Item - 2020.EX14.1

City Council on June 29 and 30, 2020 adopted the following:

1. City Council request the Minister of Municipal Affairs and Housing to provide, as quickly as possible, expanded permission for patios on private properties in Toronto to improve the economic health of the City of Toronto so that such permissions achieve the following objectives, and which shall be in effect until November 16, 2020:

a. permitting surface outdoor patios in certain zones which permit eating establishments but not outdoor patios, subject to conditions to mitigate impact on nearby properties;

b.  removing restrictions in the Employment Industrial Zones of Zoning By-law 569-2013 which limit the amount of front yard an outdoor patio may occupy and which require a setback from the front lot line;

c. allowing an outdoor patio to occupy space that would otherwise be required for parking; and

d. increasing the permitted maximum area of surface outdoor patios ancillary to eating establishments, take-out eating establishments and recreations uses from the greater of 30 square metres or 30 percent of the interior floor area, to the greater of 50 square metres or 50 percent of the interior floor area.

2.  City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to establish a program to allow for the review, approval and installation of sidewalk cafés, curb lane/parklet cafés or public parklets with areas denoted for physical distancing purposes from no earlier than July 1, 2020 to no later than November 15, 2020, inclusive, without applicants having to comply with certain requirements of Toronto Municipal Code, Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays; in establishing such a program, the General Manager shall consider:

a. which requirements from Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays should apply to sidewalk cafés, curb lane/parklet cafés or public parklets installed for the 2020 café season from no earlier than July 1, 2020 to no later than November 15, 2020 inclusive;

b. establishing appropriate guidelines for the General Manager, Transportation Services to review and approve sidewalk cafés, curb lane/parklet cafés or public parklets with areas denoted for physical distancing purposes;

c. establishing appropriate indemnification and insurance requirements to protect the City, provided that any insurance requirement requested for 2020 for new patios as part of CafeTO require at least $1 million in general liability coverage;

d. advice from the Medical Officer of Health to ensure the health and safety of all persons using sidewalk cafés, curb lane/parklet cafés or public parklets with areas denoted for physical distancing purposes; and

e. defining location, materials, usage, maintenance and removal requirements for sidewalk cafés, curb lane/parklet cafés or public parklets with areas denoted for physical distancing purposes to ensure the health and safety of all users of City highways.

3.  City Council authorize the General Manager, Transportation Services, to approve applications to install and maintain sidewalk cafés, curb lane/parklet cafés or public parklets with areas denoted for physical distancing purposes for a term beginning no earlier than July 1, 2020 and ending no later than November 15, 2020 where the application complies with the program adopted by the General Manager, Transportation Services, under Part 1 above, and where the approval conflicts with Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, the approval of the General Manager, Transportation Services shall prevail to the extent of the conflict.

4.  City Council waive fees required under Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, Chapter 743, Streets and Sidewalks, Use of, and Chapter 441, Fees and Charges, for any sidewalk, curb lane/parklet café or public parklet approved by the General Manager, Transportation Services under the program described in Part 2 above.

5.  City Council amend Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services until November 15, 2020 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 138 consecutive days from July 1, 2020 to November 15, 2020, inclusive, for the purpose of permitting a curb lane/parklet café or public parklet approved by the General Manager, Transportation Services under the program described in Part 1 above, and to exempt the General Manager, Transportation Services in carrying out this delegation from Section 937-5 of Chapter 937.

6.  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 sidewalk cafés, curb lane/parklet cafés or public parklets with areas denoted for physical distancing purposes as described in the report (June 8, 2020) from the General Manager, Transportation Services.

7.  City Council authorize the General Manager, Transportation Services to negotiate and enter into a non-competitive agreement with Upper Canada Road Services Inc. in the amount of $3,083,854 (net of HST recoveries) for the supply, delivery, installation, and warranty of pavement markings, signage, planters and other traffic dividers / public realm beautification elements, and traffic control associated with installation of the previously reported on ActiveTO initiative (which would include the CaféTO program) for the Destination Danforth project approved by Council on May 28, 2020 (Item CC21.20 headed "Cycling Network Plan Installations: Bloor West Bikeway Extension amd ActiveTO Projects") until December 31, 2021, on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

8. City Council authorize the General Manager, Transportation Services, when approving a sidewalk café, curb lane/parklet café or public parklet under the CaféTO program, to confirm that the City of Toronto does not object to the temporary physical extension of liquor sales under section 97(2) of regulation 719 under the Liquor Licence Act for that approved area and to withdraw this confirmation if the operator of a sidewalk café, curb lane/parklet café or public parklet, in the opinion of the General Manager, subsequently fails to comply with the CaféTO program, applicable City By-laws or policies, or orders under the Emergency Management and Civil Protection Act.

9.  City Council confirm that it does not object to the temporary physical extension of liquor sales under section 97(2) of regulation 719 under the Liquor Licence Act for an outdoor patio located on private property that is permitted under applicable zoning by-law(s) in the City of Toronto, including any temporary use Zoning By-law adopted by Council.

10.  City Council authorize the Executive Director, Municipal Licensing and Standards to withdraw the non-objection under Part 9 above,  if the operator of an outdoor patio, in the opinion of the Executive Director, Municipal Licensing and Standards, subsequently fails to comply with applicable Zoning By-law(s), including any Temporary Use Zoning By-law adopted by Council, applicable City by-laws or policies, or orders under the Emergency Management and Civil Protection Act.

11.  City Council direct that operators of sidewalk cafés, curb lane/parklet cafés and public parklets approved under the CaféTO program:

a.  where the café or parklet area is located on a local road, must ensure that the café or parklet is closed and cleared of customers by 11:00 p.m.; or

b.  where hours of operation have been imposed previously by a Community Council for an existing café or parklet area, must ensure that both the existing and the extended café or parklet areas are operated in accordance with the Community Council-imposed hours of operation despite Part 11.a. above.

12.  City Council direct that where conditions other than hours of operation have been imposed previously by Community Council for an existing café or parklet area, operators of sidewalk cafés, curb lane/parklet cafés and public parklets approved under the CaféTO program must ensure that both the existing and the extended café or parklet areas are operated in accordance with the Community Council-imposed conditions.

13 . City Council direct the General Manager, Transportation Services to review and approve variations to the CaféTO program and guidelines where constraints limit frontage or curb lane options, in consultation with the local Councillor, including consideration of past complaints reported at the address and conditions imposed by Community Council in similar local circumstances. 

14. City Council request the General Manager, Transportation Services, in consultation with other relevant City Officials, to consider alternatives which could be made available to those businesses which would have a transit stop in front of their businesses.

15.  City Council request the Toronto Transit Commission Board to direct the Chief Executive Officer, Toronto Transit Commission to work with the General Manager, Transportation Services, the General Manager, Economic Development and Culture, the Executive Director, Municipal Licensing and Standards, the Chief Planner and Executive Director, City Planning, and the Chief Procurement Officer to move stops where possible to accommodate a CaféTO patio.

16. City Council request the General Manager, Transportation Services to examine ways in which businesses on the Danforth can participate in the CaféTO Program on a date earlier than might otherwise be the case due to the installation of planned bike lanes.

17. City Council direct the General Manager, Economic Development and Culture to consider financially supporting eating establishments in the CaféTO Program which are not included in areas represented by Business Improvement Areas.

18. City Council request the General Manager, Transportation Services, the General Manager, Economic Development and Culture, the Executive Director, Municipal Licensing and Standards, the Chief Planner and Executive Director, City Planning, and the Chief Procurement Officer to work with business’ to explore the use of a portion of their parking lot to accommodate outdoor seating for those who do not have patios or an area to establish a patio and that the City financially support the tools required to install the temporary patio area.

19.  City Council authorize the General Manager, Transportation Services, the General Manager, Economic Development and Culture, the Executive Director, Municipal Licensing and Standards, the Chief Planner and Executive Director, City Planning and the Chief Procurement Officer, in consultation with the local Councillor to consider a flankage patio without a polling requirement for this season only.

20.  City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, to establish a program to allow for the review, approval and installation of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing and with areas denoted for physical distancing purposes from no earlier than July 1, 2020 to no later than November 15, 2020, inclusive; in establishing such a program, the General Manager, Parks, Forestry and Recreation shall consider:

a. establishing appropriate guidelines for the General Manager, Parks, Forestry and Recreation to review and approve patios with areas denoted for physical distancing purposes, including a closing time of 11:00 p.m.;

b. establishing appropriate indemnification and insurance requirements to protect the City;

c. advice from the Medical Officer of Health to ensure the health and safety of all persons using patios with areas denoted for physical distancing purposes; and

d. defining location, materials, usage, maintenance and removal requirements for patios with areas denoted for physical distancing purposes to ensure the health and safety of all users of City parks.

21.  City Council authorize the General Manager, Parks, Forestry and Recreation to approve applications to install and maintain patios with areas denoted for physical distancing purposes for a term beginning no earlier than July 1, 2020 and ending no later than November 15, 2020 where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, under Part 20 above, and where the approval conflicts with any provision of Municipal Code Chapter 608, Parks, the approval of the General Manager, Parks, Forestry and Recreation shall prevail to the extent of the conflict.

22.  City Council waive fees required under section 56(4) of Toronto Municipal Code Chapter 608, Parks, for any patio approved by the General Manager, Parks, Forestry and Recreation under the program described in Part 20 above.

23. City Council authorize the General Manager, Parks, Forestry and Recreation, when approving a patio under the CaféTO program, to confirm that the City of Toronto does not object to the temporary physical extension of liquor sales under section 97(2) of regulation 719 under the Liquor Licence Act for that approved area and to withdraw this confirmation if the operator of the patio, in the opinion of the General Manager, Parks, Forestry and Recreation subsequently fails to comply with the CaféTO program, applicable City by-laws or policies, or orders under the Emergency Management and Civil Protection Act. 

24.  City Council request the Chief Planner and Executive Director, City Planning to report to the July 13, 2020 meeting of the Planning and Housing Committee on a draft Temporary Use By-law pursuant to Section 39 of the Planning Act, to amend on a temporary basis zoning regulations respecting outdoor patios located in front of buildings and ancillary to eating establishments and take-out eating establishments and that Notice for Public Meeting be given in accordance with the regulations of the Planning Act.

25. City Council request the General Manager, Economic Development and Culture to report back to the September Executive Committee meeting outlining how the business’ outside of Business Improvement Areas were helped and what the plan is moving forward; such report to include the amount of the $250,000 City-wide spend for the project that was directed to help the areas outside Business Improvement Areas.