Ekard Smith & Associates 

July 20, 2026 

Russ Penniman 

President 

Protect Rancho Santa Fe 

Dear Russ:

When Protect Rancho Santa Fe retained Ekard Smith and Associates, we were asked to review Association Protective Covenant, the Regulatory Code, and other records and documents to ensure that the Silvergate project was in compliance. We are still in that process, but we have identified an area of concern that would have a significant impact on the overall design that is now before the Art Jury. Rather than wait until we have completed our review, we felt that it is in the best interest of all parties that the issue be resolved as soon as possible.

The breakdown of the individual units, as defined in the plans we have been provided (copy attached), shows that 52 of the apartment units are only 1,440 sq feet in size and the 24 memory care units are 375 sq feet.

Based on this information, the 52 multiple dwelling apartments units appear to be 17.7% (310 sq. ft.) smaller than required by Section 43 of the Regulatory Code.

43.01 Purpose and intent. The purpose of this regulation is to establish minimum building standards for Multifamily Buildings (defined below) situated on property under the jurisdiction of the Protective Covenant. The intent of this regulation is to regulate appearance and intensity of use and to preserve community character.

43.0301 Minimum Size Requirements. The enclosed living space in each Unit of a Multifamily Building shall not be less than 1,750 square feet. Specifically excluded from the calculation of enclosed living space shall be garages, porches, patios, and breezeways. For purposes of this paragraph, a “Unit” means a complete, independent living facility for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and having a kitchen.

We cannot find any indication in our record search that this limitation has been addressed. 

Peter Smith 

Partner 

Ekard Smith & Associates 

Click to see the conceptual site plan from Ekard Smith Memo

Click to see the conceptual landscape plan from Ekard Smith Memo