1 Erica Inderlied
From:Paul Beard
Sent:Tuesday, June 20, 2023 7:45 PM
To:City Council
Subject:Item 11B - 3990 Shell Beach Road
Attachments:Shell Beach PP.pptx
External Email
Before Item 11B was called, we sent you our powerpoint presentation, which we showed the city council. The email bounced back. I’ve compressed the size of the presentation shown to the council, which is attached. Please make sure it is made a part of the record. And please confirm receipt.
Thank you,
Paul Beard II
Partner, Certified Specialist in Appellate Law*
*Certified by the State Bar of California
_______________________________________________________ FisherBroyles, LLP
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Direct: 818-216-3988
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Appeal to the Pismo Beach City Council
Agenda Item 11.B
June 20, 2023
Applicant/Appellant: Andrew Grow
Site: 3990 Shell Beach Rd.
Presented By:
Paul Beard II, Esq., FisherBroyles LLP
Kathleen Wold , H&H Environmental, Inc.
Project Description
A rainwater collection and retention system for the existing residence, for landscape-irrigation purposes. The project consists of ten, 5,000-gallon rainwater retention tanks, each appx. 8 feet in diameter, 12 feet in height, and mindfully located in a far corner of an already-developed area of the property. A new underground sump within the developed area connects to the tanks.
Ca
HW+Y •O•
SHELL BEACH ROAD
OVERALL SITE PLAN
SC! 1 off•-0"
SITE PLAN REFERENCE NOTES
1. Property line
2. Setback line - min. 5%.0'
3. Open s pace easement line
4. (E) Gravel
5. (N) Rainwater retention tanks
6. (N) Underground transfer tans, 6,16' amp,
66* deep
7. AO paving
9. (E Residence
9. (E) Underground 2'sleeve rumirgacross
hack of property, approx. 320 ft
>`
i 5'-0"
17'-10"
ETBACK TO PL
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SITE PLAN
SC: 1" = 20'-0"
U
co
900'+ 1
SETBACK TO PL
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GROW RESIDENCE
IRRIGATION SYSTEM IMPROVEMENT
APN 010-154-037
SCOPE OF WORK
A PROPOSAL FOR A RAINWATER COLLECTION & RETENTION SYSTEM FOR AN EXISTING RESIDENCE. THE SYSTEM WILL CONSIST OF 10 ABOVE -GROUND RETENTION TANKS AND AN UNDERGROUND TRANSFER TANK. THE COLLECTED WATER IS INTENDED BE USED IN PLACE OF DOMESTIC WATER FOR LANDSCAPE IRRIGATION.
DIRECTORY
OWNER:
ARCH ITECT:
ANDREW GROW
3990 Shell Beach Road
Pismo Beach, CA 93449
805-903-2936
STEVEN PUGLISI ARCHITECTS, INC.
569 Higuera Street, Ste.A
San Luis Obispo, CA 93401
805-595-1962
SITE PLAN REFERENCE NOTES
1. Property line
2. Setback line - min. 5'-0"
3. Open space easement line
4. (E) Gravel
5. 10 New 5000 gal. rainwater retention tanks - approx. 8.5' diameter, 12.5' tall. Tanks will be placed on compacted road base pad.
6. (E) Underground 2" sleeve running across back of property, approx. 320 ft
7. (E) Vegetation
8. (N) Allen block retaining wall, to protect existing cut bank and prevent further erosion
View from 101 Northbound Lane 1 with
temporary tank placed on site: not visible
View from 101 Southbound Lane 3 with
temporary tank placed on site: not visible
Line of sight from Highway 101 to the ocean
Water tanks will provide additional water resources in fighting future wildfires. Cal Fire used domestic water from 3990 Shell Beach Rd. during the Avila Fire (June 2020) as the nearest accessible fire hydrant is approximately 1500 feet away. Picture shows 3990 Shell Beach Road.
The Key to Approval
The 2016 court settlement with the City, which—through a negotiated and recorded Open Space Easement—established a “developed area” that is fully developed and constitutes the current “lot coverage.” The City’s GP and Zoning Code “lot coverage” limitations must be read through the lens of that settlement.
The Litigation and Settlement
•2003 CDP/Variance
•2015 – City staff pursues Mr. Spangler with penalties, utilities shut-off, and threatened ouster.
•2015 – Mr. Spangler sues in federal and state courts; City settles. •Pays him $100,000, and desists from further punitive measures against him. •Agrees to Open Space Easement recordation that acknowledges the full extent of developed lot coverage – called “developed area” – thereby resolving City staff’s inaccurate claim of unpermitted improvements.
•Agrees never to require removal of development in “developed area.” •2021-22: settlement—and rights contained in OS easement are buried.
Exhibit ”A” from the recorded Open Space Easement
(settlement), showing already “developed area” with full lot coverage—the area proposed for the project .
Overall site plan illustrating the project is within the “developed area” with lot coverage.
Site plan showing proposed water tanks
located entirely within the “developed area.”
(Developed area is within yellow line).
REQUEST
Uphold the appeal and direct staff to return with a resolution for approval with the following findings:
•The project is consistent with the General Plan and Local Coastal Program, including because it does not add any additional development beyond that contained in the 2016 settlement agreement and the recorded open space easement.
•The project satisfies all applicable provisions of the Pismo Beach Municipal Code (1983 Zoning Code), including because it does not add any developed area beyond that reflected and acknowledged in the settlement agreement and the recorded open space easement.
•The project is consistent with the character of the immediate neighborhood as it is a landscape accessory to the existing residential use that provides rainwater collection and retention for irrigation and fire suppression.
A Long-Term Resolution Is Needed
•What started off as a modest proposal has turned into a time- consuming nightmare for this homeowner, who now is fighting—not just for this landscape accessory—but for his basic property rights—as guaranteed to him by prior City actions, including the 2016 settlement. •City staff has openly stated its desire to see the improvements at this property -- through attrition -- shrink back to within a 5000 square foot area of lot coverage. On a 2.5-acre parcel. That’s 4% of the parcel.
We are available for questions.