DEL MAR — The City Council granted decreased setbacks for a lot bordering the Crest Canyon Open Space Park to allow for the future construction of a new home, overruling the Planning Commission’s earlier denial that resulted in an appeal from the landowners.
The lot in question is owned by Reid and Beth Westburg and extends behind their home at 1439 Oribia Road and the next-door property to the north at 1441 San Dieguito Drive. Approximately 50 feet deep by 261 feet long, the lot follows the edge of the Crest Canyon Open Space Park to the east.
Del Mar’s zoning code for this area requires a 25-foot front setback and a 20-foot rear setback, leaving the Westburgs with a buildable area just 5 feet deep. The Westburgs have requested a variance to reduce the setbacks to 10 feet each to develop a future residence with a garage and a junior accessory dwelling unit.
In early November, the Del Mar Planning Commission denied the variance request in a 4-1 vote, contrary to city staff’s recommendation. Commissioners claimed that allowing development with these setbacks would decrease public safety and was inconsistent with the community plan.
The Westburgs appealed this ruling soon afterwards, challenging the commission’s reasoning. They argued that denying the variance constitutes a regulatory taking of private property because the lot is essentially unbuildable without the reduced setbacks.
“We are not here to approve a design of a prospective new house, not height, shape, size, or exact location; only to consider the boundaries with which a possible house could be built. I respectfully request that you approve them so we may move to the next stage in the process,” Reid Westburg told the City Council.
Representatives for the Westburgs said the variance would not grant them any special privileges, as many homes in the neighborhood do not conform to the existing zoning. They plan to house their parents in the new residence and then age in place there before passing the properties on to their children.
“All the Westburgs want to do is to build a reasonable-sized family home that would be right in line and in most cases smaller than what’s already on the street,” said attorney Lee Andelin.
The Del Mar City Council unanimously approved a variance granting 10-foot setbacks only on the southern half of the lot, which they said would give the Design Review Board flexibility when a project application is submitted.
“I [want] to honor the work of the Planning Commission. Having been a planning commissioner, I know how tough and how thankless that can be. But I also want to realize the realistic possibilities of what we’ve been told are legally required to be considered here,” said Councilmember John Spelich.
The Westburgs originally proposed placing the new residence on the north side of the lot, built directly behind their neighbor’s home, with a garage on the south side. This was done, they said, because the north side of the lot has lower elevations and would have less impact on the neighbors.
However, Eric Clark, who lives next door, said the proposed residence would block their view of the canyon and affect their privacy.
“What is at stake for us is not only a change in scenery. If this variance were granted, the character of this immediate canyon edge would change permanently. Views that have always opened onto canyon landscape would be replaced by a structure immediately behind our home,” Clark said.
The requested setbacks have partially divided the neighborhood, as some neighbors share major concerns about increasing density in a high-fire-risk area with a single entry and exit. Several residents asked the council to uphold the Planning Commission’s decision.
Some residents said granting the variance would set a precedent, allowing for increased density along the canyon edge in an area that has historically been low-density. For this reason, the Planning Commission’s denial was an appropriate policy decision, said resident Tate Scott.
“It is a policy decision that’s going to have an impact on that whole area,” Scott said.
However, other neighbors and residents encouraged the City Council to uphold the commission’s decision.
“This is a legal, buildable lot in one of the most desired locations in San Diego County. The owners have a right to build upon it,” said resident Amy Cheshire.
City staff rejected the idea that granting the variance would set a precedent. Assistant City Attorney Ralph Hicks said variances are considered based on very specific conditions at each lot.
“It’s a little troublesome to hear that this might set a precedent. I understand that from a policy level, but do keep in mind that variances are very fact-specific,” Hicks said.
Representatives for the Westburgs noted that the property was certified as a legal lot in 2009. Any proposed project will need to go through the city’s Design Review Board.
Regarding fire concerns, the Westburgs submitted a fire safety plan for the variances, which was approved by the fire marshal. The property’s driveway would also include a fire access easement that leads to the edge of the canyon, and the house would be built of fire-resistant materials.
However, Mayor Tracy Martinez acknowledged that concerns about fire safety in the area remain very real, given the dry brush in the canyon and the limited ingress and egress along the road.
Fire safety was a major reason that the city decided to underground utility lines in the area, she noted.
“Adding density is a legitimate concern. We shouldn’t minimize that,” Martinez said.
