ACESSORY DWELLING UNITS Expanding Husing Chice and Affrdability Backgrund Reprt City f Duncan December, 2010 1
Accessry Dwelling Units: Backgrund Reprt Expanding Husing Chice and Affrdability EXECUTIVE SUMMARY Accessry dwelling units have the ptential t benefit the cmmunity and prvide a valuable frm f husing fr the area s residents. Currently accessry dwelling units are illegal in Duncan, althugh plicy directives such as the Official Cmmunity Plan and the City s Strategic Plan have made the legalizatin f accessry suites an imprtant pririty. This reprt was created t prvide a backgrunder t residents and City staff regarding accessry dwelling units and prvide the first step in the creatin f a suites prgram. This reprt prvides an verview f research and tpics fr cnsideratin. Backgrund Infrmatin and Ratinale Prvides an intrductin t accessry dwelling units, and prvides a ratinale fr why the City f Duncan is pursuing legalizatin f these suites. Current status f secndary suites in Duncan The current bylaws gverning suites thrughut the City, and an estimatin f hw many suites currently exist. An assessment f the ptential number f suites if an amendment t the current bylaw ccurred is als given. Plicy Directin An utline f the plicies that supprt the establishment f a suites prgram, including bjectives set ut in the Managed Grwth chapter f the Official Cmmunity Plan relating t husing and land use. Ratinale Includes relevant infrmatin frm Scial Planning Cwichan s recent reprt n husing affrdability in the Cwichan Valley. Legislatin and Curt Rulings Tpics Fr Cnsideratin (Service availability, lcatin, lt area and secndary suite types, size, DCC s, Licensing, Inspectins, Facilities, Sale and Occupancy, Parking, Architecture and Develpment Permits This reprt recmmends that secndary suites shuld be legalized fllwing a public participatin prcess and that the fllwing criteria be addressed: -Zning -Building regulatin -Taxes and utilities -Licensing/Permitting -Enfrcement Summary f ptins is given, an implementatin strategy and next steps mving frward. 2
BACKGROUND INFORMATION AND RATIONALE Many municipalities thrughut BC have adpted r are in the prcess f adpting secndary suites prgrams. Previusly a prhibited use in mst municipalities, secndary suites are nw being legalized as a way t increase rental stck and prvide a greater range f affrdable husing chices. The term secndary suite (referred t in this reprt as accessry dwelling units) is generally used t describe a self-cntained dwelling unit with its wn kitchen and bathrm, which is separate frm the principal dwelling in a huse and lcated either within the principal dwelling r in an accessry building n the same lt as the principal dwelling. There are three different types f accessry dwelling units that have been identified, utlined in detail belw. Affrdable husing, limited rental stck, and husing geared twards singles and senirs have becme significant cncerns fr the City f Duncan. These cncerns have been clearly viced by residents, and the need fr accessry dwelling units has been referred t directly in Duncan s Official Cmmunity Plan. Althugh accessry dwelling units are nt currently permitted in the City f Duncan, it is estimated that several f them already exist thrughut the area. Suites are an excellent way t increase density and the number f residential units within the City in a way that des nt put unnecessary burden n existing infrastructure. Furthermre, legalizatin will allw the City t guide the develpment f accessry dwelling units thrugh standards f design, health and safety. This reprt reveals a number f cnditins that must be tied with the legalizatin f suites. These cnditins, which wuld require that prperty wners cmply with certain requirements, are discussed in the reprt. In additin, an infrmatin pen huse fr residents alng with a City Cuncil wrkshp shuld be undertaken t ensure that residents and City representatives have a sund understanding f what secndary suites are and hw they may be affected by their pssible legalizatin. 1. Types f Accessry Dwelling Units Secndary Suite Granny Flat Carriage Huse A Secndary Suite is a private, selfcntained unit within an existing dwelling. A secndary suite has its wn bathrm, kitchen (r kitchenlike facilities), living and sleeping areas but may share a number f features with the rest f the huse. Secndary Suites are ften lcated in the basement f single-family dwellings (CMHC). Granny Flats were riginally created t huse an aging parent f a hmewner. It is a free-standing, single-unit building lcated behind the main huse in a residential area. Granny flats are selfcntained and have their wn sanitary and kitchen facilities. Is als referred t as a Garden Suite (CMHC). A Carriage Huse is a stand-alne dwelling built n a residential prperty that als cntains a single detached primary dwelling. The residential unit is built ver an existing garage r car-prt and is either purpse-built r a cnversin f an existing building (Pentictn, Zning Bylaw) 3
2. Current Status f Secndary Suites in Duncan 2.1 Bylaws The current Zning Bylaws in Duncan d nt frmally acknwledge accessry suites, except fr prvisins in multifamily dwellings when it is stated that tw r mre families may be living in a dwelling. These are, hwever, assumed t be equal in size and a secndary suite wuld be clearly subrdinate in size. In part five f the Zning Bylaw, pertaining t 5.10 Accessry Buildings and Structures it states that An accessry building shall nt be used as a dwelling except as therwise prvided fr in this bylaw. Als restricting suites in accessry buildings is a height restrictin f 4.0 metres (13 feet) in all lw-density and medium-density single family residential). 2.2 Estimated Number f Illegal Suites The City f Duncan des nt send ut tw water bills t single-family dwellings with secndary suites. Cnsequently, nly singly family dwellings with legal accessry units, that receive ne bill, can be frmally cunted. Table 1 belw shws these legal units and their lcatins. Because nly suites that are fficially registered can be cunted, it makes it very difficult t estimate the number f existing suites. A cursry internet scan revealed at least fifteen illegal suites that exist within the Duncan as f Nvember, 2010, but there are likely many mre than this. Table 1. City Recrds f Legal Secnd Suites in Duncan, 2010 Water Bill-SFD w/suite Address Strata Units 100-02670000-000 163 Third Street 1.00 100-05150000-000 360 Ypres 1.00 100-07150000-000 741 Crnatin 1.00 100-08940000-000 921 Macdnald 1.00 100-11160000-000 411 Arbutus 1.00 100-11670000-000 190 Hemlck 1.00 2.3 Ptential Number f Suites The number f ptential suites in Duncan was investigated using City recrds. The number f single family hmes is 1,082. Again, it is nt pssible t separate stratas and duplexes frm single family hmes in the City recrds, therefre this number shuld nly be used as an apprximatin. 3. Plicy Directin 3.1 Duncan s Official Cmmunity Plan The Official Cmmunity Plan utlines several plicies that supprt Secndary Suites. While sme directly cite secndary suites, thers fit apprpriately int a brader theme r categry: Grwth Management Plicies 5.1.2 T encurage and strngly supprt smart grwth principles. General Husing Plicies 5.2.1.1 Encurage infill and redevelpment t prvide a mix f husing types, prvided they are sensitive t the site, scale, density, frm and character f the existing neighburhd. General Husing Plicies 5.2.1.2 Ensure the mst effective use f Duncan s limited land base by supprting higher densities in apprpriate areas. 4
Lw Density Husing Plicies Plicies 5.2.2.3 Permit secndary suites /accessry dwelling units within single detached dwelling znes (but nt in duplexes). Cnsult with residents n apprpriate regulatins. Affrdable and Special Needs Husing Plicies 5.2.4.1 Supprt initiatives which help prvide affrdable and special needs husing in the cmmunity, including: recgnitin f secndary suites/accessry dwelling units. Ecnmic Develpment Plicies 6.1.3 Cntinue revitalizatin f Dwntwn thrugh imprvements t its husing mix, streetscapes, public art, landscaping, pedestrian realm and ther urban design measures. 3.2 Ratinale fr Permitting Secndary Suites Cnclusins frm: Affrdable Husing in the Cwichan Valley, a Discussin Paper Scial Planning Cwichan. A number f imprtant cnclusins n affrdable husing can be drawn frm this discussin paper. The purpse f the discussin paper is t utline tentative recmmendatins fr affrdable husing planning and initiatives fr the regin, and t assist Cwichan regin residents in addressing varied aspects f affrdable husing in each cmmunity area. Several statistics frm the 2006 census infrm Scial Planning Cwichan s discussin paper and display the need fr increased affrdable and adaptable husing in the CVRD. Sme ntable statistics include: 8.4% f the CVRD s ppulatin are lw-incme families, while 30.5% f the ppulatin is lwincme/single-parent/female Single individuals make up 28% f the ppulatins, and senirs made up the final 17% f the verall ppulatin. The median 2005 incme fr Cwichan regin husehlds was $28,400 while the median hme purchase csts in 2006 were $339,400. This hme purchase cst meant residents required $76,160 in incme t qualify fr a mrtgage (with a 5% dwn payment and a 5% mrtgage interest rate). 2,440 affrdable husing units were cunted in 2006 in the CVRD, but n new affrdable rental husing has been built since the late 1970s and early 1980s, while the ppulatin within the regin has increased by 49% since this time. At time f reprt publicatin in 2010, all subsidized husing units fr senirs and families were full and had wait lists exceeding a year Evidently, affrdable husing fr renters and buyers is lacking in the regin and we must lk t new ptins that are innvative, adaptive and sustainable t meet the unique needs f the residents f the Cwichan regin. It is extremely imprtant t create mre channels thrugh which affrdable rental accmmdatins can be made available, while als lking fr further pprtunities t minimize csts fr hmewners. The discussin paper emphasizes accessry dwelling units as a very feasible ptin fr relieving the affrdable husing burden in the CVRD fr renters and wners. Under the definitin f secndary suites this reprt includes cach r lane huses, mther-in law units and suites lcated in r ver a detached garage. Secndary suites and accessry dwellings units are cited as a rapid-respnse ptin fr the prvisin f mre affrdable husing, and shuld be legalized and encuraged because they: Prvide an inexpensive way t increase the stck f rental husing; Act as a mrtgage helper fr hmewners Allw fr the creatin f units with limited impact t service infrastructure Integrate affrdable husing thrughut all neighburhd areas 5
Encurage independent living fr lder citizens and disabled persns Additinal Ratinale Husing Market Access fr Yung Individuals and Families: Secndary Suites prvide critical access fr yung families and individuals hping t gain entry int the husing market at a lwer price pint. Accessry dwelling units can create mre affrdable husing prspects fr ptential hmewners by prviding extra mnthly incme, thereby reducing mrtgage csts and increasing the resale value f the huse. Secndary suites can reduce carrying csts t first time hmebuyers by up t 25% (CMHC 2009). The affrdable husing cntinuum, shwn belw, depicts the six categries f affrdable husing ranging frm ttal public assistance t ttal financial independence. Secndary Suites wuld allw fr a greater diversity f ptins in the far right f the spectrum and increase pprtunities fr affrdable market rental and hmewnership. Surce: New Westminister Addressing Duncan s OCP Identified Husing Issues: Duncan s Official Cmmunity Plan pints t a scarcity f affrdable and apprpriate husing fr 18-30 year ld singles, single mthers, yung parents and cuples, peple with small incmes and extended/blended families. Diversificatin f the husing market was nted as a key step t addressing the needs f these resident grups. The legalizatin f accessry dwelling units will diversify the husing market by prviding mre financial alternatives fr renters and ptential hmewners, while directly addressing several f the husing issues that we face in Duncan. In particular, the legalizatin f accessry dwelling units is ne f the mst cst effective ways t prvide affrdable rental husing and enable lw and mderate incme husehlds t live in grund-related husing in a residential setting. Fulfilling Duncan s Sustainability Gals: An increased number f rental units will encurage cmplete and cmpact neighburhds thrughut the City. It is imprtant t plan fr cmpact cmmunities as they help t curb urban sprawl, preserve precius farm land and pen spaces, prmte walkability and ther active mdes f transprtatin, and create pprtunities fr peple t live, wrk and play in clse prximity. The legalizatin f secndary suites prvides an imprtant step twards reaching Duncan s sustainability gals because it addresses several f the Smart Grwth Principles utlined in the OCP, including: the creatin f diverse husing pprtunities and encuragement f grwth in existing cmmunities. 6
Safeguarding Rental Stck fr Future: Duncan s vacancy rate in 2009 fr bachelr apartments was 8.6%, 1 bedrm at 4.9%, and 2 bedrm at 6.7% (an verall vacancy rate f 6.1% in 2009, up frm just 2.7% in 2008) (CMHC). While the vacancy rate is up drastically frm 2008, these figures shw that the rental market can fluctuate drastically and is highly cntingent upn glbal market frces. Therefre, we must prvide a greater stck f rental husing t safeguard against external fluctuatins and ensure that peple f all ages and incme levels can reside cmfrtably within the City limits. In smaller twns such as Duncan, secndary suites are an imprtant surce f husing where there is little cnventinal rental husing (CMHC 2009). Allwing secndary suites prvides insurance against a shrtfall f financial resurces that culd prevent the cnstructin f purpse-built rental husing in the future. The Inevitable Presence f Secndary Suites: Althugh Secndary suites are currently illegal in Duncan, many suites are present in the area. The Municipality f Duncan is retractive in its bylaw enfrcement and des nt actively seek ut illegal suites. If these suites exist anyway, it is lgical that they be legalized, kept up t cde and prperly managed. This sentiment is crrbrated in Duncan s OCP, where ne cmmunity identified issue was the legalizatin f secndary suits because they are happening anyway and prvide affrdable accmmdatin. The legalizatin f these suites will reduce the culture f nn-cmpliance surrunding illegal suites, and allw the City t ensure that health and safety standards are met. 4. Secndary Suites in Other Cmmunities in BC Over the past several years, there has been a general trend twards legalizing secndary suites thrughut British Clumbia and the Lwer Mainland. Thrughut the Prvince, apprximately half f the 157 municipalities permit secndary suites. The table belw displays all the municipalities in the GVRD, FVRD and Vancuver Island wh currently permit and d nt permit secndary suites. Table 2. Secndary Suites Plicies in GVRD, FVRD, and Vancuver Island Regin Secndary Suites Permitted Secndary Suites Nt Permitted Greater Vancuver Reginal District Village f Anmre Village f Belcara City f Burnaby Village f Lins Bay District f Maple Ridge City f New Westminster City f Nrth Vancuver District f Nrth Vancuver City f Nrth Vancuver District f Pitt Meadws City f Prt Cquitlam City f Prt Mdy City f Richmnd City f Surrey City f Vancuver District f West Vancuver City f White Rck City f Langley Island Municipality f Bwen Island 1 District f Delta 7
Twnship f Langley Fraser Valley Reginal District City f Abbtsfrd City f Chilliwack District f Hpe District f Kent District f Missin Village f Harrisn Ht Springs Vancuver Island City f Nanaim City f Victria Twn f Sidney Twn f Qualicum Beach Twn f Cmx 4 Central Saanich District f Ucluelet City f Campbell River 2 City f Duncan Twn f Ladysmith District f Nrth Cwichan 1 Surce: Urban Systems: Secndary Suites Study 1 Secndary Suite plicy currently under review 2 Will spt zne t allw secndary suites 4 Allwable under specific zning fr single-family in Cmx. 5. Legislatin and Curt Rulings 5.1 British Clumbia Building Cde All buildings in British Clumbia are subject t the British Clumbia Building Cde, which sets ut prvisins fr public health, fire prtectin, and structural sufficiency. In 1995, Sectin 9.36 was added t the building cde t deal specifically with secndary suites. The BC Building Cde applies t the cnstructin f secndary suites, whether this cnstructin is part f an additin t an existing building, r the cnstructin f a new building that incrprates a secndary suite. The BC Building Cde states that in rder fr an additinal dwelling unit t be cnsidered a secndary suite, the fllwing criteria must be met: The secndary suite is in a huse (single-family dwelling). i.e. nt in buildings f mixed use (cmmercial, industrial etc) r buildings f multi-residential use (duplex, etc). The area f the secndary suite cannt exceed 40% f the ttal living area f the building; The area f the secndary suited cannt exceed 90m2 (969 sq ft) f finished living area Only ne secndary suite permitted per building; and Ceiling heights must be at least 2 metres (6 ft. 7 in.) Sectin 9.36 f the BC Building Cde that cncerns secndary suite als includes requirements fr fire separatin, smke alarms, safety, plumbing and heating, rm/egress dimensins and spatial separatins that have nt been included here. 5.2 Curt Rulings 8
The Lcal Gvernment Act requires lcal gvernments t include plicies addressing affrdable husing, rental husing and special needs husing in their OCPs. It als gives municipalities the authrity t regulate land use. Thrugh the existing zning prvisins f the Lcal Gvernment Act, municipalities can regulate land use, density, siting and size, and lcatin f uses n the land and within the structures. This prvisin includes secndary suites. Sme municipalities permit secndary suites as f right in all single-family hmes while thers permit them nly in designated znes. In ther cases, municipalities permit secndary suites thrugh site specific rezning (CMHC). In general, lcal gvernments have a wide-range f pwers under existing legislatin t establish and regulate secndary suites. Anther relevant curt ruling ccurred in 1997, when the BC Supreme Curt ruled against a Delta Zning Bylaw which attempted t restrict suite ccupancy t relatives f the hme-wner. The curt ruled the restrictin as discriminatry and therefre invalid. The family suite prvisins were severed frm Delta s zning bylaw, with the result that, instead f suites being permitted under certain cnditins f ccupancy, n suites were permitted at all (City f Langley: Secndary Suites Study) MAJOR TOPICS FOR CONSIDERATION Althugh there is a clear trend twards legalizing secndary suites, the specific plicies assciated with the legalizatin prcess is different in each municipality. Municipalities must explre the issue in their specific cntext and create an apprpriate set f plicies and cnditins. The fllwing are tpics f cnsideratin fr Secndary Suites that can be regulated in varius ways, including: discretinary r cnditinal use, as f right use, in primary dwellings, in accessry building, fr a specific ccupant and thrugh varius licensing r permit prcedures. Generally, the fremst cnditins that must be cnsidered are zning issues, including: wner-ccupancy ptins, additinal ff-street parking, allwable znes, and the size and number f units per husehld; Licensing and permitting fees, including: registratin and inspectin fees, cvenants, and ther signed agreements; and lastly, the establishment and regulatin f design guidelines. The table in Appendix 1 represents a full prtrait f the varius plicies set in place in select municipalities. 1. Service Availability City f Duncan public wrks nted that as a general rule there shuld nt be a prblem with the additin f secnd suites nt lts, but that the fllwing issues regarding service availability and secnd suites may cause difficulties: Water sizing frm main t prperty line (as building inspectr will deal with n-site matters) Sewer size and grading frm main sewer t the prperty line Hw the increase in density might affect the water mdel f the verall system In additin, the Directr f Public Wrks said nted that if a bylaw was t be put in place, he wuld like t see it written in a way that will give us enugh leeway t prescribe requirements fr ne-ff and unique situatins. His main cncern is that he wuld be cnstrained and nt be able t adequately asses each lt as necessary. There is als cncern regarding the existing grade f sanitary services. We have hmes that currently cannt meet their current need fr sewer flw, let alne adding an additinal residence t them. 2. Lcatin Cnsideratins 2.1 In Which Zne Districts Will Accessry Dwelling Units be Lcated? 9
The mst cmmn apprach is t allw accessry units thrughut all single-family znes and in single-family dwellings lcated in multi-family znes. Sme municipalities allw suites in all single-family areas except in a certain neighburhd r area (i.e. the Resrt Municipality f Whistler and Prt Cquitlam). Secndary suites are generally nt allwed in cnjunctin with duplex use r ther multi-family residential buildings. The CMHC recently cmpleted a study which identifies zning regulatins in municipalities and summarizes the prvisins fr secndary suites. The study nted that secndary suites are permitted in the entire urban area r in certain lcatins in 220 f 404 municipalities. The Prvince s Secndary Suites Guide recmmends as a best practice that a cnsistent apprach be used thrughut a municipality. Fr example, if suites are allwed in all detached hmes it creates a sense f fairness and simplicity, and a cnsistent apprach is easier t understand. Please refer t the Implementatin Strategy sectin at the end f this reprt fr a matrix f prpsed lcatin cnsideratins fr accessry dwelling units in Duncan. 2.2 Pssible Hazard Land Cnstraints Because f the steep slpe and fldplain hazard lands lcated within Duncan, certain cnsideratins must be given t these areas if an amendment t the zning bylaw is made. Demanding particular attentin is the fldplain area that culd prduce detrimental situatins if basement suites r any ther unsund building practices are pursued as part f accessry dwelling cnstructin r alteratin. The fldplain area is lcated in the eastern prtin f the City and is held t different standards and regulatins. Flding is a ptential hazard, in particular alng the Cwichan River. While specific develpment permits are already required fr this area fr cnstructin, there will need t be anther set f regulatins gverning the additin f accessry dwelling units. In particular, these regulatins must explicitly restrict any basement secndary units in the fldplain area. 3. Lt Area and Secndary Suite Type Cnsideratins Municipalities typically use zning bylaws t cnfirm the BC Building Cde limitatin that a maximum f ne suite is allwed per dwelling n unit r prperty. Accessry units are mst ften nt allwed in duplexes. The fllwing table prduced by the Qualicum Beach Secndary Suites Study gives examples f regulatins fr lt size in select municipalities. Table 4. Regulatins fr Lt Sizes Central Saanich View Ryal Anmre Nelsn In residential areas, a lt wuld have t be at least 660 m2 (7,104 sq ft), similar t the minimum lt size in the R-2 and RM-1 znes. Secndary suites are nly permitted n lts that are at least 650m2 in area. Minimum lt size f ne acre. Nt allwed in znes with smaller than minimum lt size. 4. Size f Accessry Dwelling Units Surce: Qualicum Beach Secndary Suites Study The mst cmmn apprach is t limit the maximum size f secndary suites t the maximum specified in the BC Building Cde: 90 square metres, ccupying nt mre than 40% f the habitable flr space f the building. 10
Sme municipalities vary in their suite size requirements. Fr example, the Village f Anmre has a maximum f 100 square metres; Saanich calculates flr area as the ttal space between exterir walls, nt the sum f the area f each individual rm and nt including cmmn areas such as laundry. Other municipalities require that secndary suites can nly be created in dwelling units where there is a minimum lt size. Mst jurisdictins specify that the secndary suite shuld cntain at least sleeping facilities, a bathrm and cking facilities that are fr the exclusive use f the ccupant (s) f the suite. Sme jurisdictins give minimum flr area regulatins and limits n the number f rms, seen belw: Table 5. Minimum Flr Area Regulatins (Qualicum Beach Study) Nrth Vancuver Minimum flr space f 38 square metres (400 sq ft) Whistler Minimum f 32.5 sq metres (349.8) Victria New Westminster Anmre Minimum f 46.1 square metres (496 sq ft) Minimum f 38 square metres (400 square feet) Minimum flr area f 42 square metres and maximum f 100 square metres. Table 6. Limitatins n Number f Rms (Qualicum Beach Study) Whistler Central Saanich Nanaim Ucluelet Up t tw bedrms, tw bath, ne living rm, ne kitchen. At least tw rms including a bedrm, cking facility, and bathrm. One r mre habitable rms, but nt mre than tw bedrms and ne cking facility. N mre than tw bedrms. Surce: Qualicum Beach Secndary Suites Study 5. Develpment Cst Charges Develpment Cst Charges (DCCs) culd be seen as a disincentive if we are lking t create mre affrdable husing thrugh the legalizatin f secndary suites. Further, there will be a high cst t the City in staff time and legal csts if DCCs result in peple aviding the legalizatin f accessry suites. Fr these reasns it is recmmended that DCCs nt be applied as a cnditin t the legalizatin f suites in Duncan. The Twn f Qualicum Beach fund DCCs t be a very cntentius issue, and it was finally determined that anything under $50,000 cnstructin value wuld nt pay DCCs. Due t this, many suite renvatins d nt have pay any DCC fees. 6. Occupancy Cnditins Occupancy cnditins relate t whether the wner-ccupier must reside either in the primary dwelling r the secndary suite n the subject prperty. Municipalities appear t be divided n the questin f requiring wner ccupancy. Maple Ridge, Abbtsfrd, Nrth Vancuver and Surrey are municipalities that require the wner/ccupier t reside either in the main residence r in the accessry suite. New Westminster and White Rck d nt require that the wner/ccupier reside in either dwelling. 11
Owner-ccupied principal units are ften seen t minimize the negative impacts f additinal dwelling units because the wner has cntrl ver cnduct f tenant and prperty; where wner ccupancy is required it is cmmn fr lcal gvernment t require ntarized affidavits and cvenants. Hwever, mnitring wnerccupancy can be difficult, and may serve as a disincentive fr sme. In additin, smetimes small landlrds are unfamiliar with tenant respnsibilities under the Residential Tenancy Act, and this can create issues with harassment/illegal entry (Tenant Rights Actin Calitin Survey). The Table belw prvides examples f wnerccupancy prvisins in varius municipalities. Table 7. Examples f Owner-Occupancy Prvisins Abbtsfrd City f Nrth Vancuver Central Saanich Surrey New Westminster View Ryal Parksville Langley One suite per wner-ccupied dwelling unit Secndary suites are nly allwed where the wner f the building lives in the building. The wner f the prperty must live in the huse with the secndary suite. Every wner wh h as btained a permit under this sectin shall, within ne week f receiving written ntice t d s, prvide a statutry declaratin indicating that the dwelling unit cntinues t be wner-ccupied. Secndary suites are permitted within the structure f an wner-ccupied single family dwelling. Business license fr nn-wner ccupied hmes with a secndary suite Secndary suites are nly permitted in wner-ccupied hmes The wner f the prperty must reside n the prperty (this is currently under review) The registered wner f the prperty must live in either the primary unit (the main area f the huse) r the secndary suite. Owner ccupancy is cnfirmed by verifying infrmatin frm Hmewner Grant applicatins. Surce: Qualicum Beach Secndary Suites Study 7. Parking Parking tends t be the mst cntrversial issue in regards t accessry dwelling units. Many municipalities have requirements fr ne ff-street parking space n tp f the tw spaces required fr single-family dwellings. Accrding t the Qualicum Beach Secndary Suites Study, a grwing number f municipalities are cnsidering reducing r eliminating this requirement. The majr mtivatin behind ablishing parking requirements include the implementatin f Smart Grwth principles and the impact n husing affrdability, as it has been estimated that requiring tw parking spaces per husing unit increases husing develpment csts by $10,000 t $30,000 per unit cmpared t single parking space requirements. A 1999 Research Reprt prepared by the CMHC (The Impact f Secndary Suites n Municipal Infrastructure and Services) lked at the impact f secndary suites n parking. The findings cncluded that: It wuld appear the issue f parking fr secndary suites is nt as much a prblem as peple fear. Municipalities such as Ucluelet, Victria, Prt-Cquitlam and Gibsns have ff-site parking regulatins in attempts t reduce the number f driveways and save green space. Central Saanich, Gibsns and View Ryal have parking surface regulatins that require permeable surfaces such as gravel, blck pavers, grass pavers and permeable pavers. The table belw is a synpsis f general requirements in select municipalities: 12
Table 8. Parking Requirements in Select Municipalities Nelsn Vancuver Central Saanich New Westminster Nanaim Kelwna Qualicum Beach Number f bedrms determines number f additinal parking spaces required (ne parking space is required fr suites with up t tw bedrms) Huses built befre March 23, 2004-ne n-site parking space will be accepted. Huses built after March 2004 require 2 n-site parking spaces (ne fr primary dwelling and ne fr secndary suite) One additinal n-site parking space; the tw parking spaces fr the dwelling unit may be parked in tandem but the suite parking must be separate and accessible at all times. One additinal n-site parking space One additinal n-site parking space One additinal n-site parking space One additinal n-site parking space Surce:Urban Aspects, Qualicum Beach Secndary Suites Study 8. Architecture & Develpment Permits Develpment permits reflect issues that may cme up with the fldplain, Hazard land Develpment Permit Areas (DPAs), and ther DPAs. The fllwing will need t be cnsidered further: Fldplain: Basement secndary suites shuld be prhibited, will allw granny flats r carriage huses built t prper fldplain guidelines; Develpment Permit Area: Are nt required utside f hazard fldplain DPA areas; develpment permits d nt apply t single-family r duplex dwellings; Hazard Lands Develpment Permit Area: Will be handled as per hazard cnditins. Architecture and design guidelines will be an imprtant cnditin t tie t the legalizatin f secndary suites. It is imprtant that the additin f accessry suites des nt cmprmise the frm and character f residential neighburhds. The fllwing shuld be clsely cnsidered: Frm and Character: What will the suites lk like, and hw will they fit in with existing streetscapes and neighburhds; what will the visual impact f secndary suites be? Arguably they have less impact n neighburhd character than the intrductin f new multi-family develpments, but they must be regulated; Central Saanich has required that the building exterir f suites is cnsistent with the frm and appearance f residential Single Family buildings in the area; New Westminster has develped mandatry requirements that use flexible design standards and a pints system. Cmmunity Ambience: Design guidelines will need t be established. Fr example, fld plain areas will require buildings t be higher, and if we allw units ver garages there may be an issue with buildings lming ver neighburing prperties and cnsideratins will have t be given t privacy, building height and massing. Entranceways: Pssible regulatins fr entranceways; discuss ptins fr side r rear entranceways. Setback Regulatins: Setback regulatins shuld be set fr detached secndary suite buildings. 13
SUMMARY OF OPTIONS The legalizatin f secndary suites is in line with many f the bjectives set ut in Duncan s Official Cmmunity Plan. These include gals t create mre density, increase rental stck, and prmte sustainable alternatives such as active transprtatin. Accrdingly, it is strngly suggested that City staff and Cuncil pursue this ptin as a replacement t the current prcess f retractive enfrcement f illegal suites. A well managed secndary suites prgram will benefit hmewners, renters, yung families and singles thrughut Duncan. Advantages include the prvisin f mre affrdable rental pricing, the creatin f mrtgage helpers fr hmewners, and safer and imprved rental units. It will allw the City greater cntrl ver these suites that will cntinue t exist regardless. Mst imprtantly, the establishment f a suites prgram demnstrates that Duncan is cmmitted t meeting bjectives and plicies set ut in its Official Cmmunity Plan. As discussed in this reprt, if the legalizatin f secndary suites is t be pursued in Duncan, certain cnditins must be included in the bylaw amendment. Accrding t best practices and experiences in ther municipalities, it appears that zning issues are the mst critical cnditins and vary depending n the municipal cntext. Particular attentin must be paid t the fllwing: Which znes secndary suites will be permitted in; Parking requirements (n and ff street); Owner-ccupancy requirements; Lcatin within principle building r accessry building; and What setback requirements, if any, will be created if we allw granny flats and carriage huses; and In Duncan, particular attentin must be paid t fldplain lands and a cmplementary permit prcess develped. BYLAW PREPARATION The fllwing are necessary steps in the legalizatin prcess fr secndary suites: Draft Bylaw: See table 9 belw fr summary f suggested zning changes accrding t suite types and allwable zne districts. Presentatin t Cmmittee f the Whle fr Directin: Present reprt t cmmittee f the whle t establish their cmmitment and gauge next steps fr bylaw preparatin. Public frum: Public engagement will take the frm f an infrmative pen huse held in early 2011. Shuld be able t field questins regarding secndary suites and gauge public pinin and cncerns. Culd include presentatin and walk thrugh with infrmatin bards. Bylaw Prepared: Will require changes pertaining t Residential Znes and Administratin and Enfrcement in the existing zning bylaw. Table 9. City f Duncan: Accessry Dwelling Units Zning Bylaw Update 14
Zne Districts Accessry Dwelling Units Types R-1 R-2 RM-1 Fldplain Secndary Suite x Granny Flat x x x Carriage Huse /Garage IMPLEMENTATION STRATEGY 1. Optins fr Legalizing Municipalities must chse incentive r disincentive methds in the legalizatin f accessry dwelling units. Disincentive strategy might include a fine fr suites that d nt cnvert t meet cde standards after a certain time perid. Incentive strategies can include financial incentives r rebates fr peple t cnvert suites during a ne year transitin perid. Anther pssibility is a ne year transitin perid in which building and inspectin fees are waived; after this ne year perid it may be beneficial fr the City t becme mre practive arund illegal suites and require these suites t be inspected and registered with the City r remved. Table 10. Incentive Strategies in Select Municipalities City f Cquitlam Gibsns Nrth Vancuver Whistler When the City becmes aware f an unauthrized suite, it ntifies the wner that the 100% increase in the utility charge can be lwered t 40% if the suite is legalized. Building Cde equivalencies have reduced the cst f legalizing by up t 60% A number f incentives applied, including: Reducing the annual fee if the suite is made cmpliant Waiving annual fee if rent is affrdable Using life safety guidelines t reduce cst Prviding guidelines fr hmewners and develpers f new singlefamily huses t encurage suite-readiness Breaks n prperty taxes Break n utility charges fr a perid f time (r charge mre fr illegal suites rather than illegal suites) Offers density bnus f up t 56m2 fr inclusin f a suite with prtected rent 15
Prt Mdy In new develpments, a certain % f detached hmes are required t have secndary suites Used a sft launch apprach, prgram entails a perid f time fr vluntary registratin and payment f utility charges required Surce: Qualicum Beach Secndary Suites Study 2. Licensing/Permits It is advised that secndary suites be inspected in Duncan. The City shuld underg an initial inspectin fr secndary suites t ensure cmpliance with the BC Building Cde, zning bylaw and ther regulatins. Secndary suites must be registered with the City nce an inspectin has been cmpleted and they are cmpliant with the new bylaw. An applicatin prcess with the City will need t be develped as peple apply t legalize their suites; this culd take the frm f an additinal bx n the building permit applicatin frm. 3. Inspectins As abve, inspectins will need t ccur during the legalizatin prcess and suites will be added t the City s register if they are legal. One pssible ptin is that after a ne year transitin perid, dwellings that have nt cmplied with legalizatin prcess will have t be inspected again t ensure that secnd suites have been remved r imprved and registered. NEXT STEPS FOR DUNCAN S ACCESSORY SUITES PROGRAM 1) Reprt t cmmittee f the whle (RFD) 2) City Cuncil wrkshp 3) Public pen huse/infrmatin meeting with tpics f Frequently Asked Questins r Demystifying Accessry Dwelling Units 4) Draft bylaw 16
APPENDIX 1 Table: Secndary Suites Plicies in Select Municipalities 17