Loading...
HomeMy WebLinkAboutPDS-005-21 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 11, 2021 Report Number: PDS-005-21 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 37.0.1 Resolution#: Report Subject: Seasonal Sidewalk Patio Program 2020 Results, Guidelines, and Procedures Recommendations: 1. That Report PDS-005-21 be received for information; 2. That Council approve the allocation of $5,000.00 from each of the Bowmanville, Newcastle, and Orono Community Improvement Programs ($15,000 total) to be used to support any additional restaurants that may apply to participate in the Seasonal Sidewalk Patio Program; and 3. That all interested parties and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-005-21 1. Background 1.1. Seasonal sidewalk patios were identified by Council as an initiative that would help to enliven Clarington’s historic downtowns. Sidewalk patios are located within the municipal right-of-way for pedestrian-oriented amenities that improve liveability, enhance pedestrian experience, and support local businesses. 1.2. In 2017 Council adopted the recommendations of Report PSD-033-2017 to: (i) Approve a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on-street parking to establish seasonal sidewalk patios; (ii) Direct staff to develop guidelines and approval procedures for privately initiated seasonal sidewalk patios on municipal rights-of-way for the 2018 summer season; and (iii) Allocate $15,000 from the 2017 and prior years’ Community Improvement Plan (CIP) grant funds for Bowmanville and Newcastle to provide an incentive to assist an eligible restaurant with the implementation of a patio. 1.3. In 2018, Report PSD-006-18 presented guidelines and approval procedures for sidewalk patios, and Council approved the Application process for Seasonal Sidewalk Patios on Municipal Property. Report Overview In 2017, Council approved a pilot project to permit restaurants in downtown Bowmanville and Newcastle to establish sidewalk patios within Municipal rights -of-way. In 2018, staff developed guidelines and approval procedures in support of the Sidewalk Patio Program and coordinated the design and construction of patio and sidewalk extension infrastructure at one restaurant location in each of the two downtowns. Interest in the Program has grown over the last few years and was particularly active during the 2020 season as it provided restauranteurs an opportunity to offer sit-down dining during the COVID-19 pandemic. This report provides an overview of the 2020 Sidewalk Patio season the COVID-19 factor, and proposed updates to the Program in light of the experience implementing the program to date. Municipality of Clarington Page 3 Report PDS-005-21 1.4. The Seasonal Sidewalk Patio Program was developed in consultation with restaurant owners in the Bowmanville and Newcastle downtowns and the applicable Business Improvement Associations (BIA). Input considered in the development of the Program included (i) assurance the patios would be available for more than a single season to the restauranteurs in order to justify their investment in the patio infrastructure (outdoor furniture, lighting, heaters etc.), and (ii) the ability to serve alcohol within the patio areas. 1.5. Three-Six Kitchen in Bowmanville and Walsh’s Snug in Newcastle participated in the pilot Program and operated patios during the inaugural 2018 season . Staff worked with the restaurants to ensure the patio infrastructure met applicable accessibility requirements and was sized in accordance with liquor license requirements. 1.6. Feedback collected from participating restaurants and patrons after the first sidewalk patio season in 2018 was generally positive. Restaurant owners advised the patios were a success that translated into new customers, and additional staff. Planning Services staff conducted a survey of patio patrons that indicated the sidewalk patios were a welcome addition, and a number of visitors had stopped in the downtown area s because of the patios. Often these patrons went on to visit other local shops. Bot h Three-Six Kitchen and Walsh’s Snug operated their patios again throughout the 2019 season and had indicated their intent to re-apply in 2020. 1.7. In 2019, Council adopted the recommendation in Report PSD-002-19 which expanded the Seasonal Sidewalk Patio Program to Orono, and included the allocation of funds from Orono’s CIP to provide a similar incentive for the platform construction. 1.8. In preparation for the 2020 season the Program Guidelines, Application Form, and Sidewalk Patio License Fee were updated to reflect feedback received and experience gained through the implementation of the Program. Such changes were outlined in detail in Report PSD-053-19. 2. The 2020 Sidewalk Patio Season 2.1. The 2020 Sidewalk Patio season presented unique challenges and opportunities and was a particularly active one in light of the ongoing COVID-19 pandemic. During this time when restaurants have been subject to indoor dining restrictions and closures, patios have been an opportunity for businesses to offer patrons a sit-down dining option. 2.2. Walsh’s Snug participated in the Program for the third consecutive year. While Three - Six Kitchen had initially applied to re-establish its patio, the restaurant opted not to proceed with the patio this season in favour of concentrating on growing a curbside pick-up component of the business. Municipality of Clarington Page 4 Report PDS-005-21 2.3. Star Apples restaurant in Bowmanville also re-established its sidewalk patio this season, using a similar configuration to the patio in 2019. The patio is entirely contained on private property and therefore no application was required. 2.4. Three new seasonal sidewalk patios were installed throughout the 2020 season at the Endivine Bar and Grill in Bowmanville, the Massey House in Newcastle, and the Fire Hall Bistro in Orono. The cost of the construction of the patio infrastructure at each of these locations was supported by the $7,500 of funding allocated from the downtown Community Improvement Plan grant funds in each community. 2.5. Restaurants have provided feedback indicating the importance of the sidewalk patio to the business during a year when conventional operations have not been possible. Other feedback has related to the size of the patio area in relation to the physical distancing measures in effect, which has resulted in the seating capacity being significantly reduced. 2.6. Staff also received feedback from a member of the Orono community indicating concerns that the patio at the Fire Hall Bistro created a sight line issue for those using the adjacent laneway. Main Street in Orono is a road under the Region of Durham’s jurisdiction. Staff worked closely with Regional staff this year to design and obtain the necessary approvals for the patio. Staff will consult with Regional staff to ensure this issue is addressed should the Fire Hall Bistro re-apply for the sidewalk patio in 2021. 2.7. Seasonal sidewalk patio infrastructure remained in place until the end of October this year, at which point removal was necessary in order to prepare for winter road maintenance. The COVID-19 Factor 2.9 This annual report typically deals exclusively with Clarington’s Seasonal Sidewalk Patio Program. However, on the subject of patios in 2020, it is important to provide a brief overview of patios in the context of the COVID-19 pandemic. 2.10 In June 2020, the Alcohol and Gaming Commission of Ontario (AGCO) announced that liquor sales licensees were able to temporarily extend their patios or temporarily add a new licensed patio adjacent to the premises for the duration of 2020, once they were permitted to open. Licensees were required to demonstrate the municipality did not object to the patio, and they were able to comply with applicable physical distancing requirements. Municipality of Clarington Page 5 Report PDS-005-21 2.11 In response, Council directed staff to (i) adapt the existing Sidewalk Patio Program process and application form to deal with temporary COVID-19-related patios (ii) work with participating restaurants to ensure all applicable safety and accessibility requirements are met, and (iii) incorporate a grant program to support the cost of establishing outdoor seating areas into the COVID-19 CIP. 2.12 Twelve local restaurants took advantage of the opportunity to create outdoor eating areas to offset the restrictions on indoor dining. In some cases, temporary patios were located along municipal rights-of-way while other businesses created outdoor seating areas on private property. 2.13 Costs associated with the set-up and furnishing of new or expanded COVID-19-related outdoor seating areas are eligible for funding under the Adaptation to Outdoor Operation grant included in the COVID-19 CIP. Qualifying restaurants are encouraged to apply for a grant to assist with such costs. Grant applications for patio projects completed in 2020 are being accepted until February 11, 2021. 2.14 In December, the Province announced amendments to a number of regulations to support businesses as they recover. These include amendments to Ontario Regulation 719 under the Liquor License Act to enable an extension of the permission for temporary patios. The Registrar of the AGCO recently indicated support for the continuation of the current permissions until the end of 2021. 2.15 Staff will monitor new information relating to patios as it becomes available and will continue to work with participating restaurants in 2021. Adjustments to the temporary COVID-19-related patio process may be necessary as the pandemic situation evolves and new adaptation strategies emerge. 3. Guidelines and Approval Procedure for Seasonal Sidewalk Patios 3.1. In 2018, Municipal staff developed a Seasonal Sidewalk Patio approval process and an application form that outlines all the applicable requirements and guidelines (Attachment 1). The process and form are typically reviewed and updated as necessary after each patio season to reflect feedback received on the process, experience gained through the implementation of the program, and the actual operating costs. At this time, there are no changes proposed to application form, which is appended to this report as Attachment 1. 3.2. The Municipality is responsible for design and construction of the patio infrastructure in order to ensure any rerouting of the sidewalk (if necessary) is carried out in a safe and appropriate manner. The Municipality also provides off-site winter storage of the patios. Municipality of Clarington Page 6 Report PDS-005-21 3.3. Initially, the installation and removal of the patio was carried out by a contractor arranged by the Municipality, the cost of which was to be covered by the Sidewalk Patio License Fee. Beginning in fall 2019, Public Works staff has handled the set-up/removal of patio infrastructure. This modification to the process has helped to reduce and better anticipate costs. Restaurant owners are responsible for the patio area once installed, including planters, furniture, heaters, lighting etc., and are required to provide site plan drawings of the patio area proposed to occupy municipal property. 3.4. In preparation for the 2020 patio season, the Sidewalk Patio License Fee was increased by 15% to $1,725 to better reflect the costs associated with the set-up/removal of the patios at the beginning and end of each seaso n. A License Fee increase is not recommended for 2021 at this time; however, the Fee will be subject to an annual increase (approximately 3%) applicable to all Planning applications. 3.5. Staff worked closely with the contractor who constructed the three new sidewalk patios for the 2020 season in an effort to increase efficiency and decrease the cost of the patio set-up/removal process and maximize the Municipality’s investment in sidewalk patio infrastructure. Through this collaboration, the design of the patio infrastructure has been standardized, enabling it to be installed at and used by any qualifying restaurant. Further, the patios have been constructed to enable them to be transported in a standard pick-up truck, simplifying the process and reducing the need for and cost of specialized rental equipment. 3.6. Restaurants applying for sidewalk patios are responsible for obtainin g (i) the necessary insurance to address municipal right-of-way occupancy, and (ii) a liquor licence to cover the sidewalk patio area. Council direction was to restrict applications to restaurants that have liquor licences and are open in the evening and on weekends. This requirement was meant to address the goal of “enlivening the downtowns”. In 2020, Council modified the guidelines to enable restaurants in Orono without liquor licences to participate in the Program. 3.7. Coffee shops and cafes that do not have liquor licences have historically placed tables and chairs adjacent to their storefronts. This practice continued throughout the 2020 patio season as businesses adapted operations during the pandemic. Provided this street furniture is maintained by the café owner and does not narrow the sidewalk beyond 1.8 metres, they have been allowed. However, should the furniture impede pedestrian access, Municipal By-law Enforcement has the right to remove the impediment as outlined in the Boulevard By-law 2013-066. Municipality of Clarington Page 7 Report PDS-005-21 3.8. The Application Form and patio design requirements contained in the Guidelines have been reviewed with the Accessibility Coordinator and the Accessibility Advisory Committee. All patios must comply with requirements of the Accessibility for Ontarians with Disabilities Act. Seasonal Sidewalk Patio Applications are reviewed to ensure the location, design and layout and ingress/egress meet the applicable requirements under the Act. 4. Community Support 4.1. Feedback from the community relating to the Program in 2020 has been relatively minimal. As mentioned previously, staff is aware of a concern regarding a sight line issue in Orono. As in past years, the community appears to have embraced the presence of sidewalk patios during the summer months. Patios appeared to be well- used this season and perhaps offered a welcome opportunity for a brief respite during the ongoing pandemic. 4.2. The BIAs and CIP Liaison Groups have been kept apprised of the Seasonal Sidewalk Patio Program, the adapted process to provide for temporary COVID-19-related patios, and the development of the COVID-19 CIP grant programs to assist with the costs of outdoor seating areas. 4.3. BIAs generally agree the outdoor patios serve as a people generator and enliven the street, thereby achieving the Program objectives. CIP Liaison Group members feel the Program has been successful and support continuation and expansion of sidewalk patios. In 2019, Bowmanville members inquired as to potential of a grant to cover the fee in light of the positive contribution of sidewalk patios to the downtown. Sidewalk Patio Licence Fees paid by restaurants in 2020 are eligible for coverage under the COVID-19 CIP grant programs. 4.4. Initial concerns relating to safety and loss of parking appear to have been abated as the Program has been implemented. To date, there does not appear to have been a negative effect on the parking supply in the downtown areas, however each Seasonal Sidewalk Patio application is and will continue to be reviewed in this context. 4.5. Clarington Tourism has featured outdoor patios as part of its promotions in recent years. Tourism operators have received positive feedback from visitors indicating that sidewalk dining opportunities are appreciated. Municipality of Clarington Page 8 Report PDS-005-21 4.6. In support of the expansion and continued success of the Seasonal Sidewalk Patio Program, and the enhanced importance of patios to support restaurants’ operations during the COVID-19 pandemic, staff recommends the allocation of funding from the Bowmanville, Newcastle, and Orono CIP funds to support new participants in the Seasonal Sidewalk Patio Program in 2021. It is noted the value of the funding through each downtown CIP is smaller than has been allocated in previous years. This has been recommended in consideration of the new funding o pportunities in support of patios under the COVID-19 CIP. 5. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 6. Conclusion 6.1. The purpose of this report is to provide an overview of the 2020 sidewalk patio season and outline any proposed updates to the Program for 2021. 6.2. 2020 was a particularly active patio season, in light of the ongoing COVID-19 pandemic. Three new seasonal sidewalk patios, one in each downtown, were approved and constructed. The design of the new patio infrastructure was standardized this year to maximize efficiency and decrease costs of set-up and removal. 6.3. Existing sidewalk patios have been successful in animating the street and drawing visitors to the downtown areas. To support the continued success of the Seasonal Sidewalk Patio Program, it is respectfully recommended that funds be allocated from the downtown CIP programs in 2021. Staff Contact: Sarah Allin, Planner II, 905-623-3379 extension 2419 or sallin@clarington.net. Attachments: Attachment 1 – Seasonal Sidewalk Patio Application Form; 2021 Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-005-21 Page 1 of 7 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Seasonal Sidewalk Patios on Municipal Property Application Form Municipality of Clarington Planning Services Department Please ensure all information is included in the application. Incomplete applications will not be accepted. Please return this application by 4:00 PM on or before March 1st. Business Information Owner Name: Phone Number: Registered Name of Business: Operating Name of Business: Street Address of Business: Postal Code: E-Mail: After Hours Contact 1 Name: Phone number: After Hours Contact 2 Name: Phone Number: Checklist Requirement Y/N Copy of complete Seasonal Sidewalk Patio Application Form Copy of the vendor permit for the business Site Plan, including dimensions (see appendix A) Copy of current liability insurance (see appendix B) Patio Sidewalk License Fee payment Copy of AGCO liquor license for principal establishment and sidewalk patio* Municipal Information Form for the Alcohol and Gaming Commission of Ontario (AGCO)* Fees Patio Sidewalk License $1725 Fire Review and Inspection Building Review and Inspection As per the Fees By-law, as amended $153.47 Municipal Information Form for the AGCO No charge All applicable fees, as detailed in this application and/or as cited in the Municipality of Clarington’s Fee By-law, as amended from time to time, must be submitted with the completed Application. *Not required for restaurants in Orono that do not hold a liquor license. Attachment 1 to Report PDS-005-21 Page 2 of 7 I/We hereby make application to the Corporation of the Municipality of Clarington (“heretofore and hereafter “Clarington”) to occupy the right of way for the purpose described and agree to abide by the conditions of this permit and other applicable Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road occupancy to maintain the work area and to indemnify and save harmless Clarington until final completion and approval. I understand this is a competitive process and that application for a patio does not guarantee that I will be selected. I understand that the project is not guaranteed to continue in future years. Agreement I, the undersigned have read and understood the information provided and agree to abide by all conditions and provisions listed on this permit application, and permit, if issued. Authorized Representative Name: ___________________________ Signature:_________________________ Date: __________________ Attachment 1 to Report PDS-005-21 Page 3 of 7 Appendix A – Site Plan and Design Requirements Your patio design must conform to the following requirements. Site Plan Requirements: a. Location and dimensions of the patio entrances, exits, and access to washrooms, in accordance with the Integrated Accessibility Standards for the Design of Public Spaces; b. Location and use of the adjacent buildings and their entrances and exits; c. The location and dimensions of the patio and its entrances and exits; d. Area of the patio in square metres; e. Width of sidewalk occupied in metres; f. Length of sidewalk occupied in metres; g. Number of parking spaces occupied; h. Width of sidewalk that will remain unobstructed (to be at least 1.8 metres); i. The location and dimension of any enclosures, umbrellas, tents, awnings, etc.; j. The location, height, and construction material to be used for the boundary fence, gate location, and width of gate; k. Location of fire extinguishers; l. Location of tables, chairs, other furniture or installations, etc. and the distance between them to demonstrate how your patio will be accessible to patrons with limited mobility; m. Location of all municipal services and/or assets within or adjacent to the patio (e.g. location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc.). Identify whether any of these elements would need to be removed or relocated to accommodate the design. Additional fees may apply for removal or relocation, if such modification is permitted); n. The access to municipal improvements such as trees; o. The location of Durham Region or GO Transit stops close to the patio; p. The address of your business; q. The number of seats on your patio; and r. The maximum occupant load of your business and patio according to the Ontario Building Code. Design Requirements: a. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act (AODA). These guidelines set out basic requirements of the AODA. It is the responsibility of each business to ensure their own compliance with the Act; b. A minimum passable sidewalk width of 1.8m must be maintained at all times to ensure accessibility for pedestrians; c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A minimum street width of 6m must be maintained at all times to ensure adequate width for emergency vehicles; d. Patios are not permitted to occupy more than 2 parking spaces; Attachment 1 to Report PDS-005-21 Page 4 of 7 e. Entrances to the patio, aisles within the patio, and all public areas must be maintained in a manner that ensures the accessibility of patrons of all levels of ability (preferably 860mm); f. Design materials must be in keeping with the heritage character of downtowns; Plastic and polyvinyl is not permitted. Composites are permitted provided their appearance fulfills the above noted requirement(s). For input on potential design concepts, contact the Planning Services Department; g. Awnings, umbrellas and other fixtures must be maintained in good condition and repair; h. Barriers between the sidewalk extension and the patio should feature planting boxes and are to be maintained by the restaurant; i. No objects are permitted to overhang the sidewalk; and j. The Applicant may only occupy and use the outdoor patio after any installed structures have been approved in writing by Clarington. Clarington responsibilities: k. Temporary sidewalk design, location and dimensions, grade, construction material, safety and load bearing will be Clarington’s responsibility. Construction will be undertaken by a contractor; l. Exterior barriers encroaching into on-street parking spaces must be affixed with high- visibility reflective markers for nighttime visibility; m. Wooden sidewalk extensions may include safety traction tape to reduce the chances of pedestrians slipping; and n. Installation, removal and winter storage of constructed temporary sidewalk or patio. Appendix B – Liability Insurance Requirements Please provide proof that you are compliant with the following liability insurance requirement: You must hold and provide General Liability Insurance from an insurer licensed in the province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Corporation of the Municipality of Clarington against any liability for property damage or personal injury, negligence including death which may arise from the applicant’s operations under this agreement. The Corporation of the Municipality of Clarington must be included as an “Additional Named Insured”. In addition, the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. Attachment 1 to Report PDS-005-21 Page 5 of 7 Appendix C – General Conditions Your operation of an outdoor patio must conform to the following requirements. General conditions: a. Any person or persons intending to occupy a portion of the municipal right of way for any purpose, including a portion of the sidewalk, boulevard, or on-street parking must first receive permission from Clarington; b. Patios will not be installed prior to April 30 and will be removed no later than October 30 of each year. For Bowmanville, installation will be after Maplefest and removal will be prior to Applefest; c. Permission to install a patio for a season does not entitle a business to any right or expectation to be able to install a patio in subsequent seasons; d. Any required sidewalk extensions must be completed before obstruction of a sidewalk for construction or operation of a patio; e. The Applicant assumes all maintenance and liability for the patio and may be required to undertake alterations or repairs as are required by Clarington to maintain safety and accessibility; f. Clarington retains the right to access the patio and/or sidewalk extension if needed for maintenance or emergency access to municipal property; g. Permission to occupy the municipal right of way becomes null and void if the applicant should fail to meet the requirements set out in this application and other applicable documents, in which case, Clarington shall be at liberty to take any action it deems necessary to repair the patio or to reinstate the site to its original condition for public protection at the expense of the Applicant. In all cases the decision of Clarington staff is final; h. The Applicant shall maintain access to all public and private properties for the duration of the work; i. All municipal property, including the sidewalk, lighting, or other features will be returned to their initial condition or repaired of any damages. Damages not repaired by the Applicant will be repaired or replaced by Clarington at the Applicant’s cost. j. No business shall be eligible to operate an outdoor patio unless the business is in compliance with all Clarington’s requirements; k. The Applicant shall be deemed to be the “constructor” and the “owner” for all purposes under the Occupation Health and Safety Act for the railings and restaurant features on the sidewalk. The Applicant shall further be deemed to be the “occupier” for all purposes under the Occupiers Liability Act; l. The Applicant agrees to indemnify and save Clarington harmless from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, interest and/or legal fees on a substantial indemnity basis arising in connection with any matter that may arise from the issuance of a permit hereunder or the activities that occur on a patio; m. Clarington retains the right to access any planters, baskets, light posts, or other infrastructure for watering, maintenance, or other matters. Clarington may elect not to Attachment 1 to Report PDS-005-21 Page 6 of 7 install planters at the location of the patios; n. Any costs, expenses or liabilities incurred by Clarington as set out above may be collected by Clarington by means of invoicing for the costs; and o. The Applicant agrees to provide Clarington with a letter from a qualified person, after patio construction/installation and before beginning operations, confirming that construction completed is in general conformance with the approved design. Operating Requirements a. At a minimum, restaurants operating an outdoor patio must be open during the following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM; b. The operations of the business and patio must comply with Clarington’s Noise By- Law (2007-071), as amended; c. The owner shall ensure that the area around the patio is kept clear of litter, waste, cigarette butts, and refuse. The restaurant will inspect on a daily basis; d. No person shall operate an outdoor patio on any municipal property other than that for which permission has been granted; e. No person shall permit the consumption of alcoholic beverages within any outdoor patio area unless such area is licensed under the provisions of the Liquor License Act to permit the consumption of alcoholic beverages and unless such outdoor patio extension is operated in conjunction with a business holding a valid Liquor License; f. Where such premise is licensed to permit the consumption of alcoholic beverages, no person shall serve or allow the consumption of alcoholic beverages contrary to any law; and g. Outdoor patio operations are permitted only during hours authorized by the Municipality of Clarington. Patio operations must cease between the hours of 10:00 PM and 7:00 AM, except for Fridays and Saturdays in July and August, during which patios are permitted to remain open until 11:00 PM. Patrons are not permitted to be in, or remain in, the patio area outside of authorized hours of operation. Clarington reserves the right to change these hours. Attachment 1 to Report PDS-005-21 Page 7 of 7 Appendix D – Post-submission evaluation Submission of a complete application is not a guarantee of permission being granted for an outdoor patio. Applications will be evaluated by staff to determine which will be selected. Applications will be circulated to appropriate departments and partner organizations for their comments. Criteria Criteria Explanation Location Sites that are located in ways that are complementary to the existing street design and require less extensive change to existing use and management patterns will be preferred. Design Material choice – Appropriate heritage materials and design. Streetscape – Attractive design elements for both patrons and pedestrians. Safety Sites that pose fewer challenges to traffic and pedestrian movement and sightlines will be preferred. Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for all patrons, in part through greater sidewalk width, will be preferred. Sites should not reduce accessibility by proposing the displacement of parking designated for persons with disabilities. Potential Preference will be given to patios that offer greater potential to demonstrate the economic benefit of the program.