Item - 2022.PH31.8

The Planning and Housing Committee recommends that:

1. City Council enact zoning by-law amendments with respect to city-wide and site-specific zoning permissions for outdoor patios substantially in accordance with Attachments 1 to 17 to the report ((January 28, 2022) from the Chief Planner and Executive Director, City Planning.

2. City Council direct the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

3. City Council request the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee by the third quarter of 2023 on potential permanent modifications of zoning regulations for outdoor patios on private property.

4. City Council direct that approval of the outdoor patios located at 592 Gerrard Street East, 1008-1010 Queen Street East, 1118 Queen Street East, 1298 Queen Street East, 106-110 Broadview Avenue, 704 Queen Street East and 3 Hamilton Street and 345 Carlaw Avenue and 1180 Dundas Street East and 100 Indian Road be contingent on the following conditions:

a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community;

b. the patio be closed at 10:00 p.m. from Sunday to Thursday and 11:00 p.m. from Friday to Saturday;

c. a telephone number will be provided for neighbours to register concerns or complaints directly with the operator of the outdoor patio; and

d. there will be no outdoor music, performances and dancing, or amplified sound on the patios, and doors and windows to the establishments will not be left open or propped open while there is music or amplified sound in the interior.

5. City Council direct that approval of the outdoor patio at 1012-1018 Gerrard Street East be contingent on the following conditions:

a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community;

b. a telephone number will be provided for neighbours to register concerns or complains directly with the operator of the outdoor patio;

c. there will be no outdoor music or amplified sound on the patio, and doors and windows to the establishment will not be left open or propped open while there is music or amplified sound in the interior; and

d. the applicant must maintain the seating and occupancy plans for the outdoor patio previously submitted to Toronto Public Health and Municipal Licensing and Standards.

6. City Council direct that approval of the outdoor patio at 95-107 Danforth Avenue, 749 Broadview Avenue and 139-141 Danforth Avenue be contingent on the following conditions:

a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community;

b. a telephone number will be provided for neighbours to register concerns or complains directly with the operator of the outdoor patio; and

c. there will be no outdoor music or amplified sound on the patio, and doors and windows to the establishment will not be left open or propped open while there is music or amplified sound in the interior;

7. City Council direct that approval of the outdoor patio at 401 Logan Avenue be contingent on the following conditions:

a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community;

b. the patio be closed at 10:00 p.m. from Sunday to Thursday and 11:00 p.m. from Friday to Saturday; and

c. a telephone number will be provided for neighbours to register concerns or complaints directly with the operator of the outdoor patio.

At its meeting on November 9, 2021, City Council requested that City Planning 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. This report responds to the Council direction and recommends an extension to the existing temporary use zoning by-laws, pursuant to Section 39 of the Planning Act, to facilitate outdoor patios associated with eating establishments. These temporary use by-laws regulate outdoor patios on private property only, and are considered to be part of CaféTO program. The CaféTO program is intended to assist the restaurant industry in the economic recovery during and after the COVID pandemic.

The in-effect City-wide Temporary Use By-laws will expire on April 14, 2022. Eating establishments typically prepare and plan for outdoor patios in the first quarter of the year, and providing an extension to the existing by-laws will provide greater certainty to the operators of these establishments. The proposed by-laws complement the rest of the existing CaféTO program which allows expanded patios on City boulevards and rights-of-way.

Two city-wide by-laws are proposed to replace the existing by-laws which would be repealed. One temporary use by-law is an amendment to City-wide Zoning By-law 569-2013, and the second temporary use by-law will address properties that remain subject to the former general zoning by-laws.

The contents of each by-law with respect to the zoning regulations will remain the same. The by-laws will continue to allow an increase to the maximum size of outdoor patios and remove restrictions that might prevent an outdoor patio located in front of a building on private property. The only proposed change to the by-laws is an extension to the expiration date, with a new date of December 31, 2023. This extension would provide additional time for businesses to continue operating outdoor patios under the current expanded permissions while staff consult with the public and study potential permanent modifications to existing zoning regulations for outdoor patios city-wide.

In addition to the two city-wide temporary use by-laws that modified zoning performance standards for outdoor patios, 15 site-specific temporary use by-laws for patios were also enacted with expiration dates of April 14, 2022. For consistency, 15 site-specific temporary use by-laws with an extension to December 31, 2023 are also proposed as part of this report.

The proposed by-laws are consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).