THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1991
Resolution approving the decision of the City Planning Commission on Application No. N 090165 ZRM, for an amendment of the Zoning Resolution of the City of New York, concerning Article I, Chapter 4 (Sidewalk Café Regulations), relating to Section 14-43 to permit small sidewalk cafes on the south side of East 86th Street from First Avenue to a line 125 feet east of Second Avenue, Borough of Manhattan (L.U. No. 1076).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on April 27, 2009 its decision dated April 22, 2009 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Maz Mezcal Restaurant for an amendment of the Zoning Resolution of the City of New York, concerning Article I, Chapter 4 (Sidewalk Café Regulations), relating to Section 14-43 to permit small sidewalk cafes on the south side of East 86th Street from First Avenue to a line 125 feet east of Second Avenue (Application No. N 090165 ZRM), Community District 8, Borough of Manhattan (the "Application");
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on May 12, 2009;
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and
WHEREAS, the Council has considered the relevant environmental issues and the Negative Declaration issued on December 15, 2008 (CEQR No. 08DCP046M):
RESOLVED:
The Council finds that the action described herein will have no significant impact on the environment.
Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, the Council approves the Decision.
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strikeout is old, to be deleted;
Matter within # # is defined in Section 12-10;
14-43
Locations Where Only Small Sidewalk Cafes Are Permitted
#Small sidewalk cafes# may be located wherever #sidewalk cafes# are permitted, pursuant to Section 14-011 (Sidewalk cafe locations). In addition, only #small sidewalk cafes# shall be allowed on the following #streets#, subject to the underlying zoning.
Manhattan:
Orchard Street - from Canal Street to Houston Street
Delancey Street - from Norfolk Street to the Bowery
Centre Street - from Canal Street to Spring Street
Lafayette Street - from Canal Street to Houston Street
Sixth Avenue - from Canal Street to a line 100 feet south of Spring Street
Special Union Square Special District*
14th Street - from Second Avenue to Irving Place
14th Street - from a line 100 feet west of University Place to Eighth Avenue
23rd Street - from the East River to Eighth Avenue
31st Street - from Fifth Avenue to a line 200 feet east of Broadway
34th Street - from the East River to Fifth Avenue
35th Street - from a line 150 feet east of Fifth Avenue to a line 150 feet east of Sixth Avenue
36th Street - from a line 150 feet east of Fifth Avenue to a line 150 feet west of Fifth Avenue
37th Street - from a line 150 feet east of Fifth Avenue to a line 150 feet west of Fifth Avenue
37th Street - from a line 150 feet east of Sixth Avenue to Broadway
38th Street - from Third Avenue to Seventh Avenue
39th Street - from Exit Street to Seventh Avenue
40th Street - from a line 100 feet east of Exit Street to Broadway
41st Street - from a line 100 feet east of Exit Street to Third Avenue
42nd Street - from First Avenue to Third Avenue
42nd Street - from Fifth Avenue to a line 275 feet east of Sixth Avenue
All #streets# bounded by 43rd Street on the south, 46th Street on the north, a line 200 feet east of Third Avenue on the east and Third Avenue on the west
43rd Street - from Fifth Avenue to Sixth Avenue
44th Street - from Fifth Avenue to Sixth Avenue
45th Street - from Fifth Avenue to Sixth Avenue
46th Street - from Fifth Avenue to Sixth Avenue
47th Street - from a line 200 feet east of Third Avenue to Third Avenue
48th Street - from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west
49th Street - from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west
50th Street - from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west
51st Street - from a line 150 feet east of Third Avenue to Eighth Avenue
52nd Street - from a line 160 feet east of Third Avenue to Eighth Avenue
53rd Street - from a line 160 feet east of Third Avenue to Eighth Avenue
54th Street - from a line 150 feet east of Third Avenue to Eighth Avenue
55th Street - from a line 100 feet west of Second Avenue to Eighth Avenue
56th Street - from a line 100 feet west of Second Avenue to Eighth Avenue
57th Street - from the East River to Eighth Avenue
58th Street - from the East River to Eighth Avenue
59th Street - from the East River to Second Avenue
59th Street (Central Park South) - from Sixth Avenue to Columbus Circle
60th Street - from Lexington Avenue to Fifth Avenue
61st Street - from Third Avenue to Fifth Avenue
62nd Street - from Second Avenue to Fifth Avenue
63rd Street - from Second Avenue to Fifth Avenue
86th Street - from First Avenue to a line 125 feet east of Second Avenue, south side only
116th Street - from Malcolm X Boulevard to Frederick Douglass Boulevard
First Avenue - from 48th Street to 56th Street
Third Avenue - from 38th Street to 62nd Street
Lexington Avenue - from a line 100 feet south of 23rd Street to a line 100 feet north of 34th Street
Lexington Avenue - the entire length from a line 100 feet north of 96th Street, northward
Park Avenue - from 38th Street to 40th Street
Park Avenue - from 48th Street to 60th Street
Park Avenue - the entire length from a line 100 feet north of 96th Street, northward
Madison Avenue - from 23rd Street to 38th Street
Madison Avenue - from 59th Street to 61st Street
Special Madison Avenue Preservation District**
Madison Avenue - the entire length from a line 100 feet north of 96th Street, northward
Fifth Avenue - from 12th Street to 33rd Street
Fifth Avenue - from 59th Street to 61st Street
Sixth Avenue - from 36th Street to 42nd Street
Sixth Avenue - from a line 150 feet north of 42nd Street to 48th Street
Sixth Avenue - from 50th Street to Central Park South
Seventh Avenue - from 50th Street to Central Park South
Broadway - from 36th Street to 40th Street
Broadway - from 50th Street to Columbus Circle
Columbus Circle - from Eighth Avenue, westward, to Broadway.
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* #Small sidewalk cafes# are not allowed on 14th Street
** #Small sidewalk cafes# are not allowed on 86th Street within the Special Madison
District
Adopted.
Office of the City Clerk, }
The City of New York, } ss.:
I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on May 20, 2009, on file in this office.
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City Clerk, Clerk of The Council