Given the recent developments around COVID-19 there has been a desire to maintain outdoor patios and expand them where necessary as they bring life and vitality to the street. With the RESTART CLE plan, we have developed strategies to assist businesses to stabilize and thrive in this changing economic climate. We have now developed a plan to maintain outdoor patios and expand them where necessary as they bring life and vitality to our neighborhoods. We have developed guidelines and regulations for outdoor dining areas to be temporarily expanded into four distinct typologies. These guidelines were developed with several factors in mind including:

• Ensuring the outdoor dining areas are being used for their intended purpose;• The temporary expanded areas do not become obstructions to pedestrian flow;• Are aesthetically pleasing and are a positive attraction to the streetscape;• and, Ensure that health and safety precautions are followed consistent with state and

local mandates.

In line with the Governor’s and CDPH’s orders, the City of Cleveland will allow business owners to apply for a Temporary Expanded Area permit. This Temporary Expansion Area (TEA) permit will give restaurant businesses the ability to expand their footprint to ensure that appropriate social distancing requirements are maintained.

The rules and regulations governing the TEA permits are in addition to the rules and regulations for outdoor restaurants established under codified ordinance Chapter 513. Chapter 513 and the rules and regulations adopted under Chapter 513 shall apply to TEA permittees. We have provided the following information to familiarize Council membership with the rules and necessary information to share with your CDC’s and interested businesses. We look forward to partnering with you in serving Cleveland’s business community through these challenging times. We will contact you immediately to establish date(s) and time(s) for a virtual meeting with the CDC and possible participating businesses in your community to implement this plan.

Enclosed are the following items:

• City of Cleveland Outdoor Dining Rules and Regulations outlines the administrative rules andregulations that are specific to a TEA generally and specifically to each TEA

• Application for Temporary Expansion Area that can be submitted in person, online, or by email• Typologies Definitions explains the distinctions and parameters for each typology

For more information Please contact 216-664-2210 or email inquiries to restartdining@clevelandohio.gov

OUTDOOR DINING GUIDELINES & REGULATIONS

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Outdoor Dining Temporary Expansion Area Guidelines and Regulations.

Overview:

Given the recent developments around COVID-19 there has been a desire to maintain outdoor patios

and expand them where necessary as they bring life and vitality to the street. The following items are

guidelines and regulations that have been developed to ensure that these outdoor cafes are being

used for their intended purpose, do not become obstructions to the pedestrian flow, do not become

aesthetically unpleasing, do not become a negative distraction to the streetscape, and ensure that

health and safety precautions are followed consistent with state and local mandates.

Under the Governor’s order, restaurants that reopen for outdoor and indoor dining services must

follow social distancing and other requirements. To support local restaurant business operations and

ensure the health, safety, and welfare of the public, the City of Cleveland is instituting the following

rules and regulations that will allow business owners to apply for a new or expand an existing patio

permit. This Temporary Expansion Area (TEA) permit will give restaurant businesses located in certain

designated districts, and other restaurant businesses that meet eligibility requirements, the ability to

expand their footprint to ensure appropriate social distancing requirements are maintained.

These rules and regulations governing the TEA permits are in addition to the rules and regulations for

outdoor restaurants established under codified ordinance Chapter 513. Chapter 513 and the rules

and regulations adopted under Chapter 513 shall apply to TEA permittees. If there is a conflict

between these rules and regulations and those promulgated under the authority of Chapter 513,

these rules and regulations shall apply.

A TEA permit is a revocable license to temporarily use the temporary expansion area for outdoor

dining. A TEA permit does not create a private right to occupy the public right-of-way. The City has

the right to enter upon the right-of-way at any time for any purpose, including without limitation to

inspect the right-of-way and permitted encroachments; provided, however, the City shall have no

duty to inspect.

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Regulations:

Temporary Expanded Area Permit Applicants:

Ordinance No. 461-2020 allows the Director of Capital Projects and the Director of City Planning to

establish a temporary program for the use of private parking lots, streets and other public rights-of-

way, including on-street parking areas and parklets (Temporary Expansion Area or TEA), as outdoor

restaurants.

The City reserves in its sole discretion the ability to deny an application if it determines that the proposed site is not suitable as a temporary expansion area due to safety or public health concerns.

Permit Application Requirements All TEAs permitted under this temporary program must be in compliance with State and local health requirements intended to slow or prevent the transmission of COVID-19. Applications can besubmitted three ways: 1) via email to restartdining@clevelandohio.gov, 2) in person to the Office ofCapital Projects or City Planning, 3) via web browser at https://arcg.is/09vbmH. As part of theapproval process, applications will be reviewed by the Director of the Office of Capital Projects, the Director of Public Health, the Director of Public Safety, the Director of the City Planning Commission, the Director of Building & Housing, and the Secretary of the Landmarks Commission, as applicable. Applications will be processed in the order they are received.

Application: Online/Paper Form shall include the following:

• Name and address of establishment

• Name, phone number, and address of the applicant

• Hours of operation of TEA

• Temporary Outdoor Restaurant Permit # (if applicable)

• Contact Name

• Contact Phone #

• Contact Email

• Contact Title

• Choose the dining area type that best describes the expansion area. Must be consistent with

one of the defined typologies established by the City of Cleveland in Appendix B of this

document.

• If parklet, how many parking spaces?

• Basic site plan. (paper form or digitally to ReStartDining@clevelandohio.gov)

• Additional info text

• Attach any documents or photos, including:

1. If applicable, a copy of the applicant’s liquor permit, expansion permit, and a complete copy of the expansion permit application submitted to the Division of Liquor Control;

2. Evidence that all required health licenses, including, but not limited to, the license requiredby section 241.21 of the Codified Ordinances, have been obtained or have been applied for;

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3. A signed statement that the permittee shall hold harmless the City of Cleveland, its officersand employees and shall indemnify the City of Cleveland, its officers and employees for anyclaims or damage to property or injury to persons which may be occasioned by any activitycarried on under the terms of the permit. Permittee shall furnish and maintain such publicliability, food products liability, and property damage insurance as will protect permittee andthe City from all claims for damage to property or bodily injury, including death, which mayarise from operations under the permit or in connection therewith. Such insurance shallprovide coverage in an amount of not less than One Million Dollars ($1,000,000.00) on accountof an accident involving injuries, including death, to one (1) or more persons and propertydamage insurance in an amount of not less than One Million Dollars ($1,000,000.00), or acombined single limit of One Million Dollars ($1,000,000.00) provided however, that thisinsurance requirement shall not be construed to limit permittee’s indemnification obligationsto the above-required limits of insurance. Such insurance shall also include the City ofCleveland, its officers and employees, as additional insured; and

4. General site layout of the proposed expansion area and site details.

• Signature

• Permit Fee Duration: A Temporary Expansion Area permit, is valid through November 1, 2020,

unless earlier terminated or revoked. No fee will be required for a TEA permit application.

• Patio Elements: An application for a Temporary Expansion Area permit shall include detailed

plans drawn to scale showing the number and location of patio elements, including standard

tables, chairs, and umbrella. Additional elements such as tents, generators, and other

structures may require additional approvals. All elements must remain within the approved

site plan area of operation.

• Spacing Requirements: All patio furnishing must be organized to allow for appropriate social

distancing between tables in compliance with Ohio Department of Health orders.

• Protective Barrier Structure for patio area expansion: All expanded patio enclosure areas

must contain the appropriate protection between the patio area and vehicular traffic. This will

require a much stronger barrier than a typical patio enclosure. The structure must be

removable at the end of business hours (if necessary) or after any designated period approved

as part of the application. In the case of a full street closure, or where, in the determination of

the City, additional buffers are needed, the City may provide the necessary protective barrier

structure at no cost.

• Maintenance: Permittees shall maintain the TEA in accordance with all City, County, andState laws, regulations, and orders. Permittee shall be responsible for keeping the TEA cleanand safe.

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• Alcohol Regulations: Restaurant and bar owners who wish to serve alcohol in their TEA mustobtain the required approvals from the state Division of Liquor of Control.Business owners should contact the Superintendent and Chief of Licensing Section at (614)644-9201 for more information.

• Penalties: A TEA permit may be suspended or revoked if the permittee or his or her agent fails

to abide by the provisions of these rules and regulations. Notice to the permittee shall be

provided in accordance with Codified Ordinance Section 513.08.

Appendices: Appendix A: District Designations

Certain sites/locations may not be eligible for a temporary expansion area permit due to safety or public health concerns.

Within the following designated districts, the City of Cleveland reserves the right to apply the typologies, as described in Appendix B, that it deems appropriate for the area based upon such factors as the type of street (primary or secondary), availability of off-street solutions, and other considerations, including but not limited to the following:

• Ability to ensure adequate spacing for customers within the TEA;

• Ability to maintain a clear path for pedestrians on the sidewalk;

• That there are no adverse impacts on fire lanes, hydrant access, or other emergency vehicleresponse;

• The traffic speed, width of street, or other safety issues related to proximity of vehiculartraffic; and

• That there are no encroachments impeding access to private property, delivery zones, anddriveways.

Common Area Plan: Multiple restaurants within a designated district may use a common area plan. An applicant shall indicate on the permit application that the restaurant is part of a common area plan. An application indicating that the business is participating in a common area plan, in addition to the above application requirements, shall also include:

1. The district name

2. Name of the participating businesses

3. Designated times for street closures (if applicable)

4. A site layout plan that illustrates the proposed approach which will be evaluated

against the City of Cleveland’s Outdoor Dining typologies.

5. Common Area Plan

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The following list of districts are identified clusters of businesses that have the potential to draw larger

volumes of patrons. Applications may be received regardless of if a business falls within these districts.

DISTRICT STREETS

Asiatown Superior or Payne

Shaker Square* Shaker Blvd.

Ohio City* West 25th St.

Public Square Superior

Gordon Square Detroit Ave / W. 65th St

Little Italy Mayfield Rd.

Downtown - Euclid Euclid Ave

Downtown -Prospect Prospect Ave

Downtown -E. 9th Huron Huron Rd.

Kamms Corners Lorain Ave

Larchmere* Larchmere Blvd.

Waterloo District Waterloo/156th

Collinwood East 156th/Waterloo

Downtown Huron

Ohio City* Market Street

Ohio City Hinge Town* West 29th

Warehouse District W. St. Clair Ave. / W. 6th St.

Appendix B: Typologies

The City of Cleveland developed the following typologies that outline the approaches to be considered

for a TEA. Any applicant seeking to obtain an expanded outdoor permit shall provide a site plan that is

consistent with one or more of the identified typologies.

(See attachment or access typology explanations here)

On-Street Parking Space/Parklets Modular, protected patios in on-street parking spaces

Appropriate for areas without significant clusters or without interest in larger

interventions.

• Parking spaces, typically 10’ x 18’

• Parklets will require barriers as needed to safely protect from vehicles

• There can be no breaks in the wall, all wall sections must be connected

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• Maintain a minimum path of travel along the sidewalk area of at least 48” in width at all pointsadjacent to the outdoor dining area

• An applicant’s site plan shall only include parking spaces directly fronting their businessestablishment. If a site plan includes parking spaces fronting an adjacent business, writtenconsent of the owner of the adjacent business is required.

Secondary Streets Full street closure, all hours - In addition to this application form, additional process may be required for a full street closure. If initially approved, the City will notify the applicant of the additional steps necessary for a full street closure.

• Street closure requires an Ohio Manual on Uniform Traffic Control Devices Type 3 barricadealong with an advanced warning road closed sign.

• Limited closure hours

• Other factors that will be evaluated include but are not limited to traffic patterns, impact onother property owners, food delivery service, and emergency response access.

Primary Streets

• Street closure requires an Ohio Manual on Uniform Traffic Control Devices Type 3 barricadealong with an advanced warning road closed sign.

• Limited closure hours

• Other factors that will be evaluated include but are not limited to bus routing, traffic patterns,emergency response access, impact on other property owners, and food delivery service.

Off Street Parking lots/Open Space Eating plazas that address parking areas.

• Public parking lots must maintain parking spaces for occupancy depending on the size, surpluscapacity, and demand of a given lot.

• Private parking lots can be utilized for outdoor dining at the discretion of the owner andapproval by the city and the appropriate use permits from the Department of Building andHousing.

Appendix C: Permit Applications:

Standard Outdoor Patio Application

Temporary Expansion Area Application

Appendix D: Ohio Department of Health Director’s Dine Safe Ohio Order:

https://coronavirus.ohio.gov/static/publicorders/Directors-Order-Dine-Safe-Ohio.pdf

PANDEMIC RESPONSE:Outdoor Dining and Public Space Typologies

Off-Street Parking Lots / Open Space

Eating PlazasVilnius, Lithuania

Copyright S.Ziura/Vilnius.lt

City Planning Commission

The eating plaza intervention converts off-street parking or open space into physically distant seating for the public. While this is intended for city-owned lots, such as the West Side Market parking lot, private owners may be interested in similar solutions for their visitors, or as partners with the community stakeholders.

The ideal areas for this interventions are near significant clusters of dining and cafe activity with existing nearby surplus of parking options, and near other public spaces.

Oversight will be needed to ensure seating is arranged responsibly and signage requesting masks be worn.

Cleveland

Conceptualmodel forShaker Squareeating plaza

Conceptual model for W. 24th Pl / West Side Marketeating plaza, conversion of two aisles of parking

Seating arranged for proper physical distancing

City Planning Commission

PANDEMIC RESPONSE:Outdoor Dining and Public Space Typologies

On-Street Parking Space

Modular "Parklets"Dallas

Jason Roberts for Revelers Hall

CUDC / Vocon

Parklets are on-street parking spaces that have been converted to seating, decoration, or any other use other than storing cars.

The term "modular" refers to the cell-like nature of the space. Each parking space (typically 10' x 18') can be converted as a separate individual patio, but multiple spaces can be joined together as well. This allows for flexible spaces that can adapt to community needs.

Businesses can prioritize their on-street parking space as they see most helpful to their operations and safety. One business on a block can occupy a parking space for curbside pick, while another prefers outdoor seating.

Cleveland

BEFORE AFTER

Euclid Ave plannedparklet, 2015

PANDEMIC RESPONSE:Outdoor Dining and Public Space Typologies

Primary Streets

Street Closure - Special EventTampa, FL

Forbici Modern Italian

City Planning Commission

This street closure is intended for primary streets that are arterial roads that are not ideal for 24/7 closure situations. These see more significant volumes of traffic, bus connections, or community support for keeping the path open for a variety of reasons.

Care must be made to coordinate and communicate the closing and open periods. Partial closures can allow for emergency services access or one-way traffic.

This type is envisioned for streets that have previously been closured for special events.

Conceptualmodel forShaker Squareweekend closure,similar to existingFarmer's Market

Concept for partial special-event style closure of Huron Rd.up to E. 9th St.

NACTO Streets for Pandemic Response

Special event closure can allowfor barrier-free seating and pedestrian & bikepath down middle

City Planning Commission

PANDEMIC RESPONSE:Outdoor Dining and Public Space Typologies

Secondary Streets

Street Closure - All HoursHingetown, Ohio CityCity Planning Commission

This street closure is intended for a right-of-way that can be closed all hours and has a substantial cluster of commercial activity. Secondary streets are those without bus routes, critical destinations (like hospitals) and closure would have little to no disruption transportation patterns. In other words, side streets and minor connections.

Both access points would be blocked by barriers, which can be decorated or posted with public safety signage. Businesses may organize to share furniture or cordon off private areas for physically distanced table service.

Markings can highlight six-foot distances. Care must be taken to ensure these areas do not become regional draws and are held to public safety standards.

Helen. H Richardson /Denver Post

Concept model, closingW. 29th between Detroit Ave.and Church Ave.

Market Ave. near West Side Market

Google Streetview

Denver, COMarket Ave. closure

Sep. 2019

Contact Name:

Are you filing a common area plan with others?

Select the dining space typology that best describes the temporary expansion area you are seeking.

You must provide a basic site plan for your expansion area:

If you chose parklet, how many on-street parking spaces do you want to convert?

If so, please provide info listed to the right below ----->

Street Address:ZIP:

What type of organization are you ?

Name of Establishment:

1. Visit the Cuyahoga County Web MappingApplication (https://gis.cuyahogacounty.us/html5viewer/?viewer=cegis)

2. Select Basemaps in the bottom left corner andAerials.

3. Zoom into your area.4. Draw the expansion area using the Measurement

and Markup tools with Area.5. Use Export in basic tools to download PNG.

You may use other methods to create a site plan as long as it has: aerial imagery, street names, accurate measurements

Temporary Expansion Area ApplicationThis application is for Temporary Expansion Areas that can allow restaurant businesses to expand into public on-street parking spaces, parking lots, or other right-of-way interventions, as described in Ordinance No. 461-2020.

Before completing this form, please review the outdoor dining space typologies to understand the types of expansion areas possible.

SITE PLAN UPLOAD(or attach to document)

Restaurant Business association

Do you have an existing outdoor restaurant permit?

YN

Permit #

Y N1. The district name2. Name of the participating businesses3. Designated times for street closures (if

applicable)4. A site layout plan that illustrates the proposed

approach (see regulations)

Parklet(on-street parking conversion)

Eating plaza(off-street city parking conv.)

Street closure(primary street, temporary special event)Street closure(secondary street, all hours)

Contact Phone #:

Contact Email:Contact Title:

Can also be completed via browser at https://arcg.is/09vbmH

Establishments that wish to serve liquor in their Temporary Expansion must submit the following :

• Copy of liquor permit (optional if already submitted for outdoor restaurant)

• Copy of liquor expansion permit

• Copy of the expansion permit application submitted to the Division of LiquorControl

Sign below to agree to following liability statement:

"Permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage in an amount of not less than One Million Dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one (1) or more persons and property damage insurance in an amount of not less than One Million Dollars ($1,000,000.00), or a combined single limit of One Million Dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit permittee’s indemnification obligations to the above-required limits of insurance. Such insurance shall also include the City of Cleveland, its officers and employees, as additional insured;"

Sign below to acknowledge that you have read and agree to all regulations outlined in the Outdoor Dining Guidelines and Regulations document:

Document Upload Checklist1. Basic Site Plan (and Common Area Plan, if applicable)2. Liquor Permit (if no existing valid outdoor permit)3. Liquor expansion permit4. Liquor expansion application to Division of Liquor5. Copy of food service license

Can click on boxes to upload files in Adobe suite or attach separately

Sign manually & scan, or sign digitally

Sign manually & scan, or sign digitally

2. MAIL OR DROP OFF TO:Dro Sohrabian601 Lakeside Ave. ERoom 501

1. SUBMIT THIS VIA EMAIL:RestartDining@clevelandohio.gov

3. COMPLETE VIABROWSER:Click Herehttps://arcg.is/09vbmH

Three Options to Submit Below