Item - 2021.EX27.10

The Executive Committee recommends that:  

1.  City Council direct the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report back to the Executive Committee by the first quarter of 2023 to establish criteria for a permanent program of CaféTO curb lane/parklet cafés, which takes into consideration the following:

a. the impact of curb lane/parklet cafés on vehicle congestion and transit, including Wheel-Trans;

b. the impact of curb lane/parklet cafés on on-street parking, pay and display parking, residential permit parking and designated accessible parking;

c. the impact of curb lane/parklet cafés on freight and goods movement and delivery and commercial loading zones;

d. the impact of curb lane/parklet cafés on road user safety and requirements for emergency services;

e. the impact of curb lane/parklet cafés on road maintenance and capital work and coordination;

f. requirements to ensure that curb lane/parklet café spaces are accessible;

g. a review of the fee structure for all café types; and

h. any necessary modifications to Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays required to implement the program.

2.  City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, as part of their examination of the transition to a permanent program, to include consideration of the possibility of:

a. more permanent structures and locations as part of CafeTO;

b. the installations of permanent services for suitable CafeTO locations; and 

c. a longer term approval of CafeTO locations to provide more investment certainty.

3.  City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to establish a program for the review, approval and installation of curb lane/parklet cafés or public parklets without applicants having to comply with certain requirements of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, from May 1, 2022 until November 7, 2022.

4.  In establishing a program under Part 3 above, City Council direct that the General Manager, Transportation Services and/or the Executive Director, Municipal Licensing and Standards, shall consider:

a. which requirements from Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays should apply to curb lane/parklet cafés or public parklets under the program;

b. appropriate guidelines for the General Manager, Transportation Services and/or the Executive Director, Municipal Licensing and Standards to review and approve the curb lane/parklet cafés or public parklets under the program;

c. appropriate indemnification and insurance requirements to protect the City provided that the insurance requirement for the program requires at least $2,000,000 in commercial general liability coverage;

d. advice from the Medical Officer of Health to ensure the health and safety of all persons using the curb lane/parklet cafés or public parklets under the program; and

e. requirements for the location, materials, usage, maintenance and removal of the curb lane/parklet cafés or public parklets under the program to ensure the health and safety of all users of City highways, including:

i. that a café or parklet on a local road be closed and cleared of customers by 11:00 p.m. unless hours of operation have been imposed previously by a Community Council for an existing café or parklet area, in which case both the existing and the extended café or parklet area be operated in accordance with the Community Council-imposed hours;

ii. where conditions other than hours of operation have been imposed previously by Community Council for an existing café or parklet area, that both the existing and the extended café or parklet area must be operated in accordance with the Community Council-imposed conditions; and

iii. where conditions have been imposed by Community Council on sidewalk cafés, curb lane/parklet cafés or public parklets in similar circumstances, that those Community Council-imposed conditions should apply.

5.  City Council request the General Manager, Transportation Services to develop and implement an operational policy that ensures curb lane café operators make noticeable and sustained use of their assigned space, or be faced with the potential removal of their café area, at the discretion of the General Manager, Transportation Services or the Executive Director, Municipal Licensing and Standards, with the policy to be developed in consideration of maintaining the aesthetic value of local streetscapes and restoring a balance of curbside uses.

6.  City Council authorize the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards to approve applications to install and maintain curb lane/parklet cafés or public parklets where the application complies with the program adopted by the General Manager, Transportation Services, under Part 3 above, and where the approval conflicts with Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, the approval of the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards shall prevail to the extent of the conflict.

7.  City Council waive application, transfer and permit fees required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and Municipal Code Chapter 441, Fees and Charges, for any application, transfer or permit for a sidewalk café, curb lane/parklet café or public parklet received in the 2022 calendar year.

8.  City Council amend section 937-3.13 of City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to:

a. delete the phrase "180 consecutive days" and insert the phrase "214 consecutive days";

b. delete the phrase "issued a permit under Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, or for a period up to and including 187 consecutive days where a 2020/22 café has been approved by the General Manager of Transportation Services from no earlier than May 8, 2021 to no later than November 10, 2021, inclusive, under Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays"; and

c. insert the phrase "either issued a permit or granted an approval for that purpose by the General Manager, Transportation Services or Executive Director, Municipal Licensing and Standards, under Chapter 742, Sidewalk Cafés Parklets and Marketing Displays" after the phrase "where an applicant has been".

9.  City Council authorize the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards when approving a curb lane/parklet café 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 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, Transportation Services or the Executive Director, Municipal Licensing and Standards, subsequently fails to comply with the CaféTO program, applicable City By-laws or policies, or municipal or provincial orders.

10.  City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee in the first quarter of 2022 on whether to extend the City-wide Temporary Use Zoning By-laws that ease restrictions on outdoor patios on private property.

11.  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 to give effect to the reasonable operation of the sidewalk cafés, curb lane/parklet cafés or public parklets under the program as described in the report (October 13, 2021) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the Interim General Manager, Economic Development and Culture.

12.  City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards, to extend the CaféTO program (including the authority with respect to liquor sales, and the waiving of any applicable fees under Municipal Code Chapter 608, Parks) to allow for the review, approval, installation and maintenance of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing from April 15, 2022 to April 14, 2023, inclusive, where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, 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.

13.  City Council amend Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, as follows:

a. delete sections 742-2.3,742-3.2 A. (2) and 742-4.3 B. (2) to remove the process for notice and the authority for the Executive Director, Municipal Licensing and Standards to refuse an application for a sidewalk café if the City receives multiple objections to the application from members of the public during the 21-day period of public notice;

b. delete section 742-2.2 A. (2) to remove the requirement that an applicant must submit a letter signed by the owner of the adjoining property of the proposed sidewalk café, public parklet or marketing display indicating that the owner does not object to the application if the applicant is not the owner of the adjoining property;

c. amend sections 742.9.4 A. and B. to add the words "or occupant" after the words "property owner" so that where a permit holder or applicant wishes to extend their permit area in front of an adjacent property, the Executive Director, Municipal Licensing and Standards will accept a letter from either the property owner or occupant of the adjacent property - and not just the property owner as currently worded - to consent to or revoke the consent for the use of the area in front of that adjacent property;

d. add the following new subsections D and E to section 742-9.4:

D. Despite Subsection A, where an applicant or permit holder has sought to contact the adjacent property owner through reasonable methods and has not received a response, the Executive Director may allow a permit area for a marketing display or sidewalk café to extend across the front of that adjacent property, or across the curbside area or parking area of that adjacent property in the case of a parklet café, where an applicant or permit holder has provided the Executive Director with proof in a form satisfactory to the Executive Director of their efforts to contact the adjacent property owner.

E. Should the Executive Director receive a letter from the adjacent property owner or occupant objecting to a permit area extension granted under Subsection D, the Executive Director will amend the permit area to remove the portion of the permit area which extends across the front of that adjacent property, and the reduction in permit area will be effective as of 30 days after notice is provided to the permit holder.

e. delete section 742-10.1 A. (1) to remove the condition that a permit area for a sidewalk café must require 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;

f. delete section 742-10.1 A. (3) to remove the condition that a permit area for a sidewalk café must require 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 or Residential Apartment Zone Category on the opposite side of the street across from the proposed permit area;

g. amend Section 742-10.7 by defining fencing to include delineating materials; and

h. amend Section 742-10.9 to require that propane heaters are installed and operated in conformity with the necessary specifications and regulations but remove the requirement that documentation be submitted to the City prior to their use so that the section now reads as follows:

§ 742-10.9. Portable propane heaters.

A. No permit holder shall install or operate a portable propane heater on a permit area unless:

(1) the permit area is for a frontage café, parklet café or public parklet; and

(2) the portable propane heater is:

(a) installed and operated in conformity with the manufacturer’s instructions and specifications, including clearance from combustibles and secured to the permit area utilizing the manufacturer’s listed parts;

(b) in compliance with the requirements as set out in Technical Standards and Safety Act, 2000 Ontario Regulation 211/01 Propane Storage and Handling or any successor regulation; and

(c) operated by persons who have completed a training course in the use of propane.

14.  City Council request the General Manager, Economic Development and Culture to report to the December 7, 2021 meeting of the Executive Committee on:

a. the promotional programs that will be available to restaurants in 2022;

b. the plan for supporting restaurants in Scarborough, North York, Etobicoke and other inner suburban areas of Toronto; 

c. the grants available to restaurants with CaféTO on private property, and the plan to advertise this opportunity; and

d. the plan for plazaPOPS activations and the number of individual restaurants that stand to benefit from the plazaPOPS activations.

15.  City Council direct the General Manager, Economic Development and Culture to explore corporate partnerships for financial or in-kind support to assist the City with CaféTO operation and/or to provide the participating restaurants with necessary equipment for their patios.

16.  City Council direct City Staff to include funding request for the resources required to support CaféTO as part of the 2022 Budget process for City Council consideration.

17.  City Council direct the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report in the first quarter of 2022 on progress to date and future opportunities related to:

a. engaging [Scarborough] strip plaza restaurant operators through in person canvassing, consultations, business association intermediaries and other methods;

b. informing strip plaza owners about the benefits of Business Associations, CafeTO, and other City programs available to them; and 

c. allowing for multi-season patios under a formal, multi-year program.

The CaféTO program was launched in June 2020 to support restaurants and bars facing indoor dining capacity restrictions by providing expanSded outdoor dining space on the street and sidewalk. CaféTO was extended into 2021 and saw a 51% higher uptake compared to 2020, with over 1,200 restaurants participating. City Council also approved a temporary use zoning by-law which granted permission to restaurants to expand an outdoor dining space on private property without a requirement for an application with the City.

COVID-19 has had a significant impact on business owners and employees in the hospitality industry and it is expected that several years will be required before a full economic recovery from the pandemic is realized. This, coupled with the widespread support received for the program, indicates that there is a demand to make CaféTO permanent, which is the proposed direction for this program.

Making the program permanent requires a phased approach, beginning with simplifying the process to obtain a permanent sidewalk café permit. Curb lane/parklet cafés will be permitted city-wide through the CaféTO program in 2022 and staff will monitor the impact of curb lane closures to recommend location and design criteria for a permanent curb lane café permit program in 2023. This work is essential to ensure CaféTO aligns with other critical Council-approved policy objectives like surface transit prioritization, freight, goods and curbside management, cycling infrastructure, complete streets and overall streetscape and congestion management.

CaféTO is an important program to the hospitality industry which continues to recover from the effects of COVID-19. It also represents a transformational change in the way that we use and view our streets and sidewalks and has enhanced the vibrancy of our main streets and public realm - making the program permanent will capture the clear enthusiasm for a people-centric public realm in Toronto.