PLANNING COMMISSION MEETING DATE:
JUNE 16, 2025
SUBJECT:
Title
IHM RESIDENCE VARIANCE - A VARIANCE FROM HEIGHT, SIZE, AND LOCATION REQUIREMENTS TO ALLOW THE CONSTRUCTION OF A 1,964 SQUARE FOOT TWO-STORY DETACHED ACCESSORY DWELLING UNIT WITH A GROUND FLOOR THREE CAR GARAGE, CLOSER TO THE RIGHT-OF-WAY THAN A PRIMARY DWELLING UNIT, ON A FOUR ACRE PARCEL WITHIN THE ESTATE (R-1-20) ZONE
LOCATION/APN:
245 W. LA CIENEGA ROAD / APN: 182-210-23-00
CASE NUMBER:
VARIANCE (V) 24-0001 AND CATEGORICAL EXEMPTION (EX) 25-032
Body
Recommendation
1. ADOPT A Categorical Exemption (Class 3: New Construction) (EX 25-032); and
2. APPROVE Resolution PC 25-5163 for a Variance (V24-0001) from height, size, and location requirements to allow the construction of a 1,964 square foot two-story detached accessory dwelling unit with a ground floor three-car garage, closer to the right-of-way than a primary dwelling unit, on a 4-acre parcel located at 245 W. La Cienega Road of the Estate (R-1-20) Zone
Body
Introduction
The four-acre project site is developed with an existing single-family residence, three accessory structures, and agricultural uses. The homeowner/applicant is proposing to construct a two-story structure, within the front yard area of the property, to include a 964 square-foot 3-car garage on the ground floor and a 1,000 square foot Accessory Dwelling Unit (ADU) above. Certain provisions of the San Marcos Municipal Code (SMMC) restricts size, height, and location of such structures, rendering the proposal otherwise prohibited. However, due to unique characteristics of the property, the applicant is requesting a variance to allow the proposed development.
Discussion
The project site is zoned Estate (R-1-20) and is currently developed with a single-family residence, a 934 square foot pool house, and two sheds. The front half of the project site is relatively flat, with a gentle slope of approximately 20 feet in height from a low point in the northeast corner (718 AMSL), to a high point where the home sits on the west side of the lot (738 AMSL). Behind the home, to the south, an avocado grove is planted on a steep hillside that climbs approximately 112 feet (850 AMSL). The adjacent land uses to the east and west include single-family residences with agricultural uses also in the Estate (R-1-20) Zone. To the north and south of the project site are undeveloped properties located within the Estate (R-1-20) Zone. Access to the site is provided by W. La Cienega Road (a private road), via the N. Twin Oaks Valley Frontage Road.
The applicant is proposing to construct a 1,964-square-foot, 31-foot-tall, two-story detached accessory structure consisting of a 964-square-foot three-car garage on the ground floor with a 1,000-square-foot ADU above. The dual use of the proposed structure as both an ADU and an accessory structure (3-car garage) require separate development standards be applied to the project. Below, Table 1 provides a summary of the development standards and variance requirements.
|
Table 1: Variance Summary |
|
Development Standard |
ADU Requirements |
Accessory Structure Requirements |
Proposed |
Variance Required |
|
Size |
1,000 sq.ft. |
800 sq.ft. |
1,964 sq.ft. • 1,000 sq.ft. ADU • 964 sq.ft. Accessory Building |
Yes |
|
Height |
1 story /16 feet max |
1 story /15 feet max. |
2 story / 31 feet • 16 ft ADU • 15 ft Accessory Building @ 2 story |
Yes |
|
Location |
Shall not occupy any portion of 35 ft front yard setback1 |
Shall not occupy any portion of the 35 ft front yard setback and shall not be closer to the right-of-way than a dwelling unit. |
Closer to the right-of-way than the dwelling unit |
Yes (garage only) |
|
Footnote |
1. Per Gov. Code, § 66321, subd. (b)(3), front yard setbacks cannot preclude an ADU of at least 800 square feet from being built, even if ADU would exist partially or wholly within the front setback |
Size
The applicant is requesting to exceed the allowable gross floor area for all accessory structures in conjunction with the existing pool house and sheds. SMMC Section 20.410.040(B) limits allowable gross floor area of enclosed accessory structures to forty percent (40%) of the living area of the primary dwelling unit, or eight hundred (800) square feet of gross floor area, whichever is less. The allowable gross floor area for all enclosed accessory structures on this property is eight hundred (800) square feet as it is less than 40% of the primary dwelling living area. The project site is currently developed with a 934 square foot pool house, a 186 square foot storage shed, and a second 120 square foot storage shed, both storage sheds and the pool house are considered existing non-conforming structures, however they collectively utilize the allowable accessory structure building area. Granting the variance will allow the construction of a 3-car garage on the ground floor of the ADU, which is considered an accessory structure, separate from the ADU. The proposed 1,000 square second floor ADU is allowed under State ADU law (Gov. Code, § 66321, subd. (b)(3)) and does not require a variance, for its size.
Height
Combining the ADU and 3-car garage (accessory structure) into a single 31-foot-tall two-story structure causes the structure to exceed the allowed building height for both an ADU and accessory structure. Per SMMC Section 20.410.040, accessory structures are limited to one story and a maximum height of 15 feet, while detached ADUs may not exceed 16 feet in height. Individually, the proposed garage and ADU comply with their respective height requirements. However, when combined into a single structure, the overall height exceeds the maximum allowed necessitating a variance. Although one structure, the garage and ADU will remain separate uses, without an interior connection, and each will have its own exterior ingress and egress. Combining the ADU and 3-car garage into a single two-story structure minimizes the building footprint, preserves open space, and provides enclosed vehicle parking screened from public view.
Location
The proposed location for the two-story structure, closer to the ROW than the primary dwelling, is the most feasible due to topographical site constraints. The southern portion of the 4-acre parcel is comprised of sloped terrain, with an average grade of approximately 22%. An existing pool, spa, pool house, and septic system are located behind the primary dwelling, occupying the only other suitable location for the proposed ADU-garage structure. Additionally, a new septic system is required for the proposed ADU and other locations on the property are not feasible. The proposed location of the structure on northeastern portion of the property offers adequate space for both the new septic field, requires the least amount of grading, and preserves existing agricultural uses on the property. The proposed location of the two-story structure is outside the 35 foot front yard setback and 5 foot setback from the existing access road. Granting of the variance will allow the construction of the detached 3-car garage 47 feet from the front property line and closer to the right-of-way than the dwelling unit. The proposed location of the detached ADU is permitted under State ADU law (Gov. Code, § 66321, subd. (b)(3)).
Approving the request to increase the total allowable accessory structure area would enable the construction of a detached three-car garage and ADU, bringing the property closer to compliance with the City's off-street parking requirements. The existing residence, originally built without a garage, is over 3,001 square feet in size and is therefore subject to the requirement for a three-car garage per SMMC Section 20.340.050(H).
Required Findings
Before any Variance may be granted, written findings shall be made by the approving body. The following is a summary of the required findings. The attached Resolution for this project contains detailed findings for this variance request.
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and Zone.
• The property has unique conditions that differ from others in the same area and zone. Originally developed as a single-family residence with an avocado grove under Agricultural (A-1) zoning, it was rezoned to Estate (R-1-20) in 2012. The site’s steep slope (16-25%), existing septic system, and placement of a pool and other existing non-conforming structures significantly limit where a detached ADU and accessory structure can be built. To avoid excessive grading and preserve existing agricultural uses, the only way to accommodate a garage and ADU is through a stacked, two-story structure. The 31-foot height is a direct result of this need to combine two uses vertically within a single footprint, instead of spreading them horizontally as other parcels in the same zone. The steep topography, existing development, and site constraints uniquely limit where and how new structures can be developed. These constraints do not generally apply to other Estate (R-1-20) properties in the vicinity, and justify the need for increased height and floor area in a consolidated structure.
B. That the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and Zone, and denied to the property for which the Variance is sought.
• Granting the Variance is essential to ensure the property owner can enjoy the same rights as others in the Estate (R-1-20) Zone, where large lots are typically used for developing detached ADUs and accessory structures. Due to the property’s steep topography and existing nonconforming development, much of the land is substantially difficult to develop and cannot accommodate new structures without exceeding location, size and height limits. On flatter parcels, owners can more easily meet these standards with single-story development. The most feasible solution is to stack the ADU above the garage in a two-story structure, which minimizes grading and preserves site functionality. Under Government Code § 66321(b)(3), the property owner has a State protected right to construct a 1,000 square foot ADU. Additionally, SMMC Section 20.340.050(H) requires a three-car garage for homes over 3,001 square feet. The primary residence was originally built without a garage, and the proposed structure will bring the site into closer compliance with current zoning standards. Without the requested variance, the owner would be denied a reasonable and typical residential use (development of both an ADU and required parking) that is broadly available to others in the same zone. As a result, the variance is necessary to preserve equal enjoyment of property rights.
C. That the granting of the Variance will not be materially detrimental to the public health, safety, or welfare or injurious to the property or improvement in such vicinity and Zone in which the property is located.
• Granting the Variance will not harm public health, safety, or nearby properties, as the proposed two-story ADU and three-car garage meet all setback requirements and will be constructed in compliance with all Building and Fire Code safety standards. The detached 3-car garage would improve compliance with parking standards, as the original home was constructed without an attached garage. Additionally, the two-story design minimizes land disturbance by consolidating the construction footprint.
D. That the granting of such Variance will not adversely affect any master, precise plan, or the implementation of the General Plan for the Twin Oaks Valley Neighborhood adopted pursuant to law.
• Granting the Variance will not conflict with any adopted master or precise plans, as the property is not located within such a plan area. The proposed development will preserve the rural character of the Twin Oaks Valley Neighborhood, which features agricultural and equestrian uses and estate homes on large lots. In addition, the proposed structure is designed to match the architectural style of the existing single-family residence.
The requested variance exceeds the scope of an administrative variance, therefore requiring approval by the Planning Commission.
Environmental Review
The proposed project, consisting of proposed construction of limited numbers of new structures, is Categorically Exempt from CEQA, pursuant to Section 15303, Class 3 (New Construction) as the proposal consists of construction and location of limited numbers of new, small structures. The new proposed structure that includes an ADU unit and a garage is less than 2,500 square feet and is proposed at a property in the R-1-20 zone already developed with a single-family home. Adequate utilities, including street access, are provided and a new septic system will be provided.
Public Comment
On August 12, 2024, public comments were received via email by a neighboring resident expressing strong support for the variance application to construct a detached garage (Attachment E). They note that detached garages are common in the neighborhood and align with the R-1-20 Estate zoning aesthetic. Due to the hilly terrain, septic system constraints, and proximity to wildlands, attaching a garage is often impractical. The neighbor also highlights unclear front/back designations for properties along W. La Cienega due to historic road easements, making flexibility in garage placement reasonable. They suggest the City consider extending the detached garage allowance to all homes on the street.
Attachment(s)
Adopting Resolution:
Resolution PC 25-5163
A. Vicinity Map
B. Requested Entitlements
C. Site & Project Characteristics
D. Notice of Exemption (EX 25-032)
E. Public Comments (if any are received in writing outside the CEQA comment period. Comments on the CEQA document should be included in the CEQA document and need not be included here)
F. Project Plans
Prepared by: Corina Flores, Associate Planner
Reviewed by: Sean del Solar, Senior Planner
Scott Nightingale, Principal Planner
Kyrenne Chua, Principal Civil Engineer
Submitted by: Joe Farace, Planning Division Director