDF)
- NYC Rules Hearing Page for Outdoor Dining NYC
- DOT Outdoor Dining NYC preliminary designs for roadway and sidewalk cafes.
- Local Law 121
- Past Resolutions and letters relating to outdoor dining from CB2 (Links below)
There are three main actions that the City is undertaking to facilitate the creation of a Permanent Open Restaurants Program. The first action, a citywide zoning text amendment, completed the 90-day review period by community boards and borough presidents on Tuesday, September 28, 2021.
The next two steps:
1. City Plan Commission (CPC) Review Session: Monday, October 4
- Powerpoint Slides: DOT Permanent Open Restaurants Presentation to CPC – October 4, 2021
- Transcript: DOT Permanent Open Restaurants Presentation to CPC – October 4, 2021
- Briefing Materials for DOT Permanent Open Restaurants – October 4, 2021 (letters, resolutions, and vote sheets for 45 community boards)
2. City Planning Commission (CPC) Public Hearing: Wednesday, October 6 at 10:00 AM (public testimony)
The POR Zoning Text Amendment testimony will likely start at noon. Registration to testify opens at 9:00 AM on Wednesday, October 6 on the NYC Engage Portal:https://www1.nyc.gov/site/nycengage/events/city-planning-commission-public-meeting/290345/1
Links to all CPC agendas, livestream links, and information on how to testify at the October 6 hearing:https://www1.nyc.gov/site/planning/about/commission-meetings.page
Action 1: Removal of Locational Prohibitions via Zoning Text Amendment
The first action (Permanent Open Restaurants Zoning Text Amendment) was reviewed jointly by CB2’s Reopening Working Group and Land Use Committees. A public hearing was held on Monday, July 19, 2021, followed by two business sessions on Wednesday, September 8, 2021 and Monday, September 20, 2021. The CB2 Full Board vote was taken at the September Full Board Meeting on Thursday, September 23, 2021. The resolution is linked above with the vote count.
Send your written testimony on Permanent Open Restaurants to [email protected].
Citywide Permanent Open Restaurants Zoning Text Amendment
Open Restaurants / Sidewalk Cafes
Find out how the other 58 community boards are voting on the Permanent Open Restaurants – Go to Milestones > In Progress > Community Board Review here on ZAP.
Read and download other community boards’ Permanent Open Restaurants resolutions as they are submitted on ZAP. Go to Public Documents > CB/BB/BP Recommendations here on ZAP.
- Filed LU Package v1
- Referral Package
- Environmental Assessment Statement
- Negative Declaration
City Planning Commission (CPC) Review Session on Permanent Open Restaurants on June 21, 2021:
- Watch the video on YouTube
- Powerpoint Slides: DOT Open Restaurants Presentation to CPC
- Powerpoint Slides: DCP Open Restaurants Presentation to CPC
Video – Joint DOT & DCP Presentation to CB2 Reopening Working Group and Land Use on July 19, 2021:
Video – Mayor’s Office of Nightlife Open Restaurants Town Call on August 17, 2021 – DOT & DCP presentation to Eating and Drinking Establishment Operators This presentation covers both the current Temporary Open Restaurants program and the proposed Permanent Open Restaurants program. The presentation includes updated diagrams on amenity-zone seating (seating on the sidewalk at the curb which is prohibited in both the Temporary Open Restaurants program and in the proposed Permanent Open Restaurants program). The Q&A towards the end also offers information that may be of interest.
Action 2: Changes to the Sidewalk Café Program
via Local Law and CAPA
– Transfers control of sidewalk cafés to DOT
– Revise design requirements and streamline duration of design review
– Create new clear path requirements and waivers to protect pedestrian right-of-way
Public Engagement Process – Design Rules: DCP and DOT will lead a series of in-person and remote roundtables as part of a citywide design engagement process for the Permanent Open Restaurants program. The roundtables will take place throughout the city during Fall 2021 and Winter 2022, culminating in the release of design guidelines during Spring 2022. The focus will be on roadway dining setups, but feedback will be taken on all design aspects of the program.
Public Outreach Sessions will be listed here once registration information is available:
Action 3: Creation of the Roadway Café via Local Law and CAPA
– Establish siting rules, guidelines, fee structure, and application review for new program
Past CB2 Reopening Working Group Documents on Open Restaurants
RWG Committee Report with Draft Recommendations for Permanent Open Restaurants Program, March 2021
SLA Mapper (SLAM) – an interactive mapping tool that aggregates Open Restaurants Certifications, 311 Complaints – Open Restaurants (NYPD, DCA, DOT), 311 Complaints – Noise/Drinking, State Liquor Authority (SLA) Licenses, Sidewalk Café Licenses, and Restaurant Health Grades https://slam.beta.nyc/
NYC Planning Street Map: The Status & History of New York City’s Streets. This is a great resource to look up street widths.
ADDITIONAL RELEVANT REPORTS
DCP Assessing Storefronts Vacancy in NYC: 24 Neighborhood Case Studies Report – August 2019
Send CB2 your written testimony on the Permanent Open Restaurants program: [email protected]
DOT is actively seeking public feedback about the permanent program and wants to hear your ideas about what you want to see: https://www1.nyc.gov/html/dot/html/contact/contact-form.shtml?routing=or
Report Open Restaurants Complaints to 311: