SECONDARY SUITE REQUIREMENTS

RECOMMENDATION:

THAT Council waives the requirement for the holding of a public hearing as the Zoning Bylaw amendment is consistent with the Official Community Plan;

AND THAT, after publication of notification in accordance with section 467 of the Local Government Act, first, second, and third reading of the Zoning Bylaw, Secondary Suites Permit Bylaw, Fees and Charges, and Municipal Ticket Information Bylaw amendments be considered by Council.

PURPOSE:

The purpose of this report is to provide Council with information, analysis and recommendations regarding proposed amendments to Zoning Bylaw 2014, No. 900 and Secondary Suites Permit Bylaw No. 601, 2005 that would delete the requirement that secondary suites are only permitted in owner-occupied buildings. In addition, this report introduces Zoning Bylaw, Secondary Suites Permit Bylaw, Fees and Charges, and Municipal Ticket Information Bylaw amendments that pertain to removing the requirement for Type 1 secondary suite permits and increasing the annual renewal fee for Type 2 secondary suite permits.

TIME CRITICAL:

In mid-November, staff mail out annual renewal notices to homeowners with Type 1 and Type 2 secondary suite permits to renew their permits. Should Council support the proposed bylaw amendments to the Secondary Suite Permit Bylaw, Fees and Charges Bylaw and Municipal Ticket Information Bylaw, then bylaw readings should occur in November to modify the notice mailout accordingly.

BACKGROUND:

Owner-Occupancy Requirement

In 2007, the Town took a significant step to increase housing choice through the adoption of an amendment to the Zoning Bylaw to allow secondary suites in owner-occupied homes in several residential zones. The following secondary suite regulations were adopted to control number, size, location, occupancy, servicing, and subdivision:

4.1. SECONDARY SUITES

4.1.1. Secondary suites are permitted as an accessory use within detached residential dwellings, provide the lot size is at least 600m2.

4.1.2. Secondary suites are not permitted within an accessory building or other structure.

4.1.3. Secondary suites are limited in floor area to 90m2 or 40% of the floor area of the building in which the suite is located, whichever is less. The floor area of a secondary suite is measured to the midpoint of any wall that separates the secondary suite from the other dwelling unit in the building.

4.1.4. Secondary suites are only permitted in owner-occupied buildings.

4.1.5. Where a lot is not serviced by the Town’s sanitary sewer system, written confirmation from the applicable licensing body that the capacity of the lot’s sewer system will not be compromised by the presence of a secondary suite is required.

4.1.6. A secondary suite is not subject to subdivision under the provisions of either the Land Title Act or the Strata Property Act.

4.1.7. The owner of every detached residential dwelling wishing to use the building for a permitted secondary suite use must obtain an annual secondary suite permit.

4.1.8. A secondary suite use is not permitted on a lot with a small daycare, a large daycare, or any facility licensed under the Community Care and Assisted Living Act.

4.1.9. Unless a Zone specifically provides for otherwise, only one secondary suite is permitted per lot.

Based on secondary suite permit and building permit data, the Town has approximately 446 registered secondary suites. Secondary suites are currently permitted on lots that are zoned for detached residential use and subject to the regulations specified above.

Secondary Suite Permit Program

At the Committee of the Whole meeting on October 10, 2023, the Committee recommended the following changes to Council:

• no longer require new and the renewal of Type 1 secondary suite permits
• double the renewal fee of Type 2 secondary suite permits from $100 to $200
• update the Fees and Charges Bylaw and the Municipal Ticket Information Bylaw, accordingly.

Staff have prepared the necessary bylaw amendments to adopt the above changes. The Committee of the Whole report dated September 29, 2023, is attached to this report.

DISCUSSION:

Official Community Plan

The 2011 OCP contains the following policies in support of secondary suites:

• Policy LU2.4 Continue to promote the inclusion of secondary suites as permitted by zoning.
• Policy HS1.1 Ensure the policies of this Plan and the regulations of the Zoning Bylaw support a range of housing, including detached homes, small lot subdivisions, apartments, townhouses, secondary suites and other typologies that meet the housing needs of current and future residents.
• Policy HS1.10 Promote “affordability through design” by encouraging housing forms that are less expensive to build and maintain such as small lot subdivisions, townhomes, multi-unit houses, stacked units, apartments, and secondary suites.

The proposed changes to the secondary suite regulations further advance the above policies in the OCP.

Owner-Occupancy Regulation

Over the years, section 4.1.4 of the Zoning Bylaw, which states “secondary suites are only permitted in owner-occupied buildings,” has generated some concern among staff regarding the enforcement of this zoning requirement given past court cases and legal opinions concerning zoning bylaws that regulate “user.” Under s.479 of the Local Government Act (LGA), it specifically states that a zoning bylaw regulates the use of land, buildings and other structures.

Furthermore, it becomes even more uncomfortable for staff to enforce eviction of tenants under this zoning provision with the understanding that it could potentially be challenged in the courts. There have been several occasions when property owners apply for a building permit and/or secondary suite permit (or permit renewals) to renovate/construct and/or rent their suite to find out that the principal dwelling must be owner-occupied to be issued permits. In these situations, landlords have no choice but to evict their tenants to be granted the necessary permits, which is even more difficult to deal with and explain to people in the current housing crisis.

Bylaw Complaints

Since 2019, there have only been seven secondary suite bylaw complaints regarding owner-occupancy, which is equivalent to two bylaw complaints a year. There are likely more secondary suites in non-owner, occupied single-family dwellings within View Royal, which the Town is not aware of due to a minimum number of bylaw complaints on this matter.

Secondary Suite Permits

In response to the Committee’s recommendation to Council regarding proposed changes to the secondary suite permit program, staff have prepared the necessary bylaw amendments (attached) for consideration of introductory bylaw readings.

Waiving the Public Hearing

Pursuant to section 464(2) of the Local Government Act, Council may choose to not hold a public hearing where zoning bylaw amendment is consistent with the OCP. However, a notice must be posted in the public notice place at Town Hall and published in a newspaper in accordance with s.94 of the Community Charter prior to first reading of the bylaw. The public will still have an opportunity to submit correspondence to Council to be published on the Council Agenda for Council’s consideration on the matter.

Should Council wish to hold a public hearing, an alternate motion has been provided at the end of this report. If Council chooses this option, then Council may consider giving first and second reading to the Zoning Bylaw amendments, Secondary Suites Permit Bylaw amendments, Fees and Charges Bylaw amendments, and Municipal Ticket Information Bylaw amendments at the Council meeting on October 17, 2023.

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

There are no sustainability and climate change impacts associated with the proposed changes to the Zoning Bylaw and Secondary Suite Bylaw.

FINANCIAL IMPLICATIONS:

There are no financial implications at this time.

ALTERNATIVES:

Option 1 (hold a public hearing)

THAT Council:

1. Give first and second reading to Zoning Bylaw Amendment Bylaw No. 1124, 2023;
2. Give first and second reading to Secondary Suites Permit Bylaw No. 601, 2005, Amendment Bylaw No. 1125, 2023;
3. Give first and second reading Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1126, 2023; and
4. Give first and second reading to the Fees and Charges Bylaw, No. 658, 2016, Amendment Bylaw No. 1127, 2023.

Option 2 (decline proposed changes)

THAT Council decline the proposed amendments to the Zoning Bylaw, Secondary Suites Permit Bylaw and Municipal Ticket Information Bylaw that would authorize the deletion of the requirement that secondary suites are only permitted in owner-occupied buildings, as outlined in the staff report dated October 11, 2023.

CONCLUSION:

Staff have concerns with section 4.1.4 of the Zoning Bylaw that requires a single-family dwelling to be owner-occupied to permit a secondary suite. Section 479 of the LGA specifically states that a zoning bylaw regulates the use of land, buildings and other structures. Furthermore, this zoning requirement presents challenges for staff with the knowledge that the Town’s owner-occupancy rule may be considered invalid when enforcing it. In addition, the 2011 OCP strongly encourages the inclusion of secondary suites. For these reasons, it is recommended for Council’s consideration to remove the owner-occupancy requirement from the Zoning Bylaw as well as references to it in the Secondary Suites Permit Bylaw and Municipal Ticket Information Bylaw.

ATTACHMENTS

Attachment A: Committee of the Whole Report dated September 29, 2023.