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Council Meeting/Documents/Attachment A: Secondary Suite Type 1 and Type 2 Permits (COMMITTEE OF THE WHOLE REPORT)
Appendix

Attachment A: Secondary Suite Type 1 and Type 2 Permits (COMMITTEE OF THE WHOLE REPORT)

October 17, 2023Pages 448–4563 sections

An analysis report from the Committee of the Whole detailing the definitions of Type 1 and Type 2 secondary suite permits and the rationale for fee changes.

2 APPROVAL OF AGENDA
September 29, 2023Type 1: Complies with B.C. Building CodeType 2: Issued before Sept 1, 2007, does not comply with BCBCEstimated 80 hours of staff time annually for permit managementProposal to eliminate Type 1 permits and double Type 2 renewal fees

TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole DATE: September 29, 2023 FROM: L. Taylor, RPP, MCIP, Director of Development Services MEETING DATE: October 10, 2023

Secondary Suite Type 1 and Type 2 Permits

RECOMMENDATION:

THAT the Committee recommend to Council:

i. Secondary Suites Permit Bylaw No. 601, 2005 is amended as follows:

a. Deleting section 2.1 in its entirety and replacing it with the following:

In this bylaw, a Type 2 Permit is a permit issued before September 1, 2007, for a secondary suite that does not comply with the B.C. Building Code.

b. Deleting section 3.1 in its entirety and renumbering the remaining sections and subsections sequentially.

c. Deleting section 4.1 in its entirety and renumbering the remaining sub-sections sequentially.

d. Deleting section 5.1 in its entirety and renumbering the remaining subsections sequentially.

e. Deleting section 6.1 in its entirety and replacing it with the following:

Every Type 2 secondary suite permit holder must post a copy of the permit at a conspicuous location in the suite.

ii. Fees and Charges Bylaw No. 958, 2016 is amended as follows:

a. Deleting the following row from the Development Services table:

Secondary Suite Permit - $150 As per Bylaw No. 601

b. Deleting the following row from the Development Services table:

Secondary Suite Permit renewal - $100 As per Bylaw No. 601

c. Adding the following row to the Development Services table:

Secondary Suite Type 2 Permit Renewal - $200 As per Bylaw No. XX

iii. Municipal Ticket Information Bylaw No. 643, 2007 is amended as follows:

a. Deleting the following item under Columns 1, 2, 3 and 4 of Schedule 2 in its entirety:

Column 1 Offence Column 2 Section Column 3 Amendment Bylaw No. Column 4 Fine
Failure to obtain annual Secondary Suite Permit 40.2(g) 599 $500

b. Deleting the following item under Columns 1, 2, 3 and 4 of Schedule 18:

Column 1 Offence Column 2 Section Column 3 Amendment Bylaw No. Column 4 Fine
No annual secondary suite permit obtained 4.1.7 $500

c. Adding the following item under Columns 1, 2, 3 and 4 of Schedule 18:

Column 1 Offence Column 2 Section Column 3 Amendment Bylaw No. Column 4 Fine
No annual Type 2 secondary suite permit obtained 4.1.7 $500

PURPOSE:

The purpose of this report is to provide the Committee with information, analysis, and recommendations for proposed changes to Type 1 and Type 2 secondary suite permits and proposed bylaw amendments to the existing Secondary Suite Permit Bylaw No. 601, 500, Fees and Charges Bylaw No. 958, 2016 and Municipal Ticket Information Bylaw No. 643, 2007.

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 the Committee recommend to Council to support the proposed bylaw amendments to the Secondary Suite Permit Bylaw, Fees and Charges Bylaw and Municipal Ticket Bylaw, then bylaw readings must occur in November to modify the notice mailout accordingly.

EXECUTIVE SUMMARY:

The purpose of this report is to provide the Committee with information, analysis, and recommendations for proposed changes to Type 1 and Type 2 secondary suite permits and proposed bylaw amendments to the existing Secondary Suite Permit Bylaw No. 601, 500, Fees and Charges Bylaw No. 958, 2016 and Municipal Ticket Information Bylaw No. 643, 2007.

Staff is recommending the following changes to the abovementioned bylaws:

  • no longer require new and the renewal of Type 1 secondary suite permits. A new secondary suite would require a one-time building permit and compliance with zoning regulations.
  • double the renewal fee of Type 2 secondary suite permits from $100 to $200 to incentivize homeowners to bring their secondary suites up to current B.C. Building Code and comply with the secondary suite regulations in the Zoning Bylaw, where applicable. It is important to note that some secondary suites may be grandfathered from meeting certain zoning regulations in the Zoning Bylaw; and
  • update the Fees and Charges Bylaw and the Municipal Ticket Information Bylaw to reflect the proposed changes to the secondary suite permit requirements, and fees and fines associated with Type 2 secondary suite permits.

BACKGROUND:

In 2006, the Town established a Secondary Suite Program, which included the adoption of the Secondary Suites Permit Bylaw No. 601, 2005. The intent of this Bylaw is to require a homeowner with a suite to obtain a Type 1 or Type 2 secondary suite permit, which are defined as follows:

  • Type 1: a permit issued for a secondary suite that complies with the B.C. Building Code (BCBC); and
  • Type 2: a permit issued before September 1, 2007 for a secondary suite that does not comply with the B.C. Building Code.

When the program was created in 2005/2006, a Secondary Suites Enforcement Policy was also established, which stipulated that most secondary suites that existed before December 31, 2005, and which did not conform with the secondary suite regulations of the BCBC at the time, would not face immediate requirements from the Town to update these suites. Should a homeowner wish to carry out any upgrades or renovations to their existing suite, they would be required to comply with the secondary suite regulations in the BCBC of the day, provided that a building permit is required for the proposed works (i.e., painting or replacing flooring does not require a building permit).

Every person wishing to obtain a permit for a secondary suite must do so by making an application to Development Services, and paying a fee of $150.00. Once a permit is issued, it must be renewed annually before March 1. The owner must complete a renewal application and pay an annual fee of $100. There are currently 201- Type 1 and 245- Type 2 secondary suite permits, for a total of 446 secondary suite permits.

DISCUSSION:

Regional Comparison of Secondary Suite Permit Programs

The Town of View Royal was one of the first municipalities in the region to legalize secondary suites. Since then, all municipalities within the region, except for the District of Highlands (currently working on secondary suite regulations), permit secondary suites within single-family dwellings. Municipalities recognize that this type of housing plays an important role by way of helping to offset the cost of a mortgage, help keep families close, and provide additional rental housing for the people in the community.

For comparison, out of the 13 municipalities in the Capital Region, only the Town of View Royal and District of North Saanich have current Secondary Suite Permit Programs (refer to Table 1 below) in addition to building permits.

Table 1. Comparison between municipalities that require and do not require secondary suite permits

Municipality Secondary Suite Permit Program
Sooke No
Langford No
Colwood No
Highlands N/A
Metchosin No
View Royal Yes
Esquimalt No
Victoria No
Oak Bay No
Saanich No
Central Saanich No
North Saanich Yes
Sidney No

In North Saanich, every homeowner of a single-family dwelling that contains or is to contain a secondary suite must hold a valid and current secondary suite permit. Upon issuance, provided that a permit has not been revoked or suspended, the secondary suite will be automatically renewed annually on January 1, without charge. The one-time fee at application submission is $100.

Page 448–456

While the City of Colwood does not have a Secondary Suite Permit Program, the municipality once had a class two permit, which was a declaration provided by the property owner that the secondary suite met the basic zoning and building code requirements. Colwood has since eliminated Type 2 permits.

For the other 11 municipalities, only a building permit is required to confirm compliance with a Zoning Bylaw and the BC Building Code to authorize a secondary suite.

View Royal’s Secondary Suite Permit Program

Program Operations

The Town’s Secondary Suite Permit Program has been in force for over seventeen (17) years. When it was first implemented, it complemented the Town’s new secondary suite regulations and received support from the community. Table 2 below provides a summary of all the tasks and costs associated with managing the Town’s Secondary Suite Program, which is in addition to the building permit process.

Table 2: Summary of Tasks and Costs

Task Approx. Annual Staff Time (hrs)
Secondary Suite Permit Process
Administrative tasks associated with accepting new secondary suite permit applications (taking payment, reviewing documents for complete application, sending out referrals to other departments) 5
Staff review of new secondary suite permit applications (all departments) 20
Issuance of secondary suite permits 2
Secondary Suite Permit Renewal Process
Update the renewal form, permits and letters for the renewal year, and upload on website 4
Prepare the first renewal letter, create labels and stuff envelopes 6
Prepare the second renewal letter, create labels and stuff envelopes 4
Review renewal forms, check them off and file them 15
Prepare a third past deadline letter with inspection dates and times 6
Building inspections 10
Building inspection follow-up with homeowner 3
Miscellaneous tasks 5
Total Approx. 80hrs

As noted above, there are 201 Type 1 and 245 Type 2 secondary suite permits that would require renewals this year. The revenue generated by the annual renewal of Type 1 and 2 permits is approximately $44,600.00. With the removal of Type 1 permits, the amount of staff time spent on the secondary suite permit program may be reduced to approximately 40hrs. However, there is still a significant amount of staff time required to administer this program when secondary suites can be regulated and legalized through the building permit process.

Proposed Changes to Secondary Suite Permit Program

Table 2 above demonstrates that it requires significant amount of staff time and resources to administer the Program on an annual basis. In addition, it is an onerous process for homeowners to annually renew their secondary suite permits as they must visit Town Hall or mail a cheque. Furthermore, Town staff is essentially doubling up on the administrative and review processes for Type 1 secondary suite permits since a building permit is also required to legalize a suite and zoning reviews are also conducted during the building permit process. Building Permits are the tool other municipalities use to legalize and keep track of secondary suites. In the early years of legalizing secondary suites, Type 1 permits played an important role as the community got comfortable with suites in the neighbourhoods. Now that secondary suites have been legal in the Town for almost two decades, staff recommends for Council’s consideration that the Town eliminate the requirement for Type 1 secondary suite permits.

For Type 2 secondary suite permits, staff recommends a slightly different approach. Given that Type 2 permits were issued before September 1, 2007 for secondary suites that do not comply with the B.C. Building Code, staff recommends to Council for consideration that the Town double the annual renewal permit fee from $100 to $200 to incentivize homeowners to bring their suites up to current BCBC by applying for building permits, and slowly terminate Type 2 permits. Should Council wish to increase the renewal fee for Type 2 secondary Suite Permits, then staff recommend deferring the increase to April 1, 2024, to give homeowners sufficient time (one renewal cycles) to become aware of this fee change. If Council supports this approach, then the new fee would be in place for the November 2024 renewal cycle. This year’s renewal notice would notify homeowners of a fee change, if it is approved by Council.

Should Council not wish to proceed with all of the above recommendations, then there are alternative options for Council’s consideration below.

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

There are no sustainability and climate change impacts associated with the proposed changes to the Secondary Suites Permit Program.

FINANCIAL IMPLICATIONS:

In the short-term, there would be an increase in annual revenue should the renewal fee for Type 2 permits be increased from $100 to $200 (approx. $49,000). However, under this approach, there may be a reduction in annual revenue generated by the Secondary Suite Permit Program should homeowners of Type 2 permits choose to upgrade their secondary suites to meet current B.C. Building Code. Should Council eliminate Type 1 permits and not increase the renewal fee of Type 2 permits then the annual revenue generated by the program would be reduced to $24,500.00.

ALTERNATIVES:

Option 1 (eliminate Type 1 secondary suite permits and no fee change to Type 2 permits)

  1. THAT the report dated September 29, 2023, from the Director of Development Services Division titled “Secondary Suite Type 1 and Type 2 Permits” be received for information.
  2. AND THAT the Committee recommend to Council:

i. Secondary Suites Permit Bylaw No. 601, 2005 is amended as follows:

a. Deleting section 2.1 in its entirety and replacing it with the following:

i. In this bylaw, a Type 2 Permit is a permit issued before September 1, 2007, for a secondary suite that does not comply with the B.C. Building Code.

b. Deleting section 3.1 in its entirety and renumbering the remaining sections and subsections sequentially.

c. Deleting section 4.1 in its entirety and renumbering the remaining sub-sections sequentially.

d. Deleting section 5.1 in its entirety and renumbering the remaining subsections sequentially.

e. Deleting section 6.1 in its entirety and replacing it with the following:

i. Every Type 2 secondary suite permit holder must post a copy of the permit at a conspicuous location in the suite.

ii. Fees and Charges Bylaw No. 958, 2016 is amended as follows:

a. Deleting the following row from the Development Services table:

Secondary Suite Permit - $150 As per Bylaw No. 601

b. Deleting the following row from the Development Services table:

Secondary Suite Permit renewal - $100 As per Bylaw No. 601

c. Adding the following row to the Development Services table:

Secondary Suite Type 2 Permit Renewal $100 As per Bylaw No. XX

iii. Municipal Ticket Information Bylaw No. 643, 2007 is amended as follows:

a. Deleting the following item under Columns 1, 2, 3 and 4 of Schedule 2 in its entirety:

Column 1 Offence Column 2 Section Column 3 Amendment Bylaw No. Column 4 Fine
Failure to obtain annual Secondary Suite Permit 40.2(g) 599 $500

b. Deleting the following item under Columns 1, 2, 3 and 4 of Schedule 18:

Column 1 Offence Column 2 Section Column 3 Amendment Bylaw No. Column 4 Fine
No annual secondary suite permit obtained 4.1.7 $500

c. Adding the following item under Columns 1, 2, 3 and 4 of Schedule 18:

Page 448–456
Column 1 Offence Column 2 Section Column 3 Amendment Bylaw No. Column 4 Fine
No annual Type 2 secondary suite permit obtained 4.1.7 $500

Option 2 (no change)

THAT the report dated September 29, 2023, from the Director of Development Services Division titled “Secondary Suite Type 1 and Type 2 Permits” be received for information.

CONCLUSION:

The Secondary Suite Permit Bylaw has not undergone a comprehensive review since it was adopted in 2006. Secondary suites were once considered an innovative form of rental housing and municipalities underwent substantive community engagement to gauge a community’s support for secondary suites. Now, secondary suites are very common in all municipalities across the region. Secondary suites play an important role in helping homebuyers to offset the cost of mortgages, keeping families close, and providing additional rental housing for the people in the community.

Given the current housing crisis across the region, one of the ways the Town could help and support homebuyers afford homes in the community is by making some small changes, such as eliminating Type 1 secondary suite permits. Incentivizing homeowners with Type 2 permits to bring their secondary suites up to current BCBC by doubling the renewal fee may be received with some push back given the current cost of living. Therefore, an alternative option is provided for Council’s consideration should there not be a desire to proceed with a fee change to Type 2 secondary suite permits at this time.

CONCURRENCE: Initials Comments
Chief Administrative Officer KA Recommend Approval
REVIEWED BY: Initials
Director of Corporate Administration n/a
Director of Finance n/a
Director of Development Services LT
Director of Engineering and Parks n/a
Director of Protective Services n/a

ATTACHMENTS:

Attachment A: Secondary Suite Permit Bylaw No. 601, 2005 Attachment B: Fees and Charges Bylaw No. 958, 2016 Attachment C: Municipal Ticket Information Bylaw No. 643, 2007.

Page 448–456

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Extracted from: 2023 10 17 Council Agenda - Agenda - Pdf