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”.

Figure 4. Proposed Roof Plan. Property Line(s) indicated in blue; area of mezzanine(s) (tallest building elements) indicated in red. Also see Figures 5-7, below.

In general, the majority of the buildings are under the 30’ foot height limit with the building’s massing being setback from the street as the majority of the street facing roofs are hipped or side gabled roof forms that push roof peaks back away from the street. As shown on the roof plan (Attachment 5, Sheet A204), the applicant has called out each of the elevations points for each roof ridge throughout and has also provided an elevation study of the adjacent buildings (refer to Attachment 9).

Figure 5. Dolores St. Streetscape elevation.

Figure 6. Fifth Ave. streetscape elevation.

Figure 7. Partial streetscape elevation –immediate adjacent buildings with adjacent buildings surveyed.

At a previous conceptual hearing, a property owner on San Carlos Street expressed concerns regarding view impacts.  Staff has reached out to the property owner who previously expressed view concerns, however, at the time of writing this report, has not received any correspondence regarding the revised design.

Mezzanines

At the March 9, 2022 hearing a Commissioner inquired about the history of the inclusion of the mezzanine level which they stated, “essentially adds a second level to the second level which some might interpret as a third level.” A similar mezzanine level was approved as part of the Del Dono project with staff at the time requesting the Commission make a determination on the appropriateness of the inclusion of such feature. The following is from the March 9, 2016 staff report for a Preliminary Concept Review for the first Del Dono building (Del Dono I):

The proposed building includes a third-level mezzanine above the each of the 4 condominiums. Pursuant to CMC 17.14.150, “no building shall have more than two stories above grade.” The Zoning Code does not address whether a mezzanine is defined as a story. The California Building Code defines a mezzanine as: “An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.”

The City’s Zoning Code intends to minimize the mass of structures and ensure human-scale design by limiting structures to a maximum of two stories. The Planning Commission is charged with determining whether this project meets the intent of the Zoning Code, regardless of the Building Code definition of the mezzanine. The Commission should consider whether this third- level mezzanine should be defined as a story. Staff notes that it would be challenging to achieve the floor area allowed through the courtyard and housing bonuses, without having a mezzanine level.

The Commission should consider that the proposed building would still be below the allowed height limit of 30. In addition, the applicant has designed the project with the intent of avoiding a three-story appearance as depicted in the rendering included as Attachment B. The upper mezzanine level has been set back between 12 to 24 feet from the Dolores Street property line in order to avoid a tall wall at the street. In addition, the mezzanine has been proportioned in relation to the second level to appear similar to a clear story as opposed to a third story and is partially screened by rooftop landscaping.

Review of the video of the March 9, 2016 hearing found that the Commission was supportive of the mezzanine and appeared to agree with staff’s assessment as outlined in the staff report (above).

The current Building Code maintains substantially similar language as the prior building code, cited above.  The 2019 California Building Code defines a Mezzanine as: “An intermediate level or levels between the floor and ceiling of any story and in accordance with Section 505. [DSA-AC] An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which he level or levels are located. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.”  Section 505 of the California Building Code speaks to the specific requirements for mezzanines. 

The interpretation of mezzanines not being counted as a “story” has not been adopted as a formal policy and has only been permitted on a project specific basis. In other words, the Commission still has discretion over this matter.

The Commission has authority to decide that the mezzanine level should be defined as a “story” for the purposes of the Design Review, which would not be permitted by the zoning code. The zoning code does not allow for more than two-stores above grade. The Planning Commission also has authority to decide that this floor level should be considered part of the 2^nd floor level, as allowed by the building code -provided the mezzanine adheres to all applicable building code and design review requirements and applicable commercial design guideline.

The commission has stated in their review of previous conceptual plans for this project that that the building should appear no more than two stories as viewed from the street, however, the Commission has been open to exploring the mezzanine concept further. Both the General Plan and Zoning Code make reference that building should have no more than two stories above grade. However, while the zoning code does not provide a definition of a mezzanine, it does refer to the mezzanine level as a “mezzanine floor” and not a “mezzanine story.”

CMC 17.14.140: Floor area 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.

CMC 17.70.020:

Floor. A surface that is horizontal or nearly so located within the interior of a structure which is suitable for walking or standing upon.

Story. A space in a building between the upper surface of any floor and either the upper surface of the next floor above, or in the case of the topmost floor, the ceiling or roof above. Those portions of a subgrade or partially subgrade living space, space used for parking, underfloor space or crawl space are counted as a story where the finished floor above such space is five feet or more above the final grade adjacent to any exterior wall around the perimeter of the building.

This item regarding the mezzanines was deliberated at the October 12, 2023 Preliminary Review Hearing and the Commission gave mixed feedback regarding the inclusion of the mezzanines.  Support came as it was acknowledged they can help provide housing units, and opposition was stated that they may appear as a third story.  The mezzanines currently proposed are substantially similar to the mezzanines reviewed at that hearing.   

They city’s Building Official has reviewed the proposed plans and has confirmed the mezzanines meet the building code requirements to be considered a mezzanine. Additional review will also be required through the building plan check process.

The project meets the prescribed zoning code requirements pertaining to height limits.

Open Space Courtyards and Intra-Block Walkways – CMC 17.14.170:

The Commercial Design Guidelines that “Courtyards and intra-block walkways are important design features of the commercial districts. They provide pedestrians the anticipation of the unusual, swift and gratifying shifts in prospect, and often intriguing connecting routes between two or more streets defining a block.

In the commercial districts, courtyards and intra-block walkways are so encouraged, that floor area bonuses are granted for their inclusion.  As outlined in CMC 17.14.170:

A courtyard is an open space on private property that is linked to an adjoining sidewalk or walkway in such a manner as to encourage public access. It must be enclosed on at least two sides by buildings and must remain open to the sky. To qualify for floor area bonus provisions the minimum width of a courtyard shall be 20 feet and the minimum area shall be 400 square feet.

An intra-block walkway is a publicly accessible ground level pedestrian path providing a connecting route between two or more different streets around a block. Such walkways are often coordinated with courtyards and may involve more than one property ownership to complete. To qualify for floor area bonus provisions the minimum width of an intra-block walkway shall be four feet.

The applicant has proposed both courtyards and an intra-block walkway as part of the proposed project.  A courtyard is proposed to be located along Dolores Street and adjoined to the sidewalk at one of the primary entrances to the site, is enclosed by buildings on the north and south sides with a width of approximately 24’ and is approximately 441 square feet. A second courtyard is proposed to be centrally located on the site between the four buildings and will be adjoined a portion of the intra-block walkway with varying widths (all greater than 20’ wide) and is approximately 1,327 square feet.   Both courtyards will appear larger on plans than the areas indicated, as the minimum area for adjacent and connected intra-block walkways have been subtracted from the open space areas as they are in fact separate, although related, features.

The applicant has also proposed an intra-block walkway with access from Dolores Street (through the courtyard, described above, as well as from 5^th Avenue, through the center of the project site and connecting to “Lincoln Lane,” an adjacent building site with frontage on Lincoln Avenue with existing access that has been planned to connect to the subject site.  All portions of the intra-block walkway exceed 4’ in width.

Figure 8. Proposed courtyard locations (shaded blue areas) and

Intra-block walkway access (dashed black line and red shaded area).

The project meets the requirements pertaining to courtyards and intra-block walkways and qualifies for the floor area bonus granted for providing said features.

Landscaping – CMC 17.14.180:

As stated in CMC 17.14.180, Landscaping shall be provided in conjunction with development in commercial zoning districts in accordance with CMC 17.34, Landscaping.

A comprehensive landscape plan has been provided on sheets L1.0-L1.4 (refer to Attachment 5). A discussion on the landscaping has been provided in the Design Review section, below.

Public Improvements – CMC 17.14.190:

In accordance with CMC 17.14.190, Development projects involving substantial new or replacement construction shall include improvements in the public right-of-way adjacent to the building site to coordinate the design of the development with the design of City streets, sidewalks, walkways and infrastructure improvements and to enhance the overall appearance of the community. These Public way improvements shall consistent with the Policy Standards for Public Way Designs. 

The applicant has prepared a comprehensive public improvement plan that includes:

• The installation of 7 new street trees planted within structural underground cells,
• Construction of new stone and curb gutters along 5^th avenue and Dolores Street
• Construction of a new permeable paver sidewalk adjacent to the subject property
• Construction of a new ADA ramp at the corner of 5^th Avenue and Dolores Street
• Construction of a new driveway apron; and
• Repaving Dolores Street and 5^th Avenue to the centerlines of the street adjacent to the subject property.
  
  

The Public Works Department has also reviewed the proposed project for the off-site improvements and has provided recommendations for the project. These recommendations have been included as Conditions of Approval #44DR.

The applicant has also proposed to locate some of the site’s drainage features as well as a transformer in the public right-of-way. The applicant is proposing to locate a storm water treatment system and associated manhole in the sidewalk that will be connected to an existing storm drain. While drainage features are generally requested to be maintained on-site, City Standard Operating Guidance (SOG) # 17-07, Private Storm water Drainage Systems, which is adopted in CMC 15.18.010.A, give exceptions for complex projects. 

In this case, the applicant is working with a site that has already been excavated from a previously approved project and is utilizing a similar strategy to manage storm water from the previously approved project where the storm water treatment system was also located in the city right-of-way and limited locations to infiltrate storm water on-site. Consistent with the requirements of SOG 17-07 for complex projects, Condition of Approval #36DR has been included requiring that:

“Prior to issuance of a Building Permit, the applicant shall revise the drainage plan to infiltrate all storm water on-site in accordance with SOG 17-07. Any substantial site or building alterations as a result of drainage modifications shall be re-review by the Planning Commission.

If sufficiently demonstrated that maintaining drainage on private property creates a significant hardship to the property owner, the director of Public Works may allow a portion of the site’s drainage improvements in the right-of-way. If allowed by the Director of Public Works, the applicant shall submit a drainage report identifying anticipated runoff volumes from the property in order to determine whether a 10-year storm can be properly conveyed through the City’s storm drain system for the proposed storm water treatment facility. 

If the report finds the runoff can be supported by the city’s storm drain system, the applicant shall apply for an encroachment permit to maintain any storm water facilities within the public right of way.  If the report finds the runoff cannot be supported, the applicant shall revise the drainage plan to infiltrate additional storm water on-site.  A maintenance agreement approved by the City Administrator and/or City Council and recorded with the Monterey County Recorder shall accompany any storm water installations within the city right-of-way. If the encroachment permit is not approved, all drainage improvements shall be located on-site in accordance with SOG 17-07. 

Any substantial site or building alterations as a result of any drainage modifications shall be re-review by the Planning Commission.”

Additionally, a PG&E transformer is proposed to be located within the right of way adjacent to the project site. According to the applicant: a pad mounted transformer would need to be installed somewhere adjacent to the street with additional clearances beyond the transformer with bollards and some type of visual screening –typically an area of 12’x14’ would be required. Alternatively, PG&E could require a subterranean transformer to be located inside a vault. In the case of Ulrika Plaza, there is an underground garage with extremely marginal headroom clearances that barely meet the requirements of the Americans with Disability Act (ADA). A vault would need to be somewhere about 5’ in depth.

Staff notes that there is potentially a suitable location for the transformer to be located on-site in a vault if located in the courtyard area adjacent to Dolores Street (refer to Figure 8, above). However, this location would likely result in a loss of (at a minimum) two on-site parking spaces due to the loss in the necessary height clearances of the garage which would put the project below the on-site parking requirement (discussed below).  Locating the transformer in a vault in the right-of-way would allow for a surplus of on-site parking.

PG&E does have a published guidance document, however, titled: Pad-Mounted Transformer Installed Indoors (document #057521), which provides a guide for determining space requirements and illustrates recommended layouts to accommodate transformers installed in a dry room located inside or adjacent to a customer’s building, including within basement spaces. It is unclear if all options within this guidance document have been explored which could have the transformer screened and located on-site as this is an alternative to vaulting.

Similar to Condition of Approval #36DR, Condition of Approval #37DR has been included requiring:  

“Prior to building permit issuance, the applicant shall revise the plans to so that the required PG&E transformer is located and installed on the subject property. If sufficiently demonstrated that maintaining the transformer on-site is technically infeasible, the applicant may apply for an encroachment permit to maintain a PG&E transformer for the site within the public right of way.  A maintenance agreement approved by the City Administrator and/or City Council and recorded with the Monterey County Recorder shall accompany any installations within the city right-of-way. If the encroachment permit is not approved, the transformer installation shall be relocated on-site. 

Any substantial site or building alterations as a result of the transformer’s installation or relocation shall be review by the Planning Commission.”

For the two conditions listed above, granting approval of the project does not guarantee approval of either of the subject encroachment permits.  Staff is recommending approval of the project because there are conditions in place that will require substantially effort be made to locate the subject equipment on-site prior to the application of an encroachment permit.

Parking Requirements – CMC 17.14.200:

As outlined in CMC 17.14.200, Surface parking, parking structures and driveways design shall be consistent with the provisions of CMC 17.38, Off-Street Parking Requirements. Additionally, one of the required findings for the Use Permit Approval for increase in commercial floor area (analysis below), requires consistency with the provisions of CMC 17.38.

Minimum Parking:

As required by CMC 17.38.020, new projects or developments shall only be allowed when meeting all parking requirements of this chapter and the requirements of any use permit, subdivision approval or specific plan applicable to the property. Proposed uses within existing buildings may replace existing uses as long as any existing parking deficiencies on the property are not increased by the replacement. Proposed additions of floor area, new shops or dwelling units, or other similar changes in land use resulting in a net increase in parking requirements, as set forth in this chapter, shall provide all required parking generated by the new activities on the site.

The table below (Table 1) sets forth the required parking for the proposed land uses in the subject zoning district, and is an abridged table that outlines all land uses and all zone districts (full table located in CMC 17.38.020.C).

Based on the parking factors for the SC District and proposed land uses, the site is required 27 on-site parking spaces.  The applicant has proposed 28 on-site parking spaces, all of which are proposed to be located in the subterranean garage.

The proposed 28 parking spaces will be split between the 12 residential units (12 parking spaces required to be provided), and the remaining 15 spaces required will be dedicated for the various commercial uses with one additional extra parking space provided.

Of important note, the commercial parking ratio has been determined using the square footage (1 space per 600 sf of commercial floor area) as this results in a greater number of parking spaces than the proposed number of commercial business spaces.

• 9,000 sf of commercial spaces / 1 parking space per 600 sf of commercial floor area = 15 parking spaces required
• 14 proposed commercial spaces = 14 parking spaces required

While surplus parking has been provided, the number of commercial business spaces could never exceed 15 total commercial units for the site (14 currently proposed) as the site would exceed the on-site required parking, specifically the standard-compact parking ratio (described below). 

Parking Design Standards:

For standard parking spaces, the minimum dimensional standards are 9’x19’ and compact spaces are 8.5’x16’.  Compact spaces may constitute 50 percent of the total required spaces and any parking spaces provided in excess of the minimum requirements may be compact spaces. Dimensional standards for ADA spaces are prescribed by the building code and are considered standard spaces for determining the standard-compact ratio.

The applicant has proposed 18 standard parking spaces (including and 2 van accessible ADA parking (one dedicated for commercial and one for residential)) and 10 compact parking spaces. As the applicant has provided one surplus compact parking space, the number of commercial business spaces could never exceed 15 total commercial units for the site as the site would exceed the on-site required parking, specifically the standard-compact parking ratio (described above). Additionally, CMC 17.38.020.H prescribes specific design standards for below grade parking structures.

Height: For that portion of an underground garage facing any public street, way, place or park, the maximum height of the finished floor level above an underground parking garage shall not be greater than five feet above the existing grade or the official street grade whichever measurement results in the lesser height. The maximum height of the finished floor level above an underground garage shall not be greater than eight feet above the surface of the ground adjacent to any exterior wall around the full perimeter of the garage. Garages not meeting these two standards shall be counted as a story.

With the exception of the garage entry ramp, the entirety of the garage will be located underground.  The proposed garage will utilize the existing excavated basement area and building structures will be constructed on a podium above the garage with the finished floor level of the ground level adjoining to the sidewalk level.

Setbacks. Underground parking garages may be constructed within required setbacks if significant trees will not be removed or injured and the setback can still be effectively landscaped. Underground garage designs should provide sufficient room around the perimeter to accommodate existing and new tree root systems.

The garage is proposed to utilize the existing excavated space from the previously approved project.  Additionally, the SC zoning district does not prescribe front, side, or rear yard setback and the building may be constructed to the property lines.  New trees root systems will be protected through the use of structural cells as part of the required right-of-way improvements.

Driveways. The grade of driveways providing access to underground garages shall not exceed five percent in the first 10 feet of the driveway slope near the entry and shall not exceed 10 percent in the last 10 feet near the level of the garage floor. The intervening grade shall not exceed 25 percent. Driveway designs shall provide sufficient area to allow drivers to view automobile and pedestrian traffic before merging into such traffic.

The garage is proposed to utilize the existing ramp that was approved from the prior construction. At the top of the driveway ramp, the building edge is proposed to be setback 6’6” from the sidewalk edge and 15’ from the street edge.

Ventilation and Access. Garages shall be ventilated to avoid the buildup of exhaust gases. When mechanical ventilation is used, noise mitigation measures shall be incorporated such as low-noise fans, insulated ductwork and vibration absorbing mounting systems. Ducts shall not exhaust toward any openings or open space on any adjoining property nor toward any on-site or off-site way, street, place or park accessible to the public. Plans for underground garages shall be reviewed to ensure accessibility for Police and Fire Department personnel during emergencies.

While ventilation and ducting plans have yet to be prepared, the applicant has been informed and understands the requirement and has noted to staff that the ventilation schematic for the garage will be shown on the Project’s construction documents.  Condition of Approval #38DR and #53UP have been included reiterating the above requirement be addressed in the building permit plans prior to building permit issuance.

As conditioned, the project meets the standards for on-site and underground parking.

Use Permits

The proposal requires three use permits associated with the project.  An analysis of each of the required use permits is provided below:

Use Permit #1 - Increase in Commercial Floor Area, Commercial Spaces or Business – CMC 17.14.050

In accordance with CMC 17.14.050.E, Any construction resulting in a net increase in the amount of commercial floor area shall require a conditional use permit and coastal development permit authorizing such increase. Prior to authorizing such increase, the Planning Commission shall make all findings listed in CMC 17.64.100, Increase in Commercial Floor Area, Commercial Spaces or Business. The decision-making body may approve plans submitted or may approve such plans subject to specified changes or conditions.

As outlined in CMC 17.64.100, The following findings are required for approval of an activity resulting in an increase in commercial floor area, commercial spaces or businesses:

1.  That the proposed development has been found consistent with Chapter 17.30 CMC related to the demolition of structures;
   
   
   1.  Approval of this project does not result in the demolition of a structure subject to the findings outlined in CMC 17.30.  The previous structure(s) that occupied the subject site have already been demolished as a result of a prior approval.  The subject site is partially under construction and the applicant is proposing to utilize the existing building site that is partially under construction. 
      
      
2. That the proposed development has been found consistent with CMC 17.14.050(A), (E) and (F), related to the demolition and conversion of residential uses;
   
   
   1.  No existing residential dwelling unit shall be converted or demolished unless replacement housing is provided in accordance with findings established in CMC 17.64.070, Demolition and Conversion of Residential Structures.
      
      
      1.  No existing residential dwelling units have been converted or demolished as a result of the proposed project. The project will result in a net increase of 12 market rate apartment units. 
         
         
   2. Any construction resulting in a net increase in the amount of commercial floor area shall require a conditional use permit and coastal development permit authorizing such increase. Prior to authorizing such increase, the Planning Commission shall make all findings listed in CMC 17.64.100, Increase in Commercial Floor Area, Commercial Spaces or Business. The decision-making body may approve plans submitted or may approve such plans subject to specified changes or conditions.
      
      
      1.  A Conditional Use Permit and associated Coastal Development Permit has been applied for and findings for approval have been made herein.
         
         
   3. Except as provided for legally established motel units in CMC 17.14.040(M), Hotels and Motels, all newly constructed second story floor area, including area in new buildings, remodeled buildings and replacement, rebuilt or reconstructed buildings, shall be occupied by residential dwellings only and shall        not be used for any commercial land use.
      
      
      1.  The subject site is not a hotel/motel use and all second floor uses are proposed to be residential.  A Condition of Approval has been included stating any area located above the ground level shall not be used as a commercial use.  In staff’s opinion, an acceptable exception is to allow for home occupation business for tenants of the apartments upon approval of a home occupation business, if permitted by the tenant’s lease agreement.  The apartment would still be classified as a residential unit, and not a commercial business.  Home occupations do not involve visits by customers, vendors, attendees, salespeople or employees of the business, but allow a tenant to use their residence as a home office or similar place of business.
         
         
3. That the proposed development has been found consistent with CMC 17.50.040, Effects of Allocation, related to water consumption;
   
   
   1.  As outlined in Condition of Approval #4, “Approval of this application does not permit an increase in water use on the project site without adequate supply. Should the Monterey Peninsula Water Management District determine that adequate water is not available for this site, this permit will be scheduled for reconsideration, and appropriate findings prepared for review and adoption by the Planning Commission.”
      
      
4.  That parking will be provided to serve all new development on the site consistent with the provisions of Chapter 17.38 CMC, Off-Street Parking Requirements;
   
   
   1.  The parking complies with the requirements outlined in CMC 17.38, as described above.
      
      
5. That all existing nonconformities on the property have been identified, that the proposal would not increase, expand or create any nonconformities, and that the proposal has been found consistent with Chapter 17.36 CMC, Nonconforming Uses and Buildings;
   
   
   1.  The project is for the construction of a new mixed-use development on a site that has already been demolished and is partially under construction.  Any non-conformities that previously existed have been demolished and all new construction is consistent with the requirements of the municipal code.
       
6. That the approximate square foot areas devoted to residential space, commercial space, landscaping and parking have been designated for guidance in reviewing any design plans that may be necessary and that such areas have been found consistent with Chapter 17.14 CMC, Commercial Zoning Districts.
   
   
   1.  The applicant has provided the appropriate information in respect to residential space, commercial space, landscaping, and parking in the project plans for review of the project. The project is consistent with the requirements of CMC 17.14, as described in the “Zoning District and Development Standards” section, above.

While not immediately adjacent to the R-1 Zone District (the project site is adjacent to Zones SC and with a Community Plan District), the project site is located within 300-feet of the R-1 District and there for the following standards shall apply (CMC 17.14.050.H):

1. No activity shall be permitted that generates noise in excess of 55 dB at the exterior of the building or yard in which the use is conducted. No activity shall be permitted that causes in excess of 50 dB measured at the property line of any site in the vicinity of the use. Proposed activities that would generate or cause noise in excess of these levels shall require mitigation to achieve these standards or shall be prohibited. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale and shall be averaged over a 15-minute period. If the use generates or causes noise which includes a steady whine, screech or hum, or is repetitive or percussive or contains music or speech the respective noise standards shall be reduced by five decibels.
   
   
2. Any activity requiring deliveries by vehicles wider than eight feet or vehicles of three axles or more shall provide off-street loading facilities adequate to avoid double parking on street. Such facilities shall be used to the extent feasible.
   
   
   1.  As part of the off-site improvement plan, the applicant is required to re-stripe the street including the on-street parking stalls.  Currently, there is an existing abandoned driveway which may accommodate an additional on-street parking space, however, this additional space could be used as a commercial loading zone space.  Staff has included Condition of Approval #58UP, stating “prior to building permit issuance, the applicant shall work with the Community Planning and Building Department and Public Works Department to explore the addition of a “Commercial Loading” parking space immediately adjacent to the project site.  In no case shall there be a net loss of public on-street parking.
      
      
3. Proposed commercial uses that are estimated to generate more than 40 vehicle trips per day per 1,000 square feet of floor space, including but not limited to all retail uses, shall be prohibited from operating before 8:00 a.m. or after 8:00 p.m. All other commercial uses shall be prohibited from operating before 6:00 a.m. or after 9:00 p.m.
   
   
   1.  Note: According to the Traffic Study for the project (Attachment 4), commercial uses that are estimated to generate more than 40 vehicle trips per day per 1,000 square feet of floor space include, variety retail stores as well as fast casual restaurants.
      
      

Future tenants have yet to be identified, and each future business will be reviewed through the standard Business License and/or Use Permit application process, as applicable. The Zoning Code provides a list of appropriate land uses in the Service Commercial District that are appropriate uses for the SC Zoning District.  Examples of permitted and conditionally permitted uses include: animal grooming, full-line restaurants, clothing stores, home furnishing stores, stationary stores, laundry services, business and professional offices, and medical offices. Examples of prohibited uses include: antique stores, art galleries, jewelry stores, specialty restaurants, and commercial recreation facilities.

While no specific commercial uses have been proposed as part of this project and the commercial space is only proposed to be approved as a shell, the above requirements would apply to any future commercial business located at the project site. 

To the same point, the proposed courtyard shows an outdoor seating area.  However, this seating area does not pre-approve, or pre-authorize outdoor seating for any future restaurant tenant on the subject site.  Should a restaurant be located on the site and outdoor seating be proposed in the courtyard, the seating for the restaurant shall be reviewed for consistency with CMC 17.14.220.D, Design Regulations for Exterior Seating Associated with a Restaurant. 

Use Permit #2 - Residential Density 22 du/ac –33 du/ac – CMC 17.14.030

CMC Section 17.14 establishes the range of permitted and conditional uses that are allowed in the SC Zoning District.  Multi-family projects between 0 and 22 dwelling units per acre (du/acre) are a permitted use.  Projects between 22-33 du/acre require a conditional use permit and projects with densities between 34-44 du/acre require a conditional use permit with a finding that the project complies with State Density Bonus Law (Gov. Code Section 65915). 

The applicant is proposing 12 residential (apartment) units on a 16,000 square foot site, which is a density of 33 du/acre and is therefore requires issuance of a Conditional Use Permit by the Planning Commission. In the Core Commercial, this is the maximum allowable density allowed without the need for a density bonus. Due to the number of units proposed, there is no required affordable housing requirement associated with the proposed residential density and requiring affordable units cannot be imposed.  All 12 units are proposed to be long-term rental apartments with none being used as transient (short-term) rental units. CMC 17.14.040.N requires 25% of the units shall be 400 to 650 square feet in size –with 12 units proposed, 3 units would need to be between 400 and 650 square feet. The proposed rental units range in size with three of the units being a one bedroom units that are 650 square feet or less and the largest being an 1,863 square foot two-bedroom unit.  While still market rate units, the smaller units become more “affordable by design” due to the smaller square footage of each unit. 

10 of the 12 apartments are proposed to be located on the second floor of the building with 2 of the units being located on the ground floor near the northwest corner of the property. All of the units with the exception of 2 (units F & I) will have at a minimum of a small private open space area or balcony, with the mezzanine units having a private terrace area on the mezzanine level.

While a Conditional Use Permit is required for the proposed density, there are no specific findings required for the subject Use Permit aside from the findings required for all use permits (CMC 17.64.010), described below.

Use Permit #3 - Underground floors – CMC 17.14.150.A:

CMC 17.14.150.A states, No building shall have more than two stories above grade. Additional underground floors, not defined as a story, may be authorized by a use permit approved by the Planning Commission when the use of these floors is expressly limited to the parking of vehicles, noncommercial storage and mechanical equipment serving the building.

The applicant has proposed a 15,292 square foot basement that includes parking for the site, a storage area, a trash/recycling room, electrical room, janitor’s closet, and restroom facilities for the building. The parking for the site is described in detail, above.  The storage area is initially proposed to be constructed as a shell space, but ultimately will be split between the residential and commercial uses.  While commercial storage is prohibited, this space will only be utilized by the commercial tenants of the building, and not as a “commercial storage facility” that would be open to the public. The trash/recycling, electrical, and restrooms are all considered as part of the mechanical equipment that service the building.  It has not been confirmed if the restrooms would be open to the public or just tenants of the building.

Like with the residential density, while a Conditional Use Permit is required for the proposed density, there are no specific findings required for the subject Use Permit aside from the findings required for all use permits (CMC 17.64.010), described below.

General Use Permit Findings

In its review of applications for use permits, the Planning Commission shall evaluate each proposed use in order to consider its impact on the City. No use permit shall be granted unless all of these general findings can be made:

1. That the proposed use will not be in conflict with the City’s General Plan.
   
   The proposed increase of commercial floor area, residential density, and use of the basement level  do not create any inconsistencies or conflicts with the City’s General Plan as outlined in this report. 
   
   
2. That the proposed use will comply with all zoning standards applicable to the use and zoning district.
   
   The proposed increase of commercial floor area, residential density, and use of the basement level comply with all applicable zoning standards as outlined in this report. 
   
   
3. That granting the use permit will not set a precedent for the approval of similar uses whose incremental effect will be detrimental to the City, or will be in conflict with the General Plan.
   
   The proposed increase of commercial floor area, residential density, and use of the basement level is not precedent setting.  The use permits granted are all uses part of the established context and land use of the commercial districts.
   
   
4. That the proposed use will not make excessive demands on the provision of public services, including water supply, sewer capacity, energy supply, communication facilities, police protection, and fire protection.
   
   The proposed project consists of 12 residential units, parking, and a commercial shell with up to 15 business spaces, which would be an increase in use at the site. However, these uses will not significantly adversely affect police or fire protection services. Utility services including wastewater, sewer, and landfill facilities have adequate capacity for the proposed project, or the project has been conditioned appropriately to verify adequate capacities or supply prior to building permit issuance. 
   
   
5. That the proposed use will not be injurious to public health, safety or welfare.
   
   The proposed increase of commercial floor area, residential density, and use of the basement will not be injurious to public health, safety or welfare.  The use permits granted are all uses part of the established context and land use of the commercial districts.
   
   
6. That the proposed use will be compatible with surrounding land uses and will not conflict with the purpose established for the district within which it will be located.
   
   The proposed increase of commercial floor area, residential density, and use of the basement will are all uses part of the established context and land use of the commercial districts and their inclusion are supported by the zoning code and General Plan. 
   
   
7. That the proposed use will not generate adverse impacts affecting health, safety, or welfare of neighboring properties or uses.
   
   The proposed increase of commercial floor area, residential density, and use of the basement will not generate adverse impacts affecting neighboring properties or uses as the zoning code has been written to ensure that impacts of these features to neighboring properties and uses are minimized. 
   
   

Design Review

As previously stated in the report, when development of a parcel larger than 12,000 square feet is proposed, the land area must 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 proposed project consists of four different buildings sited on the building site with four different styles of architectural finishes. According to the applicant, the architecture style of each building is: Contemporary (Building 1), Craftsman (Building 2), Spanish Colonial Revival (Building 3), and Tudor Revival (Building 4). The applicant has provided a Design Narrative describing the design intent of each building in detail which has been included as Attachment 3.

As outlined in the document, “[The Commercial Design Guidelines] establish a series of design statements intended to conserve the historical village character and pedestrian orientation of Carmel's central commercial district. The emphasis of this document is architectural, with special attention to building facades. Please note that these are guidelines and should be taken as descriptive, not prescriptive; they are likely to be most useful as a guide during the preliminary planning process. Strict compliance with every guideline is not necessary for approval of a project, but deviations should be related to good design principles and site conditions. More definitive design specifications are set forth in the Zoning Code, Title 17.”

Unless otherwise noted, the analysis below described the site (all four buildings) as a whole.  The applicant has provided a detailed, and interactive, material sample book which has been included as Attachment 7.

Design Guideline A. Conservation of Design

The Commercial Design Guidelines do not provide a descriptor or objective for Design Guideline A. Rather, Design Guideline A is comprised of a number of guidelines primarily addressing overall building design, form, heights, and storefront patterns.

Design Guideline A.2 states, New buildings should not imitate styles of the past but strive to achieve compatibility with the old. At a previous Preliminary Review of the project, an earlier design of the project included a Tudor style building.  The initial feedback received was that this building conflicts with this Design Guideline.  While the initial feedback was received was not to imitate styles of the past, some members of the community continued to voice support for the Tudor style throughout public review of the preliminary project, even when the design was omitted from the project. 

The applicant has elected to revisit the Tudor style, and why stylistically similar, has taken a different design approach as to not “imitate styles of the past.”  As stated in the applicant’s Design Narrative:

Carmel is often associated with its enchanting Comstock fairytale cottages which, in many cases, are essentially cartoonish renditions of a Tudor Revival aesthetic. For Building 4, we opted to forgo any semblance of a fantasy-inspired approach and instead gleaned inspiration from the cottages’ Tudor-derived design roots. Aside from the storybook cottages, Carmel is also home to several noteworthy and beautifully hand-crafted Tudor Revival structures that also contribute to the old-world charm of the village and form the basis for Building 4’s design vision. Character-defining elements of Tudor Revival are represented in Building 4’s use of hand-hewn, dark brown stained half-timbered trim, asymmetrical forms, multiple gables and steeply pitched roofs with genuine flat clay tiles, herringbone clay brick infills, tall, multi-pane windows, Tudor pointed cast-stone arches, and overhangs with decorative supports.

Staff concurs with the applicant’s statement above regarding the building being differentiated and not being an imitation of existing Tudor buildings and instead taking inspiration from Tudor traditions and designed a building in a more contemporary design and form. 

Figure 9. Proposed Building 4 – Tudor Revival.

Design Guideline A.3 states, Building forms should complement the rhythms established by other buildings in the immediate vicinity. Such patterns as height, number of stories, width of storefronts, scale of building forms, eave heights, and sizes of doors and windows should be used as guides to establish the context for new or remodeled buildings.

The subject site complements the rhythms, forms, mass and scale of the established buildings in the vicinity.  While the new development is proposed to be a two story building set amongst existing one-story buildings, the zoning code and General Plan support the development of mixed use buildings (residential over commercial) in the Core Commercial land use designation and the buildings have been designed to be sensitive to the surrounding one story buildings. 

Along the “build-to line” at the street frontage (refer to “Building Coverage” section, above), the buildings are broken into smaller building forms that reduce the small and scale of the project with the widest frontage being 67’6” –Building 4. The other buildings along the street frontage that form the pedestrian wall range between 58’7” and 38’10”.  This building pattern is consistent with a majority of the surrounding sites in the immediate vicinity that are comprised of 80’ wide lots (refer to Figures 10 and 11, below).

Additionally, while Dolores Street is primarily made up of one story buildings, the combination of open space areas, roof forms that are pushed back away from the street, and building setbacks away from adjacent properties help to create a natural transition between the existing one-story buildings and the proposed two story development.  While there are more one story buildings on Dolores, two story buildings exist along 5^th Avenue and are the existing development pattern.  The project is in scale with the adjacent two story building (refer to Figure 7, above).

Figure 10. Approximate site overview –not to scale.

Figure 11. Rendering with site overview. Capture from property owner’s website.

Design Guideline B. Facade Proportions.

Each building should be treated as a consistent whole. Modifications to storefronts that are part of a larger building or court should preserve or restore the common elements that serve to integrate building design.

Each building within the Plaza shall be treated as a consistent whole.  Lines of construction, patterns of openings, and such details as trim, window style, door dimensions, wall color, and building and roof forms are integrated and consistent throughout each of the four buildings.  Along the street frontages, the pedestrian wall maintains elements of relief and is punctuated by occasional offsets including entries, window projections and recesses, small planters, and entrances to courtyards and intra-block walkways, as encouraged by the Commercial Design Guidelines.

Design Guideline C. Window Patterns.

Window design should be consistent with the original building concept or with its architecture. Wood framed windows with true divided lights (Tudor, Craftsman, Norman), arched windows (Spanish, Colonial Revival), or banded windows (Craftsman) are typical.

All windows proposed are consistent with the architecture of the buildings in which they are located and follow the guidance described above.

Design Guideline D. Size, Shape, and Nature of Doors and Entries.

Entrances to stores are typically recessed from the façade by creating a small alcove. This establishes a more definitive sense of entry and affords an alternative view of merchandise in display windows.

Door recesses are not proposed.  This is a minor deviation from the Design Guidelines, and while the commission could condition the project to include a recess at each door, staff recommends this be found as an acceptable deviation from the Design Guidelines consistent with the provision that states: 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.

Design Guideline E. Materials, Textures, and Colors.

Building materials and colors should respect the traditions already established in the commercial district. The use of richly detailed wood, tile, moldings, corbels, brick, and stone, as well as landscaping, are encouraged.

The applicant has prepared a comprehensive list of materials to be used throughout the project. The material list has been provided as Attachment 7. The proposed materials are consistent with the traditions established in the commercial district and are consistent with Commercial Design Guidelines.  A summary of the major materials is provided in Table 2, below.

Consistent and appropriate use of materials also extends into the common areas of the site and include paver walkways, flagstone fountains, wrought iron railings, and decorative tile elements.

Design Guideline F. Courtyards and Intra-Block Walkways.

Courtyards and intra-block walkways are important design features of the commercial districts. They provide pedestrians the anticipation of the unusual, swift and gratifying shifts in prospect, and often intriguing connecting routes between two or more streets defining a block.

While a courtyard should maintain continuity of architecture, colors and materials, the zoning code requires differentiation between buildings on sites larger than 12,000 square feet.  As a result, the buildings have been divided into four distinct architectural styles.  This is an acceptable and minor deviation from the design guidelines to ensure consistency with the zoning code in order to still provide a courtyard which is an important design feature of a building site.  The physical courtyard areas, however, area compatible with the size of the building site and feature a consistent use of materials, colors, textures, landscape treatments throughout.

Design Guideline G. Landscaping.

Carmel is noted as "the village in a forest," and the forest should not end at the boundaries of the commercial district. Improvements to property that incorporate trees and other living plant materials attractively arranged and maintained are desirable.

The applicant has also included a comprehensive landscape plan.  The City’s former City Forester had reviewed and provided comments on the landscape plan.  Approval of the final landscape plan shall be subject to review and approval by the current City Forester as required in the standard conditions of approval. 

The landscape plan includes both landscaping on the site as well as in the right-of-way. Seven new street trees are proposed including a mix of upper and lower canopy trees including two Monterey Pines and three Brisbane Box planted on Dolores Street, and two Fern Pines on 5^th Avenue.  All street trees are proposed to be planted with California Fescue and Pacific Blue English Lavender. There are also two existing oaks in a mini-park at the corner of Dolores and 5^th adjacent to the subject site that are proposed to remain that shall be protected during construction.

The new street trees shall be planted in within underground structural cells that provide at least 100 cubic feet of un-compacted soil volume for the long term viability of new trees. A note has been included on the preliminary drainage plan that “silva cells” (a type of structural cell) are intended to be used in the tree wells, however, this requirement has also been noted as a Condition of Approval.

Landscape and planter areas have been included along both street frontages, as encouraged by Commercial Design Guideline B, as well as throughout within the interior of the courtyard and along portions of the intra-block walkway.

Design Guideline I. Lighting.

Lighting should be the minimum required for public safety.

The applicant has proposed compatible light fixtures for each building as well as the common spaces (refer to Attachment 7).  Unlike the Residential Design Guidelines, there is no Design Guideline that the lighting needs to be shielded and downlit, however, the city’s lighting ordinance (CMC 15.36.070.A) prescribed that: Lighting intensity shall not exceed 8 candlefoot power at a point two feet beyond the storefront windows as measured in a vertical or horizontal plane three feet above the ground or public walking surface.

A photometric plan (refer to Attachment 5, Sheet E2.1P) has been provided for the exterior lighting.  As assessed by the photometric plan, the lighting adjacent to the sidewalk complies with the lighting standard and will not exceed 4.9 candlefoot power in the adjacent right-of-way (8 candlefoot power permitted).  However, the interior of the courtyard/intra-block walkway area maintains a lighting intensity of up to 16.3 candlefoot power, over double what is permitted.  As the lighting ordinance requires lighting intensity be no greater than 8 candlefoot power “above the ground or public walking surface” the areas within the shall also comply with the lighting standard and are not only limited to areas that front the public right-of-way.

To maintain compliance with the Commercial Design Guidelines that lighting should be the minimum required for public safety, and to maintain a continuity of lighting intensity throughout the site, Condition of Approval #43DR has been included requiring photometric and lighting plan be revised to not exceed 8 candlefoot power throughout the site.  A condition has also been included that light fixtures shall not overhang into the public right-of-way (Condition of Approval #42DR).

Public Correspondence (Attachment 9): At the time of writing this report, staff has received multiple correspondences regarding the project (latest set of revised project plans –Attachment 5).  The majority of letters and comments received voice support of the project while a lesser number voice concerns and opposition to the project. Correspondence for the project received at the time of publication has been included as Attachment 9.  Additional correspondence received after publication of the staff report will be forwarded to the Commission and attached to the agenda as late correspondence.  

Staff recommends the project be found categorically exempt from the California Environmental Quality Act (CEQA), State CEQA guidelines and local environmental regulations, pursuant to Section 15332 (Class 32) – In-Fill Developments. This exemption is intended to promote infill development within urbanized areas which are consistent with local general plan and zoning requirements. This class is not intended to be applied to projects which would result in any significant traffic, noise, air quality, or water quality effects. Such projects must meet Part 1 conditions (a) through (e) described in the analysis below and must not trigger exceptions to the exemption in Part 2. Findings for Parts 1 and 2 have been included in Attachment 2.