July 28 2026

Thomas Walper, President, Members of the Rancho Santa Fe Art Jury
Rancho Santa Fe Association
P.O. Box A
Rancho Santa Fe, CA 92067

Re: Silvergate Project – Noncompliance with Regulatory Code §43.0301 Minimum Unit Size Requirements 

Dear Members of the Art Jury: 

Protect Rancho Santa Fe retained Ekard Smith & Associates to review the Association’s Protective Covenant, the Regulatory Code, and other records and documents to determine whether the Silvergate project complies with all of Rancho Santa Fe’s Governing Documents. We selected Ekard Smith due to their group’s extensive firsthand knowledge of the Association, as representing nearly 30 years of service in key positions, including Pete Smith’s 18 years as General Manager. That review is ongoing. However, our consultants have already identified a critical noncompliance issue that the Art Jury itself recognized in October 2024 and has since failed to enforce. 

The breakdown of the individual units – as defined in the most current plans before the County – show that fifty–two (52) of the apartment units are only 1,440 square feet in size and the twenty- four (24) memory care units are only 375 square feet. 

Based on this information, the fifty–two multiple–dwelling apartment units appear to be 310 square feet (17.7%) smaller than required by Section 43 of the Regulatory Code. 

Regulatory Code §43.0301 states in full: 

“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 the 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.‘ 

Section 43.03 further provides that no Multifamily Building shall hereafter be approved, constructed, altered, or converted unless it complies with these standards. The stated purpose of Chapter 43 is to regulate appearance and intensity of use and to preserve community character. Units substantially smaller than the Code minimum increase intensity of use in direct conflict with that purpose. 

The Art Jury itself previously recognized the mandatory nature of this requirement. On October 8, 2024, the Art Jury formally directed that: 

“A variance must be sought for apartment units less than 1,750 sq. ft. in size per Regulatory Code Section 43.0301. Alternatively, re–design the Apartment Unit floorplans to be a minimum of 1,750 sq. ft.” 

That statement correctly reflected the plain, mandatory language of §43.0301. Without explanation, the subsequent November 19, 2024 and February 4, 2025 Art Jury minutes softened this clear directive by incorrectly stating only that “a variance may be required.” This later phrasing is inaccurate and stands in direct contradiction both to the Art Jury’s own October 8, 2024 action and to the unambiguous requirements of §43.0301. Notably, the subject of the variance requirement does not appear in any Art Jury minutes after February 2025. 

Our consultants found no indication in the record that this limitation has been addressed, that a variance has been requested or granted under Code §1.24, or that any finding has been made authorizing departure from the plain text of §43.0301. 

Call for Compliance 

Silvergate has two clear options: (1) revise its plans so that every Apartment Unit contains not less than 1,750 square feet of enclosed living space, calculated strictly in accordance with §43.0301, or (2) formally apply to the Board of Directors for a variance under Regulatory Code §1.24. Under §1.24, the Board may approve a variance only if it finds that extraordinary hardships or practical difficulties would result from strict compliance and makes the specific findings required by the Code, including that the variance will not nullify the intent and purpose of the Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 

Either path is available to the applicant. What should not be available is the continued processing of noncompliant plans. Irrespective of which path Silvergate chooses, the Art Jury should take no further action on the project until either (a) the plans have been revised into full compliance with §43.0301, or (b) a variance has been duly applied for, considered, and approved by the Board of Directors. 

Until one of those two conditions is satisfied, the Art Jury should withhold any recommendation of approval and should not permit the project to advance. 

Approving a design that systematically undercuts a bright–line development restriction adopted to control intensity and protect community character would set a precedent inconsistent with the Code and with the Art Jury’s responsibility under the Governing Documents. 

We respectfully request that this noncompliance be restored and maintained on the record and that Silvergate be required either to bring its plans into compliance or to pursue a variance through the Board of Directors before any further substantive review proceeds. 

Respectfully submitted on behalf of the Board of Directors of Protect Rancho Santa Fe, 

Russ Penniman 

President of the Board Protect Rancho Santa Fe 

cc: Board of Directors, Rancho Santa Fe Association Manager, Rancho Santa Fe Association 

Peter Smith, Ekard Smith & Associates