Policy Order #23-147, regarding a report on whether change in language to the CSO is necessary to enable installation …

Date: September 28, 2023

Subject: POR 2023 # 147: Report on whether change in language to the CSO is necessary to enable installation of permanent, seasonal, and/or temporary outdoor dining and pop-ups alongside separated bicycle lanes consistent with Cycling Safety Ordinance that address concerns about the current situation. ___________________________________________________________________________ In response to the Council Order requesting a report on whether change in language to the CSO is necessary to enable installation of permanent, seasonal, and/or temporary outdoor dining and pop-ups alongside separated bicycle lanes consistent with Cycling Safety Ordinance (CSO) that address concerns about the current situation, we report the following: The current language of the CSO is sufficient to allow both separated bicycle lanes, as defined within the ordinance, and outdoor dining or pop-ups in all locations where there is parking or loading space available.

In addition, we have developed an operational plan that will allow for the return of parking or loading during winter when outdoor dining is not licensed. The attached figure shows a typical location along a corridor with separated bicycle lanes with outdoor dining. The bicycle lane is marked along the curb for the length of the block, as is typical. The outdoor dining set up, whether it exists prior to bike lane installations or is added later, is installed adjacent to the curb.

During dining season, or during a pop-up, the bike lane will be directed out around dining set-up into the space that would otherwise be floating parking. Jersey Barriers will be used to provide separation between the bicycle lane and the travel lane. When outdoor dining is not happening, the barriers would be removed, the bicycle lane returns to the curb with flex post separating the lane from the floating parking/loading that becomes available for use.