CITY CLERK

PLANNING AND TRANSPORTATION COMMITTEE

REPORT No. 3

For Consideration by

The Council of the City of Toronto

on July 27, 28, 29 and 30, 1999

1 Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right

2 Amendments to the Licensing By-law: Ambassador Class Cabs

3 Review of Sub-Committees, Special Committees andTask Forces

4 Amendments to By-law No. 20-85, the Licensing By-law: Massage Therapists

5 Proposal to Bury the F.G. Gardiner Expressway Below Grade Between Dufferin Street and the Don River
(Trinity-Niagara, Downtown, Don River - Wards 20, 24 & 25)

6 Attendance at Conference

7 Other Items Considered by the Committee

City of Toronto

REPORT No. 3

OF THE PLANNING AND TRANSPORTATION COMMITTEE

(from its meeting on July 12, 1999,

submitted by Councillor Joanne Flint, Chair)

As Considered by

The Council of the City of Toronto

on July 27, 28, 29 and 30, 1999

Draft Official Plan Amendments and Zoning By-law Amendments

to Permit Second Suites As-of-Right

(City Council on July 27, 28, 29 and 30, 1999, considered this Clause in conjunction with Clause No. 9 of Report No. 2 of The Community Services Committee, headed "Proposed 'Add-A-Suite' Incentive Program".

Council amended the Clauses:

(1) in accordance with the recommendations embodied in the report dated July 22, 1999, from the Acting Commissioner of Urban Planning and Development Services, subject to deleting from Recommendation No. (4) the words "two years old" and inserting in lieu thereof the words "5 years old", so that such recommendations shall now read as follows:

"It is recommended that:

(1) the term 'row house' in Part (3)(i) embodied in Recommendation No. (1) of Clause No. 1 of Report No. 3 of The Planning and Transportation Committee be deleted;

(2) Council adopt the recommendations embodied in Clause No. 1 in Report No. 3 of The Planning and Transportation Committee, as amended by Recommendation No. (1) above, which responds to Council's directive on May 11 and 12, 1999, that unnecessary barriers to the creation of second suites be removed and that the City's planning documents be amended to permit second suites as-of-right in all single- and semi-detached houses, subject to appropriate building, fire and property standards being met and consistent with the approach taken in the 1994 provincial legislation;

(3) the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including preparing and introducing any necessary bills; and

(4) Council modify the proposed zoning amendments to include a requirement that single- or semi-detached houses across the City of Toronto be a minimum of five years old before permitting the creation of a second suite.";

(2) to provide that:

(a) the area of a second suite shall be smaller than the remaining area of the original unit; and

(b) 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:

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 of 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 of 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 of 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."; and

(3) by adding thereto the following:

"It is further recommended that:

(a) the Province of Ontario be requested to:

(i) enact the necessary legislation to permit the prosecution of landlords for property standards or other by-law violations by tenants, where the City has notified the landlord of these violations;

(ii) amend the Tenant Protection Act to permit an expedited eviction process for tenants living in owner-occupied residences in cases involving a breach of contract concerning:

(1) smoking on the premises:

(2) the presence of pets;

(3) unapproved occupants; and

(4) disorderly behaviour;

(iii) amend the Tenant Protection Act and the City of Toronto Act to provide that a landlord's refusal to comply with the Building Code, the Fire Code and municipal by-laws may result in the relocation of the tenant and/or the Municipality undertaking needed repairs and maintenance, with all costs being recovered as taxes;

(iv) ensure that all second suites are assessed as duplexes for property tax purposes, in comparison with other duplexes under the Assessment Act;

(v) amend the Planning Act and the Municipal Act to provide that the cost of work carried out under municipal order shall be recovered as taxes;

(vi) create a Municipal By-law Court to deal with all By-law inspections and Building Code violations; and

(vii) give municipalities greater rights of entry, specifically by Building Inspectors;

(b) Council confirm that any 'add-a-suite' incentive grant or capital loan program be restricted to owner-occupied residences to promote stable residential neighbourhoods;

(c) the Second Suites By-law No. 447-1999, being a by-law 'To enact zoning by-law amendments respecting second suites', be reviewed in September 2000;

(d) the City Solicitor be requested to seek the necessary legislative authority from the Province of Ontario, to implement the requirement that second suites only be permitted in owner-occupied buildings;

(e) the Chief Financial Officer and Treasurer and the Acting Commissioner of Urban Planning and Development Services be requested to submit a report to the Community Services Committee, through the Assessment and Tax Policy Task Force, on:

(i) ensuring that the property tax assessment system takes into account, in a timely fashion, any change in value created by second suites; and

(ii) directing such additional tax revenue toward enhancing enforcement and inspection activities of these units;

(f) the Acting Commissioner of Urban Planning and Development Services be requested to:

(i) ensure that, where alternative parking standards for second suites do not already exist, at least one additional on-site parking space be provided for a second suite, with the exception of the former City of Toronto area;

(ii) report, as soon as possible, on a mechanism where neighbours could approach the City to help identify solutions to individual or local neighbourhood concerns respecting the condition of properties, including those containing second suites; and

(iii) implement a program for landlords and tenants to educate and inform them of the Official Plan and Zoning By-law amendments related to second suites as-of-right;

(g) the Commissioner of Works and Emergency Services be requested to submit a report to the Planning and Transportation Committee, as soon as possible, on the possibility of implementing permit parking to accommodate the parking needs of the second suite dwellers;

(h) the following motions be referred to the Acting Commissioner of Urban Planning and Development Services for report thereon to the Planning and Transportation Committee:

Moved by Councillor Bossons:

'That the Clause be amended to provide that maximum sizes for second suites shall be as follows:

Bachelor/1 Bedroom - 62 m² or 667 ft²

2 Bedroom - 82 m² or 882 ft²

3 Bedroom - 98 m² or 1,054 ft²

and that the draft by-law(s) be amended accordingly.'

Moved by Councillor Giansante:

'It is further recommended that the City Solicitor be requested to review the legislative authority and implement an easier means of access for the landlord/City staff to enter into second suites.'

Moved by Councillor Lindsay Luby:

'It is further recommended that the City Solicitor seek appropriate legislation, as required, to ensure right-of-entry for City staff to inspect for fire and safety issues'; and

(i) Council determine that, pursuant to Section 34 of the Planning Act, no further notice of the proposed Official Plan and Zoning By-law amendments is to be given in respect thereof."

The Planning and Transportation Committee, after considering the deputations and based on the findings of fact and recommendations contained in the report (June 14, 1999) from the Commissioner of Urban Planning and Development Service, recommends that:

(1) the report (June 24, 1999) from the Commissioner of Urban Planning and Development Services be adopted subject to deleting subsection (3) in Section E titled "Amendments to former City of Toronto General Zoning By-law No. 438-86 " included in Appendix C of the report, as it inadvertently permits second suites only in R1 and R1S districts, and substituting in place the following:

"(3) amending qualification 1 in section 6(2) by inserting a new subparagraph (i) as follows:

"(i) in the case of a converted house originally constructed as a detached house, row house or a semi-detached house:

A. in an R1 or R1S district, the maximum number of dwelling units is two and one of the provisions set out in subparagraphs (ii) to (v) inclusive shall apply; and

B. in an R2, R3, R4 and R4A district, where two dwelling units are provided, none of the provisions set out in subparagraphs (ii) to (v) inclusive shall apply;"

and that no further notice is required as a result of this technical amendment;

(2) the report (June 14, 1999) from the Commissioner of Urban Planning and Development Services be adopted subject to the adoption of the report (June 24, 1999) from the Commissioner of Urban Planning and Development Services as amended by the Committee's foregoing Recommendation (1);

(3) the joint report (June 25, 1999) from the Commissioner of Urban Planning and Development Services and the Commissioner of Community and Neighbourhood Services respecting Education and Promotional Program of Second Suites, be adopted;

(4) a program for registration of two-unit houses not be adopted, and that the report (June 22, 1999) from the Commissioner of Urban Planning and Development Services be received; and

(5) it is ensured that adequate inspection staff is available to protect living standards and to ensure swift action on complaints;

The Committee reports, for the information of Council, having:

(1) requested the Acting Commissioner of Urban Planning and Development Services to analyse and report directly to Council for its meeting on July 27, 1999 on the substantive comments, both written and verbal, made by the deputants and by Councillor Bossons;

(2) held a statutory public hearing on July 12, 1999 in accordance with Sections 17 and 34 of The Planning Act and advises that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder; and

received a presentation by Ross Paterson and Ann-Marie Nasr, Urban Planning and Development Services.

The Planning and Transportation Committee submits the following report (June 14, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To report on draft official plan amendments and proposed changes to the City's zoning by-laws which will permit second suites as-of-right in all single- and semi-detached houses.

Funding Sources, Financial Implications and Impact Statement:

There are no additional funding or financial implications stemming from this report.

Recommendations:

It is recommended that:

(1) Council adopt the proposed official plan amendments in Appendix B which will allow second suites in single- and semi-detached houses throughout the City;

(2) Council enact the proposed zoning by-law amendments in Appendix C subject to any modifications recommended by the Commissioner of Urban Planning and Development Services and/or arising from the public meeting of the Planning and Transportation Committee to be held on July 12, 1999;

(3) in the event that Council adopts new official plan policies and zoning by-law amendments which permit second suites in single- and semi-detached houses as-of-right, the Commissioner of Urban Planning and Development Services be directed to:

(a) monitor the creation of new second suites and the legalization of existing second suites; and

(b) provide a status report on second suites within two years of the new zoning regulations taking effect, including, if necessary, recommendations on any additional changes to the City's planning documents;

(4) a copy of this report be forwarded to the Minister of Municipal Affairs and Housing; and

(5) the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including preparing and introducing any necessary bills.

Background:

At its meeting on May 11 and 12, 1999, City Council directed the Commissioner of Urban Planning and Development Services to amend, within 60 days:

(1) the City's planning documents to permit second suites as-of-right in all single- and semi-detached houses, subject to appropriate building, fire and property standards being met and consistent with the approach taken in the 1994 provincial legislation; and

(2) address the removal of unnecessary barriers to the creation of second suites while maintaining the integrity of the Building Code, Fire Code and property standards.

At its meeting of June 14, the Planning and Transportation Committee (PTC) had before it a report titled: "Changes to the City's Planning Documents to Permit Second Suites As-of-Right". The report noted that in order to meet Council's 60-day deadline, a statutory public meeting would need to be scheduled for July 12, and that draft official plan amendments, together with explanations of the proposed zoning by-law amendments, should be available for public viewing as of June 17. At its meeting on June 14, as requested, the PTC scheduled the statutory public meeting for July 12.

This report discusses the proposed changes to the official plans and zoning by-laws that are required to comply with Council's directive and presents draft official plan amendments. The draft zoning by-laws in Appendix C are still under review. Any further revisions to the draft by-laws will be reported on at the public meeting.

Comments:

Increasing the Supply of Affordable Rental Housing: the Role of Second Suites

At its meeting of May 11 & 12, City Council had before it my report entitled: "The Mayor's Homelessness Action Task Force Final Report: Recommendations and Policy Directions Related to the Housing Policies of the Official Plan". This report focused on 10 of the Task Force's 105 recommendations - specifically those related to the implementation of an affordable housing action plan using the planning tools at the City's disposal.

The Task Force had identified the shrinking supply of low-cost rental housing as one of the major barriers preventing effective solutions to the increasing problem of homelessness in the City. The Task Force provided compelling evidence of a growing affordability problem for renters as a result of:

- a real decline in tenant incomes;

- rent inflation which has reduced the number of low-cost units; and

- a set of economic and market circumstances which have discouraged investment in new affordable rental housing over many years.

To respond to the severe shortage of affordable housing in the City, the Task Force identified the removal of restrictions and the legalization of second suites as an important part of an overall housing strategy. Second suites were seen as having the following direct benefits:

- they are a cost-effective form of affordable housing which does not require subsidization; and

- they are a means of providing additional income for seniors, allowing them to stay in their homes, and for young families, to help meet mortgage payments.

The report before Council also identified that no new significant problems occurred when second suites were permitted as-of-right throughout the province under provincial legislation between July 14, 1994 and November 16, 1995. Second suites already form a major component of the rental market with 1 in 5 rental units being a second suite.

The Affordable Housing Action Plan and Council's Direction on Second Suites

In recognition of the need to proceed with the implementation of the City's affordable housing action plan in a timely manner, Council directed the Commissioner of Urban Planning and Development Services, within 60 days, to amend:

(2) to address the removal of unnecessary barriers to the creation of second suites while maintaining the integrity of the Building Code, Fire Code and property standards.

It is also important to note that the adoption of policies and enactment of by-laws to permit second suites as-of-right will have the effect of bringing the former area municipal planning documents into compliance with the Official Plan of the former Municipality of Metropolitan Toronto. The Metro Official Plan included a provision that the area municipal official plans and zoning by-laws permit apartments-in-houses in residential neighbourhoods.

Use of the Term "Second Suite"

For clarity and consistency, the term "second suite" is being proposed to describe the additional living space that will be permitted in single- and semi-detached houses through the application of the proposed policy and by-laws across the City. Where appropriate, the term second suite will be substituted for other terms currently in use such as accessory suites/apartments and apartments-in-houses.

Developing an Approach Consistent with Previous Provincial Legislation (Bill 120)

As noted above, the recommendation adopted by Council included the clause: "consistent with the approach taken in the 1994 provincial legislation". The intent of referring to the previous provincial legislation is not to reinstate Bill 120 in its entirety and verbatim through the zoning by-laws. Rather, the objective is to adopt, where appropriate, as many of the principles and standards of Bill 120 and to build on existing policies and zoning regulations to meet the direction set by City Council. One of Bill 120's key principles which has been retained is the general rule that: "standards which apply to a house with two units cannot exceed the standards for a house with one unit". This general rule has been used to guide staff in the identification of and removal of potential barriers.

There are some key differences between the provisions of Bill 120 and the proposals outlined in this report. For example, second suites were permitted as-of-right in townhouses under Bill 120. It is proposed here that second suites continue to be permitted in townhouses/rowhouses where existing planning documents allow them (e.g. former municipalities of Toronto and York). However, this permission will not be extended throughout the entire City. One of the main reasons for this is that there are difficulties in providing sufficient parking for second suites in row housing, particularly in the case of condominium row housing where visitor parking requirements can be a major constraint.

Another difference relates to noncompliance with planning standards. Bill 120 did not apply to residential premises that were legal non-conforming uses in zones that did not permit such uses (e.g., industrial areas). The proposed policies and zoning will permit second suites in legal non-conforming single- and semi-detached dwellings.

Removing Barriers to the Implementation of Second Suites

City Council directed staff to address the removal of unnecessary barriers to the creation of second suites while maintaining the integrity of the Building Code, Fire Code and property standards. The following discussion takes a closer look at the actions which have been taken to remove potential barriers.

(i) Floor Area and Lot Area:

The proposed changes take into account the principle that the planning documents should not prohibit alterations to facilitate a second suite in a basement because of standards which define a relationship between floor area and lot area (e.g. where the use of the basement is included in floor area calculations). It is anticipated that the majority of new second suites will be created in basements.

Occupancy of an attic for purposes of a second suite, however, will be treated differently and will be counted in floor space calculations. This reflects the fact that in dwellings where there is no second suite and the additional space is occupied by the household, the floor area of an attic that is used for habitable space is included in the calculation of permitted floor area and other restrictions related to the number of permitted storeys and height are applicable.

(ii) Building Alterations:

The majority of second suites have and will continue to be created by internal alterations to existing houses. The proposed zoning by-laws do not preclude additions to houses to accommodate second suites provided the additions do not contravene zoning standards such as set-back requirements and height limitations. Similar to single-occupancy situations, owners would have to apply for a minor variance or zoning amendment for additions that contravene zoning standards.

(iii) Exit Requirements:

Bill 120 allowed egress from a second suite to the outside through another residential unit. The proposals outlined here also adopt this standard which complies with the Fire Code. The Fire Code provides several options which may be used to provide a suitable means of escape. Two means of escape are required from a second suite where the second suite's access is through a door that involves entering another unit. A window may serve as a second means of escape provided it meets minimum specified requirements.

It may be appropriate, in some situations, to add another door to the outside for the exclusive use of the tenants living in the second suite. In some of the former municipalities there are no restrictions on adding a second door on the front facade of a house while others preclude second doors on the front facade or a side facade that faces a public road. Where such restrictions have been in place, the owner is required to obtain the approval of the Committee of Adjustment to add a second door whether it is to serve the existing unit or a second suite.

Past experience has shown that this restriction has not proved to be a barrier or impediment to the creation of second suites but may emerge as an issue in other areas of the City depending on the design characteristics of the housing stock. In accordance with Council's directive, staff have identified such restrictions as potential barriers and these have been deleted or not included in the proposed zoning by-laws depending on the current circumstances. If this matter is identified as an emerging problem in the course of future monitoring, Council could reintroduce restrictions on alterations to the exterior of houses.

(iv) Unit Limits:

Consistent with the previous provincial legislation, the proposals outlined here exempt second suites from density limits (e.g. not included in the number of units calculations) and do not apply restrictions based on the age of the structure. Bill 120 established maximum unit area requirements which were calculated using the minimum room size figures in the Building Code and municipalities were permitted to set minimum size standards but could not exceed the regulated maximum figures. The proposals in this report rely on the minimum size standards in the Building Code.

(v) Parking Standards:

The proposed parking standards are similar to those in Bill 120. A house with a second suite will not be required to have more than two on-site parking spaces. This means that, with the exception of the former City of Toronto, two parking spaces are required for a house with a second suite. The more permissive standard in the former Toronto, which allows for one parking space for the first unit where parking existed before the addition of the second unit plus one parking space for each dwelling unit in excess of the first two units, will continue.

The proposals allow for the driveway to be used to meet the parking requirement, including that part of the driveway between the facade of the house and the property line. This will facilitate the use of tandem parking. In those cases where front yard parking is currently permitted, the required parking space for the second unit may be as front yard parking provided it meets all other zoning by-law front yard parking requirements, including minimum parking space dimensions and there is no encroachment by the parking space into the municipal road allowance. Street permit parking, where available and previously permitted, may also be sought to provide parking for the second suite.

(vi) Ontario Building Code and Fire Code Standards:

While the proposed by-laws permit below-grade second suites, these units will also be subject to other health and safety requirements specified under the Ontario Building Code (OBC). These include minimum ceiling height, lighting, ventilation and fire exit requirements but are only enforceable for one year after construction of the second suite. Some of the former municipalities identified requirements related to these matters in their zoning by-laws. By contrast, the approach taken here is to refer to the Ontario Building Code which provides Province-wide standards in the zoning by-laws. Furthermore, it may be inappropriate for these matters to be addressed through the zoning by-laws as Section 34 of the Planning Act does not explicitly authorize the municipal regulation of these matters.

The Ontario Building Code has standards that apply to second suites which provide a measure of flexibility in creating and upgrading units while maintaining reasonable levels of safety. New Fire Code standards which apply to houses with two units came into force on July 14, 1994 in conjunction with the proclamation of Bill 120 and are still in force. These standards cover such matters as fire separations between units, fire exits and smoke alarms. Provisions of Bill 120 regarding powers of entry under the Planning Act also remain in effect.

Fire officials have the strongest powers to inspect a property. They may enter without a search warrant where there is reason to believe that risk of fire poses a threat to life. Where occupants do not consent, and there is no reason to believe that there is an immediate threat to life, inspectors are required to obtain a search warrant. Property standards officers typically inspect units when requested to do so by the occupant or where a complaint has been received from another source. Inspectors can enter with the consent of the occupant. If there is no consent, a search warrant must be obtained by showing "reasonable grounds" that a property standards offense has occurred

(vii) Registration:

The Municipal Act provides municipalities with the ability to register second suites. A registration by-law passed under Section 34 of the Planning Act may specify the standards that must be met to register a house with a second suite (e.g. Building and Fire Codes). Inspection for compliance with the standards may be a condition of registration.

In 1997, East York and York enacted registration by-laws and initiated registration programs. The registration programs in both areas were suspended in June 1998 because of changes to the work program as a result of new municipal priorities and staff reassignments.

The Etobicoke Official Plan permits second suites provided they are registered with the municipality. However, no registration by-law was developed in Etobicoke to implement this policy. To ensure that this administrative oversight does not act as a potential barrier to the creation of second suites it is proposed that, in this specific case, the reference to a registration requirement be deleted from the Etobicoke planning documents.

It should be noted that the former Toronto, with the longest history and experience with second suites, and a substantial stock of them, had no registration by-law. The development of a proposed implementation plan for the registration of second suites in the new City, including a discussion of an enforcement strategy and possible resource requirements, will be reported on separately.

Proposed Changes to the Official Plans and Zoning By-Laws

The proposed changes to the official plans and the zoning by-laws are as follows:

Appendix A: describes the existing and proposed official plan policies and zoning regulations respecting second suites. Changes are proposed to the official plans of the former municipalities except for the Official Plan of the former City of Toronto. Amendments to all of the zoning by-laws of the six former area municipalities are required to meet Council's directive;

Appendix B: contains draft official plan amendments;

Appendix C: contains draft zoning by-law amendments. Staff are finalizing their detailed review of the draft zoning by-laws to determine if further amendments are required. If necessary, a report regarding further amendments will be prepared for the July 12 public meeting.

Conclusion:

This report has outlined the necessary changes to the planning documents to accomplish the task of permitting second suites as-of-right without prejudicing requirements specific to the former municipality (e.g. the size of a parking space, driveway width). Where more permissive policies and regulations exist, such as in the former City of Toronto, they will continue to apply. The most substantive changes are to the Scarborough and North York documents where second suites had been more restricted. This proposal meets Council's requirements that such amendments occur within a 60-day time frame.

The effect of the changes discussed in this report are that, subject to meeting other planning standards, a second suite could be created by altering or adding to an existing house or created in a new house upon first occupancy. Changes to the exterior of the house to accommodate a second suite will be permitted across the City although past experience has shown that most homeowners opt to create an interior vestibule to allow for a separate doorway to the second suite.

Monitoring and evaluation have been identified as key elements of the implementation of the proposed policy on second suites. This component will help to identify any emerging issues and the need to respond with any necessary changes to the City's various planning documents. It is recommended that a status report be prepared on this matter within two years after the new zoning regulations take effect.

The proposals outlined in this report will advance the implementation of the affordable housing action plan developed by the Mayor's Homelessness Action Task Force, which has been endorsed by City Council. The proposals also respond to Council's direction that this plan be implemented in a timely manner.

Contact:

Ross Paterson Matt Rea

Principal Planner Planner

(392-7863) (392-8124)

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Appendix A:

Existing and Proposed Official Plan and Zoning Provisions Regarding Second Suites

Metro Official Plan:

Policy No. 123 states that the Area Municipal official plans and zoning by-laws shall provide for permitting "apartments in houses" in residential neighbourhoods and Area Municipalities may establish conditions governing standards for apartments in houses, provided that the conditions governing alteration of the dwelling are not more onerous than would apply were the building to remain in single household occupancy, and the parking standards provide some measure of flexibility.

Draft OPA No. 4 changes "apartments in houses" to second suites, indicates that second suites shall be permitted in single- and semi-detached houses and defines "second suite" in the Glossary of Terms. The amendment does not preclude second suites in row housing/townhouses as permitted in the planning documents of former municipalities of East York, Toronto and York. The Area Municipal official plans and zoning by-laws establish similar city-wide standards and eliminate onerous requirements.

East York:

Policy 2.5.22 of the East York Official Plan states that accessory apartments may be permitted in Low Density Areas and apartments in houses shall be permitted in detached, semi-detached and row houses in residential areas provided they maintain one parking space per unit., and that other requirements, as may be detailed in the zoning by-law. The policies provide that the zoning by-law may contain provisions to restrict exterior modifications.

Draft OPA No. 17 to the East York Official Plan deletes: the definitions of "Accessory Apartment" and "Apartment in Houses" and inserts a new definition of "Second Suites"; the policy that permits zoning prohibitions of exterior alterations and the requirement of one parking space per unit as this is a matter that is more appropriately addressed in the zoning by-law.

The zoning by-laws for former Township of East York (By-law No. 6752) and Town of Leaside (By-law No. 1916) permit , subject to conditions, accessory apartments in any one-family detached or semi-detached dwelling, and permit one of the required parking spaces to be tandem parking space which may be located in front of the main wall of the dwelling.

The zoning amendment to By-law No. 1916 changes the term "Accessory Apartments" to "Second Suites", deletes Section 5.20 which prohibits habitable rooms in basements and deletes 5.33 which prohibits second doorways.

The zoning amendment to By-law No.6752 changes the term "Accessory Apartments" to "second Suites", deletes Section 5.24 (a technical correction) and deletes Section 5.25 which prohibits second doorways.

Etobicoke:

The Official Plan's definition of "accessory apartment" is an additional, self-contained, supplementary dwelling unit added to an existing single- or semi-detached dwelling, duplex or other grade related dwelling, by the conversion of the existing space within the dwelling. The Plan provides that an accessory apartment shall be permitted provided the unit is registered with the municipality, there is adequate on-site parking, the exterior appearance of the dwelling is unaltered and no overcrowding of the dwelling is created.

Draft OPA No.71-99 deletes the definition of "accessory apartment", permission for an accessory apartment in a duplex, the requirement that the unit be registered, the restrictions on altering the exterior of the dwelling and the condition that no overcrowding is created. A new definition of "Second Suite" is added and a policy that allows one additional housing unit in the form of a Second Suite within single-detached and semi-detached dwellings, provided there is adequate on-site parking.

The Zoning Code provisions regulating Etobicoke's three Lakeshore communities have varying standards with respect to the conversion of buildings into multiple-unit dwellings. Depending on the zone, the regulations for the conversion of dwellings in New Toronto and Long Branch deal, in varying degrees, with such matters as: the age and height of the dwelling, minimum lot frontage, depth and area, unit size and portion of the dwelling below grade, floor space index, minimum landscaped open space, and parking requirements. In Mimico and New Toronto, no portion of a cellar may be used as a dwelling unit or a habitable room respectively.

The proposed zoning amendment deletes certain provisions respecting converted dwellings, the use of a cellar for a habitable room and adds a definition and Supplementary Regulations that permit Second Suites in single-detached or semi-detached dwellings. The Supplementary Regulations exempt the below grade floor area of a Second Suite from the calculation of Gross Floor Area and requires one on-site parking space be provided for the Second Suite. The parking for the Second Suite may be located at-grade, in front of the required parking space for the dwelling.

North York:

The North York Official Plan currently has no policies regarding second suites. The policies regarding Range of Housing Forms in Part C.4, Section 2.4.2 of the Plan had been drafted to include a section on "accessory apartments", but this section had been deferred by North York Council when it adopted overall Housing policies by way of OPA No. 377 on May 25, 1994.

Draft OPA No. 476 attached to this report re-establishes Part C.4, Section 2.4.2(1), using revised wording consistent with the now-proposed approach to Second Suites. This will enable a second suite, which is described in a similar manner as definitions proposed for the other official plans, to be permitted in detached and semi-detached units, and will clarify that second suites are not to be included when calculating densities in respective residential designations. Corresponding statements are inserted into the Specific Residential Land Use Policies for the Residential Density One (RD-1) Land Use District in Part C.4, Section 3.3.

The North York zoning by-law does not currently permit second suites in its One-family Detached Dwelling Zones, nor in the standard zone for semi-detached dwellings (RM2). There are limited permissions in Apartment Zones (RM3+) and commercial zones. The by-law's current parking provisions were established during the time Bill 120 was in effect, and consequently, the parking regulations for detached and semi-detached units do cite a minimum number of parking spaces (2 spaces with or without a second residence) and allow the spaces to be tandem and to be located in the front yard, subject to front yard hard surfacing restrictions, in a manner that is consistent with the 1994 legislation.

The proposed zoning amendment introduces a definition for second suites, and inserts provisions in Section 6(2) of the bylaw (General Provisions for All Zones - Special Uses Permitted). This new subsection will explicitly permit one second suite in any detached or semi-detached dwelling unit, and will provide that: a second suite will be a part of a dwelling unit for all relevant regulations, unless a regulation specifically states otherwise; a second suite is to be divided horizontally from the main dwelling, except where it occupies only a part of a storey or cellar; a second suite may have a private external entrance or may be entered from a common area within the main dwelling; and a second suite cannot be located in an accessory building. The amendment also includes a corresponding statement in the general provisions for accessory buildings to reaffirm the latter point; and there are technical revisions to the parking regulations, to change the term "second dwelling unit" to "second suite".

Scarborough:

The Official Plan currently does not provide for second suites.

Draft OPA No. 1028 adds a new Section 3.1.8 which allows a second suite in single- and semi-detached dwellings and excludes second suites from density calculations. New definitions of "Dwelling" and "Second Suite" are added that permit a second suites in detached and semi-detached dwellings.

The zoning regulations in Scarborough do not permit basement apartments in single-family areas.

The zoning amendment adds a definition of "second suite" and adds "second suite" as a permitted use in the definitions of "Dwelling Unit or Dwelling" and "Single-Family Dwelling". The zoning introduces a parking requirement of one parking space per second unit and provides that the parking space may be located in the street yard, only in tandem on the driveway leading to the required parking space for the dwelling unit.

Former Toronto:

Section 6.15 of the Toronto Official Plan states that it is the policy of Council to promote the provision of new residential units by administering and participating in programs intended to encourage creation of "accessory apartments". The term "accessory apartments" means self contained apartments created through converting part of, or adding on to, existing homes (single-detached, semi-detached, duplexes, triplexes, row houses, etc.).

No amendments are required or proposed to the official plan.

The zoning by-law permits, subject to conditions such as age of the building, accessory apartments in single-detached, semi-detached, row housing, duplexes and triplexes in most areas of the former City of Toronto except for Swansea, Forest Hill and parts of North Toronto. Parking requirements are one space for the first dwelling unit where parking existed before the addition of the second suite, plus one space for each unit in excess of the first two dwelling units.

The zoning amendment deletes the restrictions on second suites in Swansea, Forest Hill and parts of North Toronto, exempts below grade space from the residential gross floor area calculation where it is used for a dwelling or a portion of a dwelling unit and exempts converted houses that have two units from complying with controls on exterior alterations, size requirements and requirements that the building to be converted must be of a certain age.

York:

The Official Plan states that permitted uses in Low Density Residential Areas may include converted dwellings, including one apartment in a house in addition to the original dwelling unit in a single-detached, semi-detached or townhouse dwelling.

Draft OPA No. 155 deletes the term "apartments-in-houses" and replaces it with "second suites". The Plan's other policies, 9.12c) and 9.13d) are deleted and 9.12c) is replace to permit one second suite in addition to the original dwelling unit in a single-detached, semi-detached or townhouse dwelling.

The York zoning by-law permits, subject to conditions, apartments in houses in single- and semi-detached houses in R1, R2. R3 and RM1 zones. One parking space per unit is required and tandem and front yard parking (provided it meets the front yard parking requirements) are allowed.

The zoning amendment includes the following:

- changes the term apartment-in-house to second suite;

- provides an exemption from the GFA calculation for second suites located in basements and cellars;

- deletes the regulations prohibiting exterior alterations to the front facade or flankage facade facing a public road;

- deletes the regulations prohibiting a second suite where there is no sewer system, where a dwelling house is accessory to another dwelling house on the same lot, where the dwelling house has internal access from it to another dwelling house or through an internal corridor;

- deletes minimum floor area requirements; and

- deletes regulations regarding minimum room heights, height of egress, glazed area, and ventilation for second suites and the use of any cellar area as a habitable room or second suite.

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Appendix B:

Draft Official Plan Amendments

Authority: Planning and Transportation Committee, Clause Number ~ of Report Number ~, as approved on July 12, 1999.

Intended for first presentation to Council: July 27, 28 & 29, 1999

Adopted by Council:

City of Toronto

Bill No.

By-law No.

To adopt Amendment No. 4 of the Official Plan for the

former Municipality of Metropolitan Toronto

To adopt Amendment No. 1028 of the Official Plan for the

former City of Scarborough

To adopt Amendment No. 476 of the Official Plan for the

former City of North York

To adopt Amendment No. 71-99 of the Official Plan for the

former City of Etobicoke

To adopt Amendment No. 17 of the Official Plan for the

former Borough of East York

and

To adopt Amendment No. 155 of the Official Plan for the

former City of York

Whereas authority is given to Council by the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto hereby enacts as follows:

1. Amendment No. 4 of the Official Plan of the (former) Municipality of Metropolitan Toronto, consisting of the attached text, is hereby adopted.

2. Amendment No. 17 of the Official Plan of the (former) Borough of East York, consisting of the attached text, is hereby adopted.

3. Amendment No. 71-99 of the Official Plan of the (former) City of Etobicoke, consisting of the attached text, is hereby adopted

4. Amendment No. 476 of the Official Plan of the (former) City of North York, consisting of the attached text, is hereby adopted

5. Amendment No. 1028 of the Official Plan of the (former) City of Scarborough, consisting of the attached text, is hereby adopted.

6. Amendment No. 155 of the Official Plan of the (former) City of York, consisting of the attached text, is hereby adopted

Enacted and Passed this ~ day of ~~ , A.D. 1999

Mayor City Clerk

(Corporate Seal)

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Amendments To Official Plans

of the

Former Municipalities Comprising the City of Toronto

Second Suites Within Single-detached

and Semi-detached

(Single-family

and Two-family) Dwelling Units

The following text constitutes Amendments to the Official Plans of the former municipalities of East York, Etobicoke, North York, Scarborough and York which along with the former municipality of Toronto now comprise the City of Toronto. The sections headed "Purpose", "Location" and "Basis" are explanatory only, and shall not constitute part of this amendment.

Purpose:

This amendment provides for Second Suites within Single-detached and Semi-detached (Single-family and Semi-Detached/Two-family) dwelling units, and will enable the introduction of such suites into those dwelling units without affecting permitted residential densities or requiring further Official Plan amendment.

Location:

This amendment applies across the planning areas of the former municipalities which now comprise the City of Toronto.

Basis:

Recognizing and providing for second suites within Single-detached and Semi-detached (Single-family and Semi-Detached/Two-family) dwelling units will facilitate the creation of new rental housing accommodation to enhance the City's housing stock, particularly for affordable housing and will facilitate the City's ability to apply and enforce appropriate building and safety standards to the units being created.

Official Plan Amendment:

A. Amendment No. 4 to the Official Plan of the (Former) Municipality of Metropolitan Toronto:

The Official Plan of the (former) Municipality of Metropolitan Toronto is amended by:

i) deleting a) in policy 123 and inserting in its place the following new policy:

a) permitting second suites in single-detached and semi-detached houses.

ii) adding the following definition under the Glossary of Terms:

second suite

second suite means an additional separate, self-contained residential unit which contains at least one room, a kitchen and sanitary conveniences for the exclusive use of its occupant(s).

iii) deleting the definition of apartments in houses under the Glossary of Terms

B. Amendment No. 17 to the Official Plan of the (Former) Borough of East York

The Official Plan of the (former) Borough of East York is amended by:

i) deleting Section 2.5.22 in its entirety, and replacing it with a new Section 2.5.22, as follows:

"2.5.22 Second Suites shall be permitted in detached, semi-detached and row houses in residential areas. The zoning by-law may contain parking regulations for Second Suites".

ii) deleting the words "accessory apartments" from Section 3.3.5 and replacing them with the words "Second Suites".

iii) deleting the definitions of "Accessory Apartment" and "Apartments in Houses" in Section 4.21, and by adding a new definition of "Second Suites", immediately following the definition of "Regulatory Flood Plain" as follows:

"Second Suite - a self-contained apartment located within a dwelling and designed for occupancy by a separate household. Where the terms "accessory apartment" and "apartments in houses" are used in this Plan, they shall be deemed to have the same meaning as Second Suites."

C. Amendment No. 71-99 to the Official Plan of the (Former) City of Etobicoke

The Official Plan of the (former) City of Etobicoke is amended by:

i) deleting Section 4.2.15 in its entirety and replaced with the following:

"4.2.15 One additional housing unit in the form of a Second Suite shall be permitted by the Zoning Code within single-detached and semi-detached dwellings, provided there is adequate on-site parking."

ii) deleting Section 11.5.1.g, in its entirety.

iii) deleting, the definition of Accessory Apartment contained Section 12.2.1 and replacing it with the following definition of a Second Suite:

"Second Suite is a lawful, second dwelling unit located within a single-detached or semi-detached dwelling."

D. Amendment No. 476 to the Official Plan of the (Former) City of North York

The Official Plan of the (former) City of North York is amended by:

i) inserting in Part C.4 - Housing, the following text as the new Clause 1 in Section 2.4.2 - Range of Housing Forms:

"1) Second Suites

One second suite, in the form of a self-contained space or enclosure within a dwelling designed for habitation by a separate family or household, shall be permitted within single-detached dwellings and within each dwelling unit in semi-detached dwellings. In calculating densities within the residential designations, including those expressed in Part C.9 - Specific Development Policies - and in Part D Secondary Plans, these second suites will not be considered as dwelling units for the purposes of density calculations.

ii) by inserting in Part C.4 - Housing, a new cross-reference to Section 2.4.2(1) at Clause 2 under the sub-heading "Permitted Uses:" in Section 3.3 - Residential Density One (RD-1) - and renumbering the cross-reference in the current Clause 2 accordingly, so that the following Clauses 2 and 3 are after Clause 1:

"2) Second Suites in accordance with Part C.4, Section 2.4.2(1).

3) Group Homes and Group Foster Homes in accordance with Part C.4, Section 2.4.2(4)."

iii) by adding in Part C.4 - Housing, the following sentence at the end of the first paragraph under the sub-heading "Density:" in Section 3.3 - Residential Density One (RD-1):

"Second suites within single-detached dwellings and second suites within semi-detached dwellings will not be considered as dwelling units for the purposes of density calculations."

E. Amendment No. 1028 to the Official Plan of the (Former) City of Scarborough:

The Official Plan of the (former) City of Scarborough is amended by:

i) adding the following to Section 3.1 - Residential Designations, as Policy 3.1.8:

3.1.8 Within each of the Residential designations which permit single-detached and semi-detached dwellings, one second suite will be permitted in each of these dwelling unit types. In calculating residential densities expressed in this Plan, including those expressed in individual Secondary Plans, second suites will not be considered as units for the purposes of density calculations. In this regard, Section 5 - Implementation and Interpretation, prevailing Section 3 - Land Use Designations shall not apply.

ii) adding the following to Section 5. Implementation, Policy 5.1:

...Notwithstanding the foregoing, Section 3- Land Use Designations, Policy 3.1.8, shall prevail for residential densities expressed in individual Secondary Plans.

iii) adding the following to Section 5. Implementation, Policy 5.5.3, Glossary of Terms definition of Dwelling:

...and within a detached dwelling and semi-detached dwellings, may include a second suite.

iv) adding the following definition to Section 5. Implementation, Policy 5.5.3, Glossary of Terms:

Second Suite - shall mean a self-contained space or enclosure within a dwelling designed for habitation by a separate family or household.

F. Amendment No. 155 to the Official Plan of the (Former) City of York

The Official Plan of the (former) City of York is amended by:

i) deleting the term "apartments-in-houses" in Policy 4.25a) and replacing it with "second suites")

ii) deleting Policy 9.12c) and replacing it with:

9.12c) one second suite in addition to the original dwelling unit in a detached house, semi-detached or townhouse dwelling only.

iii) deleting Policy 9.13d)

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Appendix C:

Draft Zoning By-law Amendments

Authority: Planning and Transportation Committee Report No. ___ Clause No. ____ , as adopted by Council on July 27, 28 and 29, 1999

Enacted by Council: July 27, 1999

City of Toronto

Bill No.By-law No. _______

To amend City of North York By-law No. 7625

Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto Hereby enacts as follows:

1. Section 2 of By-law No. 7625 is amended by adding the following new definition:

"2.72.7 Second Suite means a self-contained space or enclosure within a dwelling unit designed for habitation by a separate family or household, and which shall contain at least one room, a kitchen and sanitary conveniences designated for the exclusive use of its occupants."

2. Section 6(2) of By-law No. 7625 is amended by adding the following new subsection:

"(l) Second Suites

One Second Suite shall be permitted in any One-Family Detached Dwelling or Single Family Dwelling, and one second suite shall be permitted in any Semi-Detached Dwelling Unit, in accordance with the following provisions:

(i) for the purposes of all zone regulations, unless the contrary intention is indicated, a second suite is part of the dwelling unit it is located in;

(ii) a second suite shall be divided horizontally, only, from the rest of the dwelling unit it is located in except as provided in (iii);

(iii) a second suite may occupy the whole or part of a storey or cellar;

(iv) a second suite may have a private entrance from outside or from a common hallway or stairway inside the dwelling unit it is located in; and

(v) a second suite shall not be located in an accessory building."

3. Section 6(23)(b) of By-law No. 7625 is amended by adding the following phrase at the end of the section, after the words "as if they were one building" and before the period:

", except that a second suite shall not be located in the accessory building".

4. Section 6A(2) of By-law No. 7625 is amended in the minimum parking requirement "(b)" for the use "one-family detached dwelling" by changing the words "second dwelling unit" to "second suite", so that the requirement reads as follows:

"one-family detached dwelling (a) 2 spaces per dwelling unit;

(b) for a one-family detached dwelling with a second suite where permitted, a total of 2 spaces."

5. Section 6A(2) of By-law No. 7625 is amended in the minimum parking requirement "(b)" for the use "semi-detached dwelling" by changing the words "second dwelling unit" to "second suite", so that the requirement reads as follows:

"semi-detached dwelling (a) 2 spaces per dwelling unit;

(b) for a semi-detached dwelling with a second suite where permitted, a total of 2 spaces."

Enacted and Passed this _____ day of __________, A.D. 1999.

Mel Lastman, Novina Wong,

Mayor City Clerk

(Corporate Seal)

--------

By-law No. ___-1999

To amend the General Zoning By-law No. 438-86, with respect to the

permission for a second dwelling unit in a detached or semi-detached house

throughout the entire boundaries of the former City of Toronto

The Council of the City of Toronto hereby enacts, as follows:

1. By-law 438-86, being "A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to building and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto" , as amended, is further amended by:

(1) amending the definition of " residential gross floor area" in section 2(1), by:

(i) deleting the word "and" at the end of clause (v) in paragraph (ii);

(ii) inserting the word "and" at the end of clause (vi) in paragraph (ii); and

(iii) inserting a new clause (vii) in paragraph (ii) as follows:

"(vii) a part of the building or structure that is used for a dwelling unit or a portion of a dwelling unit in a converted house containing not more than two dwelling units, provided the floor level is at least 0.9 metres below grade;";

(2) amending section 6(1)(f)(a)(i) as follows:

(i) by inserting the letter and number "q1" under the columns titled R1 and R1S, opposite the expression "converted house"; and

(ii) by deleting the word "two" where it appears following the expression " dwelling units" and inserting in lieu thereof, the word " three" ;

(3) amending qualification 1 in section 6(2)(1) by inserting a new subparagraph (i) as follows:

"in the case of a converted house in an R1 or R1S district, originally constructed as a detached house or a semi-detached house, the maximum number of dwelling units permitted is two and none of the provisions set out in subparagraphs (ii) to (vi) inclusive shall apply;";

(4) amending section 6(2)3 by deleting the words " two or more" and inserting in lieu thereof, the words "more than two";

(5) amending section 12(1)68(c) by deleting the word "two" and inserting in lieu thereof, the word "three":

(6) amending section 12(1)230 by deleting the word "two" and inserting in lieu thereof, the word "three";

(7) by amending section 12(1)242 by deleting the word "two" in subparagraph (ii) and inserting in lieu thereof, the word "three"; and

(8) by amending section 12(1)332 by deleting the word " two" and inserting in lieu thereof, the word " three" .

Enacted and Passed this ____ day of ______, A.D. 1999.

Mel Lastman, Novina Wong,

Mayor City Clerk

(Corporate Seal)

--------

By-law No.

Being a By-law to amend the:

Agincourt Community, By-law Number 10076;

Agincourt North Community, By-law Number 12797;

Bendale Community, By-law Number 9350;

Birchmount Community, By-law Number 9174;

Cenntenial Community, By-law Number 12077;

Cliffcrest Community, By-law Number 9396;

Cliffside Community, By-law Number 9364;

Dorset Park Community, By-law Number 9508;

Eglinton Community, By-law Number 10048;

Guildwood Community, By-law Number 9676;

Highland Creek Community, By-law Number 10827;

(recite all individual Community Zoning By-laws)

The Council of the City of Toronto hereby enacts as follows:

1.1 adding the following definition:

Second Suite

shall mean a separate, self-contained residential accommodation located in a detached single-family dwelling and a semi-detached/two family dwelling, and which shall contain at least one room, a kitchen and sanitary conveniences designated for the exclusive use of its occupant(s).

1.2 deleting "The floor of any dwelling unit shall not be more than 0.8 m below the finished grade level of the building abutting the dwelling unit." from the definition of a Dwelling Unit or Dwelling and adding thereto "5. may include a second suite".

1.3 adding "may include a second suite," after the words "motor vehicles," in the definition of a Single-family Dwelling.

2. Section 1.1, Table of Required Parking Rates of Clause VII General Parking Regulations For All Zones in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchmount Community, By-law Number 9174; Cenntenial Community, By-law Number 12077; Clairlea Community, By-law Number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; (other by-laws if numbering is right) is amended by adding "Second Suites" under heading Use, and "1 space per second suite" under heading Minimum Rate of Parking Space Supply Required.

3. Sub-Section 2.2.1, Street Yard Exceptions Of Clause VII - General Parking Regulations For All Zones in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchmount Community, By-law Number 9174; Cenntenial Community, By-law Number 12077; Clairlea Community, By-law Number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; (other by-laws if numbering is right) is amended by adding the following Sub-Section:

2.2.1.3 Notwithstanding paragraphs 2.1.1 and 2.2.1.1, the parking space required for a second suite may be located in a street yard, only in tandem on the driveway leading to the parking space required for a dwelling unit.

Enacted and Passed this ____ day of ______, A.D. 1999.

Mel Lastman, Novina Wong,

Mayor City Clerk

(Corporate Seal)

--------

By-law No.

To Amend Chapters 304, 330, 340 and 350 of the Etobicoke Zoning Code with respect to the introduction of Second Suites.

The Council of the City of Toronto hereby enacts as follows:

1. That Section 304-3 of the Etobicoke Zoning Code is hereby amended by adding the following definition of a Second Suite:

"Second Suite is a lawful, second dwelling unit located within a single-detached or semi-detached dwelling."

2. That Chapter 304, Article IV Supplementary Regulations of the Etobicoke Zoning Code is hereby amended by adding the following subsection:

Supplementary Regulations for Second Suites

A Second Suite shall be permitted as a secondary use within all single-detached and semi-detached dwellings subject to the following provisions:

A. Any additions or expansions in relation to the introduction of a Second Suite must comply with the Zoning requirements specified for single-detached or semi-detached dwellings.

B. The below-grade portion of the floor area attributed to the Second Suite, shall not be included in the calculation of Gross Floor Area for the single-detached or semi-detached dwelling in which it is located.

C. One on-site parking space shall be provided for the Second Suite. Parking for the Second Suite may be located at-grade, in front of the required parking space for the dwelling, at a length of not less than 6.0 m.

3. That Section 330-8 of the Etobicoke Zoning Code is hereby deleted.

4. That Section 340-14 of the Etobicoke Zoning Code is hereby deleted.

5. That Section 350-19 of the Etobicoke Zoning Code is hereby deleted.

Enacted and Passed this ____ day of ______, A.D. 1999.

Mel Lastman, Novina Wong,

Mayor City Clerk

(Corporate Seal)

--------

A By-law

No. ---------

The Council of the Corporation of the City of Toronto

Enacts as Follows:

Section 2 Definitions

That any reference in the former City of York General Zoning By-law Number 1-83, as amended, to "Apartment-in-house" be and is hereby amended to read "Second Suite".

Section 3 General Provisions

That Section 3 of the former City of York General Zoning By-law Number 1-83, as amended, be and it is hereby further amended as follows:

(1) By deleting therefrom Subsection 3.4.1 and replacing it with:

3.4.1 Second Suites

Notwithstanding Subsection 2(35.a.1) and 2(91.1) one second suite is permitted in a detached or semi-detached house provided that the following regulations are complied with:

(1) Notwithstanding Subsection 2(56) in the case of a detached or semi-detached dwelling house gross floor area shall exclude space used for second suites in a basement or cellar.

(2) (i) Notwithstanding Subsection 2(73) a parking space for a second suite may be located partially or entirely in front of or behind another parking space, or on a driveway providing access to a parking space. If a boulevard licence is issued for one such space, it may be located partially on the boulevard abutting the driveway.

(ii) Where a parking space required for a second suite cannot be provided under sub-paragraph 3.4.1(a)(2)(i) above, the parking space may be provided for the second suite as a front yard parking space which is not wholly on the lot, provided the parking space meets the front yard parking regulations in Section 4 of the By-law.

(2) By deleting therefrom Subparagraphs 3.4.6 (a) to (f) inclusive and (h), and renumbering (g) as (a).

Enacted and Passed this ____ day of ______, A.D. 1999.

Mel Lastman, Novina Wong,

Mayor City Clerk

(Corporate Seal)

--------

By-law No.

To amend Restricted Area Zoning By-law No. 1916,

as amended, of the former Town of Leaside

The Council of the City of Toronto hereby enacts as follows:

1. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 6.1.2 and replacing it with the title "Second Suites".

2. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Tandem Parking - Accessory Apartments" from Section 5.32 and replacing it with the title "Tandem Parking - Second Suites".

3. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.20 in its entirety.

4. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.33 in its entirety.

Enacted and Passed this ____ day of ______, A.D. 1999.

Mel Lastman, Novina Wong,

Mayor City Clerk

(Corporate Seal)

--------

By-law No.

To amend Restricted Area Zoning By-law No. 6752,

as amended, of the former Township of East York

The Council of the City of Toronto hereby enacts as follows:

1. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 7.1.3 and replacing it with the title "Second Suites".

2. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Tandem Parking - Accessory Apartments" from Section 5.24 and replacing it with the title "Tandem Parking - Second Suites".

3. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the words "Section 6.1.2" from Section 5.24 and inserting the words "Section 7.1.3" in their place."

4. Zoning By-law No. 6752, as amended, is hereby further amended by deleting Section 5.25 in its entirety.

Enacted and Passed this day of , A.D. 1999.

Mayor City Clerk

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The Planning and Transportation Committee submits the following report (June 24, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To report on further amendments to zoning by-laws to permit second suites as-of-right in all single- and semi-detached houses throughout the City.

Funding Sources, Financial Implications and Impact Statement:

There are no additional funding or financial implications stemming from this report.

Recommendations:

It is recommended that:

(1) Appendix C in the report dated June 14, 1999, regarding "Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right" be replaced with Appendix C (revised) attached to this report;

(2) the reference to "Appendix C" in Recommendation No. (2) in the June 14, 1999 report be replaced with "Appendix C (revised)"; and

(3) the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including making any minor technical, stylistic or format changes to the amendments in Appendix B and Appendix C (as revised by this report) in the June 14, 1999 report respecting second suites, and preparing and introducing any necessary bills.

Background:

My June 14, 1999 report to the Planning and Transportation Committee entitled "Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right" included draft zoning amendments (Appendix C) and noted that staff were in the process of reviewing the City's zoning by-laws in detail to determine if further zoning amendments would be required. In anticipation of possible further revisions, the report included the following recommendation:

"Council enact the proposed zoning by-law amendments in Appendix C subject to any modifications recommended by the Commissioner of Urban Planning and Development Services and/or arising from the public meeting of the Planning and Transportation Committee to be held on July 12, 1999."

Discussion:

The review of the City's zoning by-laws has been completed. Amendments to thirty five (35) Scarborough zoning by-laws were required to effect the changes directed by Council. At the time of the writing of the June 14 report, staff had identified the necessary changes to eleven (11) of the Scarborough community zoning by-laws. The additional Scarborough by-laws that must be amended are incorporated in the revised Appendix C (see attached) which should replace Appendix C in the June 14 report.

Several minor technical changes have also been made to the proposed amendments to the former City of Toronto and City of North York zoning by-laws. No further changes are proposed to the East York, Etobicoke and York zoning bylaws.

The format of the draft Bill and Zoning By-law Amendments has been modified to facilitate the enactment of only one by-law rather than six by-laws as presented in the June 14 report.

Conclusion:

It is recommended that Appendix C in my June 14 report be replaced with Appendix C (revised) attached to this report and Council enact the proposed zoning amendments in Appendix C (revised).

Contact:

Ross Paterson Matt Rea

Principal Planner Planner

(392-7863) (392-8124)

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Appendix C (Revised)

Draft Zoning By-law Amendments

Authority: Planning and Transportation Committee Report No.__ Clause No.__,

as adopted by Council on July 27, 28 and 29, 1999.

Enacted by Council:

City of Toronto

Bill No.

By-law No.

To amend former Borough of East York Restricted Area Zoning By-law No. 1916 (former Town of Leaside) and Restricted Area Zoning By-law No. 6752 (former Township of East York);

To amend former City of Etobicoke Zoning Code Chapters 304, 330, 340 and 350;

To amend former City of North York By-law No. 7625;

To amend former City of Toronto General Zoning By-law No. 438-86;

To amend former City of Scarborough:

Agincourt Community, By-law Number 10076;

Agincourt North Community, By-law Number 12797;

Bendale Community, By-law Number 9350;

Birchcliff Community, By-law Number 8786;

Birchmount Community, By-law Number 9174;

Centennial Community, By-law Number 12077;

Clairlea Community, By-law Number 8978;

Cliffcrest Community, By-law Number 9396;

Cliffside Community, By-law Number 9364;

Dorset Park Community, By-law Number 9508;

Eglinton Community, By-law Number 10048;

Guildwood Community, By-law Number 9676;

Highland Creek Community, By-law Number 10827;

Ionview Community, By-law Number 9089;

Kennedy Park Community, By-law Number 9276;

L'Amoreaux Community, By-law Number 12466;

Malvern Community, By-law Number 14402;

Malvern West Community, By-law Number 12181;

Maryvale Community, By-law Number 9366;

Milliken Community, By-law Number 17677;

Morningside Community, By-law Number 11883;

Oakridge Community, By-law Number 9812;

Rouge Community, By-law Number 15907;

Scarborough Village Community, By-law Number 10010;

Steeles Community, By-law Number 16762;

Sullivan Community, By-law Number 10717;

Tam O'Shanter Community, By-law Number 12360;

West Hill Community, By-law Number 10327;

Wexford Community, By-law Number 9511;

Woburn Community, By-law Number 9510; and

Employment Districts, By-law Number 24982; and

City of Scarborough By-law Number 5952; and

Township of Pickering, By-law Number 1978; and

Agricultural Holding By-law Number 10217; and

Township of Pickering By-law Number 3036; and

To amend former City of York General Zoning By-law Number 1-83.

The Council of the City of Toronto hereby enacts as follows:

A. Amendments to former Borough of East York Restricted Area Zoning By-law No. 1916 (former Town of Leaside)

1. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 6.1.2 and replacing it with the title "Second Suites".

3. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.20 in its entirety.

4. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.33 in its entirety.

B. Amendments to former Borough of East York Restricted Area Zoning By-law No. 6752 (former Township of East York)

1. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 7.1.3 and replacing it with the title "Second Suites".

3. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the words "Section 6.1.2" from Section 5.24 and inserting the words "Section 7.1.3" in their place."

4. Zoning By-law No. 6752, as amended, is hereby further amended by deleting Section 5.25 in its entirety.

C. Amendments to former City of Etobicoke Zoning Code Chapters 304, 330, 340 and 350

1. That Section 304-3 of the Etobicoke Zoning Code is hereby amended by adding the following definition of a Second Suite:

"Second Suite is a lawful, second dwelling unit located within a single-detached or semi-detached dwelling."

2. That Chapter 304, Article IV Supplementary Regulations of the Etobicoke Zoning Code is hereby amended by adding the following subsection:

Supplementary Regulations for Second Suites

A Second Suite shall be permitted as a secondary use within all single-detached and semi-detached dwellings subject to the following provisions:

A. Any additions or expansions in relation to the introduction of a Second Suite must comply with the Zoning requirements specified for single-detached or semi-detached dwellings.

1. That Section 330-8 of the Etobicoke Zoning Code is hereby deleted.

2. That Section 340-14 of the Etobicoke Zoning Code is hereby deleted.

3. That Section 350-19 of the Etobicoke Zoning Code is hereby deleted.

D. Amendments to City of North York By-law No. 7625