Item - 2022.PH30.2

The Planning and Housing Committee recommends that:

1. City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment 554 appended as Attachment 1 to the report (December 21, 2021) from the Chief Planner and Executive Director, City Planning.

2. City Council amend the draft Zoning By-law Amendment in Attachment 2 to the report (December 21, 2021) from the Chief Planner and Executive Director, City Planning as it applies to the lands within the Ward boundaries of Beaches-East York, so that:

a. the permitted maximum height of a Garden Suite located a minimum of 5.0 metres from the residential building on the same lot is 6.3 metres, and,

b. 45-degree angular plane projected towards the rear lot line, beginning from a height of 4.0 metres is measured from a minimum distance of 5.0 metres from the rear main wall of the residential building on the same lot.

3. City Council amend Zoning By-law 569-2013, as amended, substantially in accordance with the draft Zoning By-law Amendment appended as Attachment 2 to the report (December 21, 2021) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 2 above.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Draft Zoning By-law Amendment as may be required.

5. City Council direct the Chief Planner and Executive Director, City Planning, to monitor the implementation of the proposed Official Plan Amendment 554, in Recommendation 1 above, and the proposed Zoning By-law Amendment in Recommendation 3 above, and to report to Planning and Housing Committee following the earlier of two (2) years following the date the proposed Official Plan Amendment 554, in Recommendation 1 above, and the proposed Zoning By-law Amendment, in Recommendation 3 above coming into full force and effect, or following the issuance of the 200th building permit for the construction of new garden suites, to review and recommend any necessary revisions to the policy, zoning, and/or other changes to improve implementation.

6. City Council direct the Executive Director, Housing Secretariat to expand the current Affordable Housing Laneway Suites Program to include garden suites, on the same terms and conditions of laneway suites under the current program, to be funded through the Ontario Priorities Housing Initiative and to be available to eligible applicants on a city-wide basis.

7. City Council amend Chapter 415, Article III, 415-30, Subsection A(4) of the Municipal Code by adding the words ", or the creation of 1 Garden Suite" after the words "Creation of 1 additional dwelling unit in an existing residential building or the creation of 1 Laneway Suite, or the creation of 1 Garden Suite" so that it now reads as follows:

“(4) The addition of one additional dwelling unit in an existing residential building, or the addition of one Laneway Suite on a lot, or the addition of one Garden Suites on a lot, which exemption, for greater clarity, shall be given once, for the addition of only one additional dwelling unit on the lot.”

8. City Council direct the General Manager, Parks, Forestry, and Recreation to refuse, at the General Manager's discretion, a permit to injure or destroy a tree protected under Municipal Code Chapters 608, 658, or 813, Parks received in relation to a  building permit application to construct a garden suite, and to advise the applicant to meet with City Planning and Urban Forestry staff as appropriate to consider how the location, massing and design of the proposed suite can be amended to protect the By-law protected tree in question.

9. City Council request the Chief Planner and Executive Director, City Planning to monitor and assess data on the number minor variance and building permit applications for Garden Suites received within the Ward boundaries of Beaches-East York, and include this analysis as part of the monitoring report noted in Recommendation 5 above.

10. City Council request the Chief Building Official and Executive Director, Toronto Building, in consultation with the Fire Chief and General Manager, Toronto Fire Services, to request that the by-law amendments in Recommendation 2 above, be added to the scope of work to be considered by the consultant being retained as directed by Council Direction via Item PH16.10 Laneway Suites: Fire Access Requirements.

The Planning and Housing Committee:

1. Directed the Chief Planner and Executive Director, City Planning, to report directly to the February 2, 2022 meeting of City Council on the following:

a. Whether Garden Suites should also be permitted in areas zoned for multiplexes, towers and apartment buildings in addition to lots with single-detached houses, semi-detached houses, and row-houses/townhouses;

b. The rationale for the proposed separation distance between the main house and garden suite and its relationship to maximum permitted height;

c. The process for monitoring Garden Suites and the rationale for reporting on the monitoring report after the 200th permit for a Garden Suite has been issued, or after two years, as opposed to at an earlier time;

d. A detailed plan to ensure a strong working relationship between The City Planning and Toronto Building Divisions around monitoring Garden Suites;

e. A detailed plan for public information to ensure residents have access to critical information such as guidelines and key city contacts such as Urban Forestry and Toronto Fire Services staff; and

f. A detailed plan for providing open data for closed applications available to the public.

2. Directed the Executive Director Housing Secretariat to report to the July 5, 2022 meeting of the Planning and Housing Committee on best practices for affordable housing for laneway houses and garden suites.

The Senior Planner, City Planning gave a presentation on Garden Suites: Expanding Housing Options in Neighbourhoods.

The Planning and Housing Committee held a statutory public meeting on January 12, 2022 and notice was given in accordance with the Planning Act.

 This report recommends establishing a planning framework to permit garden suites on lands within the City of Toronto that are designated as Neighbourhoods by amending both the Official Plan and City-wide Zoning By-law.

A “garden suite” is an additional self-contained living accommodation, usually located in the rear yard, but not on a public lane, and is separate or detached from the main house. Garden suites are generally smaller than the main house on the lot and are intended to function as rental housing as well as accommodation for a variety of types of households. The Garden Suites Study is part of the Expanding Housing Options in Neighbourhoods (EHON) work program.

The proposed garden suite regulations detailed in this report respond to amendments to the Planning Act made in 2011 and 2019, which require that a City's Official Plan contain policies that authorize the use of additional residential units in detached, semi-detached and rowhouses, and in a building or structure ancillary to those residential building types on the same lot.

Garden suites are a new form of rental housing, multi-generational housing, and an option for aging in-place, for current and future residents of Toronto. The proposed Official Plan and Zoning By-law amendments represent part of an appropriate, sensitive, and gradual evolution of Neighbourhoods. The proposed amendments are rooted in the fundamental principles to create complete communities and provide a full range of housing in terms of form, tenure, and affordability for residents across the city, in a form that makes efficient use of land. The proposed amendments acknowledge the Official Plan's objective that physical change to Neighbourhoods will be gradual, and that new development be consistent with the scale of buildings that already exist across the city's Neighbourhoods.

City Planning staff recommends the approval of the Official Plan and Zoning By-law Amendments to permit garden suites in Neighbourhoods across the City of Toronto.