COUNCIL AGENDA

Date: Item: Director CAO

DISTRICT OF WEST VANCOUVER 750 17TH STREET, WEST VANCOUVER BC V7V 3T3

COUNCIL REPORT

Date: September 17, 2021 From: Jim Bailey, Director of Planning and Development Services Subject: Proposed Amendment to the Fees and Charges Bylaw to Extend the

Removal of Fees for Temporary Outdoor Patios and Extension of Dundarave Road Reallocation

File: 1610-20/5158-2021

RECOMMENDATION

THAT

1. In response to the ongoing COVID-19 pandemic, the opportunity forWest Vancouver businesses to create temporary patios (includingeating/drinking areas and outdoor retail space) under the District’stemporary outdoor business areas program be extended untilJune 1, 2022;

2. In connection with this program and any patios (including eating/drinkingareas and outdoor retail space) permitted thereunder:

a. to the extent that any temporary patio created under this programimpacts the applicant’s ability to comply with on-site parkingrequirements specified in the District of West Vancouver ZoningBylaw No. 4662, 2010, temporarily suspend enforcement of suchrequirements until the earlier of June 2, 2022 and the date on whichCouncil adopts a resolution to cancel such suspension; and

b. temporarily suspend enforcement of the requirement to obtaindevelopment or other permits in connection with temporary patios,other than a licence of occupation where the temporary patio will belocated on District property, until the earlier of June 2, 2022 and thedate on which Council adopts a resolution to cancel suchsuspension;

3. Proposed Fees and Charges Bylaw No. 5025, 2019, Amendment BylawNo. 5158, 2021 be read a first, second and third time;

4. Staff continue the temporary reallocation of road space on the northernside of the 2400 block of Marine Drive, with a modification to reduce thegeographic extent, as shown in Appendix B of this report; and

5. Staff report back before June 1, 2022, on a potential permanent approachto formalize the temporary outdoor business area program andreallocation of road space on the northern side of the 2400 block ofMarine Drive.

13.2.

October 18, 2021 13.2.

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1.0 Purpose

The purpose of this report is to make recommendations for an extension to the temporary patio (outdoor business area) program through June 1, 2022. This includes a proposed amendment to “Fees and Charges Bylaw No. 5025, 2019”, to extend the temporary removal of fees payable in connection with temporary outdoor business areas, and a modification and extension of the temporary Dundarave road reallocation of 2400 block Marine Drive.

2.0 Legislation/Bylaw/Policy

“Temporary Patio Delegation Bylaw No. 5083, 2020”, adopted June 8, 2020, provides for the delegation of approval authority for temporary outdoor business areas to staff.

The District of West Vancouver has established fees and charges for the provision of services and information, as authorized under s.194 of the Community Charter. These are specified in Schedules A to H of “Fees and Charges Bylaw No. 5025, 2019”. Under this bylaw, all fees payable in connection with temporary outdoor business areas are set at $0.00 for the temporary period expiring on October 31, 2021. An extension of this program to June 1, 2022 will require a further amendment to “Fees and Charges Bylaw No. 5025, 2019”, as recommended in this report.

3.0 Council Strategic Objective(s)/Official Community Plan

Official Community Plan (OCP)

The local economy is recognized as one of five key policy areas in the Official Community Plan (OCP).

Council Strategic Objective

Strategic Goal 2 is to “Create vital and vibrant commercial centres”, with Objective 2.1 to “Develop economic recovery plans, and continue to provide economic development support to local businesses”.

4.0 Financial Implications

The continuation of the temporary outdoor patio program is intended to facilitate local business compliance with any Provincial health orders, guidelines and requirements relating to the COVID-19 pandemic.

The extension of removal of fees for temporary patios and outdoor retail space (temporary outdoor business areas) does not constitute a loss of anticipated revenue to the District, as this is presently not a permitted use for which fees would be charged. Administration of the temporary patio program is undertaken by existing staff, with expedited review and processing.

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5.0 Background

5.1 Previous Decisions

Council, at its June 8, 2020 meeting passed a series of resolutions endorsing the creation of an outdoor patio program, including eating/drinking areas and outdoor retail space.

Council, at its June 22, 2020 meeting adopted an amendment to the Fees and Charges By-law to remove fees payable in connection to temporary outdoor patios (temporary outdoor business areas).

Council, at its September 14, 2020 meeting, passed a series of resolutions extending the temporary outdoor business area program for one year to October 31, 2021, and directing staff to prepare guidelines and procedures for “winterizing” temporary outdoor business areas during the colder and wetter months. At that same meeting, Council directed staff to temporarily reallocate road space on the northern side of the 2400 block of Marine Drive, by converting the existing parking lane to a temporary outdoor business area.

Council, at its April 26, 2021 meeting directed staff to continue the temporary reallocation of road space on the northern side of the 2400 block of Marine Drive until October 31, 2021, and to report back in Quarter 4 of 2021 with a review of the approach and recommendations on whether to continue with the reallocation.

6.0 Analysis

6.1 Discussion

The recommendations and proposed amendment to “Fees and Charges Bylaw No. 5025, 2019” allow for the extension of the temporary outdoor patio program and related temporary Dundarave road reallocation. This aligns with the recent BC Liquor and Cannabis Regulation Branch (LCRB) extension of all temporary expanded service area (TESA) authorizations until June 1, 2022. Extending this program would allow for a continued opportunity to support local businesses.

This will involve the continued suspension of:

the enforcement of on-site parking requirements;

the requirement to obtain development or other permits inconnection with temporary patios, other than a license ofoccupation where a patio will be located on District property; and

the waiving of any fees that would otherwise be required inconnection with the creation or expansion of such temporary patioareas.

Staff recommend that the Dundarave temporary road reallocation (northern side of the 2400 block, Marine Drive) be updated as shown in

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Appendix B of this report. This would reduce the extent of the road reallocation to match the western limit of “The Bakehouse” patio at 2453 Marine Drive, to provide space for local businesses operating temporary outdoor patios on this block.

Recognizing that permanent solutions may be different for Dundarave and the general program, staff are seeking direction to report back to Council before June 1, 2022 on the potential for a permanent, formalized approach. This would allow staff to monitor the success of this program, consider potentially evolving provincial regulations, continue to work with the local business community as they adjust to and through the pandemic, and identify any appropriate longer-term regulatory, administrative, infrastructural and design improvements for managing these spaces that Council could consider at that time.

6.2 Sustainability

Not applicable.

6.3 Public Engagement and Outreach

Information regarding the temporary outdoor patio program is included on the District webpage and will be updated as necessary. Pending Council’s direction, staff will engage with the business community as part of any opportunity for a potential permanent approach to outdoor patios.

6.4 Other Communication, Consultation, and Research

Not applicable.

7.0 Options

7.1 Recommended Option

To provide local businesses with the opportunity for an expanded footprint over a longer period of time, staff recommend that the opportunity for temporary outdoor business areas be extended for another seven months, to June 1, 2022. This will involve continued suspension of: the enforcement of on-site parking requirements; requirement to obtain development or other permits, aside from a license of occupation where a patio will be on District property; and, the waving of any fees that would otherwise be required.

Staff also recommend an extension to the Dundarave temporary road reallocation (northern side of the 2400 block, Marine Drive) with an update as shown in Appendix B of this report. This would reduce the extent of the road reallocation to match the western limit of “The Bakehouse” patio at 2453 Marine Drive.

Staff recommend reporting back before June 1 with a potential permanent approach to formalize the temporary outdoor business area program and reallocation of road space on the northern side of the 2400 block of Marine Drive.

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7.2 Considered Options

West Vancouver’s temporary outdoor business area program was established based on Council direction in June 2020. If Council chooses not to extend this temporary program for an additional seven months, the current provisions will expire after October 31, 2021, and no further actions are required. No other options have therefore been considered.

8.0 Conclusion

This report presents recommendations to extend the existing temporary outdoor patio (temporary outdoor business areas) program, including a proposed amendment to “Fees and Charges Bylaw No. 5025, 2019”, and a proposed modification and extension to the temporary Dundarave road reallocation of 2400 block Marine Drive.

If approved by Council, this will provide local businesses with the opportunity for an expanded footprint for a longer period of time, in alignment with the recent BC LCRB TESA extension to June 1, 2022. This work will also inform the consideration of outdoor patios as a place-making tool, and for creating more vibrancy in West Vancouver’s commercial areas.

Author:

Concurrence:

Jim Bailey, Director of Planning and Development Services

Jenn Moller, Director of Engineering and Transportation

Appendices:

A. Proposed Fees and Charges Bylaw No. 5025, 2019, Amendment BylawNo. 5158, 2021

B. Dundarave Temporary Road Reallocation Plan

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APPENDIX A

District of West Vancouver

Fees and Charges Bylaw Bylaw No. 5025, 2019,

Amendment Bylaw No. 5158, 2021

Effective Date:

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District of West Vancouver

Fees and Charges Bylaw No. 5025, 2019, Amendment Bylaw No. 5158, 2021

Table of Contents Part 1 Citation..................................................................................................... 2 Part 2 Severability .............................................................................................. 2 Part 3 Amendment ............................................................................................. 2

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District of West Vancouver

Fees and Charges Bylaw No. 5025, 2019, Amendment Bylaw No. 5158, 2021

A bylaw to amend the Fees and Charges Bylaw.

Previous amendments: Amendment bylaws 5095, 5119, 5125, and 5134. WHEREAS the Council of The Corporation of the District of West Vancouver deems it expedient to set fees payable in connection with temporary outdoor business areas in order to facilitate compliance with orders, guidelines and requirements relating to the COVID-19 epidemic; NOW THEREFORE, the Council of The Corporation of the District of West Vancouver enacts as follows:

Part 1 Citation

1.1 This bylaw may be cited as Fees and Charges Bylaw No. 5025, 2019, Amendment Bylaw No. 5158, 2021.

Part 2 Severability

2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.

Part 3 Amendment

3.1 The Fees and Charges Bylaw No. 5025, 2019 is hereby amended by replacing “Schedule H – Temporary Outdoor Business Areas” with the Schedule H attached hereto.

Schedules Schedule H – Temporary Outdoor Business Areas

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READ A FIRST TIME on READ A SECOND TIME on READ A THIRD TIME on ADOPTED by the Council on

Mayor

Corporate Officer

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Fees and Charges Bylaw No. 5025, 2019, Amendment Bylaw No. 5158, 2021 4

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SCHEDULE H - TEMPORARY OUTDOOR BUSINESS AREAS For the purposes of this Schedule H, "Temporary Outdoor Business Area" means an outdoor area used or proposed to be used temporarily by a business as a patio or outdoor retail space, where such use will facilitate such business’s compliance with social distancing requirements and other orders, requirements or guidelines issued by any governmental authority to address Covid-19. Temporary Outdoor Business Areas may be located on the parcel on which the business is located or on an adjacent parcel or road allowance. The following fees apply only during the period commencing on the date of adoption of Bylaw 5158, 2021 and expiring on June 1, 2022, after which all such fees will be as set out elsewhere in this bylaw. fee for development permit review and approval of exemption in connection with Temporary Outdoor Business Area

$0.00

fee for development permit: renovation or additional floor area in connection with Temporary Outdoor Business Area

$0.00

fee for amendment to an existing liquor licence for a Temporary Outdoor Business Area

$0.00

building permit fee for temporary structures comprising part of Temporary Outdoor Business Area, provided the same will be removed by October 31, 2021

$0.00

fee for permit to erect a sign or change an existing sign within a Temporary Outdoor Business Area

$0.00

licence fee or street occupancy permit fee for Temporary Outdoor Business Area located on District of West Vancouver land, including road allowances

$0.00

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AP

PE

ND

IX B

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