12.48.010 Applicability.
A. New Construction. These development regulations, Chapter 12.48 BMC, will be used to evaluate development projects or improvement plans proposed for properties within the Canyon Park Regional Growth Center boundaries, including the following Canyon Park Subarea zoning classifications:
1. Office/Residential Mixed-Use – High (OR-H).
2. Office/Residential Mixed-Use – Medium (OR-M).
3. Office/Residential Mixed-Use – Low (OR-L).
4. Residential Mixed-Use – High (RMU-H).
5. Residential Mixed-Use – Medium (RMU-M).
6. Employment – Medium (E-M).
7. Employment – Low (E-L).
Other zoning classifications that are within the Canyon Park Subarea, but not within the regional growth center designation, are subject to the applicable citywide regulations.
B. Additions and Improvements. Three different thresholds have been established to determine how the regulations herein are applied to such projects:
1. Level I improvements include all exterior remodels, building additions, and/or site improvements that affect the exterior appearance of the building/site and/or cumulatively increase the gross floor area on a site less than 50 percent within three years of the date of permit issuance. The requirement for such improvements is only that the proposed improvements meet the regulations and do not lead to further nonconformance with the regulations.
For example, if a property owner decides to replace a building façade’s siding, then the siding must meet the applicable exterior building material regulations, but elements such as building articulation would not be required.
Outdoor dining space structures of 1,000 square feet in area or less associated with existing businesses are exempt from the provisions of this chapter and do not constitute an expansion of the existing business.
2. Level II improvements include all improvements that cumulatively increase the gross floor area on a site by 50 percent to 100 percent, within three years of the date of permit issuance. All regulations that do not involve repositioning the building or reconfiguring site development must apply to Level II improvements.
For example, if a property owner of an existing business in the RMU-M zone wants to build an addition equaling 75 percent of the current building’s footprint, then the following elements must apply:
a. The location and design of the addition/remodel must be consistent with the block frontage design regulations in Article IV of this chapter, which addresses building frontages, entries, parking lot location, and street setback landscaping. For such developments seeking additions to buildings where off-street parking location currently does not comply with applicable parking location regulations, building additions are allowed provided they do not increase any current nonconformity and generally bring the project closer into conformance with the regulations.
b. Comply with applicable through-block connection, trail, and off-street parking regulations (in Article III of this chapter) that are associated with the addition. The through-block connection and trail provisions would apply where such addition is located in the immediate area of such features shown in Figure 12.48.200.
c. Comply with applicable block frontage regulations (in Article IV of this chapter) that are associated with the addition. The block frontage provisions would apply when such an addition is located adjacent to a particular designated block frontage shown in Figure 12.48.305.
d. Comply with the site planning design regulations (in Article V of this chapter) associated with proposed site and building improvements.
e. Comply with the applicable building design regulations (in Article VI of this chapter), except architectural scale and materials provisions related to the existing portion of the building where no exterior changes are proposed.
f. Comply with applicable off-street parking, landscaping, and signage provisions that relate to proposed improvements.
3. Level III improvements include all improvements that cumulatively increase the gross floor area on a site by more than 100 percent within three years of the date of permit issuance. Such developments must conform to all applicable regulations, except in a case where there are multiple buildings on one site, and only one building is being enlarged. In that scenario, improvements to the additional buildings are not required, but conformance with all other regulations apply.
C. Transition Period for Proposed But Nonvested Projects Within the Canyon Park Subarea. Project proponents within the Canyon Park Subarea whose projects have not vested to the regulations in effect prior to January 1, 2021, which is the effective date of both Ordinance 2340 (2020), establishing the Canyon Park Subarea Plan, and Ordinance 2341 (2020), adopting development regulations to implement the Canyon Park Subarea Plan, may apply for Type I, II and III actions under such prior regulations provided all of the following criteria are met:
1. Prior to adoption of Ordinance 2340 (2020), a formal pre-application meeting has been conducted with city staff and all fees for the pre-application meeting have been paid.
2. The proposed project is a qualifying land use as defined by the Planned Action Ordinance, Ordinance 2342 (2020), for the Canyon Park Subarea.
3. A complete application for such actions is submitted to and accepted by the city by 4:30 p.m. on September 30, 2021. A Canyon Park Subarea project application which is submitted and accepted by 4:30 p.m. on September 30, 2021, but determined by the community development director not to be complete shall not qualify for review under the prior regulations.
This subsection and the regulations established herein shall expire contemporaneously with the end of the transition period. (Ord. 2397 § 4, 2023; Ord. 2341 § 5 (Exh. A), 2020).