Pismo Beach’s City Council and Planning Commission united in denying a permit for a residential rainwater collection system.
On June 20, the City Council in a 4-0 vote with Councilmember Stacy Inman recusing, upheld the Planning Commission’s April dismissal of a coastal development permit to build 10 rainwater retention tanks and a new underground sump for landscape irrigation on a developed property.
That property is a 2.5-acre lot on Shell Beach Road that falls into an open space area called the OS-1 Zone where single-family residences are allowed through conditional use permits. City officials balked at applicant and property owner Andrew Grow’s rainwater collection proposal, claiming the development project wasn’t compliant with the general and local coastal plans.
In 2003, the Planning Commission approved the residence to be built, but that approval ebbed and flowed over the years. Prior to rejecting Grow’s permit, Pismo Beach found itself embroiled in litigation with the residence’s previous owner Mike Spangler in 2015.
“City staff at the time pursued Mr. Spangler with penalties, with utilities shut off, and threatened ouster from his home because he had allegedly failed to record an open space easement over much of his property, including improvements that were already there,” Grow’s attorney Paul Beard said at the June 20 City Council meeting.
Spangler shot back with two lawsuits—both in federal and state courts—against Pismo Beach. In 2016, the city settled the litigation with Spangler, paying him $100,000. Beard claimed that the city also agreed to never require removal or change to any improvements previously made in the developed area of the open space.
“Fast-forward to 2021 or 2022, when Mr. Grow applies for a permit to install these tanks … it seems as if this settlement is being buried in our view,” Beard said. “The rights contained in this open space easement that was recorded are being ignored.”
Grow’s proposed water tanks fall within the developed area of the open space, according to Beard—meaning it’s a revision to an already urbanized area as opposed to expanding development that results in less public land.
He advocated that installing the rainwater collection system was a community benefit. The tanks, each with a capacity of 5,000 gallons, could serve as potential additional water sources to put out wildfires.
“In fact, Cal Fire used Mr. Grow’s domestic water from the site during the Avila fire in June 2020, as the nearest accessible fire hydrant was nearly 1,500 feet away,” he said.
However, the city staff report mentioned that continued project allowances over the years since 2003 resulted in a developed lot much larger than the maximum authorized coverage.
“It is therefore expected that over time, any redevelopment of the property will eventually be brought back into compliance with the original [permit] approval[s],” it read.
City Councilmember Scott Newton said that he might have reached a middle ground with the applicant if the water tanks were out of view or underground, helping to create the appearance of an open space area.
“But to just say, ‘We’re going to put them above ground,’ I don’t see how we’re getting past the general plan for that,” Newton said. Δ
Clarification: This story was updated to reflect that though all participating City Councilmembers voted in favor to support the Planning Commission’s rejection, Councilmember Stacy Inman recused herself from the agenda item discussion.
This article appears in Jun 22 – Jul 2, 2023.