Item - 2023.TE6.80

The Toronto and East York Community Council recommends that:

1. City Council approve the temporary closure to vehicular traffic of the westerly southbound curb lane of Duncan Street between a point 4.2 metres south of Richmond Street West and a point 27.1 metres further south from April 14, 2023 to December 31, 2023 inclusive, for the operation of a parklet café.

2. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to extend permits that were issued before June 1, 2020 and remained active until April 14, 2023 for existing R58 curb lane café permit holders on Duncan Street and within the King Street Transit Priority Corridor until December 31, 2023.

3. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to extend permits that were issued after April 15, 2023 for existing R58 curb lane café permit holders within the King Street Transit Priority Corridor until December 31, 2023.

4. City Council direct the General Manager, Economic Development and Culture, the General Manager, Transportation Services and the Executive Director, Municipal Licensing and Standards to report back before the end of 2023 assessing the feasibility of the continuance of year-round curb lane café operations within the King Street Transit Priority Corridor, and identify the required permit conditions for curb lane café permits issued in 2024 and beyond.

City Council, at its meeting of November 26 and 27, 2019 adopted the extension of the approval for year-round operation of parklets and parklet cafés on King Street and Duncan Street until April 14, 2023. The original staff report, King Street Transit Pilot - Outdoor Cafés & Public Installations in the Curb Lane Public Spaces was adopted March 26th and 27th, 2018.

Curb lane cafés that were issued permits prior to CaféTO have continued to operate from 2020 to 2023 within the original parklet café requirements and permissions implemented as part of the King Street Transit Pilot in 2018. These requirements pre-date the creation of Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays in 2019 and the guidelines established through the CaféTO program in 2020. Curb lane café operators under the King Street Transit Pilot umbrella were required to pay an application fee and install a temporary accessible platform which they were permitted to keep in place curb lane year-round.

Curb lane cafés approved within the King Street Transit Priority Corridor catchment area prior to the implementation of Chapter 742 and the CaféTO Guidelines do not meet current traffic safety and placement criteria, including intersections setbacks and the required cycling offset. To bring King Street cafés into compliance with current requirements, site specific traffic safety and placement reviews will be completed by staff and new traffic safety plans developed for each location in 2024.

While new permit application submissions, including temporary accessible platform plans, will be required to obtain revised R58 permits, the requisite fees were paid by the King Street operators for their original permits and will not be charged again.