Item - 2019.EC2.3

The Economic and Community Development Committee recommends that:

1.  City Council establish a separate Toronto Municipal Code Chapter for sidewalk cafés, public parklets, and marketing displays, in accordance with the recommendations contained in the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

Definitions

2.  City Council establish the following definitions for sidewalk cafés, public parklets and marketing displays:

AWNING - A removable or retractable unenclosed temporary structure, affixed to the adjacent building, that is made of light material having a light metal or reasonably equivalent frame covered by fire-proof canvas or similar sail goods, that is installed over a permitted café or marketing area. If the structure is attached to the surface of a street, it is not an awning under this chapter.

APPLICANT – A person applying for a permit under this by-law.

ARTERIAL ROAD - Any street that is designated as such in the City's road classification system, as amended from time to time.

BOULEVARD CAFÉ – Has the same meaning as sidewalk café.

BUSINESS IMPROVEMENT AREA – A board of management for an area designated as a Business Improvement Area established under Municipal Code Chapter 19.

CHIEF BUILDING OFFICIAL – The Chief Building Official of the Toronto Building Division for the City of Toronto and his or her designate.

COLLECTOR ROAD - Any street that is designated as such in the City's road classification system, as amended from time to time.

CURBSIDE – The portion of a sidewalk located immediately adjacent to the edge of the portion of the street used for vehicle traffic, where the edge is demarcated by a continuous poured raised concrete curb.

CURBSIDE CAFÉ – A sidewalk café that is located curbside.

EMERGENCY WORK – Work within a street that must be completed immediately due to health or safety concerns, or due to the urgent need to restore essential services, as determined in the sole and exclusive opinion of the City.

EXECUTIVE DIRECTOR – The Executive Director of the Municipal Licensing and Standards Division for the City of Toronto and his or her designate.

FORMER BY-LAW – Means Chapter 313, Streets and Sidewalks of the former City of Toronto; by-law 16-97 of the former City of East York; by-law 41-93 of the former Municipality of Metropolitan Toronto; by-law Number 29607 of the former City of North York; by-law 3343-79 of the former Borough of York; and any permission or approval of the City of Toronto or any predecessor municipality to an operator of a sidewalk café granted at any time immediately prior to the date this Chapter came into force.

FRONTAGE CAFÉ – A sidewalk café that is located immediately adjacent to the frontage wall of the associated establishment.

FURNISHING AND PLANTING ZONE – The zone or area of the sidewalk and boulevard that provides space for a wide range of street elements such as trees, other plantings, litter and recycling bins, benches, street lights, and bicycle racks.  

GENERAL MANAGER - The General Manager of Transportation Services for the City of Toronto and his or her designate.

LOCAL ROAD - Any street that is designated as such in the City's road classification system, as amended from time to time.

MARKETING DISPLAY - A display, placement or exposing of any goods, articles, foodstuffs, or merchandise within a street for the purposes of retail sale from inside the adjoining commercial or industrial premises.

OBSTRUCTION – Any fixture or object that interferes with the pedestrian clearway including but not limited to street furniture, fire hydrants, fire department connections, hydro poles, planters and plants, street trees, open tree pits, publication boxes, parking meters, A-frame signs, bicycle parking including the bicycle, benches, ramps, street lights, traffic lights/boxes, waste bins, transit shelters, bollards, merchandise, fences, pillars, and utilities.

OPERATOR – the operator of the business in the associated establishment with a sidewalk café, parklet café or marketing display.

PARKLET CAFÉ– A type of sidewalk café that is a temporary lateral projection into the curb lane or parking lane of a street.

PEDESTRIAN CLEARWAY – the zone or area of sidewalk that accommodates pedestrian movement, is free of obstructions, and must be a clear and continuous path that provides universally accessible, safe and comfortable passage for pedestrians.

PERMIT - A permit issued under this by-law.

PERMIT AREA - the part of the street for which a permit was issued under this by-law.

PERMIT HOLDER – the holder of a permit issued under this by-law or where a permit has been transferred, the new owner or operator to whom the permit has been transferred.

PUBLIC PARKLET – A temporary lateral projection into the curb lane or parking lane of a road that is used for a public space.

SERVICE ANIMAL - A service animal as defined in in subsection 80.45(4) of O.Reg. 191/11, Integrated Accessibility Standards.

SIDEWALK - The portion of a street that is improved for the use of pedestrians.

SIDEWALK CAFÉ – an outdoor eating area located in a street where food or drink is served to the public by an eating or drinking establishment as defined in Toronto Municipal Code, Chapter 545, Licensing, and includes a curbside café, frontage café, and parklet café. A sidewalk café does not include a small frontage café, small curbside standing café, or a public parklet.

SMALL CURBSIDE STANDING CAFÉ – A permitted encroachment that consists only of a single table, without any seating, running parallel to the curb line, with all parts of the standing café and its patrons within the furnishing and planting zone of the sidewalk.

SMALL FRONTAGE CAFÉ – A permitted encroachment that consists only of a single line of seating, with or without tables, on the sidewalk against the frontage wall of the associated establishment.

SMALL MARKETING DISPLAY – A permitted encroachment that consists of a marketing display on the sidewalk against the frontage wall of the associated establishment.

STREET - A highway as defined in the City of Toronto Act, 2006.

Permit Application Requirements

3.  City Council direct that:

a. Any person who wants to install a sidewalk café, public parklet, or marketing display must apply for and obtain a permit from the City; pay all applicable fees, including permit and application fees; and, enter into a written agreement with the City in a form satisfactory to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets.

b.  A small frontage café, small curbside standing café, or small marketing display on a sidewalk does not require a permit, application, or fee, but the operator must comply with the requirements set out in the new by-law.

4.  City Council direct that to apply for a permit, applicants must submit:

a.  a complete application in the form prescribed by the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, and pay in advance an application fee in the amount specified in Attachment 1 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services;

b.  if the applicant is not the owner of the property adjoining the location of the proposed sidewalk café, public parklet or marketing display, a letter signed by the property owner indicating that the property owner does not object to the application;

c.  detailed, scaled plans and specifications to the satisfaction of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets, as may be required to determine if the proposed sidewalk café, public parklet, or marketing display complies with the requirements set out in the new by-law, including but not limited to detailed designs showing the permit area will be accessible to persons with disabilities, site plans and photographs, property dimensions, sidewalk and street dimensions and photographs, location and separation distances to street elements and utilities, and other stamped architectural/ engineering detailed drawings or construction specifications for items such as for awnings, fencing, platforms or parklet elements;

d.  proof that the adjoining property is zoned for industrial or commercial uses; and

e.  any other information deemed necessary by the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets.

Notice Requirements for Sidewalk Café and Public Parklet Applications

5.  City Council direct that, upon receipt of a complete application for a sidewalk café or public parklet, the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets, will notify the following people:

a.  the Applicant;

­b.  the local Ward Councillor;

c.  the local Business Improvement Area under Toronto Municipal Code, Chapter 19, if applicable; and

d.  any resident associations registered with the City Clerk that includes the proposed café location within its area of representation.

6.  City Council direct the Executive Director, Municipal Licensing and Standards, in the case of sidewalk café applications along a local road, to notify all property owners and occupants located within a 60 metre radius of the proposed café location.

7.  City Council direct that all sidewalk café applicants must display a notice of the application in a form, size and location satisfactory to the Executive Director, Municipal Licensing and Standards on the associated establishment for no less than twenty-one (21) days commencing on a date specified by the Executive Director, Municipal Licensing and Standards.

Thresholds for Refusing an Application

8.  City Council direct the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets, to refuse an application for a sidewalk café, public parklet, and/or marketing display if:

a.  the application contains false, misleading or fraudulent information;

b.  in the case of sidewalk cafés, staff receive multiple objections to the application from members of the public during the 21 day period of displayed public notice;

c.  staff receive an objection from Transportation Services, Toronto Transit Commission, Toronto Fire Services, Parks, Forestry and Recreation, City Planning, Enbridge, Toronto Hydro, or any other utility company deemed necessary by the Executive Director, Municipal Licensing and Standards;

d.  the proposed sidewalk café, public parklet, or marketing display does not meet the requirements of the by-law or any policy adopted in accordance with the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services; or

e.  the applicant has outstanding fees or fines with the City.

Appeal Process

9.  City Council direct that:

a.  An applicant will be notified if their application has been refused.

b.  An applicant may appeal the refusal of the application within 14 days of receipt of the notice of refusal.

c.  The appeal must be made in a form acceptable to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services and must include the applicant's grounds for the appeal.

Appeals – Changes to Delegation of Authority

10.  City Council delegate to the General Manager, Transportation Services the authority to hear, review and make final decisions with regard to appeals in relation to:

a.  the location, design and safety of parklet cafés;

b.  the location, design and safety of public parklets; or

c.  refusal of an application due to a failure to meet pedestrian clearway requirements under the new by-law.

11.  City Council amend Chapter 27, Council Procedures, to remove appeals in relation to the location, design and safety of parklet cafés and public parklets; and/or pedestrian clearway requirements under the new by-law from Community Council's authority to hear, review and make final decisions with regard to sidewalk café and marketing display permit appeals.

Appeals – General Manager, Transportation Services

12.  City Council direct that:

a.  The General Manager, Transportation Services may consult with a staff working group, such as staff from the Economic Development and Culture division and/or City Planning division, in considering appeals in relation to the location, design and safety of parklet cafés and public parklets; or pedestrian clearway requirements.

b.  The General Manager, Transportation Services will review appeals of application refusals in relation to the location, design and safety of parklet cafés and public parklets; or pedestrian clearway requirements and may make the following decisions:

i.  refuse the appeal and uphold the refusal of the application, or

ii.  grant the appeal subject to any terms and conditions determined to be appropriate by the General Manager, Transportation Services.

c.  The General Manager, Transportation Services will forward their decision on the appeal to the Executive Director, Municipal Licensing and Standards and the Executive Director, Municipal Licensing and Standards will:

i.  Notify the applicant that their appeal has been refused and their application will be refused; or

ii.  Where the appeal was granted and the only grounds for appeal were in relation to the location, design and safety of parklet cafés and public parklets; and/or pedestrian clearway requirements, issue the applicant a permit with the terms and conditions determined to be appropriate by the General Manager, Transportation Services; or

iii.  Where the appeal was granted and there are grounds for appeal other than those in relation to the location, design and safety of parklet cafés and public parklets; and/or pedestrian clearway requirements, forward the remainder of the appeal to Community Council for consideration on those other grounds for appeal.

Appeals – Community Councils

13.  City Council direct that:

a.  The Executive Director, Municipal Licensing and Standards prepare and forward a report to the appropriate Community Council upon receipt of an appeal on grounds other than the location, design and safety of parklet cafés and public parklets; or pedestrian clearway requirements and the report include the:

i.  applicant's grounds for the appeal;

ii.  grounds for refusal of the application; and

iii.  General Manager, Transportation Services's decision and conditions in relation to the approval of a pedestrian clearway appeal, where applicable.

b.  A notice of the appeal hearing will be provided to any person who submitted an objection to the application.

c.  Community Council will provide the applicant and any other person with the opportunity to be heard and may make the following decisions;

i.  refuse the appeal, or

ii.  grant the appeal and direct that permit be issued under a set of terms and conditions as determined by Community Council.

d.  If an appeal is refused for any reason, the application fee will not be refunded.

e.  Where an application has been considered and refused by Community Council, a further application for the same address or location shall not be accepted within two (2) years from the date of the prior application.

Permit Issuance

14.  City Council direct that a permit may be issued when all the following conditions are met:

a.  an application is approved or an appeal is granted;

b.  an applicant has entered into a written agreement with the City that is satisfactory to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of an application for a public parklet;

c.  an applicant has agreed to indemnify and save harmless the City from any actions, loss, costs, claims or damages arising from the use of the sidewalk or street for the purposes of the permit;

d.  an applicant has paid the annual permit fee and the fee for tree planting, if applicable; and

e.  an applicant has obtained the applicable approvals from Toronto Building, Toronto Fire Services, City Planning Heritage Preservation Services, and other City divisions and agencies, as may be necessary in the opinion of the Executive Director, Municipal Licensing and Standards.

Term and Permit Renewal

15.  City Council direct that:

a.  For permits requiring a business licence, the term and renewal date of the permit shall be harmonized to the term and anniversary of the date upon which the associated business licence was issued;

b.  For permits issued that do not require a business licence, the renewal date shall be the 12-month anniversary of the date of issuance of the permit; and

c.  A permit will not be renewed if the permit holder is in violation of the by-law, has unpaid fees or fines under the by-law, or cannot produce a certificate of insurance for the permit area.

Permit Requirements

16.  City Council direct that:

a.  Permit holders shall install and maintain the sidewalk café, public parklet or marketing display in accordance with the approved permit plan and permit agreement.

b.  Permit holders comply with any other applicable by-law or legislation.

c.  Permit holders maintain in good standing a business licence issued under Chapter 545, Licensing, where applicable.

d.  Permit holders maintain at all times a policy of Commercial General Liability insurance in an amount and form satisfactory to the City of Toronto.

e.  All permit holders, other than holders of a public parklet permit, display a permit notice issued by the Executive Director, Municipal Licensing and Standards on the street door or in the lower front window of the associated establishment in a way that is visible at all times from the public sidewalk.

17.  City Council direct that permit holders are not allowed to:

a.  Place or permit the placement of lighting, heating, barbecues, platforms, visual screens, ramps, canopies, awnings or any other elements in the permit area, without first obtaining permission to do so from the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets.

b.  Place or permit the placement of any café or marketing elements including chairs, tables, planters, umbrellas and sales goods outside the permit area with the exception of an umbrella canopy if it is a minimum of 2.1 metres above the sidewalk surface.

c.  Place or permit the placement of any outdoor carpeting, artificial turf or other surface covering on any portion of the sidewalk or street.

d.  Refuse entry of any person into a permit area on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability.

e.  In respect of any person with a disability being accompanied by a service animal, by reason only of the presence of the said service animal:

i.  refuse to serve such person;

ii.  refuse to permit such person to enter with such guide dog or service animal into or upon the permit area; or

iii.  refuse to permit such person and such guide dog or service animal to remain into or upon the permit area.

f.  Obstruct, hinder or interfere with the free access of a By-law Enforcement Officer, employee, 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.

g.  Damage, prune or attach any object or permit the damaging, pruning or attachment of any object to a tree.

h.  Use the permit area for any purpose other than for the use permitted by the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets.

i.  Assign, transfer or sub-let the permission for the use of any portion of the permit area to any other person, except in accordance with the by-law.

Permit Transfer

18.  City Council direct that to transfer a permit, the new owner or occupant must complete an application in the form prescribed by the Executive Director, Municipal Licensing and Standards and pay in advance a transfer fee in the amount specified in Attachment 1 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

19.  The responsibility lies with the existing permit holder to advise the owner or occupant that the permit area was legally installed and that a requirement to comply with the by-law upon transfer may result in an amended or reduced permit area size.

20.  City Council direct that public parklet permits are not transferable.

21.  City Council direct the Executive Director, Municipal Licensing and Standards to approve an application to transfer a permit for a sidewalk café or marketing display if:

a.  the pedestrian clearway, fencing, visual screens, and accessibility of the permit area meet the requirements of the new by-law;

b.  the permit area has not been altered in any way from the terms of the agreement with the City, other than to meet the pedestrian clearway, fencing and accessibility requirements of the new by-law;

c.  Where extended hours of operation were approved by Community Council in relation to the previous operation of the sidewalk café, the closing hours proposed for the sidewalk café under the transferred permit are now consistent with the default requirements of the new by-law, as if no alternative hours had been approved by Community Council;

d.  the Councillor for the ward in which the property is located has been notified of the application to transfer and has not objected within 14 days of being notified;

e.  the permit area and all elements in the permit area meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services; and

f.  the new owner or occupant has entered into a new agreement with the City in a form satisfactory to the Executive Director, Municipal Licensing and Standards.

Amending a permit area

22.  City Council direct any permit holder seeking to amend the size of a permit area to satisfy the Permit Application Requirements of the new by-law.

Pedestrian Clearway and Accessible Entrance Requirements

23.  City Council direct that all permit areas and permitted encroachments must have an adjacent pedestrian clearway width of:

a.  no less than 1.8 metres on a local road,

b.  no less than 2.1 metres for a collector or arterial road, and

c.  for streets in downtown Toronto in the areas outlined in Attachment 3 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, despite the requirements in recommendations 23.a. and 23.b. above, where the sidewalk is at least 5 metres (as measured from the face of the building's exterior wall on the ground floor to the face of the curb), the pedestrian clearway must be at least 2.5 metres unless a different minimum is determined by the General Manager, Transportation Services.

24.  City Council direct that the pedestrian clearway must:

a.  run adjacent along the full length of the permit area and not have changes in direction of more than 20 degrees along a street block;

b.  for frontage permit areas, have its width be measured from the outermost edge of the permit area to the closer of the nearest obstruction or back of curb;

c.  for curbside permit areas, have its width be measured from the edge of the permit area adjacent to the pedestrian path to the closer of the nearest obstruction on the sidewalk or the property line; and

d.  comply with conditions set by the General Manager, Transportation Services where the permit area may be expanded or altered based on time-of-day pedestrian clearway requirements (for example at times when pedestrian traffic volumes are higher).

25.  City Council direct that all permits issued under the by-law be designed so as to permit access by a person in a mobility device, and contain at least one entrance of minimum width equal to the entrance of the associated establishment but in no case less than 1.0 metre.

Requirements for Sidewalk Cafés and Public Parklets

Separation from Residential Zone Requirements

26.  City Council direct that all sidewalk café permit areas provide for:

a.  A minimum separation distance of 30 metres from the closest part of the permit area to the nearest lot in a Residential Zone Category or Residential Apartment Zone Category, as set out in the applicable zoning by-law.

b.  A minimum separation of one metre from the closest part of the permit area to any entrance to a dwelling unit that may be located on a local road within an adjacent building or within the building containing the eating establishment.

c.  A minimum separation of six metres from the closest part of the permit area to the extended boundary of a lot in a Residential Zone Category or Residential Apartment Zone Category on the opposite side of the street across from the proposed permit area.

Small Frontage Café

27.  City Council permit owners and occupiers of land adjoining the street to maintain small frontage cafés as permitted encroachments provided that the General Manager, Transportation Services is satisfied that the encroachment conforms to the following criteria:

a.  be located against the building wall of the associated establishment, facing the street, and not extend across a neighbouring frontage;

b.  not extend further than 0.8 metres out from the building wall of the associated establishment and have a maximum width of 5.5 metres across the building frontage or the width of the associated establishment frontage, whichever is smaller;

c.  meet the minimum pedestrian clearway standards set out in the new by-law and maintain the pedestrian clearway unencumbered at all times;

d.  remove tables and chairs from the sidewalk at the time of business closing;

e.  not have any shade umbrellas, fencing, railing, partition or enclosure of any kind placed on the small frontage café area;

f.  meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services; and

g.  have cane detectable features for the visually-impaired in the form of a small planter with a detectable base at each end of the small frontage café, or street furniture with a detectable base.

Small Curbside Standing Café

28.  City Council permit owners and occupiers of land adjoining the street to maintain small curbside standing cafés as permitted encroachments on the boulevard provided that the General Manager, Transportation Services is satisfied that the encroachment conforms to the following criteria:

a.  be located at the curbside in front of the associated establishment;

b.  be located on a street with posted speeds of 40 kilometres/hour or less;

c.  be no less than 15 metres upstream of the curb edge of an intersection or a pedestrian crossover;

d.  be no less than 9 metres downstream of an intersection or pedestrian crossover;

e.  be set back a minimum 0.5 metres from the curb face;

f.  not extend longer than 1.2 metres in length running parallel to the curb line;

g.  not be taller than 1.2 metres from the top of the standing café table to the surface of the sidewalk;

h.  all parts of the standing café table and its patrons must be within the furnishing and planting zone;

i.  meet the minimum pedestrian clearway standards in the new by-law;

j.  have no seating, chairs, shade umbrellas, fencing, partition or enclosure permitted;

k.  be stable and sturdy, and removed from the sidewalk at the time of business closing;

l.  be removed during the period between November 15 and April 14, inclusive;

m.  be designed with a lower rail or box frame so it is cane-detectable for the visually-impaired, and is see-through in visibility between the table top, the legs and bottom frame;

n.  must not present trip hazards on the sidewalk to pedestrians or patrons, such as having a base that extends out;

o.  be removed at any time for any reason as required by the City; and

p.  meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Curbside Café

29.  City Council permit the granting of a new category for sidewalk café permits for curbside cafés, which must have permit areas located:

a.  at the curbside in front of the applicant's establishment, unless the applicant has obtained permission for an extended curbside café;

b.  on a street with posted and operating speeds of,

i.  40 kilometres/hour or less; or

ii.  greater than 40 kilometres/hour if approved by the General Manager, Transportation Services based on a review of factors such as street context, number and width of travel lanes, traffic volumes and speeds, setbacks, and other safety-related considerations; 

c.  no less than 20 metres upstream of a transit stop and if there is no transit stop, no less than 15 metres upstream of the closest curb edge of an intersection or a pedestrian crossover;

d.  no less than 9 metres downstream of the closest curb edge of an intersection or pedestrian crossover; and

e.  be set back a minimum 0.5 metres from the curb face.

30.  City Council direct that curbside cafés must have fencing or cane-detectable planters for the visually-impaired.

31.  City Council direct that all parts of any umbrellas in a curbside café must be set back at least 0.8 metres from the curb face. Shade umbrellas may project into the pedestrian clearway to the lesser of half the umbrella's width or 1.5 metres. The umbrella's lowest edge must be at least 2.1 metres above the sidewalk surface.

Parklets

32.  City Council permit the granting of permits for parklet cafés and public paklets which must have permit areas located:

a.  only within parking spaces where there are no restrictions or prohibitions for parking, standing or stopping in effect at any time of day;

b.  on a street with posted and operating speeds of,

i.  40 kilometres/hour or less; or,

ii.  greater than 40 kilometres/hour if approved by the General Manager, Transportation Services based on a review of factors such as street context, number and width of travel lanes, traffic volumes and speeds, setbacks, and other safety-related considerations; 

c.  No less than 30.5 metres upstream of the closest curb edge of a signalized intersection;

d.  No less than 18 metres upstream of the location of a transit stop and if there is no transit stop, no less than 15 metres upstream of the closest curb edge of an unsignalized intersection or pedestrian crossover;

e.  No less than 9 metres downstream of the closest curb edge of an intersection, except where barriers such as a curb extension is present. Where a curb extension is present, the parklet may be located in a parking space adjacent to the curb extension;

f.  No less than 9 metres downstream of a pedestrian crossover;

g.  No wider than 2.0 metres in depth; and

h.  With a minimum 0.5 metre set back from the adjacent travel lane or a greater setback as determined by the General Manager, Transportation Services if considered on a street where posted and operating speeds are greater than 40 kilometres/hour.

33.  City Council direct that parklet cafés and public parklets must meet the following requirements:

a.  have a secure, stable, and safe vertical barrier along the perimeter of the parklet, except between the parklet and the sidewalk;

b.  have a vertical barrier 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;

c.  include a wheel stop within the permit area at a distance of 1.2 metres from each end of the parklet platform, 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 parklet, either freestanding or integrated with the parklet platform, to help protect the parklet from moving traffic and parking vehicles;

d.  have retro-reflective marking tape at each end of the parklet and all other parklet materials must minimize glare for drivers and cyclists;

e.  not have jersey barriers;

f.  have platform surfaces level with the sidewalk with a cross slope (from curb to outer parklet edge) of no greater than 2 percent and a running slope (along the street) of no greater than 5 percent;

g.  have a platform that is able to safely bear the weight of people and elements on the platform, and is stable, safe, slip-resistant, and accessible between the level of the sidewalk and the parklet platform, and that complies with the standards for decks, platforms and ramps set out in the Accessibility for Ontarians with Disabilities Act and the Ontario Building Code;

h.  not block stormwater drainage and overland flow;

i.  not be used as a detour of an existing sidewalk;

j.  have all parts of any umbrellas on a parklet be set back at least 0.8 metres from the parklet edge adjacent to the travel lanes and parking spaces;

k.  be removed entirely, including the platform and all related elements from the permit area, at the sole expense of the permit holder, during the period from November 15 to April 14, inclusive; and

l.  be closed to the public and removed if at any time the General Manager, Transportation Services is concerned that a parklet poses a risk to the health or safety of any person.

34.  City Council make the following changes to delegations of authority to enable parklet cafés and public parklets to be reviewed and processed efficiently:

a.  Amend Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services the authority to temporarily close to vehicular traffic the curb lanes or any portion thereof on any highway (with the exception of those highways listed in section 937-4) for a period up to and including 180 consecutive days from April 15 of one year to November 15 of that same year for the purpose of permitting parklet cafés and public parklets when an applicant has been issued a permit under the new municipal code chapter established under recommendation 1;

b.  Exempt the General Manager, Transportation Services, in carrying out her authority under recommendation 34.a. above, from Section 937-5 of Chapter 937, Temporary Closing of Highways, the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor; and

c.  Amend Chapter 27, Council Procedures, to provide that the current delegation to Community Council to temporarily close local roads, collector roads, and minor arterial roads does not include closures delegated to the General Manager, Transportation Services, in carrying out the authority under recommendation 34.a. above.

d.  City Council authorize the City Solicitor to introduce the necessary bills to give effect to the General Manager, Transportation Services's authority under recommendation 34.a. and 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 implementation of parklet cafés and public parklets.

Common Requirements for Curbside Cafés and Parklets

35.  City Council direct that permit areas for curbside cafés, parklet cafés and public parklets meet the following requirements:

a.  be located at least 3 metres from any mid-block curb ramp with tactile walking surface indicators and at least 1 metre from any driveway or laneway;

b.  not result in more than 12 metres of curbside café(s), parklet café(s) and/or public parklet(s) fronting along any block of a street;

c.  provide access between adjacent curbside cafés or parklets for pedestrians from the street to the property line that is unobstructed and at least 1.8 metres in width;

d.  have an unobstructed emergency access route, in conformance with the Ontario Building Code and Fire Code;

e.  not interfere with curbside garbage collection;

f.  not have outdoor food preparation;

g.  not have any enclosures, structures, or visual screens;

h.  not be adjacent to, or in a location that interferes with, transit stop zones, taxi zones and/or loading zones; and

i.  meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Requirements for All Sidewalk Café Elements

Minimum Separation Distances

36.  City Council direct that all elements in a sidewalk café permit area, including fixed and portable sidewalk café elements, must meet the minimum separation distances set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

Visual Screens

37.  City Council direct that permit holders for a frontage café located on a local road have a visual screen on the edge of the permit area facing any residential area and that the visual screen meet the following requirements:

a.  have a maximum height of 1.8 metres; and

b.  not be installed in a permit area if the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services determines the visual screen poses a risk to the safety of any member of the public or obscures a traffic control sign or heritage building feature or sightlines for transit safety and operations.

Fences, Frontage Cafés and/or Curbside Cafés

38.  City Council direct that a permit holder must provide fencing in accordance with the requirements in the by-law if the proposed permit area is located on an arterial or collector road, and is a frontage and/or curbside café.

39.  City Council direct that fencing is not permitted on any small frontage cafés and small curbside standing café; and that frontage cafés on local roads are not required to provide a fence but must have cane-detectable planters or elements at each end of the permit area, not the entire perimeter of the permit area.

40.  City Council direct that any fencing installed in a frontage and/or curbside permit area on an arterial or collector road must be:

a.  easily removable and located on the perimeter of the permit area;

b.  at least 1.2 metres from any fire hydrant;

c.  designed so that pumper or fire department (Siamese) connections on adjoining buildings are clearly visible and directly and easily accessible from the street, and the location of access openings in the fence shall be satisfactory to the Fire Chief and the Executive Director, Municipal Licensing and Standards;

d.  curved or angled at a street corner where the frontage café extends around the corner to accommodate unimpeded pedestrian movement;

e.  designed to provide detectability for the visually-impaired by including at least one of the following features:

i.  lower rail height between 75mm and 150mm above the sidewalk surface with a contrasting colour to the sidewalk; or

ii.  planter boxes with a detectable base that are spaced no more than 0.3 metres apart from each other except for the entrance.

f.  no shorter than 0.9 metres and no taller than 1.2 metres for the height of the top rail of the fence or top of the opaque part of planters and plants;

g.  no taller than 0.9 metres in height for all opaque parts of the fence or planters with plants within 30 metres of any intersection to maintain sightlines;

h.  self-supporting or supported by removable plates attached to the paved surface of the permit area so long as no parts of the fence create a trip hazard and do not project beyond the limits of the permit area;

i.  not penetrating the surface of the sidewalk with footings other than bolt attachments; and

j.  not be attached to properties on the Heritage Register, street trees, street furniture, or utilities/services.

Surface Grading and Paving

41.  City Council direct that a permit holder shall pave and maintain any portion of the sidewalk or boulevard to be used for the purpose of the sidewalk café or marketing display to the satisfaction of the General Manager, Transportation Services where the surface of the sidewalk is deemed by the General Manager, Transportation Services to require surface grading and/or paving, such as the conversion of sod or grassy boulevards to concrete, or an uneven surface to a level surface.

Retractable Cafés and Displays

42.  City Council authorize the Executive Director, Municipal Licensing and Standards to require a permit holder to remove and relocate any fence, white cane-detectable planters and/or any other elements within the permit area on a daily basis at times specified by the General Manager, Transportation Services to comply with time-of-day pedestrian clearway requirements determined by the General Manager, Transportation Services.

Decks

43.  City Council direct that:

a.  Decks are never to be installed without the permit holder first obtaining permission for the installation of the deck from the Executive Director, Municipal Licensing and Standards and the Chief Building Official.

b.  Decks are only permitted on frontage cafés on a local road where the sidewalks exceed a slope of 5 percent or special accommodation is being made to protect mature trees.

44.  City Council direct that decks on frontage café permit areas meet the following requirements:

a.  not be higher than what is required to accommodate a level area and the deck framing members which shall be the minimum depth required to achieve a level area;

b.  have a skirt or screen wherever there is a gap or opening between the surface of the sidewalk and the bottom boards of the deck;

c.  not be physically attached to the street;

d.  comply with the Accessibility for Ontarians with Disabilities Act and the Ontario Building Code;

e.  provide a break in the railing of a minimum width of 1 metre at the high side of the slope to provide wheelchair access;

f.  not be constructed over existing utilities such as hydro vaults, chambers, maintenance holes, etc., except with prior written approval given by the relevant utility or service;

g.  not impede sidewalk or roadway drainage;

h.  be removed by a permit holder to the satisfaction of the Executive Director, Municipal Licensing and Standards upon 30 days' notice at the expense of the permit holder if the Executive Director, Municipal Licensing and Standards provides notice to the permit holder to do so.

Common Requirements for Sidewalk Cafés and Marketing Displays

45.  City Council direct the following conditions to apply to sidewalk cafés and marketing displays at all times:

a.  Permit holders shall not use the permit area in whole or in part for any purpose other than the operation of a sidewalk café or marketing display, as applicable, in accordance with the by-law.

b.  The permit holder shall not use the permit area for storage of any café elements, in the case of a sidewalk café permit.

Seasonal Operation

46.  City Council direct frontage sidewalk cafés and marketing displays be permitted on a sidewalk year-round when the following additional conditions are met:

a.  The café or marketing display is located against the building wall of the associated establishment;

b.  The minimum pedestrian clearway requirement is met;

c.  The permit holder provides snow and ice clearing and removal for the pedestrian clearway adjacent to the permit area in accordance with applicable City standards;

d.  The permit holder applies salt and sand to the pedestrian clearway adjacent to the permit area in accordance with applicable City standards; and

e.  The permit holder does not use the permit area for the storage of snow.

47.  City Council direct that all sidewalk café and marketing display permit holders with permit areas not located against the building wall of an associated establishment remove all elements including fencing from the permit area, at the sole expense of the permit holder, from November 15 to April 14, inclusive.

Operational Requirements for Sidewalk cafés and Public Parklets

Hours of Operation

48.  City Council direct that if the permit area is located on a local road, a permit holder must ensure that the sidewalk café is closed and cleared of customers by 11:00 p.m. or, for any sidewalk café, in accordance with the alternative hours of operation imposed by Community Council for the permit area.

49.  City Council delegate authority to Community Councils for final decisions to impose temporary or permanent alternative operating hours on sidewalk café permit holders, except for special events, where City Council will retain the ability to set alternative hours under subsection 62.1(1) of the Liquor Licence Act.

Amplified Sound

50.  City Council direct that sidewalk café permit holders meet the following requirements in regards to amplified sound:

a.  No amplified sound is permitted on any sidewalk café.

b.  Doors and windows of an establishment associated with a permit area must be closed if the establishment has interior music or amplified sound.

51.  City Council direct that amplified sound on a curbside café, parklet café, or public parklet be allowed only if the permit holder has obtained a street event permit under Chapter 743, Streets and Sidewalks, Use of.

Radiant Heater

52.  City Council direct that radiant heaters only be permitted on frontage cafés, and only if the permit holder obtains prior written approval from the Executive Director, Municipal Licensing and Standards and complies with the following requirements:

a.  An application site plan must be submitted to the Executive Director, Municipal Licensing and Standards showing the location and specifications of the proposed heating unit.

b.  Permit holders that operate a radiant heater on the permit area must ensure the radiant heater is:

i.  certified for outdoor use;

ii.  certified by and installed according to guidelines of the Standards Council of Canada; 

iii.   installed in accordance with the location and specifications of the site plan approved by the Executive Director, Municipal Licensing and Standards;

iv.  installed and operated in conformity with the manufacturer’s instructions and specifications, including clearance from combustible materials; and

v.  inspected by a representative of the energy provider and a copy of the inspection certification must be provided to the Executive Director, Municipal Licensing and Standards.

Portable Propane Heater

53.  City Council direct that propane heaters only be permitted on frontage cafés, parklet cafés and public parklets and only if the permit holder obtains prior written approval from the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of public parklets.

54.  City Council direct that an application site plan be submitted to the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of parklets, and show the location and specifications of the proposed heating unit.

55.  City Council direct that a permit holder that operates a portable propane heater must:

a.  Install and operate the portable propane heater in conformity with the manufacturer's instructions and specifications, including clearance from combustibles and securing the portable propane heating unit to the permit area utilizing the manufacturer’s listed parts.

b.  Install the portable propane heater in accordance with the location and specifications of the site plan approved by the Executive Director, Municipal Licensing and Standards.

c.  Comply with the requirements as set out in Technical Standards and Safety Act, 2000 Ontario Regulation 211/01 Propane Storage and Handling.

d.  Provide evidence satisfactory to the Executive Director, Municipal Licensing and Standards respecting completion of a training course in the use of propane by all persons intended to be operating the propane unit on the permit area.

Barbecue

56.  City Council direct that barbecues only be permitted on frontage cafés on local roads and only if the permit holder obtains prior written approval from the Executive Director, Municipal Licensing and Standards and complies with the following requirements:

a.  An application site plan must be submitted to the Executive Director, Municipal Licensing and Standards and show the location and specifications of the proposed barbecue.

b.  A permit holder that operates a barbeque must install the unit in accordance with the location and specifications of the site plan approved by the Executive Director, Municipal Licensing and Standards.

c.  A permit holder that operates a barbecue must maintain a clearance of at least 1.2 metres between any barbeque and café seating areas or any added heat sources (e.g. radiant or propane heaters), and the clearance shall be defined by a portable physical barrier made of a fireproof material, with dimensions of not less than 1.2 metres in width and 2 metres in height.

57.  City Council direct that any heating unit must be located on the permit area in a way that does not present a hazard to sidewalk café patrons, pedestrians or vehicles; and directs heat waves away from any trees or landscaping.

Extended Marketing Display or Sidewalk Café

58.  City Council allow permit areas to extend across the front of an adjacent establishment, or across the curbside area or parking area of the adjacent establishment in the case of a parklet café, provided the permit holder obtains consent for an extended frontage from the Executive Director, Municipal Licensing and Standards in accordance with the by-law.

59.  City Council direct that applicants proposing an extended frontage, as part of their applications, provide a letter of consent from the adjacent property owner across whose area the frontage will extend to the satisfaction of the Executive Director, Municipal Licensing and Standards.

60.  City Council direct that any adjacent property owner that wants to revoke their consent for an extended frontage must provide written notice to the Executive Director, Municipal Licensing and Standards and the permit holder at least 45 days in advance of the permit renewal, and the revocation of the extended portion of the permit area will occur at the time of permit renewal.

Marketing Display Requirements

61.  City Council direct that a permit holder for a marketing display must meet the following requirements:

a.  be the owner or the occupant of the ground floor premises adjoining the permit area;

b.  provide a minimum separation of one metre from the closest part of the permit area to any entrance to a dwelling unit that may be located on a local road within an adjacent building or within the building containing the ground floor premises adjoining the permit area;

c.  not erect any enclosures around the permit area;

d.  limit the placement and display of materials and merchandise to a height that is easily accessible for patrons standing on the sidewalk surface;

e.  not place or display or allow the placement or display of any materials outside of the permit area;

f.  not play or emit amplified sound or live music in any permit area;

g.  ensure that marketing display stands that come into direct contact with food must be corrosion resistant and non-toxic; free from cracks, crevices and open seams; and the bottom of the marketing display stand is placed no less than fifteen centimetres above ground; and

h.  ensure that any screens or fencing in the permit area is temporary in nature, of suitable and uniform materials, kept in good repair, in a safe condition, and free from hazards including trip hazards, and provides accessibility and detection for the visually-impaired.

i.  meet any minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Small Marketing Display

62.  City Council permit owners and occupiers of land adjoining the street to maintain small marketing displays as permitted encroachments on the sidewalk provided that the General Manager, Transportation Services is satisfied that the encroachment conforms to the following criteria:

a.  be located against the building wall of the associated establishment, face the street, and not extend across a neighbouring frontage;

b.  extend no further than 0.8 metres out from the building wall of the associated establishment and can have a maximum width that is the lesser of 5.5 metres across the building frontage or the width of the associated establishment frontage;

c.  the pedestrian clearway adjacent to the small marketing display must meet the minimum pedestrian clearway standards set out in the by-law and the pedestrian clearway must be maintained unencumbered at all times;

d.  all marketing display stands and goods must be removed from the permit area at the end of each day at the time of business closing;

e.  shade umbrellas, fencing, railings, partitions or enclosures of any kind are not permitted on a small marketing display area; and

f.  meet any minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Requirements for Café and Marketing Awnings

63.  City Council direct that the placement of awnings or similar temporary installations be permitted only over the permit area of frontage cafés or marketing displays in accordance with the requirements of the new by-law.

64.  City Council direct that a permit holder seeking to erect an awning or similar temporary installation over the permit area may not apply for a canopy or awning under section 743-14 of Chapter 743, Streets and Sidewalks, Use of, but instead must receive prior approval from the Executive Director, Municipal Licensing and Standards after supplying the following information prior to the installation of any awning or similar temporary installation:

a.  Certificate of Fireproof rating for the awning or similar temporary installation;

b.  site plan details showing the location of the awning or similar temporary installation;

c.  mechanical specifications for framing;

d.  mounting and materials used;

e.  applicable permit approvals from the Chief Building Official;

f.  applicable permit approvals from City Planning, Heritage Preservation Services if the proposed installation is being attached to a building on the Heritage Register; and

g.  any other information required by the Executive Director, Municipal Licensing and Standards.

65.  City Council direct that any awning framework, awning, curtain, canopy, fabric or similar sail goods material used in an awning or similar temporary installation must be:

a.  at least 2.1 metres above the level of the street or sidewalk;

b.  in conformity with CAN/ULC-S109, Flame Tests of Flame-Resistant Fabrics and Films; and

c.  in conformity with the Ontario Building Code.

66.  City Council direct that the permit holder must pay in advance of erecting any awning or similar temporary installation the fee specified in Chapter 441, Fees.

Requirements for Sidewalk Café and Marketing Lighting

67.  City Council direct that lighting related to the permit area must meet the following requirements:

a.  comply with all applicable safety standards and codes;

b.  consist of temporary fixtures and be removed from November 15 to April 14, inclusive, if not meeting conditions for year-round operation;

c.  be directed into the permit area to avoid casting glare on passersby and nearby properties;

d.  not have any power cables or lighting elements run on or over the pedestrian clearway;

e.  not be attached or affixed to street elements, street trees or utilities; and

f.  must obtain its power from a private source or from a Business Improvement Area where permission has been granted.

Maintenance, Cleanliness and Orderliness Requirements

68.  City Council direct that all permit holders are required at all times and at their own expense to:

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

b.  keep any objects and furnishings associated with the permit in good and proper repair and condition, including the immediate removal of all graffiti; and

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

Temporary A-frame Signs

69.  City Council authorize the City Solicitor to amend Chapter 693, Signs, and any other necessary by-laws to prohibit any location where a small frontage café or small marketing display has been installed, and where the building frontage is 6-metres or less, to hold a Temporary A-frame sign permit; and/or erect a Temporary A-frame sign on the sidewalk.

Reduction or Relocation of Permit Area

70.  City Council authorize the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of public parklets, to direct the permit holder to reduce the size of the permit area or relocate the permit area at any time if, in the opinion of the Executive Director, Municipal Licensing and Standards, the permit area poses a risk to the health or safety of any person, and where the reduction or relocation terminates the risk to the health and safety of any person, to the satisfaction of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services.

71.  City Council authorize the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of public parklets, to amend the size and/or location of all permit areas along a street, if the street is subject to substantial reconstruction and/or redesign, in order to satisfy the pedestrian clearway requirements of the new by-law following reconstruction.

72.  City Council direct that where a permit area is reduced, the Executive Director, Municipal Licensing and Standards shall refund the permit holder the pro-rated portion of the annual permit fee applicable to the reduced area by square metre to each remaining day in the permit term.

Temporary Removal of Installations for Civic Works or Emergencies

73.  City Council authorize the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of a public parklet, to require the temporary removal of sidewalk café and marketing installations due to planned street improvements and/or civic works.

74.  City Council direct that any installation can be removed within the permit area without notice in the case of an emergency.

75.  City Council direct that, where a permit is cancelled due to an emergency, planned street improvement or civic works, the Executive Director, Municipal Licensing and Standards shall refund the permit holder the pro-rated portion of the annual permit fee applicable for each remaining day in the permit year. 

Enforcement

Inspections, Orders and Remedial Actions

76.  City Council authorize the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services to conduct inspections, issue orders for compliance, take remedial action, and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006 for non-compliance with the by-law or any former by-law.

Offences and Penalties

77.  City Council direct that anyone who contravenes any provision of the by-law or an order issued under the by-law is guilty of an offence and upon conviction is liable to a fine of no more than $100,000.

78.  City Council direct that directors or officers of a corporation knowingly concurring in the contravention of any offence under the by-law by the corporation are guilty of an offence.

79.  City Council direct that anyone who contravenes any provision of the by-law may be subject to fines for continuing and multiple offences and special fines where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the by-law.

80.  City Council direct that the owner of the adjoining property shall ensure that no sidewalk café, public parklet, or marketing display contravenes a provision of the by-law or any former by-law.

Permit Cancellation by Community Council

81.  City Council delegate authority to Community Councils to revoke a permit and cancel permission for the use of any portion of the sidewalk or street at any time and for any reason.

82.  Where Community Council is considering revocation of a permit, City Council direct that the affected permit holder receive notice of the item on the agenda and be allowed to speak to the matter before Community Council makes its decision.

83.  A permit holder is not eligible to re-apply for a sidewalk café or marketing permit for one year following revocation by Community Council.

Permit Cancellation by Executive Director, Municipal Licensing and Standards and General Manager, Transportation Services

84.  City Council delegate authority to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets, to revoke a permit, without reporting to Community Council, if:

a.  the annual permit fee has not been paid 90 days after the payment due date;

b.  it is determined that the permit was obtained through the submission of false, misleading or fraudulent information;

c.  the permit holder has failed to remove all the café or marketing elements from the sidewalk or street within thirty days of receiving notice in writing from the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of a public parklet, instructing the permit holder to remove all elements from the sidewalk or street;

d.  the associated property lacks the applicable business licence; or

e.  the associated property is demolished, substantially altered and/or subject to redevelopment.

85.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the permit holder a written notice of the permit revocation, describing the information that the City has to justify the cancellation.

Temporary Seasonal Permit Suspension by Executive Director, Municipal Licensing and Standards and General Manager, Transportation Services: No report required to Community Council

86.  City Council delegate authority to the Executive Director, Municipal Licensing and Standards to immediately suspend permission for the use of the sidewalk or street, without reporting to Community Council, if they have reason to believe that the permit holder has not complied with the Common Requirements for Sidewalk Cafés and Marketing Displays outlined in recommendations 45, 46, and 47 in the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services. The suspension shall last until the next April 14.

87.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the permit holder with a written notice of the temporary seasonal permit suspension, describing the information that the City has to justify the temporary suspension.

88.  City Council direct that no sidewalk café or marketing activities or elements, including fencing, be allowed in the permit area during the temporary seasonal permit suspension.

Permit Suspension by Executive Director, Municipal Licensing and Standards and General Manager, Transportation Services: report required to Community Council

89.  City Council authorize the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets, to immediately suspend permission for the use of the sidewalk or street for a period of 30 days or until such time as the item can be considered by Community Council if:

a.  in the opinion of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, a reduction in permit area has not terminated a risk to public health and safety;

b.  the provisions of the permit agreement are being violated by the permit holder;

c.  the permit holder is conducting activity in such a way that would infringe on the rights of other members of the public; or

d.  the permit holder has violated any law or by-law.

Actions following a permit suspension, excluding temporary seasonal suspension

90.  City Council direct that following the issuance of a permit suspension under recommendation 89, the Executive Director, Municipal Licensing and Standards shall forward a report to Community Council with the following:

a.  a summary of the reason for the suspension;

b.  the recommendation for a review of the permit conditions, including but not limited to operating hours, or revocation of the permit.

91.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the permit holder with a written notice of the permit suspension, describing the information that the City has to justify the suspension.

92.  City Council direct the City Clerk to notify the affected permit holder of the hearing date at the Community Council and the permit holder will be given the opportunity to speak to the matter to the appropriate Community Council.

93.  City Council direct that no sidewalk café or marketing activities or elements be allowed in the permit area during the permit suspension.

94.  City Council authorize the Executive Director, Municipal Licensing and Standards to recover the permit notice displayed on the street door or in the lower front window of the adjoining business during the period of time when the permit has been suspended, or permanently in the case of a cancellation; and direct that no person shall display a permit that has been cancelled or is otherwise invalid.

Responsibilities of Permit Holder

95.  City Council direct that, within 30 days after receiving written notice about a permit cancellation, reduction, relocation, or temporary removal due to planned street improvements, civic works, or permit suspension, the permit holder must:

a.  remove all equipment, furnishings and personal property from the sidewalk or street at his or her own expense; and

b.  replace and restore the sidewalk or street to a safe and proper condition to the satisfaction of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of a public parklet.

96.  City Council direct that the permit holder cannot make any claim against the City on account of the removal.

97.  City Council authorize, if following the 30 days' notice the permit holder has not undertaken the necessary removal actions, the Executive Director, Municipal Licensing and Standards, or General Manager, Transportation Services in the case of a public parklet, to undertake any work necessary to remove all equipment, furnishing and personal property from the sidewalk or street and restore them to a safe and proper condition.

Seizure of Goods

98.  City Council authorize the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services to move, take, or store a permit holder's sales goods or café elements and any other things placed or installed in the permit area in accordance with the Repair and Storage Liens Act where a permit holder is in contravention of the new by-law.

99.  City Council authorize the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services to charge the costs of the removal and storage to the permit holder and/or owner and/or recover those costs by adding them to the tax roll and collecting them in the same manner as property taxes.

100.  City Council direct that any seized goods or café elements that remain unclaimed after 60 days from the date of seizure become the property of the City and can be sold.

101.  City Council direct that any seized perishable object or refreshment become a property of the City upon removal and can be disposed of immediately.

Transition of Existing Permit Holders

102.  City Council direct that existing permit holders can continue to operate under the terms and conditions of their approved permit and agreement with the City as of the day before the by-law comes into force, except for the following requirements whereby existing permit holders must comply with the by-law immediately upon its coming into force:

a.  permit renewal; permit requirements; permit transfer; amending a permit area; common requirements for sidewalk cafés and marketing displays; seasonal operation excluding the minimum pedestrian clearway; radiant heater; portable propane heater; height limitation on the display of marketing materials and merchandise; reduction or relocation of permit area; temporary removal of installations for civic works or emergencies; enforcement; responsibilities of permit holder; seizure of goods; and fees.

103.  City Council direct that any complete application for a sidewalk café or marketing display received before September 1, 2019 will be processed under the applicable by-law as it existed prior September 1, 2019 and appeals made in relation to that application will also be processed under the former by-law.

Fees  

104.  City Council amend Municipal Code, Chapter 441, Fees and Charges, to include the new fees for sidewalk cafés, public parklets and marketing displays set out in Attachment 1 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

105.  City Council direct the Executive Director, Municipal Licensing and Standards to phase in any permit fee increases for existing sidewalk café and marketing display permit holders equally over a ten (10) year period starting on September 1, 2019.

106.  City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the Chief Financial Officer, to bring forward as part of the annual budget process, updated permit fees for sidewalk cafés and marketing displays that reflect the annual increase that will result from recommendation 105.

107.  City Council direct the Executive Director, Municipal Licensing and Standards to apply any resulting permit fee decreases for existing sidewalk café and marketing display permit holders at the time of the first permit renewal following September 1, 2019.

108.  City Council direct the Executive Director, Municipal Licensing and Standards to cease applying the phase in of any remaining permit fee increases arising through recommendation 105, for any existing permit holder convicted under the by-law or a former by-law, and instead apply the permit fee that would otherwise apply to a new permit holder, to take effect at the next renewal date for that permit.

109.  City Council direct new sidewalk café applicants to pay a one-time $650 tree planting fee when:

a.  a new permit is approved at a location where there is a soft, unpaved boulevard; and,

b.  Urban Forestry has determined that the proposed use (sidewalk café) would limit the ability to plant a tree.

110.  City Council direct that a tree planting fee will not be collected if:

a.  there is no available space to plant a tree;

b.  there is already a tree at the proposed sidewalk café location;

c.  the application is for a marketing display or parklet café.

111.  City Council direct that the non-refundable fee of $650 collected for tree planting be contributed to the Tree Canopy Reserve (XR1220) at the end of every fiscal year to ensure actual revenues collected are available to expand the tree canopy and facilitate long term planning. 

112.  City Council direct that small frontage cafés, small curbside standing cafés, and small marketing displays shall not be required to submit an application or pay any permit or encroachment fee, but shall, at the expense of the owner or occupant maintaining the encroachment adjacent to their property, pursuant to Municipal Code Chapter 743, Streets and Sidewalks, Use Of, and to the satisfaction of the General Manager, Transportation Services, maintain all café or marketing elements in a state of good repair.

Implementation

113.  City Council increase the Approved 2019 Operating Budget for Transportation Services by $228,333 gross and $0 net, fully recovered from Municipal Licensing and Standards and the Public Realm Reserve Fund, for addressing pedestrian clearway issues on main streets where pedestrian volumes are highest and the hiring of three (3) new temporary positions for enhanced application review, processing and business support to new / existing permit-holders and delivery of new design support services. These temporary positions will be considered for conversion to permanent staff as part of the 2020 budget process.

114.  City Council increase the Approved 2019 Operating Budget for Municipal Licensing and Standards by $155,333 gross and $0 net, for program restructuring to fund the hiring of one (1) new temporary position in Municipal Licensing and Standards for the intake and processing of applications and issuance of permits and including the transfer of funds to Transportation Services to deliver design review and support to new / existing permit-holders. The temporary position will be considered for conversion to permanent staff as part of the 2020 budget process.

115.  City Council direct that the new municipal code chapter and any related or necessary by-law amendments come into effect on September 1, 2019.

116.  City Council authorize the City Solicitor to make stylistic and technical changes in the drafting of the by-law and any related and necessary amendments to existing by-laws including but not limited to Chapter 441, Fees; Chapter 743 Streets and Sidewalks; and Chapter 693 Signs, as a result of the adoption of the new by-law.

117.  City Council authorize the City Solicitor to make and submit any amendments to repeal the former by-laws at a future date.

118.  City Council request the Executive Director, Municipal Licensing and Standards to report back to the Economic and Community Development Committee in the third quarter of 2020 on compliance with the new Toronto Municipal Code Chapter for "sidewalk cafés, public parklets, and marketing displays" by-law between November 15, 2019 and April 14, 2020 with regard to permits issued to sidewalk cafés under the new by-law, including compliance with café animation, sidewalk maintenance and the number of permit suspensions issued due to non-compliance with permit conditions between November 15 and April 14 and the feasibility of separate seasonal and year round boulevard café permit fees.

119.  City Council direct the General Manager, Transportation Services, to seek opportunities to develop coordinated street block plans to improve pedestrian and accessibility conditions as part of the design support work to implement the new by-law such as with business improvement area streetscape plans or environmental assessment study projects.

120.  City Council direct the Executive Director, Municipal Licensing and Standards to include in the open data set for patio and marketing display permits that a patio or marketing display permit has been grandparented.

This report proposes a new harmonized by-law and fees for sidewalk cafés, parklets and marketing displays in Toronto. Sidewalk café has the same meaning as boulevard café in this report and its recommendations. A harmonized by-law will ensure that consistent application and processing standards are applied across the city. This report builds on a December 2017 report recommending a harmonized by-law. Major changes in this current report include a reduced application fee, reduced fee for tree planting, revised option for year-round cafés, and elimination of a proposed 2025 deadline for all permits to comply with the new by-law's pedestrian clearway standards.

The Sidewalk Café by-laws that are in effect today were enacted by the former municipalities of Toronto prior to amalgamation. The lack of consistency from this is a challenge to administer and enforce on a uniform basis; can confuse the public who view these inconsistencies as frustrating and inefficient; and does not foster a progressive business climate. Creating consistent city-wide standards that reflect the current accessibility needs of the public and which are responsive to the city's growing population and business environment are primary goals of this project. Updating the standards will optimize opportunities for enhancing local vibrancy. Specific objectives and implementation points of the proposed harmonized by-law for sidewalk cafés, public parklets, and marketing displays follow.

Enhancing pedestrian movement and accessibility

-  New pedestrian clearway requirements respond to the context of different street types (i.e., a minimum 1.8 metre for local roads, 2.1 metre for arterial and collector roads, and 2.5 metre on specified Downtown Toronto streets)

-  New accessibility requirements such as cane-detectable features will improve mobility for the visually-impaired (i.e. fencing or planters)

-  Public parklets, which are public spaces installed in parking lanes, will provide more places for people to sit, relax and enjoy the city

Enhancing Toronto's business climate

-  New café configurations, such as parklet cafés and curbside cafés, provide additional opportunities for commerce in more areas of the city

-  Small café types, such as a storefront bench, will be permitted as-of-right, with no requirement for a permit, no application, and no fees

-  Consistent city-wide regulations and processes will improve clarity in terms of regulatory compliance

-  New opportunities for winter café operations will be allowed for businesses.

Updated Fees

This report recommends updated application fees and permit fees for sidewalk cafés and marketing displays. The application fee review was undertaken in accordance with the City of Toronto User Fee Policy, and has a foundation in cost recovery. The permit fee is an annual fee that a business pays to use public space for commercial purposes. The recommended permit fees have a foundation in market value, and have been significantly discounted to reflect the value that sidewalk cafés add in terms of street animation and economic development. Additional discounts are recommended for sidewalk cafés and displays that are located in areas classified as Neighbourhood Improvement Areas; and in Kensington Market, which is a National Historic Site of Canada, where marketing displays are formally recognized heritage attributes.

Implementation

The proposed harmonized by-law will be implemented in a manner that provides certainty to the business community and which secures gradual improvements to the pedestrian realm over time.

-  Increases in fees for existing permit holders will be phased in over 10-years

-  Proposed permit fees will not be subject to inflationary increases for the next 10 years

-  Existing permits will be "grandparented" and brought into compliance with the harmonized by-law over time, when the permit is transferred to someone else; when the street that the business is located on is reconstructed; or when an existing permit holder applies to amend the size of their permit area (for example, by adding a new curbside café).

-  Design support and funds will be available to help existing permit holders on main streets to comply with the new by-law. Funds may be used to relocate or modify some street elements (i.e. bike rings) as one approach to enhance accessibility.

Consultation and Collaboration

The harmonized by-law is a multi-divisional initiative. Internal divisions and external agencies consulted in the preparation of the report include Economic Development and Culture, City Planning, Legal Services, City Clerks, Solid Waste Management, Toronto Building, Toronto Fire Services, Toronto Public Health, Parks, Forestry and Recreation, Corporate Finance, Toronto Parking Authority (TPA), Toronto Transit Commission (TTC), Toronto Public Utilities Coordination Committee, and the Alcohol and Gaming Commission of Ontario (AGCO).

The harmonized by-law reflects over 4 years of consultation with stakeholders and members of the public, which included 14 public meetings, 19 stakeholder meetings and an online survey. Overall, staff collected feedback from approximately 850 residents, 390 business owners, and other stakeholders including Business Improvement Areas, accessibility advocates, design professionals, and the Toronto Accessibility Advisory Committee.