Item - 2023.EX9.18

That City Council adopt the following recommendations in the revised supplementary report (November 7, 2023) from the Executive Director, Municipal Licensing and Standards [EX9.18b]:

1. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, to re-establish specific provisions deleted by Council in October 2021 and apply them specifically to sidewalk cafés in flankage areas, such that:

a. A new section 742-2.3 is added to provide application notice requirements as follows:

Notice, permit areas on local roads

A. Upon receipt of a complete application for a flankage café, the Executive Director or General Manager, in the case of public parklets, will notify the following people or entities:

1. the Applicant;

2. the local Ward Councillor;

3. the local Business Improvement Area, if any;

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

5. all property owners and occupants located within a 60-metre radius of the proposed café location.

B. All applicants for flankage cafés must display a notice of the application in a form, size and location satisfactory to the Executive Director on the associated establishment for no less than 21 days commencing on a date specified by the Executive Director

b. the following subsection A(2) is added to section 742-3.2. Refusal as a grounds for refusing a permit application:

Refusal

(2) in the case of an application for a flankage café, the City receives multiple objections to the application from members of the public during the 21-day period of public notice;

c. the following subsection B(2) is added to section 742-4.3. Appeals to Community Council as a group that would receive notice of any appeal:

Appeals to Community Councils

(2) Any person who submitted an objection to the application.

2. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, to add the following definition:

a. Flankage Café: a sidewalk café which complies with the requirements for a curb lane café, curbside café or frontage café, as applicable, and is located on a local road that is adjacent to a corner business unit.

Following the vote on motion 1 by Councillor Fletcher, Councillor Holyday, rising on a Point of Order, stated that he wanted to go over what Council just did, as the Committee Report did not have any recommendations, and the Supplementary Report he just looked at states it is a receipt.

Councillor Holyday, rising on a Point of Order, stated that he was just looking at the report that's posted in the system and the recommendations appear different.

Councillor Fletcher, rising on a Point of Order, stated that there was a motion at the Executive Committee and the Supplementary Report responds to the motion from the Executive Committee.

Councillor Holyday, rising on a Point of Order, stated that the October 30 report posted in the system says that the Executive Committee receive this report for information, and clarified that he was referring to report EX9.18a.

That:

1. Executive Committee direct the Executive Director, Municipal Licensing and Standards, in consultation with Transportation Services and Economic Development and Culture, to report directly to the November 8, 9 and 10, 2023 meeting of City Council with the required bylaw amendments specific to flankage patios, to re-introduce provisions deleted by City Council in 2021 from Chapter 742, Sidewalk Cafes and Marketing Displays, which included a process for notice and the authority for the Executive Director, Municipal Licensing and Standards  to refuse an application for a sidewalk café based on receiving objections and an appeal process to community council, where conditions could be added to the permit.