Other Items Considered by the Committee

(a)Vital Services Programme

The Planning and Transportation Committee reports having:

(1)received the following report (September 15, 1999) from the Acting Commissioner, Urban Planning and Development Services for information; and

(2)requested the Acting Commissioner, Urban Planning and Development Services to report to the Planning and Transportation Committee on the implementation of a 24 hour telephone service operated by a person, not a machine, where a Councillor could get immediate service on behalf of constituents on matters relating to vital services.

(September 15, 1999) from the Acting Commissioner, Urban Planning and Development Services, reporting on the success of the Vital Services programme for the heating season of 1998/99, and recommending that this report be received for information.

(b)Regulation of Hours of Operation - Body Shops/Automobile Service Centres

The Planning and Transportation Committee reports having received the following report (September 9, 1999) from the Acting Commissioner, Urban Planning and Development Services for information.

(September 9, 1999) from the Acting Commissioner, Urban Planning and Development Services, updating the Committee on the status of the matter of the regulation of hours of operation of body shops/automobile service centres and recommending that the Committee receive this report for information.

(c)Retirement and Lodging Homes

The Planning and Transportation Committee reports having received the following report (September 21, 1999) from the City Solicitor for information.

(September 21, 1999) from the City Solicitor, reporting on the legal status of the former City of Toronto and City of Etobicoke Rooming House/Lodging House by-laws and the enforcement of these by-laws outside the boundary areas of these former area municipalities and recommending that this report be received for information.

(d)New Practices for the Review of Development Applications

The Planning and Transportation Committee reports having:

(1)deferred consideration of the following report (June 25, 1999) from the Commissioner, Urban Planning and Development Services, and related material, to the Committee's next meeting on November 1, 1999; and

(2)noted the following motions which were tabled by Councillor Moscoe and requested that they be brought forward to the Committee's next meeting for consideration with this matter:

"That the report (June 25, 1999) from the Commissioner, Urban Planning and Development Services be amended by:

(1)amending Recommendation 2(i) by adding at the end thereof the words:

"but only after consultation with Councillor(s) in accordance with practices presently in use in the former City of North York;"

so as to read:

"(2)(i)delegation of authority to staff, as permitted by statute, to approve applications for site plan control approval, various classes of consents, draft condominium approval (except for conversion of rental housing) and authority to execute, amend and release site plan agreements on behalf of the City but only after consultation with Councillor(s) in accordance with practices presently in use in the former City of North York;"

(2)amending Recommendation (2)(ii) by adding at the end thereof the words:

"and that the planner in charge of a project have available specific expertise that may be required, in particular urban planning design and landscape planning resources;"

so as to read:

"(2)(ii)a case management system which provides for a continuity of planning staff assignment from the beginning to the completion of any project and that the planner in charge of a project have available specific expertise that may be required, in particular urban planning design and landscape planning resources;"

 (3)adding the additional recommendation:

"(2)(viii)prior to preliminary reports being written, Councillors be given the opportunity to hold a community meeting if they so require so that the planners have the benefit of community input at an early stage before preliminary evaluation;"

(4)amending Recommendation (3)(ii) by deleting the words "intensity of" and replacing with the words "criteria to be applied to", so as to read:

"(3)(ii)to establish areas of site plan control on a consistent basis across the City, establishing appropriate thresholds defining the criteria to be applied to development or redevelopment which would require the submission of an application for site plan approval as detailed in this report:"

(5)amending Recommendation (3)(vi) by adding the words "after consultation with local Councillor(s);", so as to read:

"(3)(vi)to delegate authority to execute, amend and release agreements, as required, to the Chief Planner or delegate(s) after consultation with local Councillor(s);"

(6)Adding the following additional Recommendations:

"(11)that all studies related to a project over a certain threshold be commissioned by the City of Toronto at the expense of the applicant and that staff be requested to report further on a suitable threshold;

(12)that the Commissioner, Urban Planning and Development Services be requested to report further on a policy that would require the removal of signage related to planning practices at the specific steps in the planning process;

(13)that planning policies prohibit the erection of a sales office for any project prior to all planning approvals having been made;

(14)that pre-application meetings include Councillors, or their staff, if they so request;

(15)that Councillors be immediately notified upon receipt of an application;

(16)that informal consultation meetings be held with the community prior to a preliminary evaluation report;

(17)that notification of planning applications be sent to persons in the area including residential and business tenants and property owners;

(18)that all telecommunication applications be forwarded to the Telecommunications Steering Committee for information;

(19)that industrial applications be exempt, unless requested by the Ward Councillor(s);

(20)that the following not be exempted:

townhouses;

additions to commercial parking lots;

school portables; and

telecommunication equipment;

(21)preliminary evaluation reports not include staff comments which may prejudice the final staff recommendation;

(22)Members of Council continue to chair planning community meetings, and planning staff chair these meetings only if requested by the Ward Councillor(s); and

(23)certificates of inspection be commissioned by Urban Planning and Development Services and paid for by the applicant.

(i)(June 25, 1999) from the Commissioner, Urban Planning and Development Services, recommending that:

(1)this report be referred to the Community Councils for review and comment to the Planning and Transportation Committee for its October 4, 1999 meeting;

(2)Council endorse the following principles as the foundation for new practices in City Planning:

(i)delegation of authority to staff, as permitted by statute, to approve applications for site plan control approval, various classes of consents, draft condominium approval (except for conversion of rental housing) and authority to execute, amend and release site plan agreements on behalf of the City;

(ii)a case management system which provides for a continuity of planning staff assignment from the beginning to the completion of any project;

(iii)a one-window review and comment process which is streamlined to the essential agencies and which establishes time frames for responses;

(iv)use of preliminary evaluation reports, for applications to amend the official plan or zoning by-law, to identify issues, set up a community consultation process and to establish a target for delivery of a final recommendation report and statutory public meeting;

(v)provision for roundtable meetings between applicants and empowered staff from City departments to identify issues, technical studies needed and other relevant matters early in the review process;

(vi)use of plain language and common formats in reports to Council, notices to the public and agreements related to development approvals;

(vii)use of informal and formal dispute resolution throughout the approval process to avoid appeals and referrals to the Ontario Municipal Board;

(3)the City Solicitor be directed to prepare by-laws for presentation to and approval by City Council as follows:

(i)to delegate authority to approve applications for site plan control approval to the Chief Planner or delegate(s), subject to a provision for the Ward Councillor(s) to request a "bump-up" to City Council for approval;

(ii)to establish areas of site plan control on a consistent basis across the City, establishing appropriate thresholds defining the intensity of development or redevelopment which would require the submission of an application for site plan approval as detailed in this report;

(iii)to delegate authority to grant draft condominium approvals except for applications involving the conversion of rental housing, and exemptions from draft approval as appropriate, to the Chief Planner or delegate(s);

(iv)to delegate approval authority for the creation of new lots by consent to the Committee of Adjustment as permitted under Section 54 of the Planning Act;

(v)to delegate approval authority for all consents, other than the creation of new lots, to the Secretary-Treasurer of the Committee of Adjustment or delegate(s) in accordance with Section 54(2) of the Planning Act;

(vi)to delegate authority to execute, amend and release agreements as required, to the Chief Planner or delegate(s);

(4)the City Solicitor be authorized and directed to prepare and present for Council approval, standard form agreements as required and authorized by the Planning Act and any other statutes to replace standard form agreements currently in use;

(5)Council request the Province of Ontario to amend the Planning Act to delete the requirements for a public meeting in conjunction with plans of subdivision;

(6)staff be authorized to accept certificates of completion from Provincially registered professionals as proof of compliance with City requirements and Provincial statutes with regard to site plan approval and condominium registration;

(7)staff be directed to bring forward any amendments to the Official Plans of the former municipalities required to implement the findings of this report;

(8)staff be directed to bring forward a report to the Planning and Transportation Committee recommending a new structure for the Committee(s) of Adjustment;

(9)staff be directed to bring forward a report to the Planning and Transportation Committee recommending new practices for harmonizing the Committee of Adjustment function; and

(10)staff in the Urban Planning and Development Services Department, Corporate Services Department, Economic Development Culture and Tourism Department, and Works and Emergency Services Department, be authorized to undertake necessary actions to give effect to these recommendations;

(ii)(July 30, 1999) from Councillor John Filion, forwarding suggested amendments to the Planning Process together with a brief rationale for each;

(iii)(September 17, 1999) from the City Clerk, Scarborough Community Council, forwarding action taken by the Scarborough Community Council, and recommending that:

(1)the Commissioner, Urban Planning and Development Services be directed to:

(i)send by First Class Mail, notification of planning applications to tenants and owners within 400 feet of an application; and

(ii)send by Third Class Mail, at the applicant's expense, notification of planning applications to tenants and owners beyond the 400 foot boundary, as may be determined by the local Community Council;

(2)site inspections on Site Plan Applications be continued in the East District, as previously carried out by the former City of Scarborough, and that the Commissioner, Urban Planning and Development Services be directed to continue to review internal operations to provide this service City-wide;

(3)telecommunications equipment not be exempted from the Site Plan Control process; and

(4)Recommendation No. (6) in the report of the Commissioner, Urban Planning and Development Services be amended to read as follows:

"(6)staff be authorized to accept, as an alternative where site inspection resources are limited, certificates of completion from Provincially registered professionals as proof of compliance with City requirements and Provincial statutes with regard to site plan approval and condominium registration;";

(iv)(September 20, 1999) from the City Clerk, forwarding action taken by Toronto Community Council and recommending that recommendation Nos. 2-10 of the report (June 25, 1999) from the Commissioner, Urban Planning and Development Services be adopted;

(v)(September 20, 1999) from the City Clerk, York Community Council, forwarding the action taken by the York Community Council and recommending that:

(1)with respect to the process for community consultation, that the community meetings be chaired alternately by the Ward Councillors if the process is implemented during this current term of Council;

(2)the Ward Councillor be responsible for chairing the community meetings, during the next term of Council; and

(3)regarding the Proposed Site Plan Approval Process, the Ward Councillors notify planning staff of their absences or unavailability, to allow the Councillors to submit comments on their return and to "bump-up" the issue to the Community Council, if necessary.

The York Community Council also:

(a)requested the Ward Councillors to submit their individual comments to the Planning and Transportation Committee for consideration at its October 4, 1999 meeting; and

(b)held a public meeting regarding this matter;

(vi)(September 16, 1999) from the City Clerk, Etobicoke Community Council, forwarding action taken by the Etobicoke Community Council and recommending that:

(1)Members of Council continue to chair community meetings and that staff of Urban Planning and Development Services only do so if requested by the local Councillor(s); and

(2)the notification to Ward Councillors of site plan approval applications contain a 'response box' for completion by Councillors requesting a "bump-up".

The Etobicoke Community Council also requested the Acting Commissioner, Urban Planning and Development Services to submit a report to the meeting of the Planning and Transportation Committee on October 4, 1999, clarifying the statement regarding the recovery of costs from the Councillor's budget if a request is made to exceed the requirements of the Act with respect to the area of notice for community and public meetings;

(vii)(September 17, 1999) from the City Clerk, North York Community Council, advising that North York Community Council deferred consideration of this matter to its next meeting scheduled for October 12, 1999, at 2:00 p.m. and requested that:

(1)the City Clerk notify all members of the public who attended the North York Community Council meeting of September 14, 1999, of the continuation of the public meeting scheduled for October 12, 1999, at 2:00 p.m.; and

(2)the Planning and Transportation Committee defer consideration of this matter which is expected to be considered by the Planning and Transportation Committee at its meeting scheduled for October 4, 1999, in order to allow the North York Community Council an opportunity to hear all deputations scheduled for the continuation of the public meeting scheduled for October 12, 1999, and to subsequently forward its comments and/or recommendations regarding this issue;

(viii)(September 20, 1999) from the City Clerk, East York Community Council, forwarding the action taken by the East York Community Council and recommending that consideration of this matter be deferred until such time as the report from the Acting Commissioner, Urban Planning and Development Services with respect to the organizational structure for the new Committee of Adjustment is considered;

(ix)(October 1, 1999) from Anne Dubas, President, CUPE Local 79; and

(x)(October 4, 1999) from Peter Gabor, Chair, The Toronto Board of Trade Planning and Development Committee.

(e)Registration of Second Suites

The Planning and Transportation Committee reports having referred the following report (September 16, 1999) from the Acting Commissioner, Urban Planning and Development Services to the Acting Commissioner with a request that he submit to the Committee a further report proposing a more refined fee schedule and include incentives which would encourage property owners to register their second suite units.

Councillor Filion indicated an interest in this matter, and advised that the nature of his interest is that he owns a property which has potential for creating a second suite apartment.

(i)(September 16, 1999) from the Acting Commissioner, Urban Planning and Development Services, reporting further on an implementation plan for the registration of second suites, as requested by Council at its meeting on July 27, 28, 29 and 30, 1999 and on a series of motions from the Council debate on the registration of second suites, and recommending that:

(1)the City Solicitor be instructed to prepare the necessary by-law to institute a program for registration of two-unit houses, and that authority be granted to introduce the necessary Bill in Council to give effect thereto;

(2)Council endorse an enforcement strategy based only upon responding to complaints and voluntary compliance by property owners; and

(3)Council request the Province of Ontario to undertake the legislative changes necessary to permit the City of Toronto to pass a by-law for the licensing and regulating of two-unit houses.

or

(4)Council receive this report for information, and not adopt a program for registration of two-unit houses.

(ii)(August 6, 1999) from the City Clerk, forwarding Clause 1 of Report 3 of The Planning and Transportation Committee, titled "Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right", which was adopted as amended, by the Council of the City of Toronto at its meeting held on July 27, 28, 29 and 30, 1999, and referring to the Planning and Transportation Committee for report thereon to Council the following:

(1)all portions of the Clauses pertaining to the registration of second suites and the following motions related thereto, be referred to the Planning and Transportation Committee for report thereon to Council for its regular meeting to be held on October 26, 1999:

(2)the following motions:

Moved by Councillor Cho:

"That Part (3) of the motion by Councillor Flint be amended to provide that:

(1)registration take place prior to, or at the same time, as the lease on the second suite closes; and

(2)the City grant a six-month grace period to those persons already living in a second suite and the owners who have been renting their second suites."

Moved by Councillor Duguid:

"That Part (3) of the motion of Councillor Flint be amended by deleting the words 'and annually thereafter', and inserting in lieu thereof the following:

'and that the Acting Commissioner, Urban Planning and Development Services be requested to apply to the Province of Ontario for an amendment to the Municipal Act to permit municipalities to undertake an annual inspection and impose an annual registration fee for each second suite.' "

Moved by Councillor Nunziata:

"That Part (4) of the motion by Councillor Flint be struck out and the following be inserted in lieu thereof:

'(4)that the City establish a system for the registration of two-unit houses authorizing these suites only where there is compliance with the Zoning By-law, the Property Standards By-law, the Fire Code and the Building Code, and that such registration be reviewed when the Registrar receives complaints with respect to the second unit and revoked when there is a breach of any of these laws or when inspection to determine a breach is refused.' "

Moved by Councillor Flint:

"It is further recommended that:

(1)Recommendation No. (4) of the Planning and Transportation Committee be deleted;

(2)a By-law, substantially in the form of the draft by-law attached to the report dated June 22, 1999, from the Commissioner, Urban Planning and Development Services, regarding registration of second suites, be approved, and that authority be granted to introduce the necessary Bill in Council to give effect thereto;

(3)a fee of $75.00 be charged for each second suite; such fee to be payable at the time of registration and annually thereafter; and

(4)Council endorse an enforcement strategy based upon responding to complaints and voluntary compliance by homeowners and tenants."

Moved by Councillor Duguid:

"It is further recommended that, if a registration system for second suites is adopted by Council, staff be requested to apply to the Province of Ontario for an amendment to the relevant legislation to increase the maximum fine for failure to register a second suite to $25,000.00 from $5,000.00."

Moved by Councillor Li Preti:

"It is further recommended that a permanent registry of 'add-a-suite' be established by the appropriate Department."

Moved by Councillor Bossons:

"It is further recommended that:

(1)the City establish and maintain a registry of units existing before enactment of the second suites By-law and units created on the basis of the new By-law, to the extent possible under the rights-of-entry powers available to the City;

(2)the City not charge inspection fees, and the waiving of fees be considered the City's contribution to affordable housing construction; and

(3)the Acting Commissioner, Urban Planning and Development Services be requested to submit a report to the Planning and Transportation Committee on registry and inspection costs."

Moved by Councillor King:

"It is further recommended that, when the Planning and Transportation Committee gives consideration to the matter of registering second suites, it also give consideration to imposing fines on the owners of those second suites which have not been registered."

Moved by Councillor Minnan-Wong:

"It is further recommended that sufficient enforcement officers be retained for by-law enforcement, property standards and registration and that this be done on a cost-recovery basis from owners who have second suite apartments."

Moved by Councillor Tzekas:

"It is further recommended that the Province of Ontario be requested to amend the Municipal Act to permit the City of Toronto to pass By-laws licensing and regulating units in houses with second suites."

(f)Toronto Licensing Tribunal - Semi Annual Report, January - June, 1999

The Planning and Transportation Committee reports having endorsed the following report (August 19, 1999) from the Chair, Toronto Licensing Tribunal, and referred it to the Licensing Sub-Committee for consideration at its first meeting and requested the Acting Commissioner, Urban Planning and Development Services to report to the Licensing Sub-Committee for that meeting on the power of the Licencing Tribunal to levy fees.

(August 19, 1999) from the Chair, Toronto Licensing Tribunal, reporting in response to City Council's direction that the Toronto Licensing Tribunal report at least semi-annually to the Planning and Transportation Committee, and recommending that:

(1)City Council amend Section 11(1) of By-law 20-85 to read as follows:

11(1)an applicant for a licence, or for the renewal of a licence is, subject to the provisions of this By-law, entitled to be issued the licence or renewal, except where,

(a)the conduct of the applicant affords reasonable grounds for belief that he has not carried on or will not carry on his trade, calling, business or occupation in accordance with law and with integrity and honesty; or

(b)there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation by the applicant has resulted or will result in a breach of this By-law or any other law; or

(c)the applicant is a corporation and its conduct or the conduct of its officers, directors, employees or agents affords reasonable grounds for belief that its trade, calling, business or occupation has not been or will not be carried on in accordance with law and with integrity and honesty; or

(d)there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in respect of which the licence is required have not complied or will not comply with the provisions of this By-law or any other law; or

(e)the conduct of the applicant or other circumstances afford reasonable grounds for belief that the carrying on by the applicant of the business in respect of which the licence is sought infringed or would infringe the rights, or endanger the health or safety of other members of the public; and

(2)City Council direct the City Solicitor to amend By-law 20-85 to authorize the Tribunal to suspend penalty for a specified period of time, to be determined by the Tribunal.

Dorothy Thomas, Chair, Toronto Licensing Tribunal, appeared before the Committee in connection with the foregoing matter.

 (g)Cash-in-lieu of Parkland Dedication

The Planning and Transportation Committee reports having deferred consideration of the following report (September 20, 1999) from the Acting Commissioner, Urban Planning and Development Services and requested the Acting Commissioner to report further on:

(a)areas which are used to determine efficiencies; and

(b)standards to be used to determine efficiencies.

(September 20, 1999) from the Acting Commissioner, Urban Planning and Development Services, reporting on policy initiatives directed at acquiring parkland in areas of the city which are parks deficient, including the consideration of adjustments to the City's interim policy on the use of funds collected in-lieu of parkland dedication through Section 42 of the Planning Act, and recommending that:

(1)this report be received for information; and,

(2)this report be forwarded to the Economic Development and Parks Committee.

    Respectfully submitted,

 Councillor Joanne Flint,

Chair

Toronto, October 4, 1999

Christine Archibald

Tel. (416) 392-7039