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Land Use, Housing & Zoning
Dos Caminos Mexican Restaurant’s application for a three-year permit to operate an open-air café in the Privately Operated Public Space of 275 Park Ave
At the regularly scheduled monthly Community Board Five meeting on Thursday, February 08, 2024, the following resolution passed with a vote of 33 in favor; 0 opposed; 1 abstaining:
WHEREAS, Dos Caminos is a restaurant at 480 Lexington Avenue, located at the southeast corner on the ground floor of 245 Park Avenue, (a full block 44 story commercial office building), between East 46th Street and East Street 47th Street within a C5-3 Commercial Zoning District; and
WHEREAS, The building in which Dos Caminos leases retail space occupies the entirety of Block 1301, Lot 1, bounded by Park Avenue, East 46th Street Lexington Avenue and East 47th Street; and
WHEREAS, the building contains a total of 1,442,848 square feet of commercial floor area, 223,543 square feet of which is bonus floor area generated by the 19,138 square foot plaza plus 10,402 square feet of arcades which surround the building on all four sides.
WHEREAS, The plaza area that Dos Caminos is requesting to use as its Open Air Cafe has approximately 66 feet of frontage on Lexington Avenue and approximately 35 feet of frontage on East 46th Street and contains a total area of approximately 1,381 square feet and comprises 7.2% of the privately-owned public space (POPS) that is generating the floor area bonus; and
WHEREAS, The proposed Open Air Cafe would have 17 tables, 54 chairs, 2 booths and 2 benches along Lexington Avenue on the southeast corner of the public plaza, and
WHEREAS, CB5 believes that open air café seating in a privately owned public place may be a public benefit only when seating and tables can be used by the public without a need for purchase of food or beverage; and
WHEREAS, Dos Caminos agreed to allow non-paying users to sit at the café tables and chairs and to use the restrooms inside the restaurant, without need for purchase of food or beverage, within reasonable limits as the restaurant may, in its sole discretion, determine; and
WHEREAS, representatives of Dos Caminos agreed that under certain conditions, non-paying users may use the restroom as needed without need for purchase of food or beverage; and
WHEREAS, representatives of Dos Caminos agreed that Dos Caminos would instruct the staff of the restaurant to welcome the public to use the seating in the Open-Air Café; and to use the public bathrooms inside the restaurant; and
WHEREAS, Dos Caminos indicates that “reasonable limits” on non-paying users use of the café tables and chairs would include, but not be limited to, for example, peak dining hours and while Dos Caminos believes It is not possible to draw up a comprehensive list of every conceivable circumstance in which non-customer use of the café might be limited, which is why it must be left to the restaurant’s discretion, Dos Caminos commits that discretion will be exercised in good faith so as to allow non-paying users use as long as it doesn’t conflict with, detract from or otherwise hinder or impede the use and operation of the café as an eating and drinking establishment; and
WHEREAS, Dos Caminos willingness to provide in good faith, access for non-paying users to table seating and bathroom amenities is consistent with M-CB5 general policy intent on open air cafes in POPS; and
WHEREAS, while not as extensive as desired, M-CB5 considers such access and commitment acceptable; therefore be it
RESOLVED, Community Board Five recommends approval of the application for an Open Air Cafe to be operated and managed by Dos Caminos, the restaurant leasing space at 40 West 53rd Street for the next three years, with the clear understanding and commitment that conditions agreed upon between Dos Caminos and M-CB5 and spelled out in this resolution are honored.