Citation

1.1   (1.1.1) This bylaw may be cited as "Development Application Procedures Bylaw No. 2521- 2016".

Interpretation

1.2   (1.2.1) Schedule "A" contains definitions of terms used in this Bylaw and where not defined are interpreted consistently with the Community Charter and the Local Government Act.

(1.2.2) A reference to any statute, regulation or Bylaw refers to that enactment as it may be amended or replaced from time to time.

(1.2.3) Words in the singular include the plural and gender specific terms include both genders and include corporations.

(1.2.4) The headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of this Bylaw.

(1.2.5) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Scope of bylaw

1.3   (1.3.1) This Bylaw applies to an application to

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(a) amend the City's Official Community Plan Bylaw, 2016 or Zoning Bylaw, 2014,

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(b) amend or discharge a land use contract by bylaw,

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(c) enter into a housing agreement,

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(d) issue or amend a development permit,

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(e) issue, amend or renew a commercial or industrial temporary use permit,

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(f) issue or amend an heritage alteration permit,

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(g) issue or amend a development variance permit,

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(h) obtain comments on a liquor license application or an endorsement application or their amendment or renewal,

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(i) obtain a decision on a strata title conversion for a previously occupied residential building,

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(j) obtain a decision on a strata title conversion for a previously occupied commercial or industrial building,

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(k) obtain a decision on an agricultural land commission application,

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(l) obtain a decision to amend or discharge a registered legal agreement,

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(m) obtain comments on telecommunication tower applications or their amendment or renewal,

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(n) obtain comments or recommendations on an application to issue or amend a licence in accordance with section 33 [Recommendations of local government or Indigenous nation] of Cannabis Control and Licensing Act, or

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(o) issue or amend a sidewalk patio permit.

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Authority of General Manager to provide forms

1.4   (1.4.1) The General Manager is authorized to create, update and amend the forms for development applications, Permits and other administrative forms associated with the processing and review of the applications under this Bylaw, from time to time.

Delegation of powers

2.1   (2.1.1) In accordance with the Local Government Act, Council delegates to the Director the power to:

(a) issue development permits, temporary commercial or industrial use permits and heritage alteration permits and sidewalk patio permits and amendments or renewals thereof; and

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(b) require the Applicant for a Permit to provide a security in an amount determined, in accordance with the guidelines of this Bylaw.

(2.1.2) In accordance with the Strata Property Act, Council delegates to the director, the power to approve an application to deposit a strata plan for the conversion of a previously occupied commercial or industrial building.

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(2.1.3) In accordance with the Liquor Control and Licensing Act, Council delegates to the General Manager the power to provide comments on a liquor license endorsement application for a temporary use area and or special event area and their amendments and renewals.

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(2.1.4) Notwithstanding Section 2.1.1 (a), an application for a development permit, temporary commercial or industrial use permit or heritage alteration permit, which includes a development variance permit will be referred to Council and dealt with in the manner of a development variance permit.

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(2.1.5) A Permit authorized for issuance by either Council or the Director will only be issued when the Permittee first, in writing, acknowledges and agrees to abide by the terms and conditions of the Permit.

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Application refusal and reconsideration

2.2   (1) The director will notify an applicant in writing at the applicant's last known address within 10 days of a decision by Council not to approve an application under this bylaw.

(2) The director will provide an applicant with written reasons at the applicant's last known address within 10 days for the denial of an application for a permit, strata title conversion for a previously occupied commercial or industrial building, or a registered legal agreement appeal.

(3) The owner of land subject to a decision to deny an application under subsection (2) may request a reconsideration by Council in accordance with the Appeal Procedure Bylaw.

(4) A person may not submit an application within 6 months of a substantially similar application having been denied, lapsed or closed in accordance with this bylaw.

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Application submission

2.3   (2.3.1) In accordance with the Liquor Control and Licensing Act, Council delegates to the General Manager the power to provide comments on a liquor license endorsement application for a temporary use area and or special event area and their amendments and renewals.

(2.3.2) All applications under this Bylaw must be:

(a) submitted to the Planning and Development Services Department on the application form provided by the City;

(b) signed by the Owner;

(c) accompanied by the supporting documentation and attachments prescribed on the application form; and

(d) accompanied by the applicable application fee, prescribed in the City's Development Application and Service Fee Bylaw, 2010.

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(2.3.2.1) In addition to the requirements set out in section 2.3.2, each application for a Provincial Non-Medical Cannabis Retail Licence Application must include:

(a) a site plan identifying the proposed Cannabis Store location, including proposed access, parking and loading areas;

(b) evidence that the applicant owns, leases or has an agreement to purchase or lease the commercial unit or building in which the Cannabis Store is proposed to be located;

(c) evidence that the applicant has applied to the Liquor and Cannabis Regulation Branch in respect of a retail store licence;

(d) the floor plan for the proposed Cannabis Store;

(e) drawings or renderings of the interior and exterior of the proposed Cannabis Store;

(f) evidence that the proposed Cannabis Store layout and security program comply with provincial requirements;

(g) the applicant's business experience, including relevant experience in a federally or provincially regulated sector or industry subject to age restrictions;

(h) a declaration that the applicant, or any of its principals or affiliates, are not engaged in the unauthorized sale or distribution of cannabis;

(i) disclosure of any unpaid fines for which the applicant, or any of its principals or affiliates, is liable in respect of City bylaw contraventions other than those for which the time limit for adjudication has not yet expired.

(j) evidence that the proposed Cannabis Store branding complies with provincial requirements and the City's Sign Bylaw.

(2.3.2.2) In addition to the requirements set out in section 2.3.2 and section 2.3.2.1, each application for a Provincial Non-Medical Cannabis Retail Licence Application may include:

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(a) a description of proposed measures to mitigate potential adverse impacts of the proposed Cannabis Store on nearby stores and buildings and on the following sensitive land uses:

(i) elementary, middle and secondary schools;

(ii) municipal parks;

(iii) municipal recreation facilities;

(iv) child care facilities;

(v) emergency shelters;

(ci) recovery facilities for vulnerable populations;

(b) information concerning the extent to which the proposed Cannabis Store employs best practices for Crime Prevention Through Environmental Design (CPTED);

(c) details of the proposed Cannabis Store's business operations, including

(i) store hours,

(ii) staffing,

(iii) training,

(iv) procedures to prevent service to minors, and

(v) procedures to prevent cannabis consumption in or near the Cannabis Store;

(d) any other information relevant to the City's consideration of the application.

(2.3.3) Applications not accompanied by the supporting documentation and attachments, prescribed on the application form provided by the City, will not be accepted. Where an Applicant submits an incomplete application, the Applicant will be notified of the application deficiencies, and the application will be accepted for review once the deficiencies have been addressed. Despite the foregoing, if in the opinion of the Director, the content of the application is sufficient to proceed with review despite its deficiencies, the application will be considered to be made in conformance with this Bylaw.

Lapse of application

2.4   (2.4.1) Unless otherwise stated in this Bylaw, and except for a subdivision application, all applications made in conformance with this Bylaw that have not been considered by Council or the Director or Approving Officer, as applicable or in accordance with applicable provincial legislation, within one (1) year following the application submission date, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days.

(2.4.2) Further to Sections 2.4.3 to 2.4.6, where an extension has been granted, the Applicant will be notified in writing at the end of the extension period that the application will be closed in 60 days.

(2.4.3) Where a bylaw amendment application is made, in conformance with this Bylaw, and the bylaw that is the subject of the application has not received first reading within one (1) year following the issuance of the First Review Letter, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time six (6) month extension may be granted at the discretion of the General Manager.

(2.4.4) Further to Section 2.4.3, where a bylaw is given first reading within the one (1) year following the issuance of the First Review Letter, the application will be deemed active and will remain open for one (1) year following the third reading date. Where the bylaw is not adopted within the one (1) year following the third reading date, the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time one (1) year extension may be granted at the discretion of the General Manager.

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(2.4.5) Where a Permit application is made, in conformance with this Bylaw, and the Permit that is the subject of the application has not been authorized for issuance within the one (1) year following the issuance of the First Review Letter, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time six (6) month extension may be granted at the discretion of the General Manager.

(2.4.6) Further to Section 2.4.5, where a Permit has been authorized for issuance within the one (1) year following the issuance of the First Review Letter, the application will be deemed active and will remain open for one (1) year following the Permit authorization date. Where the Permit is not issued within the one (1) year following the Permit authorization date, the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time one (1) year extension may be granted at the discretion of the General Manager.

Application fee refund

2.5   (2.5.1) Application fees will be refunded in accordance with the City's Development Application and Service Fee Bylaw, 2010.

Report

2.6   (2.6.1) Where Council is to consider an application made in conformance with this Bylaw, Council will be provided with a report authorized by the General Manager.

(2.6.2) Where the Director is to consider an application made in conformance with this Bylaw, the Director will be provided with a staff report, in a format acceptable to the Director;

Notification and consultation

3.1   (3.1.1) All applications under this Bylaw are subject to notification and consultation, in accordance with Table 1, as set out in Schedule "B", Notification and Consultation Requirements by Application Type, and Sections 3.1.2 to 3.1.19 below, as applicable.

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(3.1.2) In addition to any consultation or referrals required by statute, every application will be referred to private utilities, agencies, organizations and senior government, for review and comment, as deemed appropriate by the Director.

(3.1.3) Official Community Plan applications will be presented for public review at a City hosted information meeting, prior to proceeding for Council consideration.

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(3.1.4) The information meeting required under Section 3.1.3 will be open to the public.

(3.1.5) The City will publish notice of an information meeting in a newspaper, at least three (3) and not more than 14 days, before the scheduled information meeting.

(3.1.6) The City will publish notice of each zoning bylaw amendment and Official Community Plan amendment in accordance with the Local Government Act.

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(3.1.7) The City will publish notice of a Planning Hearing in a newspaper, at least three (3) and not more than 14 days, before the date of the scheduled Planning Hearing.

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(3.1.8) Written notification of an information meeting will be mailed, or otherwise delivered, to the Owners and tenants in occupation of all lots:

(a) any part of which is the subject of the bylaw;

(b) any part of which is both in the Agricultural Land Reserve and within 500 m of the area subject to the bylaw;

(c) any part of which is both outside the Agricultural Land Reserve and within 250 m of the area subject to an Official Community Plan bylaw amendment;

(d) any part of which is both outside the Agricultural Land Reserve and within 100 m of the area subject to a housing agreement bylaw;

(e) any part lying beyond the notification radii in Sections 3.1.8 (b), (c) and (d) that the Director, exercising reasonable judgement, deems appropriate to include; and

(f) at least ten (10) days before the date of the scheduled information meeting.

(3.1.9) Written notification of a public hearing to be held, waived or prohibited in respect of a zoning bylaw amendment or Official Community Plan amendment will be mailed, or otherwise delivered, to the Owners and tenants in occupation of all lots:

(a) any part of which is the subject of the bylaw;

(b) any part of which is both in the Agricultural Land Reserve and within 500 m of the area subject to the bylaw any part of which is both outside the Agricultural Land Reserve and within 250m of the area subject to an Official Community Plan bylaw amendment;

(c) any part of which is both outside the Agricultural Land Reserve and within 100m of the area subject to a zoning bylaw amendment;

(d) any part lying beyond the notification radii in Section 3.1.9 (b) and (c) that the Director, exercising reasonable judgement, deems appropriate to include; and

(e) in accordance with the time limits established by the Local Government Act.

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(3.1.10) Repealed

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(3.1.11) Written notification of a Council hearing will be mailed, or otherwise delivered, to the Owners and tenants in occupation of all lots:

(a) any part of which is the subject of the application;

(b) any part of which abuts or would abut the land that is the subject of the application were it not for an intervening road allowance, lane or pedestrian walkway;

(c) any part lying beyond the notification radii in Sections 3.1.11 (a) and (b) that the Director, exercising reasonable judgement, deems appropriate to include; and

(d) at least ten (10) days before the date of the scheduled Council hearing.

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(3.1.12) Written notification for a Planning Hearing will be mailed, or otherwise delivered, in accordance with Section 3.1.11

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(3.1.13) The Applicant for an application to amend the Zoning Maps, or to amend or discharge a land use contract (excluding a bylaw amendment to consider a suite), must, at their sole expense erect a sign or signs on the land that is subject to the application.

(3.1.14) Signage required under Section 3.1.13 must be:

(a) erected after the submission of a rezoning application and at least 4 weeks before a bylaw amendment application advancing to Council;

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(b) posted centrally on the frontage of the land and multiple signs must be posted where the lands have frontage on multiple streets;

(c) despite Section 3.1.14 b), where the land is a corner lot of less than 1000 m2 in size, one sign may be posted on the corner of the land;

(d) Repealed

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(e) developed in accordance with the specifications and requirements provided by the General Manager;

(f) maintained and updated as necessary to reflect changes to the application;

(g) visible on the lands until such time as the bylaw amendment application is withdrawn by the Applicant, closed by the City, denied by Council or implemented through the adoption of the bylaw amendment application; or until such a time as the subdivision application is withdrawn by the Applicant, denied or approved by the City's Approving Officer, as applicable;

(h) removed from the lands within 30 days of the finalization of the application.

(3.1.15) The Applicant must provide the Planning and Development Services Department with photographic evidence that any signs required by this Bylaw have been installed in accordance with Section 3.1.14.

(3.1.16) If an Applicant fails to post the required sign, Council may postpone its consideration of the application and the Applicant must pay all the City's costs of public notification as a result of such postponement.

(3.1.17) Development notification signage is not required where the amendment of the Zoning Map is initiated by the City and the City does not own the land; or where the amendment of the Zoning Map affects ten (10) or more parcels owned by ten (10) or more persons.

(3.1.18) During a disruption in postal service affecting the mailing of notifications required under this bylaw, the Applicant must elect whether to:.

(a) postpone consideration of the application until the notification may be mailed, or

(b) agree to pay the cost of commercial courier delivery of the notices required under this bylaw.

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(3.1.19) Further to Section 3.1.18, the Applicant must post a security deposit for the costs of a commercial courier for delivery to all local property Owners and residents subject to notification and to all non-resident property Owners.

(3.1.20) Despite anything in this bylaw, a public hearing is not required if the City decides not to hold, or is prohibited from holding, a public hearing in accordance with the Local Government Act.

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Security deposit

4.1   (4.1.1) Where a development permit is required, in accordance with the Official Community Plan, for reasons of protection of the natural environment, ecosystems and biological diversity, or the protection of development from hazardous conditions, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.2) The security deposit required under Section 4.1.1 will be determined by the Director, as follows:

(a) for the installation, maintenance and monitoring of erosion and sediment control measures, in accordance with the City's Erosion and Sediment Control Bylaw, 2006; and for the completion of mass lot grading, in accordance with an accepted plan, an amount equal to $12,000 per hectare of land proposed to be developed or $10,000, whichever is greater;

(b) for works limited to tree felling only, excluding any earth works, an amount equal to $3,000 per hectare of land subject to tree felling and the cost of all replacement trees; and

(c) for the completion of all other works, including Subsections (i) to (vii), the security deposit will be determined by an itemized cost estimate prepared by the Permittee's registered professional engineer or other Qualified Professional, as applicable:

(i) completion of geotechnical works necessary to protect the site from hazardous conditions;

(ii) installation of tree protection fencing and other temporary fencing;

(iii) installation of permanent fencing and signage for the protection of the natural environment;

(iv) installation, maintenance and monitoring replacement trees;

(v) implementation of specific plant and wildlife mitigation measures such as species salvages, wildlife tunnels, etc.;

(vi) installation, maintenance and monitoring of habitat enhancement, mitigation or restoration works; and

(vii) installation, maintenance and monitoring of physical works within a streamside protection and enhancement area.

(4.1.3) Where a development permit is required for reasons of establishing objectives for the form and character of multi-family, commercial and industrial developments, including a requirement to undertake landscaping works, including soft landscaping (such as trees, hedges, planting beds, vines, lawn, etc.), hard landscaping (such as pavers, brick, concrete, sculptures, retaining walls, etc.), and landscape structures (such as fences, trellis, arbours, retaining walls, lighting, etc.), the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.4) The security deposit, required under Section 4.1.3, will be determined by an itemized cost estimate prepared by the Permittee's registered British Columbia landscape architect, or other Qualified Professional, as applicable, for the purchase, installation, maintenance and monitoring of the landscaping works.

(4.1.5) Where a development permit is required for the protection of farming from impact associated with urban development, including a requirement to establish a landscape buffer, which may include vegetation, fencing, berms, swales and trails, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.6) The security deposit, required under Section 4.1.5, will be determined by an itemized cost estimate prepared by the Permittee's registered British Columbia landscape architect, or other Qualified Professional, as applicable, for the purchase, installation, maintenance and monitoring of the agricultural buffer.

(4.1.7) Where a heritage alteration permit is required for the preservation of land, buildings and structures located within a heritage conservation area, including a requirement to establish landscaping, or develop a building or land in a specific manner in order to comply with guidelines specific to a heritage conservation area, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.8) The security deposit, required under Section 4.1.7, will be determined by an itemized cost estimate prepared by the Permittee's registered British Columbia landscape architect, registered architect, or other Qualified Professional, as applicable.

(4.1.9) Where a commercial or industrial temporary use permit is required to allow a commercial or industrial use to operate on land that would otherwise be prohibited under the City's Zoning Bylaw, 2014, and the Permit includes a requirement to undertake landscaping works or other works necessary to avoid damage to the natural environment or to prevent an unsafe condition on the land, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.10) The security deposit, required under Section 4.1.9, will be determined by an itemized cost estimate prepared by the Permittees registered British Columbia landscape architect, registered architect, registered professional engineer or other Qualified Professional, as applicable

Security form and payment

4.2   (4.2.1) The security deposit, required under Sections 4.1.1 to 4.1.10, will be provided to the City prior to issuance of the development permit, heritage alteration permit or a commercial or industrial temporary use permit, and must be in the form of an irrevocable letter of credit or other form of security satisfactory to the Director of Finance, and must include a 10% contingency.

Inspection fees

4.3   (4.3.1) To cover the cost of periodic municipal inspections of the work to be undertaken under the terms of a development Permit, heritage alteration permit or a commercial or industrial temporary use permit, inspection fees must be provided, in accordance with City's Development Application and Service Fee Bylaw, 2010.

Release of security

4.4   (4.4.1) Upon receipt of a final inspection form and a sealed final inspection report from the Permittee's registered professional engineer, Qualified Environmental Professional or other Qualified Professional, as applicable, the security, required under Sections 4.1.1 to 4.1.2, may be reduced proportionately as areas of the site are completed and accepted by the General Manager, Engineering and Regional Utilities, and the Director of Development Planning, as applicable, unless otherwise specified under the terms and conditions of the development permit.

(4.4.2) Upon receipt of final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from another Qualified Professional, as applicable, the security deposit, required under Sections 4.1.3 to 4.1.4, may be reduced proportionately as areas of the site are completed and accepted by the Director up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.3) Further to Section 4.4.2, the City will retain 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

(4.4.4) Upon receipt of a final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from another Qualified Professional, as applicable, the security deposit, required under Sections 4.1.5 to 4.1.6, may be reduced proportionately as areas of the site are completed and accepted by the Director up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.5) Further to Section 4.4.4, the City will retain a 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

(4.4.6) Upon receipt of a final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from another Qualified Professional, as applicable, the security deposit, required under Sections 4.1.7 to 4.1.8, may be reduced proportionately as areas of the site or portions of the building or structure are completed and accepted by the Director or the Director, Building and Development Engineering, as applicable, up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.7) Further to Section 4.4.6, the City will retain 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

(4.4.8) Upon receipt of a final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from a registered professional engineer or other Qualified Professional, as applicable, the security deposit required under Sections 4.1.9 to 4.1.10, may be reduced proportionately as areas of the site or portions of the building or structure are completed and accepted by the Director, General Manager or Director, Building and Development Engineering, as applicable, up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.9) Further to Section 4.4.8, the City will retain 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

Administration

5.1   (5.1.1) A copy of all Permits and Permit amendments issued by the City will be retained by the Planning and Development Services Department, who will make the same available for perusal by any member of the public upon request during normal business hours.

Repeal

6.1   Bylaw No. 830-1999, Development Application Procedures Bylaw; 215-96, Heritage Alteration Permit Application Procedures Bylaw; and 1914-2009, Delegation of Council Authority Bylaw, and any and all amendments, are hereby repealed.