Item - 2018.TE30.50

City Council on March 26 and 27, 2018, adopted the following:

1. City Council approve the implementation of outdoor cafés and public installations and the temporary closure, to vehicular traffic, of the required sections of the curb lanes described in Appendix A - King Street Temporary Closures for Public Spaces, to the report (February 16, 2018) from the Director, Public Realm Section, Transportation Services, from March 29, 2018 to December 31, 2018, inclusive, solely for the King Street Transit Pilot.

2. City Council authorize the Executive Director, Municipal Licensing and Standards to grant temporary permits for the operation of an outdoor café within the designated public spaces as described in Appendix A - King Street Temporary Closures for Public Spaces to the report (February 16, 2018) from the Director, Public Realm Section, Transportation Services, from March 29, 2018 to December 31, 2018, inclusive, solely for the King Street Transit Pilot, subject to the following requirements:

a. permit holder must have a business licence for an eating establishment from the City in good standing; 

b. permit holder must pay a one-time application fee and the applicable permit fee per square metre according to Chapter 441, Fees and Charges, for outdoor cafés similar to the fee for boulevard cafés;

c. permit holder maintains at all times a policy of Commercial General Liability insurance in an amount and form satisfactory to the City of Toronto;

d. permit holder may be permitted to have an extended café on a curb lane that extends across a designated curb lane space of an adjacent establishment if approved by the Executive Director, Municipal Licensing and Standards;

e.  permit holder must ensure that the outdoor café is closed and cleared of all patrons by no later than 12:00 a.m. midnight on Friday and Saturday nights and 11:00 p.m. on all other nights;

f. permit holder shall not allow amplified sound on the outdoor café;

g. permit holder shall not allow outdoor food preparation in the permit area;

h. permit holder shall not place or permit the placement of barbeques in the permit area;

i. permit holder shall not obstruct, hinder, or interfere with the free access of an employee or agent of the City, or any utility provider, to enter any portion of the permit area for the purpose of the installation, maintenance or repair work or inspection of any part of the permit area;

j. permit holder shall not interfere with curbside garbage collection;

k. permit holder is required at all times and at their own expense, to:

i. maintain all portions of the permit area and the street around the permit area in clean and sanitary condition, including removing all debris and cigarette butts;

ii. keep any objects and furnishing associated with the permit area in good and proper repair and condition;

iii. secure all moveable objects, including café furniture, with cable wire or similar device during non-business hours; and

iv. pay all utility, service, infrastructure or other rates, fees and charges that are incurred due to the operation of the permit area;

l. permit holder shall immediately close and remove the outdoor café on a curb lane at the expense of the permit holder if the Executive Director, Municipal Licensing and Standards provides notice to the permit holder to do so;

m. permit holder will not assign, transfer, or sub-let the permission for the use of all or any portion of the permit area to any other person;

n. the applicant shall provide a detailed, scaled site plan(s) to the satisfaction of the Executive Director, Municipal Licensing and Standards showing all relevant dimensions and design details of the outdoor café on a curb lane in any such application to the City;

o. all outdoor cafés on a curb lane shall meet the specified design and installation requirements to the satisfaction of the Executive Director, Municipal Licensing and Standards as outlined in the permit agreement with the City, including terms and conditions for the outdoor café on a curb lane such as:

i. have a secure, stable, and safe vertical barrier along the perimeter of the outdoor café on a curb lane of at least 0.9 metres in height and any opaque portions of any barrier must not be greater than 0.9 metres in height, measured from the surface of the street, to preserve sight lines;

ii. include a wheel stop within the permit area at a distance of 1.2 metres from each end of the outdoor café on a curb lane, unless determined otherwise by the City; and have secure, stable and safe planters in the permit area at each end of the outdoor café on a curb lane to help protect it from moving traffic and loading vehicles;

iii. have retro-reflective marking tape at each end of the outdoor café on a curb lane and all its other materials must minimize glare for drivers and cyclists;

iv. not have jersey barriers;

v. have a surface that is stable, safe, and slip-resistant;

vi. not block stormwater drainage and overland flow;

vii. have all parts of any umbrellas on an outdoor café on a curb lane be set back at least 0.8 metres from its edges adjacent to the travel lanes and loading spaces;

viii. be removed entirely at the end of the term of the permit and the highway restored;

ix. have an unobstructed emergency access route between the travelled portion of the road and adjacent building entrances, in conformance with the Ontario Building Code and Fire Code;

x. not have any enclosures, structures, or visual screens on or over the permit area;

xi. meet any minimum separation distances to utilities or public infrastructure as determined by the Executive Director, Municipal Licensing and Standards;

xii. not place or permit the placement of any outdoor carpeting, artificial turf or other surface covering on any portion of the sidewalk or street unless otherwise reviewed and approved by the Executive Director, Municipal Licensing and Standards;

xiii. meet minimum pedestrian clearway requirements as determined by the City;

xiv. have at least one accessible entrance to the permit area that is no less than 1 metre in width and an accessible ramp if applicable;

xv. locate the outdoor café on a curb lane with a minimum 0.3 metres set back from the adjacent travel lane (as measured from the edge of the outdoor café on a curb lane closest to the adjacent travel lane) or a greater dimension as determined by the City; and

xvi. meet the conditions for street work and installation (e.g., day of week and time of day and work zone coordination) as determined by the City to meet safety regulations and mitigate disruption to transit and other operations on King Street;

p. prior to receiving the permit, the business owner must enter into an agreement with the City containing terms and conditions deemed by the Executive Director, Municipal Licensing and Standards to be relevant and in accordance with the report (February 16, 2018) from the Director, Public Realm Section, Transportation Services, including any requirements set out in Chapter 313.36E, Boulevard Cafés, deemed by the Executive Director, Municipal Licensing and Standards to be applicable, including any requirements deemed by the General Manager, Transportation Services to be applicable in Transportation Services Division's review and input on applications for outdoor cafés on a curb lane; 

q. permit holder shall comply with any conditions required by the Alcohol and Gaming Commission of Ontario under the Liquor Licence Act, as applicable; and

r. failure to comply with any of the conditions set out in the permit and/or the agreement may result in the revocation of the permit in accordance with the agreement.

3.  City Council amend Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services until December 31, 2018 the authority to temporarily close to vehicular traffic portions of the curb lanes on King Street West and East for any length of time but ending no later than December 31, 2018 for the King Street Transit Pilot – Outdoor Cafés and Public Installations in the Curb Lane Public Spaces and to exempt the General Manager, Transportation Services in carrying out this delegation from Section 937-5 of Chapter 937.

4.  City Council authorize the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services to grant temporary permits for a term ending no later than December 31, 2018 for outdoor cafés or public installations on a curb lane, respectively, on King Street West and East where such curb lane is closed pursuant to the General Manager, Transportation Services’ authority under Part 3 above, such permit to be subject to the requirements identified in Parts 2.a. to 2.r. above, or to the requirements identified in Parts 6.a. to 6.i. below, respectively.

5.  City Council authorize the Executive Director, Municipal Licensing and Standards to establish any policies and procedures necessary to implement the temporary permit process set out in the report (February 16, 2018) from the Director, Public Realm Section, Transportation Services and may, as appropriate, adopt and adapt any boulevard café requirements from former City of Toronto Chapter 313 for the purposes of issuing the permit for an outdoor café on a curb lane, including but not limited to, exempting King Street Transit Pilot applicants from Chapter 313 B(5), B(6), B(7) and B(8) on public notice requirements.

6. City Council authorize the General Manager, Transportation Services to grant temporary permits for public installations on a curb lane in the designated public spaces as described in Appendix A - King Street Temporary Closures for Public Spaces to the report (February 16, 2018) from the Director, Public Realm Section, Transportation Services, from March 29, 2018 to December 31, 2018, inclusive, subject to the following requirements that will be finalized in the permit agreement between the applicant and the City: 

a. the applicant shall submit a temporary permit application to the Right-Of-Way Management Unit of Transportation Services in a form satisfactory to the General Manager, Transportation Services;

b. prior to receiving the permit, the applicant must enter into an agreement with the City containing terms and conditions deemed by the General Manager, Transportation Services to be relevant and in accordance with the report (February 16, 2018) from the Director, Public Realm Section, Transportation Services, including any requirements set out in Chapter 743, Streets and Sidewalks, Use Of, deemed by the General Manager, Transportation Services to be applicable, and any other terms;

c. the applicant shall provide a detailed, scaled site plan(s) to the satisfaction of the General Manager, Transportation Services showing all relevant dimensions and design details of the public installation on a curb lane in its application to the City;

d. all public installations on a curb lane shall meet the specified design and installation requirements to the satisfaction of the General Manager, Transportation Services as outlined in the permit agreement with the City, including terms and conditions such as:

i. have a secure, stable, and safe vertical barrier along the perimeter of the public installation on a curb lane of at least 0.9 metres in height and any opaque portions of any barrier must not be greater than 0.9 metres in height, measured from the surface of the street, to preserve sight lines, unless determined otherwise by the General Manager, Transportation Services;

ii. include a wheel stop within the permit area at a distance of 1.2 metres from the end of the public installation on a curb lane, unless determined otherwise by the General Manager, Transportation Services; and have secure, stable and safe planters in the permit area at each end of the public installation on a curb lane to help protect it from moving traffic and loading vehicles;

iii. have retro-reflective marking tape at each end of the public installation on a curb lane and all its other materials must minimize glare for drivers and cyclists;

iv. not have jersey barriers;

v. have a surface that is stable, safe, and slip-resistant;

vi. not block stormwater drainage and overland flow;

vii. have all parts of any umbrellas on a public installation on a curb lane be set back at least 0.8 metres from its edges adjacent to the travel lanes and loading spaces;

viii. be removed entirely at the end of the term of the permit and the highway restored;

ix. have an unobstructed emergency access route between the travelled portion of the road and adjacent building entrances, in conformance with the Ontario Building Code and Fire Code;

x. not have any enclosures, structures, or visual screens on or over the permit area;

xi. meet any minimum separation distances to utilities or public infrastructure as determined by the General Manager, Transportation Services;

xii. not place or permit the placement of any outdoor carpeting, artificial turf or other surface covering on any portion of the sidewalk or street unless otherwise reviewed and approved by the General Manager, Transportation Services;

xiii. meet minimum pedestrian clearway requirements as determined by the General Manager, Transportation Services;

xiv. have at least one accessible entrance to the permit area that is no less than 1 metre in width and an accessible ramp if applicable;

xv. locate the public installation on a curb lane with a minimum 0.3 metres set back from the adjacent travel lane (as measured from the edge of the public installation on a curb lane closest to the adjacent travel lane) or a greater dimension as determined by the General Manager, Transportation Services; and

xvi. meet the conditions for street work and installation (e.g., day of week and time of day and work zone coordination) as determined by the General Manager, Transportation Services to meet safety regulations and mitigate disruption to transit and other operations on King Street;

e. permit holder maintains at all times a policy of Commercial General Liability insurance in an amount and form satisfactory to the City of Toronto in accordance with Chapter 743, Streets and Sidewalks, Use Of;

f. no alcohol will be permitted to be consumed and/or served within a public installation on a curb lane;

g. permit holder shall immediately close and remove the public installation on a curb lane at the expense of the permit holder if the General Manager, Transportation Services provides notice to the permit holder to do so;

h. permit holder will not assign, transfer, or sub-let the permission for the use of all or any portion of the permit area to any other person; and

i. failure to comply with any of the conditions set out in the permit and/or the agreement may result in the revocation of the permit in accordance with the agreement.

7. City Council authorize the General Manager, Transportation Services to establish any policies and procedures necessary to implement the temporary permit and/or street work processes set out in this report and may, as appropriate, adopt and adapt any requirements from City of Toronto Chapter 743 for the purposes of issuing the public installation on a curb lane permit.

8. City Council waive the application fee as found as Reference No. 36.1 under Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2, Transportation Services, for applicants for outdoor cafés on a curb lane and public installations on a curb lane for the duration of the King Street Transit Pilot. 

9. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of the King Street Transit Pilot – Outdoor Cafés and Public Installations in the Curb Lane Public Spaces.

10. City Council authorize the Executive Director, Municipal Licensing and Standards to enter into agreements, in a form satisfactory to the Executive Director, Municipal Licensing and Standards, and to execute the agreements associated with the issuance of permits for outdoor cafés on a curb lane for the King Street Transit Pilot project.

11. City Council authorize the General Manager, Transportation Services to enter into agreements, in a form satisfactory to the General Manager, Transportation Services, and to execute the agreements associated with the issuance of permits for public installations on a curb lane for the King Street Transit Pilot Project.