STAFF REPORT. North Saanich. District of. Recommendations. Strategic Plan Implications. Purpose. Background

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1 i District of North Saanich STAFF REPORT To: Rob Buchan Date: October 22, 2015 Chief Administrative Officer From: Luke Man Planner File: Re: Secondary Suites Program Review Recommendations THAT Council amend Bylaw No at 2nd reading in order to remove the Dean Park Estates from the Secondary Suite program and proceed to Public Hearing. Strategic Plan Implications Protect and Enhance Rural, Agricultural, Heritage, Marine, and Environmental Resources Maintain a Safe and Healthy Community Build a Strong and Vibrant Community Ensure Strong Leadership, Fiscal Responsibility, and Transparent Government Purpose The purpose of this report is to provide a summary of the changes made to Bylaw No in regards to the Council resolution directing staffto exclude the Dean Park Estates from the Secondary Suite program. Background On August 17, 2015, a motion to exclude the Dean Park Estates from the Secondary Suite program was defeated, however at a subsequent meeting on September 13, 2015, Council passed the following resolution: 435: That Council exclude the Dean Park Estates from the Secondary Suite program and direct staff to accordingly revise proposed Bylaw No

2 Rob Buchan, ChiefAdministrative Officer Page 2 Re: Secondary Suites Program Review Discussion Staff has revised Bylaw No to reflect the changes directed by Council. All changes to the version of Bylaw No that already received 1st and 2nd readings are related to the exclusion of the Dean Park Estates (DPE) from the Secondary Suite program. Map Amendments Under the Map Amendments portion of Bylaw No. 1382, the current Schedule B which is the original secondary suites pilot area map will be rescinded and replaced with a new Schedule B that highlights the Dean Park Estates as a Secondary Suite Exclusion Area. The lots selected were based on a map provided to staff by the Dean Park Estates Community Association (DPECA). Text Amendments Bylaw No proposes to replace the current Section 206 with changes based upon the extensive community feedback. Section 206 outlines the list of conditions that must be satisfied in order to be eligible for a secondary suite. Based on the DPE exclusion, section (b) is a new line item that prohibits suites from being constructed within the yellow highlighted area shown on Schedule B. Financial Implications Application fee changes are proposed as part of Bylaw No Additional staff time will be required through the review and inspections associated with building permits. Legal Implications Expansion of the secondary suite program to other areas of the District is anticipated to result in legalization of some currently unauthorized secondary suites. Consultations Community meetings were held in March 2012, June 2014, and June Interdepartmental Involvement/Implications The Fire Department, Planning and Community Services, Finance, and Infrastructure Services Departments have been advised and consulted where required forthe proposed changes. Additional staff time will be necessary for legalizing secondary suites through inspections. Summary Staff was directed by Council to amend Bylaw No in order to exclude the Dean Park Estates from the Secondary Suite program. Staff has made the required changes and will bring forward an additional report on bylaw enforcement options.

3 Rob Buchan, Chief Administrative Officer Page 3 Re: Secondary Suites Program Review Recommendations THAT Council: 1. Amend Bylaw No at 2nd reading in order to remove the Dean Park Estates from the Secondary Suite program and proceed to Public Hearing. Respectfully symitted, Concurrnce, Acting Director of Planning & Community Services Chief Administrative Officer Concurrence: san,ector Financial Services 4 (f Patrick O Reilly, Director Infrastructure Services Curt Kingsley, Di ctor Corporate Services ry Wilton, Director Emergency Services Appendices Appendix A: Bylaw No Appendix B: Schedule B, Secondary Suite Exclusion Area

4 DISTRICT OF NORTH SAANICH Appendix A BYLAWNO A BYLAW TO AMEND DISTRICT OF NORTH SAANICH ZONING BYLAW NO (2011), MUNICIPAL TICKET INFORMATION BYLAW NO. 1013, 2002, SECONDARY SUITES PERMIT BYLAW NO. 1244, 2010 The Council of the District of North $aanich, in open meeting assembled, ENACTS AS FOLLOWS: MAP AMENDMENTS 1. The Official Secondary Suites Permitted Area Map of the District of North Saanich attached as Schedule B to the District of North Saanich Zoning Bylaw No. 1255, 2011 is hereby rescinded and replaced. TEXT AMENDMENTS 1. District ofnorth Saanich Zoning Bylaw No. 1255, 2011 is amended by: a) Replacing (b) with the following: more than one dwelling unit in a single family residential dwelling, except as provided for in accordance with Section 206; b) Deleting Section 406 in its entirety. c) Replacing Section 206 with the following: Where a zone permits a secondary suite use, all of the following conditions must be satisfied to override the prohibition in Subsection (b) of this Bylaw: The lot on which the secondary suite is proposed to be located must: (a) be located within a zone in which Division 500 expressly permits secondary suites; (b) not be located within the yellow highlighted area shown on Schedule B ; (c) not contain more than one single family residential dwelling; (d) not have any other secondary suite, laneway house, carriage house, guest/caretaker s cottage or dwelling unit other than the principal dwelling unit of a single family residential dwelling; (e) not contain any bed and breakfast accommodation or use; (f) not have more than one room for boarding and lodging use; and The gross floor area ofthe secondary suite must not exceed the lesser of: (a) 60 m2 (649 ft2) in the CD-3 or CD-4 zone and 90 m2 (970 ft2) in any other zone; and (b) 40% of the habitable area of the single family residential dwelling in which it is located The single family residential dwelling in which the secondary suite is located must be connected to the District of North Saanich

5 Bylaw No Page 2 sanitary sewer system or be provided with an on-site sewage disposal system that complies with the Public Health Act One additional off-street parking space for the exclusive use of the occupants of the secondary suite must be provided on the lot in accordance with Division A single family residential dwelling that contains a secondary suite must not be subdivided under the Strata Property Act or otherwise A building permit shall not be issued for a single family residential dwelling containing a secondary suite unless the owner grants to the District in priority to all financial charges a covenant under Section 2 19 of the Land Title Act prohibiting the subdivision of the building. d) Adding to Subsection the following after (b)(vi): (vii) Secondary Suite, subject to Section e) Adding to Subsection the following after (b)(vii): (viii) Secondary Suite, subject to Section f) Adding to Subsection the following after (b)(vii): (viii) Secondary Suite, subject to Section g) Adding to Subsection the following after (b)(vii): (viii) Secondary Suite, subject to Section h) Adding to Subsection the following after (b)(vi): (vii) Secondary Suite, subject to Section i) Adding to Subsection the following after (b)(viii): (ix) Secondary Suite, subject to Section j) Adding to Subsection the following after (b)(v): (vi) Secondary Suite, subject to Section k) Adding to Subsection the following after (b)(iii): (iv) Secondary Suite, subject to Section District of North Saanich Secondary Suites Permit Bylaw No. 1244, 2010 is amended by: a) Deleting Section 3(2)(b) and substituting, and for the period at the end of Section 3(2)(a); b) Replacing Section 6(1) with the following, Provided that it has not been revoked or suspended under Section 7, the Secondary Suite Permit will be automatically renewed annually on January 1. ; c) Deleting Section 6(2); d) Deleting Section 6(3); e) Renumbering Section 6(4) as 6(2) and replacing it with the following, If the holder of a Secondary Suite Permit disposes of its interest in the lands that are

6 Bylaw No Page 3 the subject of the Permit, the new owner must within 30 days of taking ownership of the Lands submit a completed application form to the Licensing Inspector, failing which the Permit shall be deemed to have been revoked. 0 Replacing Section 8(1) with the following, The Licensing Inspector may prescribe the form of permits and permit applications for the purposes of this Bylaw. g) Replacing the Permit Fee in Schedule A with $ and deleting the Renewal Fee. 3. District of North Saanich Municipal Ticket Information Bylaw amended by replacing Schedule 9 with the following: No. 1013, 2002 is Column 1 Offence Column 2 Bylaw Section Column 3 Fine Misuse of property 107 $ Unlawful home occupation Excessive secondary suite area Suite without proper sewer service No parking space for suite Subdivision of suite Park vehicle exceeding 4200 kg. Exceed Fence Height The fine for a second offence against any subsection ofsection 206 is $1,000. All secondary suite fines commence after July 1, (a) (b) (c) (d) (e) (f) (j)(v) (Multi 2) (Multi 1) (Multi 3) $ $ $ $100.00

7 Bylaw No Page 4 CITATION 1. This Bylaw may be cited for all purposes as North $aanich Zoning Bylaw No. 1255, (2011), District of North $aanich Municipal Ticket Information Bylaw No. 1013, 2002, and District of North $aanich Secondary Suites Permit Bylaw No. 1244, 2010, Amendment Bylaw No (2015). READ A FIRST TIME the day of, 2015 READ A SECOND TIME the day of, 2015 AMENDED AT SECOND READING the day of, 2015 NOTICE OF PUBLIC HEARING published in the and editions of the Peninsula News Review. PUBLIC HEARING held at the North Saanich Municipal Hall the day of, 2015 READ A THIRD TIME the day of, 2015 APPROVED BY THE MINISTRY OF TRANSPORTATION the day of, 2015 FINALLY PASSED AND ADOPTED the day of, 2015 MAYOR CORPORATE OFFICER

8 - -. Municipal SCHEDULE B - Zoning Bylaw No Secondary Suites Exclusion Area - Indicated in Yeflow Subject to Requirements ofthe Zoning Bylaw and other applicab e Bylaws and Regulations Dt Mdt Information shown on those drawiftgs is cornpiod from numerous sources and may not be compte or accurate, th District of North Soanich Is not rosponsiblo for nny errors, onrissions otdoflconctns in thosedrawings. N District of -.fr North Saanlch Secandarj Suites Exclusioii Area Boundary Pauquachin Nahon Central Seartich