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Home My WebLink AboutItem No. 2CITY OF LS I IYOIZE DREAM EXTREMEn REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 1, 2009 PROJECT TITLE: MINOR DESIGN REVIEW FOR THE CONSIDERATION OF A PRIVATE SEPTIC SYSTEM AT A PROPERTY LOCATED AT 420 LOOKOUT STREET (APN: 377 - 283 -003). APPLICANT /OWNER: CELSO PALOMARES 420 LOOKOUT TREET LAKE ELSINORE, CA 92530 Project Request The applicant is requesting approval a private septic system at the property located at 420 Lookout Street. Review of the proposed project is pursuant to Section 713.4, Chapter 15.24 (California Plumbing Code), Chapter 16.34 (Required Improvements), Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC). Project Location The project site is located at 420 Lookout Street with a Zoning designation of MD (Medium Density Residential) and a General Plan designation of MD (Medium Density). Background On January 9, 2007, the original developer /owner obtained a building permit for the development of a new single - family dwelling unit which had been previously approved administratively. The associated approved construction drawings indicated that the residence would be connected to the public sewer. AGENDA ITEM NO. I PAGE I OF Minor Design Review September 1, 2009 Page 2 of 4 However, on or about June 27, 2007, the developer had a private septic system installed on the subject property. Although the developer did receive approval and a permit from the Riverside County Environmental Health Department for the installation of the system, no plans were ever submitted to the City of Lake Elsinore and no approvals were obtained. Upon learning of the septic system installation the Building and Safety Division issued a "Stop Work" order until this issued could be resolved and the residence has been vacant since that time. The subject property subsequently went into foreclosure and reverted back to the lending institution. In June of 2007, the attorney representing the bank was informed in writing by the Acting Director of Community Development that the residence would indeed have to be connected to the existing public sewer system. (Attachment No. 4) Eventually, the subject property was sold to Mr. and Mrs. Celso Palomares, who have indicated to staff that they were never informed by the lending institution or its representatives that the residence would be required to connect to the public sewer. The current owners were informed by Staff of the issues related to this property and are trying to resolve them as best as possible. They are also aware that a certificate of occupancy or release of utility services cannot be obtained until either the property is connected to a public sewer system or the approval of the existing private septic system is approved and the outstanding fees are paid. These fees are listed below: OUTSTANDING FEES BY DEPARTMENT Engineering Division Grading Permit Renewal Fee - $ 120.00 Outstanding Improvement Plan Check Fee - $1,850.00 Storm Drain CIP Fee - $1,122.00 Traffic Impact Fee (TIF) - $1,369.00 Transportation Uniform Mitigation Fee TUMF - $9,812.00 Kangaroo Rat Habitat Fee - $ 85.00 Right-of Way Dedication Plan Check Fee - $ 540.00 Drainage Easement Plan Check Fee - $ 540.00 Encroachment Permit — To Be Determined Street Frontage Improvements —Estimated at $200.00 er lineal foot * Planning Division Landscape Plan Check and Inspection Fee Deposit - $ 500.00 AGENDA ITEM PAGE Z OF1�1 Minor Design Review September 1, 2009 Page 3 of 4 Building Division $ 33,000.00 EVMWD Sewer Fee Building Permit/Plumbing Permit - $ 600.00 Total $16,538.00 Applicant's Estimated Sewer Connection Cost Street Frontage * $ 33,000.00 EVMWD Sewer Fee $ 7,790.00 Sewer Pump $ 5,500.00 Architectural Plans for Sewer System $ 1,000.00 Contractor Fees $ 4,500.00 Encroachment Permit $ 220.00 Total $ 52,010.00 Staff has been informed that the owners have met with the Elsinore Valley Municipal Water District ( EVMWD) Engineer, who has indicated that the sewer lines are too shallow and do not allow an appropriate flow on either direction of the property. The EVMWD Engineer also indicated that in order to connect to either of the two connection points available, a pump station would be required. It should be noted that planning staff requested that the applicant provide correspondence from the District specifically outlining their position on this issue. However, at the time this report was drafted, staff had not received any District correspondence. Staff has also contacted the District to request that a representative attend the Planning Commission meeting. The cost estimate table presented above indicates an approximate cost of $52,010.00 dollars in order to connect to the pubic sewer system. The applicant indicated that the aforementioned fee as well as the outstanding development fees would create a financial hardship and discourage them from continuing with the project. Therefore, the applicant is requesting the approval of the existing septic system to remain in lieu of the sewer connection requirement. Analysis Section 713.4 of the 2007 California Plumbing Code states: The public sewermay be considered as not being available when such public sewer or any building or any exterior drainage facility connected thereto, is located more than two hundred (200) feet from any proposed building or exterior drainage facility on any lot or premises which abuts and is served by such public sewer. AGENDA ITEM 2 PAGE 3 OF -B Minor Design Review September 1, 2009 Page 4 of 4 Also, Chapter 16.34 (Required Improvements) of the Lake Elsinore Municipal Code (LEMC) states in Section 16.34.040 (D): The parcels shall be deemed served by City waterand sewer if the distance in feet from the closest property line to the facility to be extended shall be two hundred times the number of lots to be developed. The City Building & Safety Official, who administers the sewer connection provisions for the City interprets the above noted code provisions to be measured from an existing sewer line to the affected property line. The distance from the existing sewer line on Flint Street to the closest project site is less than 200 -feet. Therefore, the requirement for sewer connection is required. Recommendation a. Approve the property owner request to utilize the existing private septic system, or b. Deny the property owner request and require that the property be connected to the public sewer system. Prepared By: Agustin Resendiz, Associate Planner V Approved By: Tom Weiner, /, Acting Director of Community Development Attachments: 1. Vicinity Map 2. Site Plan 3. Existing /Proposed Sewer Line Map 4. Letter to Charles F. Goria, Attorney for previous owner 5. Riverside County Environmental Health Department Permit 6. Building & Safety Division Residential Inspection Records 7. Applicant's Financial Hardship Letter AGENDA, ITEM 2 PAGE OF,9 kw 1, � u_m APPEAL TO REQUIRED IMPROVEMENTS REGARDING SEWER CONNECTION AT A PROPERTY LOCATED AT 420 LOOKOUT STREET AGENDA ITEiR NO. 2- RAGE 5 _ aF 19 PLANNING COMMISSION Sent By: HOMEOUITY FUNDING CORPORATION; 858 792 5889; Aug -18 -09 5:48PM; Page 1/2 N b C c.\ "%Z e COb"4[TNM HEALTH AGENCY DEPARTMENT OF ENVMONMENTAL HEAMM INSPEMON CARD EHS PERMU NVMER j p � J*b Site Addx ss �.ZIJlc�rNCavr.4�rF. QCs xpCJs: -yam ra TO _ ED AT 1 SITE IN 1PTLA -I N Vf`E OWTS Cmpameat lmdd Inspection date Be- inspection date Inspector Initials Sep tic Talk ., ... z W Leech Bed /Vt . . Septic tank abagdonmant ''�� Sewer lateral "OIL Zo,o-7 went Hikers . t,� . � '10tail au per � Klan . / Z'd 64.WU'bl0 k9K8jaada elaaouP WE . a .,, A cc; _bl_1 tr Sent Sy: HOMEOUITY FUNDING CORPORATION; 858 792 5889; Aug -18 -09 5:49PM; Page 2/2 ••t+ w w �w.wa wuur the 5paumltii .. .. p.3 1 �r rxxxxtx* xx*+** www* w�* xr :x�,rfw #ww+r * * * + * * +fr *�* *raw *wwx * * *xt #x *+ Riverside county J,MS ltea eipt wwwxww *w� #w *x *w,r *,r * *,tww :, tit+ rw* x+ ��eswsrrrs* Ww* �t *wwww�ewvrwwk�rwwwse,w'xs•ra• Receipt Number: TO8021S5 Wit: 558.12 64 /'C'S /cr8 66:38 Payment Method: CK N16tgttion.. 2008 xn.it: -------------- --------------- ---------------- _ -------- _ - - - - - -- Permit No: EHS072344 Type: MOM -SEP SEIM= DISPOSAL SXST Parcel No: 377 - 283 -003 Site Address: 422 LOOKOUT ST Total. Pees: 1,170.12 This Payment 558.122 Total ALL Pints: 1,179.12 Balance. .00 rwxwwwxr* wx, rt* ww+* ww+>• wwwaa* Kxvewpwttw* + * * * * *rwrw *ww *:lwswwaaw *rrrrx Account Code DetCripti= Arh+ unt 100004200420722080 ON": S>5WAM SYSM ME$ 547.18 202033100200772210 ]~"`INN: LMS SURCHAPGR PEES - - i0_94 ------------------------------- — _.----- -•-- -- .-- ------- ---- - ---- »------------------ ---- J/J# j7 -- -e r� AGRMA iTEr'A NG. 2 PAGE 0 0 N I 3 to � to O c O _ N 3 A \ \ M ^ t+I � \ / N / M N O ON m 0 0 0 mo Np ^ NNO m e No g i ^Q to n O N M M Nm N m ^ N Qm QN \ MN NQ / n M rs1n O °" ° °r wo a � ^ ^ N N Om N n M N O N m O � ^ ` N fn O m r m N O wo N L q GL 3U E 'O > a ^ O c v u N N O n N N W O N N Q^ N N N N A W CN� Ry'o nv ^o O �mvoW� O inQ a PAGE C ., city of L APPLICATION FOR BUILDING PERMIT VALUATION CALCU IONS 1st FLOOR SF 2nd FLOOR SF 3rd FLOOR BUILDI GARAGE �ryy�y NSF NSF N N STORAGE SF DECK 8 BALCONIES SF OTHER: SF NAME VALUATION: MAILIN ADDRESS FEES CITY STATEOP PHONE BUILDING PERMIT $ A PLAN CHECK S PLAN REVIEW STATE/ZIP PHON T SEISMIC OCC GRP. / CONST. DIVISION: TYPE: Q ADDITION -- - PLAN RETENTION NUMBER OF NUMBER OF STORIES: "� BEDROOMS: ❑ OTHER ❑ 1 certify that 1 have read this application and state that the above information is correct. I agree to comply with all city and county ordinances and state laws relating to building construction, and hereby authorize representatives of this city to enter upon the above - mentioned property for insp- -tion purposes. Signature of Applicant or Agent . Date Agent for ❑ contractor ❑ owner Agents Name Agents Address Street City State Zip -Main Street cc, 95- Elsinore I/I ✓' U „ `i �';� � / � ✓ - �CYt APPLICATION NO ? 2 J APPLICATION RECEIVED DATE M �y� tsy BUILDI TPAUT B PAG LOT /P L W MAILING N N 1 �6" ADDRESS ✓7Lr E R CIT - T TA E21P y� ��GS S�SUv C O N I here by artirm that 1 am licensed under provisions or chapter 9 (commencing with section 7000) of division 3 of the business and professions code,and my license is in full force and effect. LICENSE# CITY BUSINESS AND CLASS TAX# T R NAME A C MAILIN ADDRESS T 0 CITY STATEOP PHONE R CONTRACTORS SIGNATURE DATE A NAME LI CENS E S STATE/ZIP PHON T OCC GRP. / CONST. DIVISION: TYPE: Q ADDITION -- ❑ ALTERATION NUMBER OF NUMBER OF STORIES: "� BEDROOMS: ❑ OTHER EPSIR FAMILY ZONE: / ❑ APARTMENTS ❑ CONDOMINIUMS HAZARD YES AREA? CyO ❑TOWNHOMES ❑ COMMERCIAL SPRINKLERS YES REQUIRED? NO 0 INDUSTRIAL ❑ REPAIR PROPOSED USE OF BLDG: PRESENT USE OF BLDG: ❑ DEMOLISH JOB DESCRIPTION G� City of Lake Elsinore 130 South Main Street PERMIT - PERMIT NO: 06-00002373 DATE: 1/09/07 JOB ADDRESS . . : 420 LOOKOUT ST DESCRIPTION OF WORK . : SINGLE FAMILY RESIDENCE OWNER - -- --- =----=-- -------- ---- CONTRACTOR W � \ WNW`- IO.�.y 1 C - - - -- A.P.# 377- 283 -0 9 SQUARE FOOTAGE �14 OCCUPANCY HOTELS /AP TMENT HOUSES GARAGE SQ FT " 4 'CONSTRUCTION . .. - TYPE V- NON RATED FIRE SPRNKLR - VALUATION.. . . . 138,778 ZONE . . . R -1_ BUILDING PERMIT ------------------- QTY UNIT .CHG - - ITEM CHARGE BASE FEE 895.00 39.00 X 5.0000 VALUATION 195.00 1.00 X 5.0000 PROFESSIONAL DEV FEE - 5.00 ELECTRICAL PERMIT ' QTY UNIT CHG ITEM CHARGE BASE FEE - 30.00 1743.00 X .05 -00 NEW RES. SINGLE FAM /SQFT 87.15.. 3.00 X 1.0000 SWITCHES / 1ST 20 3.00 4.00 X - 1.0000 RECPT,OUTLET / 1ST 20 4.00 4.00 X1.0000 LIGHTING FIXTURES /1ST 20 4.00 1.00 X 27.2500 100- 200AMP SERVICE <600VLT 27.25 1.00 X - - - 5.0000 - -- ... PROFESSIONAL DEV FEE - -- - = ' ' 5.00 MECHANICAL PERMIT - - - - -- --------------- -- -- - QTY UNIT CHG ITEM CHARGE BASE FEE - 30.00 1.00 X . 13.2500 FAU /FURNACE /DUCTS /VENTS 13.25 1.00 X 6.5000 VENTILATING FAN - - 6.50 1 0_0____X 9. 5000 EXHAUST HOOD 9.50 1.00 X 16.2500 FIREPLACE 16.25 1.00 X _49.5000 COMPR /HEATPMP 30 TO 50 HP 49.50 1.00 X - - - -- 5.0000 ----=-------------- PROFESSIONAL DEV FEE 5.00 PLUMBING PERMITS - - - - -- QTY UNIT CHG ITEM CHARGE BASE FEE 30.00 1.00 X 5.0000 PROFESSIONAL DEV FEE 5.00 ' 9.00 X 8.7500 FIXTURE OR TRAP 78.75 CONTINUED ON NEXT - PAGE * * * ACENl3A I'FFFA No. bArM City of Lake Elsinore Building Safety Division - Post in Conspicuous place on the job You must furnish PERMIT NUMBER and the JOB ADDRESS for each respective inspection: Approved plans must be on job_ at all times: Please read and initial _l. l am Licensed under the provisions ofBusiness and professional Code$cetion7000 et seq.'and my license is in full force. -` 2.I,ss owner ofthe propertyor my employees w /wages as their sole compensation will do the work and the structure is not intended or offered for sale. _3. I,as owner ofthe property am exclusively contracting with licensed contractors to construct the project. 4.1 have a certificate ofconsent to seltinsure or a catificate of Workers Compensation Insurance or a certified copy thereof _5. I shall not employ any person in any manner so as to become subject to Workers Compensation Laws in the performance ofthe work for which this permit is issued Note: If yon should become subject to Workers Compensation after making this certification, you must forthwith comply with such provisions or this permit shall be deemed revoked. Code Approvals Date Inspector ELOI Temporary Electric Service PLOI Sol Pipe underground EL02 Electric conduit underground - BPOl Footings BP02 Steel Reinforcement BP03 Grout BPO4 stab Grade PL01 underground water Ape SSOl Rough Septic System SW01 On Site Sewer BP05 Floor joists BP06 i noor sheathing BP07 Roof Funning BP08 Roof Sheathing BPO9 Shear Wall & Pre Lath P1,03 Rough Plumbing EL03 Rough Electric Conduit EL04 Rough Electric wining EL05 Rough Electric/ T -Bar ME01 RWgh Mechanical ME02 9ucts: ventilating PL04 Rough Gas Pipe / Test PL02 Roof Drains BPIO Framing & Flashing BP12' Insulation BP13 Drywall Nailing BP11 Lathing & Siding PL99 Final Plumbing EL99 Final Electrical ME99 Final Mechanical BP99 Final Building Code Pool & Spa Approvals Date Inspector OTHER DIVISION RELEASES Deputymspector Department Approval required prior to the building b ing released by the Ci P001 Pool steel Rein / Forms P001 Pool Plumbing / Pressure Test P003 Pre- ouniteApproval Date Inspector EL06 Rough Pool Electric Planning ` Sub List Approval I I Lan dscape P004 Pool Fencing /Gates /Alums Finance P005 JPrePlaster Approval Engineering P009 JFimd Pool /Spa I AG NDA ITEM PAGE II OF 1q L City o V PERMIT PERMIT NO: -06- 00002373 JOB ADDRESS . . . : 420 LOOKOUT ST DESCRIPTION OF WORK: : SINGLE FAMILY RESIDENCE 1.00 X 22.0000 BUILDING SEWER -- - - - - -- -1:00 X 11.0000 WATER HEATER OR VENT 1.0- 0_..X -_- 11.0000 GAS PIPING SYS 1 -4 OUTLET .1..00 X .4.2500. DISHWASHER - -1.00 X 13.2500 LAWN SPRINKLER SYSTEM 1.00 X 8.7500 WATER SERVICE FEE SUMMARY CHARGES PERMIT FEES - BUILDING PERMIT 1095.00 - ELECTRICAL PERMIT 160.40 MECHANICAL PERMIT 130.00 PLUMBING PERMITS 184.00 OTHER FE ______ CITY HALL/PUBLIC J WORKS .809.00 COMMUNITY CENTER DIF 545.00 LAKESIDE FACILITY DIF 779.00 ANIMAL FACILTY DIF 348.00 CITY FIRE PROTECTION FEE 751.00 LIBRARY MITIGATION 150.00 MSHCP RES - <8.0 DUS /ACRE - 1651.00 PARK. CIP,FEE 1600.00 PLANNING REVIEW. FEE 218.00 PLAN RETENTION FEE. 10.00 SEISMIC GROUP R 13.82 Otl TUMF SINGLE FAMILY .PLAN CHECK FEES 817.50 ° TOTAL 18954.72 1 sinore 130 South Main Street DATE: 1/09/07 - ** PAGE 2 22.00 11.00 11.00 4.25 13.25 8.75 PAID DUE .00 1095.00 .00 160.40 00 130.00 00 184.00 .00 809 -.00 -. .00 545.00 .00 779.00.. .00 348.00 .00 751.00 00 150.00 00 1651.00 .00 1600.00 _ .00 218.00 .00 10. 00 -- .00 13.82 .00 9693.00 .00 817.50 .00 - 18954.72 AGENDA ITEM NO. Z PAGE I D- or- b1 -� . .i CkOf R.o. Trans date. f /QE, /07 Tiwe: 11:1'4:03 City of Lake Elsinore Building Safety Division Post in COUSp1CU0U3 place on the job You must furnish PERMIT NUMBER and the JOB ADDRESS for each respective inspection: Approved plans must be on job at all times: Please read and initial am Licensed under the pnryisions of Business and professional Code 9ection.7000 et seq. end Alicense in full force_ Las owner of the propertyor my employees w /wages as their sole compensation will do the work the structure is not intended or offered for sale. I,az owner of the properlyam exclusively contracting with licensed contractors to construct the p Ject. I have a certificate of consent m Mfiluidm m a certificate of workers Compensation insurance tern flea copy thereof I sball not employ any person in any manner so as to become subject to Workers Compensation ._Laws in the perf ormance of— lhemrk for which this permit is issued. Note: If you should become subject to Workers Compensation after maldng this certification, you must forthwith comply with such provisions or this permit shall be deemed revoked. Code Approvals Date Inspector ELOI Temporary Electric Service PLOT Son Pipe Undergrouad t N EL02 Electric Conduit Unaewuna " - / 2 BPOI Footings BP02 Steel Reinforcement RP03 Grout BPO4 slab Grade `12 PLOI Uudermmid water Pipe SSOI Rough Septic system Swol on site Sewer BPOS Floor Joists - BP06 Floor Sheathing BP07 I Roofirraming BPO8 Rwofskmoing BP09 shear wan& Pm Lath PL03 Rough Plumbing EL03 Rough Electric Conduit EL04 Rough Electric wiring EL05 Rough Electric T -Bar ME01 Rough Mechanical ME02 Ducts, ventilating PL04 Rough Gas Pipe /Test N k PLO2 Roof Drains BPIO Framing & Flashing / BP12. insulation rl ISM BP13 DrywauNaaing SVI BP11 Lathing & siding r j PL99 Final Plumbing EL99 Final Electrical ME99 Final Mechanical BP99 Final Bonding Code Pool &Spa Approvals Date Inspector OTHER DIVISION. RELEASES Deputylaspeetor - Department Approval required prior to the building bein g released by the Ci Pool Pool Steel Rem. /Forms Pool Pool Plumbing /Pressure Test P003 Pre-Gunite Approval Date Inspector EL06 Rough Pool Electric Planning :. Sub List Approval Landscape - P004 Pool Fencing /Gates /Alamns Finance P005 J PY -PlasterAppmvl Eng nee�ing P009 Final Pool / Spa a AGENDA ITEM NO PAGE 1 3 OF I9 Mr. and Mrs. Celso Palomares 420 11ockoue5t Lakt r;isinb.e. CM lv City of Lake Elsinore La k(- 5 ^crc'. C C 'R3t To whom it may concern, The intent of this letter is to illustrate the sewer connection scenario at 420 Lookout St Lake Elsinore, CA. The property at this location has been purchased by retirees, and is intended to be a primary residence dwelling. It was purchased under an assumption that an already installed septic system would be available for use. However, as progress has been made towards completion of occupancy, we have discovered that the city of Lake Elsinore is requiring us to connect to the city sewer system. Although we would like to comply with city requirements, we have determined that it would be financially exhaustive, and cause a financial hardship if we were forced to connect city sewer lines. We would like to make our case for the acceptance of using currently installed septic system. The property at this location has been purchased by a married retired couple Celso Palomares, 71, and Sebastiana Palomares, 64 years of age respectively. The home is planned to be a primary residence dwelling where they will live for the remainder of their adult lives, with frequent visits from their children and grandchildren. The purchase of this home was made possible due to a lifelong commitment of savings and a dream to retire in a peaceful community. The property was purchased because its price and estimated repairs would be affordable to our current financial situation. During our initial due diligence a cost for a sewer connection was not taken into consideration. This cost was not anticipated because the home already had a septic system installed per home design plans, and additionally, the Department of Environmental Health for the County of Riverside provided written approval for its use. Both of these factors afforded us the belief that we would not need to deal with a sewer connection issue, but rather pay permit fees instead. The additional costs for connecting to the city sewer system will cause an economic hardship. Retirees with no other form of income besides a minor pension and social security cannot afford to digest this cost, as a developer can. The following table outlines the estimated costs for sewage connection — AGENDA iTEm no. 2- PAGF I Estimated Costs for Sewer Connection - Street Frontage * $ 33,000.00 EVMWD Sewer Fee $ 7,790.00 Sewer Pump $ 5,500.00 Architectural Plans for Sewer System $ 1,000.00 Contractor Fees $ 4,500.00 Encroachment Permit $ 500.00 Total $ 52,510.00 * cost based on city estimate for street frontage Our hope is that we can occupy the residence as soon as possible. We would like to reiterate, that we plan on making this residence a beautiful home with appreciative landscaping. We are sure the city will be proud to display it as a member of Historic Old Town Lake Elsinore. This is not a business venture, or an investment deal, its sole intention is for family dwelling. If we are forced to connect to city sewer, we could no longer afford to complete current home occupancy plans, and thus regrettably consider selling the property, and creating yet another unoccupied home in Lake Elsinore. We are open to discuss possible future scenarios, if economically feasible. We hope you consider approving our current septic system. We truly want to occupy our new home. Sincerely, Mr. and Mrs. Celso Palomares ;, Page 2 ACENDA ITEA CIO. 2 PAGE d3F CITY OF ins LADE L LSII`IOIZE v DREA June 17. 2009 Charles F. Goria Law Offices of Goria, Weber, and Jarvis 1011 Camino del Rio South, Suite 210 San Diego, CA 92108 Re: 420 Lookout Street, Lake Elsinore, CA 92530 Dear Mr. Goria, I am in receipt of your written correspondence dated June 8, 2009. As indicated, your letter was in regards to the above listed address and the condition of the property related to the question of the sewer /septic connection. At issue is the determination of the availability of the public sewer based on the California Plumbing Code (CPC). The lot is clearly within the two (200) hundred feet as outlined in code section 713.4 of the CPC. As this lot was once part of a larger parcel that was subdivided into smaller parcels for the purpose of developing single family homes, this smaller lot is no longer directly abutting the right of way where the public sewer is available, however CPC Section 713.3 addresses this issue as follows: "Within the limits prescribed by Section 713.4 hereof, the rearrangement or subdivision into smaller parcels of a lot that abuts and is served by a public sewer shall not be deemed cause to permit the construction of a private sewage disposal system, and all plumbing or drainage systems on any such smaller parcel or parcels shall connect to the public sewer". It is the interpretation and determination of the City's Building Official that the public sewer is "available" based on the distance to the public sewer and that the lot does not have to directly abut the right of way where the public sewer connection resides. Your letter also refers to the permit issued by the Riverside County Environmental Health Department. As the City does not have its own Health Department we contract with the County of Riverside to review plans and make certain inspections for private sewage disposal systems. The County however does not have the jurisdiction to make any determination as to when a private sewage disposal system can be repaired or installed within our city. In addition to the permit from the County, a Plumbing Permit and approval from the City of Lake Elsinore are required prior to the installation or repair of any private sewage disposal system within the city's jurisdiction. The original Building Permit that was issued by the City of Lake Elsinore to construct the single family residence at 420 Lookout included a "Building Sewer" fee which indicates that connection to the public sewer was 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W.LAKE -ELS I NORE.ORG AG f JDA ITEM Flo. 2- PAGE / (o ow �_ 420 Lookout Page 2 expected, and required by the City. The Building Permit for 420 Lookout did not include a fee or permit for a "private septic system." As you may be aware, I have had several conversations with your client, Peter Scognamillo, via a mail and telephone regarding this issue. He was advised several weeks ago that any determination made by the Community Development Director could be appealed to the City Planning Commission for consideration. This alternative is still available and, given the circumstances, we are committed to expediting Planning Commission review if Mr. Scognamillo chooses to exercise that option. If you have any further questions, please do not hesitate to contact me at 951 - 674 -3124 Ext. 270 or via a mail at tweiner @lake- elsinore.org. Thank you for giving the City of Lake Elsinore the opportunity to assist you. Sincerely, Community Development Department Planning Division Tom Weiner Acting Director of Community Development C: Alisha Santana, Deputy City Attorney Robin Chipman, Building Safety and Code Enforcement Manager Cher Quinones, EVMWD Greg Kowalski, EVMWD AGENDA ITEM N0. 2 PAGS 1 ® F r 9 I % LAW OFFICES OF GORIA, WEBER & JA: ATTORNEYS AT LAW DANIELS. WEBER CHARLES F. GORIA DAVID C. JARVIS 1011 Camino del Rio South, Suite 210 San Diego, California 92108 June 8, 2009 Ms. Cher Quinones Development & Records Coordinator EVMWD 31315 Chaney St. Lake Elsinore, CA 92531 Mr. Greg Kowalski Senior Engineer, City of Lake Elsinore 31315 Chaney Street Lake Elsinore, CA 92531 Mr. Thomas Weiner Acting Director of Community Development 130 S. Main St. Lake Elsinore, CA 92530 Re: APN 377 - 283 -003; 420 Lookout Street, Lake Elsinore Dear Ms. Quinones and Messrs. Kowalski and Weiner: TEL (619) 692 -3555 FAX (619) 296 -5508 I represent Peter Scognamillo, whose company is the owner of the above - referenced property on Lookout Street in Lake Elsinore. The construction of the structure on the property, a single family residence, has been largely completed. A septic system has been installed pursuant to a County permit, and the final inspection performed by the Department of Environmental Health on July 27, 2007 passed. The permit fees were paid. As I understand it, however, the City of Lake Elsinore has declined to renew the building permit on the property unless the house is serviced by a public sewer. As my client advised you in his email correspondence to Ms. Quinones on May 15, 2009, the nearest public sewer does not abut the subject parcel. Moreover, the public sewer simply does not service the subject lot. Under the applicable code, a public sewer that does not abut a particular parcel of property is deemed "not available" to the subject parcel. Under Section 713.5 of the Uniform Plumbing Code, if a public sewer is not available to service a particular parcel, a private sewage disposal system of the same type that has been installed shall be permitted. F 999 AGENDA ITa F ®. 2 PAGE I CI" Ms. Cher Quinones Mr. Greg Kowalski Mr. Thomas Weiner June 8, 2009 Page 2 My client is anxious to complete the residence and market it. It is unmarketable in its present state, and the reason that it is unmarketable is because the City of Lake Elsinore has refused to renew the subject permit. My client is therefore being damaged on a daily basis while such refusal by the City of Lake Elsinore persists. Request is hereby made that a renewal permit be issued as soon as possible. If there are any further discussions or follow up on this matter, please direct all inquiries to me at the above address and telephone number. My email address is: Chasgoria@cox.net Because my client's completion of the property has been delayed for over a year now, further delay would be both unreasonable and unnecessary. If you would, please review this matter at your earliest convenience, and please advise as to the City's final position on the requested permit within the next 7 days. Thank you for your anticipated cooperation. Sin owl yours, /f Charles F. Gonna CFGtls Cc: Mr. Peter Scognamillo AGENDA ITEM N0. 2 PAGE 17 0E --L-(L_