DR 20-350 / UP 23-158 (Ulrika Plaza): Consideration of a Design Review, DR 20-350 (Ulrika Plaza), Use Permit, UP 23-158 (Ulrika Plaza), and associated Coastal Development Permit for the construction of a 22,443-square-foot, two-story mixed-use building with 12 apartment units and approximately 9,000 square feet of commercial spaces, with a 15,292-square-foot basement containing 28 below-ground parking spaces located at the southwest corner of 5th Avenue and Dolores Street in the Service Commercial (SC) Zoning District. APN 010-138-021 & 010-138-003.

The applicant is proposing the construction of an approximately 22,400 square foot mixed-use building with an approximately 15,200 underground parking garage.  The development is proposed to have 12 apartments, 9,000 square feet of retail space split between 15 commercial units, and will have 28 on-site parking spaces. 

The application was submitted in December 2020 and the applicant has taken the project forward to the Planning Commission for Preliminary Reviews in April 2021, March 2022, and October 2022 to allow the Commission to give preliminary feedback on the application and address items of concern.  The applicant has revised the project based on comments received by the Commission and is requesting formal approval of the project. 

Adopt a Resolution approving a Design Review Application (DR 20-350), Use Permit Application (UP 23-158), and associated Coastal Development Permit for the construction of a 22,443-square-foot, two-story mixed-use building known as “Ulrika Plaza” with 12 apartment units with 9,000 square feet of commercial floor area, with a 15,292-square-foot basement containing 28 below-ground parking spaces located at the southwest corner of Dolores Street and 5th Avenue in the Service Commercial (SC) Zoning District; APNs: 010-138-021/003

The project site is located at the southwest corner of Dolores Street and 5^th Avenue in the Service Commercial (SC) Zoning District.  The site has been partially developed from two previously approved projects (DR 16-032 & DR 17-482 –referred herein as “Del Dono”) which allowed for the construction of two mixed use building on a merged building site, although construction was halted in 2019 and ownership of the property was later transferred. 

The applicant is proposing to construct an approximately 22,400 square foot mixed-use building with an approximately 15,200 underground parking garage.  The development is proposed to be split amongst four separate buildings and will have 12 rental apartments -10 located on the second floor and 2 located on the ground floor. 9,000 square feet of retail space split between 15 commercial units is also proposed for the ground floor, and 28 on-site parking spaces will be located in the basement.  Each of the four buildings on the site is proposed to have its own distinct architectural style and will be sited around a central courtyard with intra-block walkway access from Dolores Street and 5^th Avenue to Lincoln Street. Public way improvements are also proposed for the areas immediately fronting the project site as well as new landscaping in the right-of-way as well as throughout the project site.

Public Workshop Reviews of the project were held in April 2021, March 2022, and October 2022 to allow the Commission and the Community to give preliminary feedback on the application and address items of concern.  The applicant has revised the project based on comments received at those workshops, and is now requesting a formal decision on the project.  Unlike the previous preliminary review hearings, this is a formal hearing and the Planning Commission may make a decision (approval or denial) on the project, or the Commission may continue the application to request additional information or with direction for additional design changes. Staff has recommended approval of the project with conditions as found in Attachment 1.

Standard of Review and Design Guidelines:

In accordance with CMC 17.14.110, “to assist in the design and review process, the City Council has adopted commercial design guidelines. Proposed projects need not strictly comply with every guideline to be approved but deviations should be minor and reasonably related to good design principles and site conditions. When a proposed project involves construction of a new building or the replacement, significant enlargement, or modification of an existing building, applicants are encouraged, first, to consult the design guidelines and then to prepare and submit conceptual or preliminary drawings for review by the Planning Commission. This preliminary review can promote communication between project applicants and the City’s staff and decision-makers, facilitating an understanding of applicable design regulations and avoiding unnecessary expenditures in detailed plans.”

In reviewing the proposed plans the Commission should take into consideration that the proposed project need not strictly comply with every guideline to be approved but deviations should be minor and reasonably related to good design principles and site conditions (CMC 17.14.110). Some deviations may be acceptable when determined appropriate for the site and maintaining good design principals.

Furthermore, in accordance with CMC 17.14.100, the basic standard of review in [all of] the commercial [districts] is whether the project constitutes an improvement over existing conditions – not whether the project just meets minimum standards.

While the commission will need to find the project to be consistent with the Commercial Design Guidelines as part of the required findings for approval, a strict interpretation of the guidelines is not required and deviations from the guidelines are permitted.  Deviations should be found to be consistent when determined to be minor and related to good design principles.  Additionally, the project as a whole will also need to be found as an improvement over existing conditions –not only that the project meets the minimum development standards.   

Zoning District and Development Standards:  This site is zoned Service Commercial (SC).  Municipal Code Section 17.14.010.B states that the purpose of the SC Zoning District is: “To provide an appropriate location for services, offices, residential and limited retail activities that primarily serve local needs. This district is intended to provide a distinct transition between the more intense activities in the CC district and the less intense activities in the districts on its periphery.  Mixed uses of commercial and residential activities are appropriate throughout this district.” 

Land Use Designation: According to the Carmel General Plan, “[The Core Commercial] area is intended to provide for a wide range of retail and service uses in scale with the overall residential character of the community. More intense commercial activities such as retail, restaurant and visitor commercial uses are appropriate in this area. Less intensive development may be appropriate to preserve the unique character and ambiance along Ocean Avenue. Mixed-use developments of commercial and multi-family residential uses at a maximum density of thirty-three (33) units per acre are allowed.

Maximum building intensity in the core commercial area is limited to 95 percent and 135 percent floor area ratio for one and two story buildings, respectively. More open space and less floor area is required on larger sites. Throughout the Core Commercial area, floor area bonuses (up to 15 percent) and density bonuses (up to 35 percent) are allowed as incentives for affordable or senior housing and for special design amenities.”

CMC 17.14.120 through 17.14.220 outline the various development standards for projects within the commercial districts with the variously land uses identified in CMC 17.14.030 through 17.14.040.  While the Service Commercial Zoning District is intended to service as a transitional district between the more intense activities of the CC District and less intense activities on the periphery, the development standards buildings (floor area, height, etc) are generally the same for both the Central Commercial and Service Commercial Zoning Districts whereas the Residential and Limited Commercial as well as the R-4 District uses a separate set of development standards.  Additionally, the allowable land uses prescribed in CMC 17.14.030 and CMC 17.14.040 which designate the intensity of the uses and the site and result in less intense activity as a zoning district moves away from the Commercial Core.  Within the Commercial Core, the CC Zone District allows for more intense uses than allowable uses within the SC Zone District with the uses generally allowed within the SC district being more resident serving than visitor serving.

Figure 1. Carmel-by-the-Sea General Plan Land Use Map. Subject site identified in blue outline.  Located within “Core Commercial” Land Use Designation.

Building Site Area – CMC 17.14.120:

In accordance with CMC 17.14.120, Maximum Building Site Area, the maximum building site in the SC Zone District is 12,000 square feet (subject site is 16,000 square feet). The development of a parcel larger than these limits requires that the land area be broken up into two or more distinctly different developments to avoid the appearance of a single large project and to maintain the small scale and village character of the City.

The existing building site in excess of 12,000 square feet is a result of the Del Dono project at the subject location that merged two adjacent 8,000 square foot parcels.  The prior project began as a single project on one of the 8,000 square foot sites, then once under construction, a second project was proposed on the adjacent 8,000 square foot lot to the south. Those sites were merged (lot merger application LM 18-158) into a single 16,000 building site  

To address the requirement that the land area be broken up into two or more distinctly different developments, the applicant has been broken the project into four smaller, architecturally unique building to achieve this zoning standard. Additional discussion is provided below in the floor area and building finishes/details section.  

Figure 2. Building Coverage Diagram (see Attachment 5, Sheet A300).  Project site broken into four separate and architecturally unique buildings. Square footages on buildings are representative of total building floor area –not building footprint.

Building Coverage – CMC 17.14.130:

Building coverage is defined as the total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Building coverage includes exterior structures such as stairs, arcades, bridges, permanent structural elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, and covered carports.

The building coverage is proposed be approximately 12,271 square feet (~76.5% of lot area) in area.  The allowed building coverage for a two-story building in the SC Zoning District is typically 80% of the site area for projects that fully implement Commercial Guidelines III-A.  Coverages are also available which could bring the building coverage of the site up to 95%, however, those bonuses are not proposed to be utilized. While up to 80% (or 95% with bonuses) of the building site may be occupied by building coverage improvements, the site is proposed to only be 76.5% covered. 

Excluded from site coverage are building projections that extend over the property line and over the public right-of-way.  The project does contain a small number of these features, such as second floor balconies and areas of roof projections.  While the building code allows these projections, the zoning code does not address as to whether they are acceptable or not. Permitted projections generally include elements such as signs, and awnings, which are encouraged and in some cases are required, but structural projections are not addressed. The Commission should consider whether the structural projections should be allowed or if the projections should be brought back to the property line.  

The remaining area of the site that is not building coverage is considered open space. A minimum of 50% of the required open space on each site shall be landscaped which may include nonliving materials such as garden benches, water features and patterned paving treatments as long as the combined total area of such plant alternatives is not used as more than 25% of the required landscaping on any site. The remaining site area is proposed to be landscaped with 419 square feet of softscape, 994 square feet of green roof areas, and 474 square feet of planter areas. The public open space area will also include an outdoor seating area, benches, and a small water feature. A detailed landscape plan has also been provided on Sheets L1.0-L1.4.   The landscaping requirements meets the initial requirements for application approval. The final landscape plan shall be reviewed by the City Forester prior to issuance of a building permit.

There is no required setback within the CC and SC zoning districts, and buildings are permitted to be constructed up to the property lines on all sides of the property.  However, the street-facing, ground-level facade of each building is required to be established on the property line or within two feet of this line for at least 70 percent of each street frontage of the building (exceptions to this requirement are allowed for entrances to intra-block walkways or courtyards) with the remaining 30 percent or less of the building not constructed at the build-to line used for recessed shop entries, landscaping, building articulation or driveways.

Of the 260-feet of frontage for the site, approximately 215-feet is constructed at, or within, the “build-to-line”, or approximately 82%.  The project complies with the standard for the build-to-line prescribed in CMC 17.14.130.

The project meets the prescribed zoning code requirements pertaining to building coverage.

Floor Area Ratio – CMC 17.14.140:

Floor area (FAR) is defined as the total combined area included within the surrounding exterior walls of all floor levels. Floor area includes all floor spaces used for commercial, manufacturing, residential and miscellaneous land uses including space occupied by mezzanine floors, interior walkways, storage areas above ground, hallways, restrooms, and both interior and exterior wall thicknesses.

While the FAR is typically limited to 135% of the site, a 10% floor area bonus is available for sites providing a courtyard or intra-block walkway with additional floor area bonuses available for projects providing affordable housing, up to a maximum of 150% of FAR for the site. This project proposes the inclusion of an intra-block walkway and courtyard and therefore is eligible for a 10% floor area bonus (CMC 17.14.140.D.2) that would bring the allowable floor area to 145% of the site area, or a total of 23,200 square feet.

The project is proposed to be the less than the allowable square footage and is stated to be 22,443 square feet, or 140% of the site area. A 15,292 square foot basement containing 28 parking spaces, mechanical equipment, storage, and restroom facilities for the building is also proposed, although, in accordance with CMC 17.14.140, the basement is excluded from the FAR for the building site.

In accordance with CMC 17.14.140.C, No single structure shall contain more than 10,000 square feet of floor area. Interaccessibility between adjacent structures on one or more building sites by any means that allows passage between structures without first exiting to an open space area shall not be allowed if the resulting floor area contained within the combined structures would exceed 10,000 square feet of area.

The project to consist of four individual buildings, each less than 10,000 square feet to:

• Building 1: 3,469 sf
• Building 2: 4,909 sf
• Building 3: 6,456 sf
• Building 4: 7,609 sf
•  

Based on Commission discussion and direction at the preliminary review hearings, the building siting and layout meets the intent of the maximum building size requirement prescribed in the municipal code though connected by the second floor egress balcony for the apartment units. The project meets the zoning code requirements pertaining to floor area ratio.

Building Height – CMC 17.14.150:

Per CMC 17.14.150, the maximum allowable building height shall be determined primarily by the design context established by the prevailing heights of nearby structures facing the same street or intersection and within the same pedestrian field of view (i.e., generally, within 100 feet to either side of, or across the street from the proposed structure). In the CC and SC districts the main building and roof form of all structures shall be limited to a maximum of 30 feet. 

The project is proposed to be a maximum of 30’ tall though the majority of the building elements immediately adjacent to the street will be between 27’ tall 23’ tall.  The 30’ tall elements are only the portions of the building where the mezzanines are located, and are set back into the site.  Staff notes that while the mezzanines do count as floor area, only those portions with a floor or walking surface count as floor area. The areas that are within the open volume of the mezzanine level and portions of the stairways would be adding height and mass to the structure without being included in the floor area of the building (refer to Figure 3, below).

Figure 3. Building 4 East Elevation.  Figure is intended to show how the volume of the mezzanine relates to the 2nd floor below and how floor area is captured on the mezzanine level.  The characteristics of each mezzanine will differ, however Building 4 was selected for illustrative purposes.

The mezzanines are generally set well back front the street (refer to Figure 4, below).  The mezzanine closest to the Dolores Street frontage is approximately 28’6” from the front property line and the closest to the 5^th Avenue frontage is 16’4”.  The mezzanines are closer to the side and rear property line with the side setback being (adjacent to Haseltine Court) being 5’ from the property line, and the rear setback (closest to the Carmel Art Association Building) being approximately 19’3”.