Development Permit, Development Variance Permit and Temporary Commercial and Industrial Use Permit Procedure - Bylaw 7273 (2002) — full text

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7295856 CITY OF RICHMOND DEVELOPMENT PERMIT, DEVELOPMENT VARIANCE PERMIT AND TEMPORARY COMMERCIAL AND INDUSTRIAL USE PERMIT PROCEDURE BYLAW NO. 7273 EFFECTIVE DATE - JUNE 24, 2002 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW DATE OF ADOPTION EFFECTIVE DATE (If different from Date of Adoption) Bylaw No. 8923 November 26, 2012 Bylaw No. 10031 May 27, 2019 Bylaw No. 10005 March 16, 2020 Bylaw No. 10264 May 10, 2021 Bylaw No. 10366 May 16, 2022 Bylaw No. 9843 November 14, 2022 Bylaw No. 10451 May 15, 2023 7295856 CITY OF RICHMOND DEVELOPMENT PERMIT, DEVELOPMENT VARIANCE PERMIT AND TEMPORARY COMMERCIAL AND INDUSTRIAL USE PERMIT PROCEDURE BYLAW NO. 7273 TABLE OF CONTENTS PART ONE - PERMIT APPLICATION PROCEDURE 1.1 Duties of an Applicant ....................................................................................... 1 1.2 Sign Posting Requirements - Development Permits, Development Variance Permits, and Temporary Use Permits .............................................. 2 PART TWO - PROCESSING OF PERMIT APPLICATIONS BY THE MANAGER OF DEVELOPMENT APPLICATIONS 2.1 General Responsibility ...................................................................................... 3 2.2 Processing Development Permit Applications ............................................... 3 2.3 Processing Development Variance Permit Applications ............................... 3 2.4 Processing Temporary Use Permit Applications ............................................ 3 PART THREE - NOTIFICATION OF PROPERTY OWNERS AND OCCUPIERS 3.1 Development Permits and Development Variance Permits - Notice Requirements ......................................................................................... 4 3.2 Temporary Use Permits - Notice Requirements ............................................. 5 PART FOUR - THE DEVELOPMENT PERMIT PANEL 4.1 Establishment of the Development Permit Panel ........................................... 5 4.2 Quorum and Membership and Chair ................................................................ 5 4.3 Duties of the Chair ............................................................................................. 5 4.4 Decisions of the Development Permit Panel ................................................... 6 PART FIVE - CONSIDERATION OF APPLICATIONS BY COUNCIL 5.1 Reporting to Council on Development Permits and Development Variance Permits ................................................................................................................ 7 5.2 Reporting to Council on Temporary Use Permits ........................................... 7 5.3 Delegation of Temporary Use Permits for Mobile Food Vendors.................. 8 5.4 Delegation of Temporary Use Permits for Seasonal Outdoor Patios.............9 5.5 Delegation of Development Permits in Steveston Village Heritage Conservation Area .................................................................................................. 11 PART SIX - CONSIDERATION OF A DEVELOPMENT PERMIT OR A DEVELOPMENT VARIANCE PERMIT AT A PUBLIC HEARING ................................................ 13 PART SEVEN - NOTIFICATION WHERE A DEVELOPMENT PERMIT APPLICATION OR DEVELOPMENT VARIANCE PERMIT APPLICATION IS REFERRED ........... 14 PART EIGHT - ISSUING OF PERMITS 8.1 Responsibilities of the City Clerk ................................................................... 14 Bylaw No. 7273 Page 3 7295856 PART NINE - CANCELLATION OF PERMITS 9.1 Request for Permit Cancellation .................................................................... 15 9.2 Processing Permit Cancellation Request ...................................................... 15 PART TEN - POSTING OF SECURITY FOR PERMITS 10.1 Establishment of Security - All Permits ........................................................ 15 10.2 Failure to Provide Security - Development Permits and Development Variance Permits .............................................................................................. 16 10.3 Failure to Provide Security - Temporary Use Permits ................................. 16 PART ELEVEN - GENERAL COMPLIANCE RULINGS ON DEVELOPMENT PERMITS 11.1 Application Procedure ..................................................................................... 17 11.2 General Compliance Rulings - Criteria .......................................................... 17 11.3 Consideration of Requests for General Compliance Rulings by the Development Permit Panel .............................................................................. 18 11.4 Consideration of Requests for General Compliance Rulings by Council .. 18 11.5 Granting of Requests for General Compliance Rulings ............................... 19 PART TWELVE - INTERPRETATION ........................................................................................... 19 PART THIRTEEN - PREVIOUS BYLAW REPEAL ........................................................................... 21 PART FOURTEEN - SEVERABILITY & CITATION ........................................................................... 21 SCHEDULE A Development Permit Sign ............................................................................... 22 SCHEDULE B Development Variance Permit Sign................................................................ 23 SCHEDULE C Temporary Use Permit Sign ............................................................................ 24 7295856 CITY OF RICHMOND DEVELOPMENT PERMIT, DEVELOPMENT VARIANCE PERMIT AND TEMPORARY COMMERCIAL AND INDUSTRIAL USE PERMIT PROCEDURE BYLAW NO. 7273 The Council of the City of Richmond enacts as follows: PART ONE: PERMIT APPLICATION PROCEDURE 1.1 Duties of an Applicant 1.1.1 An applicant wishing to obtain: (a) a development permit, (b) a development variance permit, or (c) a temporary use permit, must complete and file the appropriate application provided by the City. 1.1.2 At the time of filing an application in accordance with subsection 1.1.1, an applicant must pay to the City, the application fee specified in the Development Application Fees Bylaw, for the permit in question. 1.1.3 An applicant for a development permit must provide eight full size sets and one reduced size set of plans, perspectives, elevations, and diagrams, and a model illustrating the proposed development and its relationship to the surrounding area, for the purposes of analysis by staff and inspection by the public, unless the applicant has received written notification from the Director, Development varying this requirement. 1.1.4 An applicant for a development variance permit must provide eight full size sets and one reduced size set of plans and diagrams for the purposes of analysis by staff and inspection by the public. 1.1.5 An applicant for a temporary use permit must provide an undertaking, in accordance with the provisions of the Local Government Act, to: (a) demolish or remove any temporary buildings, structures or signs on the property in question; (b) restore the property to a condition specified in the temporary use permit; and (c) maintain and restore adjacent roads to a condition satisfactory to the City. Bylaw No. 7273 Page 2 7295856 1.1.6 Where a request for a renewal of a temporary use permit is made, the applicant must pay to the City, the renewal fee specified in the Development Application Fees Bylaw. 1.1.7 Notwithstanding subsection 1.1.5 above, an applicant for a temporary use permit for a mobile food vendor is not required to provide the undertakings set out in subsection 1.1.5. 1.2 Sign Posting Requirements - Development Permits, Development Variance Permits, and Temporary Use Permits 1.2.1 After having complied with the requirements of the applicable provisions of section 1.1, an applicant for a development permit, a development variance permit, or a temporary use permit must: (a) post a clearly visible sign on the subject site indicating the intent of the development permit, development variance permit, or temporary use permit, whichever is applicable, within three weeks of being notified of the sign requirements by the Director, Development; (b) send a digital copy of the sign to the Director, Development for review and approval prior to posting on site; (c) inform the Director, Development when such sign has been posted, before the development permit application, development variance permit application, or temporary use permit application, whichever is applicable, will be presented to the Development Permit Panel; and (d) update the sign when informed of the meeting dates that involve public input as soon as possible, and notify the Director, Development for approval when such updates have been made prior to the Development Permit Panel. 1.2.2 The sign required under the provisions of clauses (a) and (b) of subsection 1.2.1: (a) must comply with the specifications shown on Schedule A, Schedule B, or Schedule C, whichever is applicable, all of which are attached and form a part of this bylaw including the project address, the City's project file number, a general description of the proposed development, the applicant's name and contact number, the City's website address, the City's logo, a location map, a rendering image for development permits, information on public input opportunities, and a City contact for further information; and (b) does not apply to development permit applications for a granny flat or a coach house, or development permit applications applied for under subsection 5.5.1 below. 1.2.3 Notwithstanding subsection 1.2.1 above, an applicant for a temporary use permit for a mobile food vendor is not required to provide signage as set out in subsections 1.2.1 and 1.2.2. Bylaw No. 7273 Page 3 7295856 1.2.4 Notwithstanding subsection 1.2.1 above, an applicant for a temporary use permit for a seasonal outdoor patio is not required to provide signage as set out in subsections 1.2.1 and 1.2.2. PART TWO: PROCESSING OF PERMIT APPLICATIONS BY THE MANAGER OF DEVELOPMENT APPLICATIONS 2.1 General Responsibility 2.1.1 The Director, Development is responsible for processing applications for development permits, development variance permits, and temporary use permits. 2.2 Processing Development Permit Applications 2.2.1 In the case of an application for a development permit, the Director, Development must submit to the Development Permit Panel, a report consisting of a recommendation, a proposed development permit with appropriate plans, the recommendations and comments of the Advisory Design Panel, if applicable, and any other information the Director, Development considers to be relevant. 2.2.2 The Director, Development may decide not to refer a development permit application to the Advisory Design Panel where, in the opinion of the Director, Development, the application is of such a nature that review by the Advisory Design Panel is not warranted. 2.2.3 Notwithstanding subsections 2.2.1 and 2.2.2 above, the Director, Development is responsible for processing and reviewing applications for development permits under subsection 5.5.1 of this Bylaw. 2.3 Processing Development Variance Permit Applications 2.3.1 In the case of an application for a development variance permit, the Director, Development must submit to the Development Permit Panel, a report consisting of a recommendation, a proposed development variance permit with appropriate plans, and any other information the Director, Development considers to be relevant. 2.4 Processing Temporary Use Permit Applications 2.4.1 The Director, Development is responsible for processing temporary use permit applications and must present to a standing committee, a report on each such application, consisting of a recommendation, a proposed temporary use permit with appropriate undertakings signed by the applicant, and any other information the Director, Development considers to be relevant. 2.4.2 Where a request for a renewal of a temporary use permit has been made, the Director, Development must process such application generally in the same manner as an application for a new permit under subsection 2.4.1. 2.4.3 Notwithstanding subsections 2.1.1, 2.4.1 and 2.4.2 above: Bylaw No. 7273 Page 4 7295856 (a) the General Manager, Community Safety is responsible for processing and reviewing applications for temporary use permits for mobile food vendors; (b) where a request for a renewal of a temporary use permit for a mobile food vendor has been made, the General Manager, Community Safety must process and review such application generally in the same manner as an application for a new permit under subsection 2.4.3(a). 2.4.4 Notwithstanding subsections 2.1.1, 2.4.1 and 2.4.2 above: (a) the General Manager, Community Safety is responsible for processing and reviewing applications for temporary use permits for seasonal outdoor patios; (b) where a request for a renewal of a temporary use permit for a seasonal outdoor patio has been made, the General Manager, Community Safety must process and review such application generally in the same manner as an application for a new permit under subsection 2.4.4(a). PART THREE: NOTIFICATION OF PROPERTY OWNERS AND OCCUPIERS 3.1. Development Permits and Development Variance Permits - Notice Requirements 3.1.1 The City Clerk must, prior to consideration of a development permit application or a development variance permit application by the Development Permit Panel, mail or otherwise deliver written notice of the proposed development permit or development variance permit, and of the Development Permit Panel meeting at which such application will be considered, to: (a) the applicant; (b) the owners and occupiers of all real property: (i) which is the subject of the proposed development permit or development variance permit; and (ii) which is within 100 metres of, or situated at the same intersection of, any highways as the real property which is the subject of the proposed development permit or development variance permit, at least ten days prior to such meeting. 3.1.2 The notice referred to in subsection 3.1.1 must: (a) identify by civic address or other means the property which is the subject of the proposed development permit or development variance permit; (b) state in brief general terms the intent of the proposed development permit or development variance permit; (c) include a sketch map showing the location of the proposed development; Bylaw No. 7273 Page 5 7295856 (d) state the place at which and the times during which a copy of the proposed development permit or development variance permit and other relevant material may be inspected; and (e) state the time, date and place of the Development Permit Panel meeting at which the application will be considered. 3.1.3 Notwithstanding subsection 3.1.1, the City Clerk is not required to provide notice as set out in subsections 3.1.1 and 3.1.2 for a proposed development permit under subsection 5.5.1. 3.2 Temporary Use Permits - Notice Requirements 3.2.1 The City Clerk must, prior to approval by Council of a temporary use permit application, or renewal of such application, cause notice to be given in accordance with the requirements of the Local Government Act. PART FOUR: THE DEVELOPMENT PERMIT PANEL 4.1 Establishment of the Development Permit Panel 4.1.1 A Development Permit Panel is established for the purposes of considering development permit applications and development variance permit applications, hearing representations from the public on such applications, and making recommendations to Council with respect to such applications. 4.2 Quorum and Membership and Chair 4.2.1 The Development Permit Panel: (a) comprises any three of the Chief Administrative Officer and General Managers or their alternates; (b) has a quorum of three; and (c) must, if such member is present, be chaired by the Chief Administrative Officer, or be chaired by the member so designated by the Chief Administrative Officer. 4.3 Duties of the Chair 4.3.1 The Chair of the Development Permit Panel must, for each development permit application and development variance permit application: (a) invite the applicant to make a presentation or comment on the application; (b) invite the Director, Development to present an analysis and recommendations; (c) invite members of the public who are present to make a presentation or comment on the application; Bylaw No. 7273 Page 6 7295856 (d) identify any correspondence received in connection with the development permit application or development variance permit application, and at the Panel's discretion, summarize such correspondence for the benefit of those present, and may request the Director, Development or the applicant to respond to submissions made to the Panel. 4.3.2 The Chair of the Advisory Design Panel, or an alternate, may attend meetings of the Development Permit Panel in a non-voting capacity, and must be given the opportunity to present the views of the Advisory Design Panel and to participate in the discussion on a development permit application. 4.4 Decisions of the Development Permit Panel 4.4.1 After considering all representations and submissions, the Development Permit Panel must, by resolution: (a) recommend to Council either: (i) that the development permit or development variance permit proposed in the report of the Director, Development be issued; or (ii) that the development permit or development variance permit as amended by a resolution of the Development Permit Panel, and consented to by the applicant, be issued; or (iii) that the development permit or development variance permit application be denied; or (b) refer the development permit application or development variance permit application to the Director, Development, with direction as to modifications the Panel would like to see investigated or implemented. 4.4.2 In the event that no resolution in accordance with subsection 4.4.1 is adopted by Development Permit Panel, the Chair of the Panel must refer the development permit application or development variance permit application in question to Council with the recommendation that a public hearing be held on such application. 4.4.3 Where the Development Permit Panel determines that a development permit application or development variance permit application poses significant policy issues or public controversy, the Panel may recommend to Council that such application be forwarded to a public hearing for further input. 4.4.4 Where a development permit application or development variance permit application is forwarded to Council, the Chair of the Development Permit Panel must announce to those present the time, date and place of the meeting of Council at which it is anticipated that the recommendation on such application will be considered, and may cause such information to be mailed or otherwise delivered to any person who has made written submission to the Panel on the application which is the subject of that recommendation. Bylaw No. 7273 Page 7 7295856 PART FIVE: CONSIDERATION OF APPLICATIONS BY COUNCIL 5.1 Reporting to Council on Development Permits and Development Variance Permits 5.1.1 The Chair of the Development Permit Panel must submit to Council a written report of all development permit applications or development variance permit applications in time for the meeting at which it is anticipated the recommendations on such applications will be considered. 5.1.2 The report referred to in subsection 5.1.1 must include the following for each development permit application or development variance permit application: (a) the location for which the development permit or development variance permit has been requested, and in general terms the intent of the proposed permit; (b) a brief summary of the general nature of public response to the development permit application or development variance permit application, if any; and (c) the recommendation of the Development Permit Panel on each development permit application and development variance permit application. 5.1.3 Upon receipt of the report from the Development Permit Panel on development permit applications or development variance permit applications, Council must: (a) identify those applications which Council wishes to refer to: (i) a public hearing for consideration and more detail; (ii) the Development Permit Panel for further consideration and give direction as to the matters of concern; (iii) a future meeting of Council; and (b) adopt the recommendations of the Development Permit Panel for the remaining applications to either: (i) issue the development permit or development variance permit applications; or (ii) deny the development permit or development variance permit applications. 5.1.4 In accordance with the provisions of the Council Procedure Bylaw, Council must not hear presentations from the applicant or members of the public on any development permit application or development variance permit application, other than at a public hearing to which such application has been referred. 5.2 Reporting to Council on Temporary Use Permits 5.2.1 A standing committee, having considered the report of the Director, Development on a temporary use permit in accordance with subsection 2.4.1, or a request for a renewal of a temporary use permit in accordance with subsection 2.4.2, must make a recommendation to Council on the application and may make other recommendations the committee deems appropriate. Bylaw No. 7273 Page 8 7295856 5.2.2 Upon receipt of the recommendation from a standing committee on a temporary use permit, Council must either: (a) refer the temporary use permit to a public hearing; (b) reject the application for a temporary use permit or the renewal of a temporary use permit; or (c) refer the application for a temporary use permit to: (i) a standing committee for further consideration; or (ii) the Director, Development with the direction to report further to the standing committee on the application. 5.2.3 Where an application for a temporary use permit has been referred to a public hearing, Council may: (a) issue the temporary use permit or approve the renewal of the temporary use permit; or (b) reject the application for a temporary use permit or the renewal of a temporary use permit. 5.3 Delegation of Temporary Use Permits for Mobile Food Vendors 5.3.1 Notwithstanding Section 5.2 above, Council delegates to the General Manager, Community Safety the authority to: (a) approve, issue, and renew temporary use permits for mobile food vendors; (b) reject applications for temporary use permits for mobile food vendors; (c) vary, and supplement temporary use permits for mobile food vendors, and impose conditions and requirements on said permits; and (d) cancel temporary use permits for mobile food vendors if a permit holder fails to comply with a term or condition of the permit. 5.3.2 The General Manager, Community Safety must send a notice of their decision in writing to the applicant, which notice shall be deemed to have been received by the applicant 10 days after the notice is mailed by the City. 5.3.3 An applicant for a temporary use permit for a mobile food vendor is entitled to have Council reconsider the decision of the General Manager, Community Safety in accordance with the following process: (a) the applicant must apply for the reconsideration by delivering to the City Clerk, and providing a copy to the General Manager, Community Safety, within 30 days after the decision of the General Manager, Community Safety is deemed to be received by the applicant, a reconsideration application in writing setting out the following: Bylaw No. 7273 Page 9 7295856 (i) the date of the decision of the General Manager, Community Safety and the nature of the decision; (ii) reasons why the applicant wishes the decision to be reconsidered by Council; (iii) a request from the applicant that the decision be made by Council, with brief reasons in support of the request; and (iv) a copy of any materials the applicant considers to be relevant to the reconsideration by Council. (b) the General Manager, Community Safety must present to Council, a report on the application and decision to be reconsidered, consisting of a recommendation, and any other information the General Manager, Community Safety considers to be relevant; (c) reconsiderations must occur at a regular meeting of Council held at least two weeks after the date on which the reconsideration application is delivered to the City Clerk and notice shall be provided in accordance with Section 3.2 of this Bylaw; (d) the applicant may delegate to Council in accordance with Council Procedure Bylaw No. 7560 at the regular meeting of Council at which the General Manager, Community Safety's report is on the agenda; (e) upon receipt of the recommendation from the General Manager, Community Safety and the delegation from the applicant, and Council's reconsideration of the General Manager, Community Safety's decision, Council must: (i) confirm the decision of the General Manager, Community Safety; or (ii) vary, or set aside the decision of the General Manager, Community Safety and substitute the decision of Council, and either: (A) issue the temporary use permit for a mobile food vendor, or approve the renewal of the temporary use permit; or (B) reject the application for a temporary use permit for a mobile food vendor, or the renewal of a temporary use permit." 5.4 Delegation of Temporary Use Permits for Seasonal Outdoor Patios 5.4.1 Notwithstanding Section 5.2 above, Council delegates to the General Manager, Community Safety the authority to: (a) approve, issue, and renew temporary use permits for seasonal outdoor patios; (b) reject applications for seasonal outdoor patios; Bylaw No. 7273 Page 10 7295856 (c) vary and supplement seasonal outdoor patios and impose conditions and requirements on said permits; and (d) cancel temporary use permits for seasonal outdoor patios if a permit holder fails to comply with a term or condition of the permit. 5.4.2 The General Manager, Community Safety must send a notice of their decision in writing to the applicant, which notice shall be deemed to have been received by the applicant 10 days after the notice is mailed by the City. 5.4.3 An applicant for a temporary use permit for a seasonal outdoor patio is entitled to have Council reconsider the decision of the General Manager, Community Safety in accordance with the following process: (a) the applicant must apply for the reconsideration by delivering to the City Clerk, and providing a copy to the General Manager, Community Safety, within 30 days after the decision of the General Manager, Community Safety is deemed to be received by the applicant, a reconsideration application in writing setting out the following: (i) the date of the decision of the General Manager, Community Safety and the nature of the decision; (ii) reasons why the applicant wishes the decision to be reconsidered by Council; (iii) a request from the applicant that the decision be made by Council, with brief reasons in support of the request; and (iv) a copy of any materials the applicant considers to be relevant to the reconsideration by Council. (b) the General Manager, Community Safety must present to Council, a report on the application and decision to be reconsidered, consisting of a recommendation, and any other information the General Manager, Community Safety considers to be relevant; (c) reconsiderations must occur at a regular meeting of Council held at least two weeks after the date on which the reconsideration application is delivered to the City Clerk and notice shall be provided in accordance with Section 3.2 of this Bylaw; (d) the applicant may delegate to Council in accordance with Council Procedure Bylaw No. 7560 at the regular meeting of Council at which the General Manager, Community Safety's report is on the agenda; (e) upon receipt of the recommendation from the General Manager, Community Safety and the delegation from the applicant, and Council's reconsideration of the General Manager, Community Safety's decision, Council must: (i) confirm the decision of the General Manager, Community Safety; or Bylaw No. 7273 Page 11 7295856 (ii) vary, or set aside the decision of the General Manager, Community Safety and substitute the decision of Council, and either: (A) issue the temporary use permit for a seasonal outdoor patio, or approve the renewal of the temporary use permit; or (B) reject the application for a temporary use permit for a seasonal outdoor patio, or the renewal of a temporary use permit." 5.5 Delegation of Development Permits in Steveston Village Heritage Conservation Area 5.5.1 Notwithstanding with Section 5.1 above, Council delegates to the Director, Development the authority to: (a) approve and issue development permits for properties located in the Steveston Village Heritage Conservation Area in respect of the following: (i) exterior cladding replacement on a like-for-like basis; (ii) roof repair, maintenance, or replacement; and (iii) exterior changes, including landscape changes (e.g. fence construction), provided that the proposed changes do not alter the overall form and character, do not involve additional floor area, and the construction value does not exceed $75,000; (b) reject development permit applications submitted under subsection 5.5.1(a); (c) vary and supplement development permits under subsection 5.5.1(a) and impose conditions and requirements on said permits; and (d) cancel development permits under subsection 5.5.1(a) if a permit holder fails to comply with a term of condition of the permit. 5.5.2 The Director, Development must send a notice of the decision in writing to the applicant. 5.5.3 An applicant for a development permit under subsection 5.5.1 is entitled to reconsideration of the decision of the Director, Development in accordance with the following process: (a) the applicant must apply for the reconsideration by delivering to the City Clerk, and providing a copy to the Director, Development, within 30 days after the decision of the Director, Development is deemed to be received by the applicant, a reconsideration application in writing setting out the following: (i) the date of the decision of the Director, Development and the nature of the decision; Bylaw No. 7273 Page 12 7295856 (ii) reasons why the applicant wishes the decision to be reconsidered by Council; (iii) a request from the applicant that the decision be made by Council, with brief reasons in support of the request; and (iv) a copy of any materials the applicant considers to be relevant to the reconsideration by Council. (b) the Director, Development must present to the General Purposes Committee, a report on the application and decision to be reconsidered, consisting of a recommendation, and any other information the Director, Development considers to be relevant; (c) the applicant may delegate to the General Purposes Committee in accordance with Council Procedure Bylaw No. 7560 at the regular meeting of the General Purposes Committee at which the Director, Development's report is on the agenda; (d) upon receipt of the recommendation from the Director, Development and the delegation from the applicant, the General Purpose Committee must make a recommendation to Council to: (i) confirm the decision of the Director, Development; (ii) vary or set aside the decision of the Director, Development and substitute the decision of Council and either: a. issue the development permit; b. issue the development permit amended by resolution of the committee; or c. reject the development permit application; or (iii) refer the development permit application to the Director, Development, with direction as to modifications the committee would like to see investigated or implemented; (e) where the General Purpose Committee determines that a development permit application poses significant policy issues or public controversy, the committee may recommend to Council that such application be forwarded to a public hearing for further input; and (f) upon receipt of the recommendation from the General Purpose Committee, Council must: (i) confirm the decision of the Director, Development; or (ii) vary or set aside the decision of the Director, Development and substitute the decision of Council and either: a. issue the development permit under subsection 5.5.1; Bylaw No. 7273 Page 13 7295856 b. issue the development permit amended by resolution of Council; or c. reject the application for a development permit under subsection 5.5.1; or (iii) refer the development permit application to a public hearing for further consideration and detail. PART SIX: CONSIDERATION OF A DEVELOPMENT PERMIT OR A DEVELOPMENT VARIANCE PERMIT AT A PUBLIC HEARING 6.1 Where Council refers a development permit application or development variance permit application to a public hearing, Council must, at such public hearing; (a) invite a presentation from the applicant; (b) direct the City Clerk to identify and summarize any correspondence received regarding the application; and (c) invite presentations from members of the public present. 6.2 Having complied with the provisions of subsection 6.1, Council must either: (a) issue the development permit or development variance permit: (i) as proposed in the report of the Director, Development; or (ii) as amended by Council; (b) deny the development permit application or development variance permit application, or (c) refer the development permit application or development variance permit application to a future meeting of Council. PART SEVEN: NOTIFICATION WHERE A DEVELOPMENT PERMIT APPLICATION OR DEVELOPMENT VARIANCE PERMIT APPLICATION IS REFERRED 7.1 If: (a) a meeting of the Development Permit Panel, or of Council, at which a development permit application or development variance permit application is to be considered, is adjourned without consideration of such application having been completed; or (b) a development permit application or development variance permit application is referred by the Development Permit Panel, or by Council to a future meeting of the Development Permit Panel, or Council; Bylaw No. 7273 Page 14 7295856 no further notice of such meeting is required, provided that the time, date and place of the future meeting at which the development permit application or development variance permit application is to be considered is announced at the time of the adjournment or referral. 7.2 Where an adjournment or referral to a future meeting is made without an announcement of the time, date and place of the future meeting being made at the time of the adjournment or referral, notice of that future meeting must be given, as specified in section 3.1, for those development permit applications and development variance permit applications affected by the adjournment or referral. PART EIGHT: ISSUING OF PERMITS 8.1 Responsibilities of the City Clerk 8.1.1 Where Council issues: (a) a development permit; (b) a development variance permit; or (c) a temporary use permit or the renewal of a temporary use permit, the City Clerk must ensure that such permit is properly executed and must mail or otherwise deliver such permit to the applicant, and cause the appropriate "Notice of Permit" to be filed in the Provincial Land Title Office. 8.1.2 Where the General Manager, Community Safety issues a temporary use permit for a mobile food vendor the City Clerk must ensure that such permit is properly executed and must mail or otherwise deliver such permit to the applicant, and cause the appropriate "Notice of Permit" to be filed in the Provincial Land Title Office. 8.1.3 Where the General Manager, Community Safety issues a temporary use permit for a seasonal outdoor patio the City Clerk must ensure that such permit is properly executed and must mail or otherwise deliver such permit to the applicant, and cause the appropriate "Notice of Permit" to be filed in the Provincial Land Title Office. 8.1.4 Where the Director, Development issues a development permit for properties in the Steveston Village Heritage Conservation Area under subsection 5.5.1, the City Clerk must ensure that such permit is properly executed and must mail or otherwise deliver such permit to the applicant, and cause the appropriate "Notice of Permit" to be filed in the Provincial Land Title Office. Bylaw No. 7273 Page 15 7295856 PART NINE - CANCELLATION OF PERMITS 9.1 Request for Permit Cancellation 9.1.1 The holder of a development permit or development variance permit who wishes to cancel such permit after the "Notice of Permit" has been filed in the Provincial Land Title Office, and prior to the expiry of the two-year period specified in the Local Government Act during which the permit is valid, must advise the Director, Development of such request in writing. 9.2 Processing Permit Cancellation Request 9.2.1 Upon receipt of a request to cancel a development permit or development variance permit, the Director, Development must prepare a report and recommendation on such request for presentation to the Development Permit Panel. 9.2.2 After considering the report and recommendation submitted by the Director, Development, the Development Permit Panel must, by resolution, recommend to Council either that: (a) the request be granted and the permit cancelled, or (b) the request be denied. 9.2.3 The Chair of the Development Permit Panel must submit to Council a recommendation regarding all such requests and Council must, upon receipt of such recommendations, either: (a) authorize the cancellation of the development permit or development variance permit; or (b) deny the request. PART TEN - POSTING OF SECURITY FOR PERMITS 10.1 Establishment of Security - All Permits 10.1.1 The City is authorized to require an applicant for: (a) a development permit; (b) a development variance permit; or (c) a temporary use permit, to provide security to the City in an amount and form to be determined by the Director, Development, to ensure that development is carried out in accordance with the terms and conditions of the respective permit. 10.1.2 An applicant must submit the security required under subsection 10.1.1 to the Director, Development: Bylaw No. 7273 Page 16 7295856 (a) prior to consideration by Council of the recommendation of the Development Permit Panel on either a development permit application or a development variance permit application; and (b) prior to consideration by Council at a public hearing on the issuance of a temporary use permit; and (c) prior to issuance by the General Manger, Community Safety of a temporary use permit for a mobile food vendor. (d) prior to issuance by the General Manger, Community Safety of a temporary use permit for a seasonal outdoor patio. 10.2 Failure to Provide Security - Development Permits and Development Variance Permits 10.2.1 Where, within 180 days of the date of the Development Permit Panel meeting at which an application was considered, an applicant fails to provide the full amount of the security specified in subsection 10.1.2, the Director, Development must report to the next meeting of the Development Permit Panel and recommend that the support of the Panel for either the development permit or the development variance permit, whichever is applicable, be withdrawn and that the application be abandoned. 10.3 Failure to Provide Security - Temporary Use Permits 10.3.1 Where, prior to the notification required under the provisions of section 3.2, an applicant for a temporary use permit fails to provide the full amount of the security specified in subsection 10.1.1, (a) the Director, Development must report to Council that the temporary use permit is deficient and that such application should be deleted from the agenda of that Council meeting; or (b) the General Manager, Community Safety must refrain from issuing the temporary use permit, as applicable. PART ELEVEN - GENERAL COMPLIANCE RULINGS ON DEVELOPMENT PERMITS 11.1 Application Procedure 11.1.1 Where the holder of a development permit wishes to obtain a General Compliance Ruling to modify the specifications of such permit, the permit holder must advise the Director, Development, in writing, and must: (a) pay to the City, the applicable fee specified in the Development Application Fees Bylaw; and Bylaw No. 7273 Page 17 7295856 (b) provide a copy of the original development permit and a detailed set of plans, perspectives, elevations and diagrams illustrating the modifications which are being requested. 11.2 General Compliance Rulings - Criteria 11.2.1 Upon receipt of a request for a General Compliance Ruling in accordance with subsection 11.1.1, the Director, Development must reject such request where the proposed modification to the development permit: (a) requires any new variances or increases to approved variances; (b) increases the density of the development beyond the level specified in the development permit; (c) alters elements which, in the opinion of the Director, Development, were controversial, or which attracted considerable discussion from the public, the Advisory Design Panel or the Development Permit Panel during the original development permit application process; (d) alters, with the exception of minor changes and additions to buildings to accommodate building code or servicing requirements, the approved site coverage, siting, scale, spacing or configuration of buildings; or (e) contravenes the applicable development permit guidelines in the Official Community Plan. 11.2.2 The Director, Development, having determined that the request for a General Compliance Ruling does not contravene any of the provisions of subsection 10.2.1, must then determine if the request is consistent with the following: (a) that any proposed exterior modifications maintain or enhance the quality of the development and retain the basic form and character of the development; (b) that any proposed modifications to open space and amenity areas maintain open space and amenity areas; (c) that any proposed modifications to landscaping detail are both minor in nature and of an equivalent value to the approved plans; and (d) that any proposed modifications to the location and configuration of vehicle access and parking areas are minor in nature. 11.2.3 The Director, Development, having determined that a request for a General Compliance Ruling is consistent with the provisions of subsection 11.2.2, must present a report and recommendation to the Development Permit Panel. 11.3 Consideration of Requests for General Compliance Rulings by the Development Permit Panel 11.3.1 The Chair of the Development Permit Panel must, for each request for a General Compliance Ruling: Bylaw No. 7273 Page 18 7295856 (a) invite the applicant to make a presentation or comment; and (b) invite the Director, Development to present an analysis and recommendations. 11.3.2 After considering all representations and submissions, the Development Permit Panel must, by resolution, recommend to Council that the request for a General Compliance Ruling: (a) be granted: (i) as proposed in the report of the Director, Development; or (ii) as amended by a resolution of the Development Permit Panel, and consented to by the applicant; or (b) be denied. 11.4 Consideration of Requests for General Compliance Rulings by Council 11.4.1 The Chair of the Development Permit Panel must submit to Council a written report for each request for a General Compliance Ruling, stating: (a) the location for which the request for a General Compliance Ruling has been made and in general terms the intent of such ruling; and (b) the recommendation of the Development Permit Panel on each request for a General Compliance Ruling. 11.4.2 Upon receipt of the report from the Development Permit Panel on requests for General Compliance Rulings, Council must: (a) identify those requests which Council wishes to refer: (i) to the Development Permit Panel for further consideration and give direction as to the matters of concern; and (ii) to a future meeting of Council; and (b) adopt the recommendations of the Development Permit Panel for the remaining requests for General Compliance Rulings. 11.4.3 In accordance with the provisions of the Council Procedure Bylaw, Council must not hear presentations from the applicant or members of the public on requests for General Compliance Rulings. 11.5 Granting of Requests for General Compliance Rulings 11.5.1 Where Council either grants or denies a request for a General Compliance Ruling, the City Clerk must advise the applicant accordingly, in writing. Bylaw No. 7273 Page 19 7295856 PART TWELVE: INTERPRETATION 12.1 In this bylaw, unless the context requires otherwise, APPLICANT means a person who is an owner of the property which is the subject of an application, or a person acting with the written consent of the owner. BUILDING CODE means the current edition of the British Columbia Building Code established by regulation under the Local Government Act. CHIEF ADMINISTRATIVE OFFICER means the person appointed by Council to the position of Chief Administrative Officer and who has been assigned the duties of the position specified by bylaw and in accordance with section 147 of the Community Charter. CITY means the City of Richmond. CITY CLERK means the Corporate Officer assigned responsibility under section 148 of the Community Charter. COACH HOUSE means a detached or attached, self contained dwelling that is accessory to a principal dwelling unit and is located either entirely or partially above a garage used for parking purposes. COUNCIL means the Council of the City. COUNCIL PROCEDURE BYLAW means the current Council Procedure Bylaw of the City. DEVELOPMENT APPLICATION FEES BYLAW means the current Development Application Fees Bylaw of the City. DEVELOPMENT PERMIT means a development permit authorized under section 490 of the Local Government Act. DEVELOPMENT VARIANCE PERMIT means a development permit authorized under section 498 of the Local Government Act. DIRECTOR, DEVELOPMENT means the Director, Development in the Planning and Development Department of the City, or an alternate. FOOD SERVICE ESTABLISHMENT means a business which, in return for consideration, serves prepared food to the public for consumption on or off the premises, and includes coffee shop, restaurant or drive-in restaurant, cafeteria, dining lounge, ice cream parlour, and refreshment or food vending stand, but specifically excludes neighbourhood public house. GENERAL MANAGER means any General Manager specified in the current Officers Establishment Bylaw of the City. GENERAL MANAGER, COMMUNITY SAFETY means the General Manager, Community Safety of the City and his or her respective designates and authorized agents. GENERAL MANAGER, means the General Manager, Planning and Development, Bylaw No. 7273 Page 20 7295856 PLANNING AND DEVELOPMENT of the City and his or her respective designates and authorized agents. GRANNY FLAT means a detached, self contained dwelling that is accessory to a principal dwelling unit and is located entirely on the ground floor. LIQUOR PRIMARY ESTABLISMENT means a premise, licensed under the Liquor Control and Licensing Act, where liquor is served for consumption on- site. MOBILE FOOD VENDOR means a business that sells, offers or attempts to sell, takes orders for, or solicits orders for prepared food and/or beverages, from a vehicle, cart, trailer, or stand and not from a permanent building or structure. NEIGHBOURHOOD PUBLIC HOUSE means a premise, licensed under the Liquor Control and Licensing Act, where liquor is served for consumption on- site, with a maximum occupant load of 125 persons. OFFICIAL COMMUNITY PLAN means the current Official Community Plan of the City. PUBLIC HEARING means a Regular Council meeting for public hearings specified under Section 1.2 of the Council Procedure Bylaw. SEASONAL OUTDOOR PATIO means a patio constructed on private property adjacent to a food service establishment, liquor primary establishment, marine public house, or neighbourhood public house establishment which is subject to a temporary use permit, which can operate only from April 1 to October 31. STANDING COMMITTEE means the standing committee of Council appointed by the Mayor in accordance with section 141 of the Community Charter whose mandate includes community planning and development matters and the consideration of temporary use permits. STEVESTON VILLAGE HERITAGE CONSERVATION AREA means an area designated as a heritage conservation area as shown in the Steveston Village Heritage Conservation Area Map included in the Steveston Area Plan Bylaw 7100 Schedule 2.4 of the Official Community Plan under section 614 of the Local Government Act. TEMPORARY USE PERMIT means a temporary use permit authorized under section 493 of the Local Government Act. PART THIRTEEN: PREVIOUS BYLAW REPEAL 13.1 Development Permit Procedure Bylaw No. 5362 (adopted July 25, 1989) and Amendment Bylaw Nos. 5768 (adopted November 12, 1991) and 6437 (adopted February 13, 1995) are repealed. 13.2 Richmond Temporary Commercial Use Permit Procedure Bylaw No. 5934 (adopted July 13, 1992) is repealed. Bylaw No. 7273 Page 21 7295856 PART FOURTEEN: SEVERABILITY AND CITATION 14.1 If any part, section, subsection, clause, or subclause of this bylaw is, for any reason, held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. 14.2 This bylaw is cited as "Development Permit, Development Variance Permit and Temporary Commercial and Industrial Use Permit Procedure Bylaw No. 7273". Bylaw No. 7273 Page 22 7295856 SCHEDULE A to BYLAW NO. 7273 Bylaw No. 7273 Page 23 7295856 SCHEDULE B to BYLAW NO. 7273 Bylaw No. 7273 Page 24 7295856 SCHEDULE C to BYLAW NO. 7273