B24-0076 - 31822 AGUACATE RD06/06/24
From:Aguilar, Jaime
To:James Wiatrak
Cc:engcounter; Lisa La; Marquis, Michael
Subject:SMWD 31822 Aguacate Road SJC - CSJC Permit Nos. B17-0650 & B10-0871 request for release
Date:Tuesday, April 23, 2024 1:47:01 PM
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F006840-Spetic only.pdf
24-4-9_Aguacate Septic Systm Leach ppng info.pdf
B10-0871 PLAN REVIEW HISTORY.pdf
[The e-mail below is from an external source. Please do not open attachments or click links
from an unknown or suspicious origin.]
Hello James – thanks to the City of San Juan Capistrano (CSJC) for providing various documents
related to the subject address.
This information was important to consider the owner’s request to release or close out CSJC Permit
No. B17-0650 and relinquish any requirements that were stated as conditions within CSJC Permit
No. B10-0871.
From the documents provided by the CSJC, the Santa Margarita Water District (SMWD) found the
first attached file which contains a permit issued by the County of Orange Building and Safety Dept.
in 1964 for a 1,500 gallon septic tank and leach field system at the residence.
The property owner also sent SMWD the second attached file containing a diagram of the residential
lot which shows the septic system location and leach field.
As noted briefly above, SMWD understands that the release of Permit No. B17-0650 was not finalized
because a connection to an existing public sewer was required as a condition of CSJC Permit No.
B10-0871 (see third attached file).
Septic system testing reports indicating adequate operation of the existing wastewater disposal
system were recently provided by the property owner to SMWD and these are attached as the fourth
and fifth files.
Considering the information above and due to the very expensive requirement to design, permit and
construct a lateral connection to the existing public sewer system into Aguacate Road public right of
way, SMWD will not require a public sewer system connection for this residence.
Accordingly, CSJC Permit No. B17-0650 can be released for all items concerning SMWD. That said,
if additional residential structures are proposed to be constructed on the site in the future, a public
sewer connection may be required. Thanks
Jaime Aguilar
Principal Engineer
O: 949-459-6582
M: 949-283-8685
smwd.com
From: Lisa La LLa@sanjuancapistrano.org
Sent: Thursday, March 28, 2024 1:19 PM
To: Parkinson, Elizabeth betsyp@smwd.com; James Wiatrak JWiatrak@sanjuancapistrano.org;
Aguilar, Jaime JAIMEA@smwd.com
Cc: Joel Rojas JRojas@sanjuancapistrano.org
Subject: RE: Permit B17-1091 for 31822 Aguacate Road
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clicking links or attachments.
Hi Betsy,
I did a little bit more research and found these plans from 2010 that I believe shows that
B17-0650 is not on septic.
B10-0871 was for a 1000SF secondary dwelling unit that got finaled in 2012. The plans
show that the 2nd dwelling unit was to be connected to the sewer lateral and water service
line.
B17-0650 was for an addition to increase the size of this secondary dwelling unit.
Lisa La
Senior Permit Technician
City of San Juan Capistrano
Temporary City Hall, 30448 Rancho Viejo #110
San Juan Capistrano, CA 92675
O: 949-443-6349
http://www.sanjuancapistrano.org/Building
** City Hall administrative offices have moved to 30448 Rancho Viejo Road**
From: Parkinson, Elizabeth <betsyp@smwd.com>
Sent: Thursday, March 28, 2024 12:08 PM
To: James Wiatrak <JWiatrak@sanjuancapistrano.org>; Aguilar, Jaime <JAIMEA@smwd.com>
Cc: Lisa La <LLa@sanjuancapistrano.org>; Joel Rojas <JRojas@sanjuancapistrano.org>
Subject: RE: Permit B17-1091 for 31822 Aguacate Road
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links from an unknown or suspicious origin.]
Hi JW,
Thank you for your email. I will wait to hear from Jaime on how he would like to proceed.
In the meantime, would you send me any of the information you discovered in your
research so I can file it in our subfolder for this property? Jaime has requested that we
collect any records for this property/permit numbers. Anything you found that you can
send via email would be greatly appreciated.
Thank you!
Betsy Parkinson
Administrative Assistant
O: 949-459-6612
M: 949-433-6933
smwd.com
From: James Wiatrak <JWiatrak@sanjuancapistrano.org>
Sent: Wednesday, March 27, 2024 2:09 PM
To: Aguilar, Jaime <JAIMEA@smwd.com>
Cc: Parkinson, Elizabeth <betsyp@smwd.com>; Lisa La <LLa@sanjuancapistrano.org>; Joel
Rojas <JRojas@sanjuancapistrano.org>
Subject: RE: Permit B17-1091 for 31822 Aguacate Road
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clicking links or attachments.
Hi Jaime,
I have reviewed the history on this project with our team here and cannot find any records
that the City “waived” the requirement for the connection of this property to the sanitary
sewer. I have also discovered that our records do show that a permit was started and plans
were initially submitted for a sewer extension (UD17-0023) but that permit activity halted in
2018 and no permit was issued for any sewer extension work.
That said, I have no issue with closing out the above-referenced permit knowing the
structures still utilize an existing septic system and no connection to the sanitary sewer has
been made at this time. Please let me know if SMWD has any objections.
Thank you.
Regards,
James “JW” Wiatrak, CBO, CASp
Building Official
City of San Juan Capistrano
30448 Rancho Viejo Rd., Suite 110
San Juan Capistrano, CA 92675
(949) 234-4568
jwiatrak@sanjuancapistrano.org
www.sanjuancapistrano.org
** City Hall administrative offices have moved to 30448 Rancho Viejo Road**
From: James Wiatrak
Sent: Wednesday, March 27, 2024 7:29 AM
To: Parkinson, Elizabeth <betsyp@smwd.com>
Cc: Aguilar, Jaime <JAIMEA@smwd.com>; engcounter <engcounter@smwd.com>; Lisa La
<LLa@sanjuancapistrano.org>; Joel Rojas <JRojas@sanjuancapistrano.org>
Subject: RE: Permit B17-1091 for 31822 Aguacate Road
Good morning Betsy,
Thank you for your follow-up on this issue.
The owner and the contractor have been working for months now to try and close out old
expired permits on this property and they are now down to one, which is the one that has
the note by Maryam regarding connection to the sewer extension. You also bring up an
interesting point about their use of this property of which I was not aware and I will follow up
on that.
Do you have any information about the sewer extension under permit #UD17-0023? Was
this extension ever completed? If this extension was not completed, they could make the
case that it would be impossible to connect with out that part being done.
I’m going to dig into this a bit more and ask Joel Rojas, Director of Development Services, to
weigh in on this as well.
Thank you, and we’ll be in touch.
Regards,
James “JW” Wiatrak, CBO, CASp
Building Official
City of San Juan Capistrano
30448 Rancho Viejo Rd., Suite 110
San Juan Capistrano, CA 92675
(949) 234-4568
jwiatrak@sanjuancapistrano.org
www.sanjuancapistrano.org
** City Hall administrative offices have moved to 30448 Rancho Viejo Road**
From: Parkinson, Elizabeth <betsyp@smwd.com>
Sent: Tuesday, March 26, 2024 2:36 PM
To: James Wiatrak <JWiatrak@sanjuancapistrano.org>
Cc: Aguilar, Jaime <JAIMEA@smwd.com>; engcounter <engcounter@smwd.com>
Subject: FW: Permit B17-1091 for 31822 Aguacate Road
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links from an unknown or suspicious origin.]
Good afternoon James,
I emailed Lisa yesterday but hadn’t heard back and the owner (contractor?) is emailing
again about us approving them being on septic so the permit can be finalized, however
the permit was pulled in 2017 with work being completed in 2019, years before SMWD
took over the sewer in San Juan Capistrano. He is specifically indicating that we should
contact you. After reading the permit notes, it looks as though finalization of the permit
was dependent on them connecting to the sewer (please see notes in email to Lisa
below). If that requirement was waived by the City back in 2019 the City should have
the information to finalize that permit in their files and shouldn’t need approval from
SMWD. In addition, there was a lawsuit regarding this property. Apparently, they were
using this property as a wedding venue without authorization from the City and perhaps
that was the reason for the requirement to connect to the sewer? I have not been able
to find any outcome to that lawsuit in the files available to the public. I have attached
the email from Mr. Michael which has the email chain.
Thank you,
Betsy Parkinson
Administrative Assistant
O: 949-459-6612
M: 949-433-6933
smwd.com
From: Parkinson, Elizabeth
Sent: Monday, March 25, 2024 11:37 AM
To: LLa@sanjuancapistrano.org
Cc: engcounter <engcounter@smwd.com>; Aguilar, Jaime <jaimea@smwd.com>
Subject: Permit B17-1091 for 31822 Aguacate Road
Good morning Lisa,
Can you email the entire submittal package for permit #UD17-1091 and B17-0650, the
owner is asking for a letter/email that he says was requested by CSJC for us to say it is
ok for them to stay on septic so that CSJC will finalize the permit. Even though this
decision was made years before SMWD took over the sewer system. In addition, the
permit clearly states that finalization of the permit is dependent on connecting to sewer
(see snip below). Is there anything that says this was waived at any point? Also there
was a lawsuit regarding this address working as a wedding venue at some point and I
can’t find anything saying how that ended up or if that is the reason it was supposed to
go on sewer.
Thank you!
Betsy Parkinson
Administrative Assistant
O: 949-459-6612
M: 949-433-6933
smwd.com
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attachments, may be subject to the California Public Records Act, and therefore may be subject to
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1
Plan Review History
Page3/28/2024
B10-0871
ADU - DETACHED
FINALED
Permit Number
Type
Subtype
Status
11/23/2010 LS
2/9/2011 DB1
2/24/2011 KM1
6/27/2012 JL1
Owner Applicant
Site Address City
Tract
Construction Type
Block Lot No Parcel No
Zoning
Subdivision
State Zip
JIMINEZ,JIMINEZ,
31822 AGUACATE SAN JUAN CAPISTRANO CA 92675
649-291-17
Occupancy Type
Applied
Approved
Issued
Finaled
Expired
BUILDING
Due Days ElapsedSentReturnedReviewerReview Type
Review Group: ALL
Status
REVIEW DATES
11/29/10BUILDING 1st 612/16/10Corrections
Required
11/23/10Bret Caulder
Remarks and Notes:
2/4/11BUILDING 2ND 12/10/11PC Approved 2/3/11Bret Caulder
Remarks and Notes:
11/23/10PLANNING 1ST 011/23/10PC Approved 11/23/10Nick Taylor
Remarks and Notes:
12/14/10WATER REVIEW
1ST
2112/23/10Corrections
Required
11/23/10MaryamRamsey
Remarks and Notes: (12/14/2010 5:24 PM MR1)
1- provide plumbing plan.
2- may require separate sewer lateral; contact Sam Shoucair at PW.
3- require separate water meter for the secondary dweling unit.
4- sewer and water fees are due prior to issuance of building permit.
11/25/15WATER REVIEW
2ND
1,7562/18/11PC Approved 2/3/11MaryamRamsey
Remarks and Notes: (2/22/2011 1:09 PM MR1)
sewer and water to the 2nd dwelling unit will be connected to the existing sewer lateral and existing water
service line. impact fees for 2nd dwelling unit and plan check, inspection, and processing fees are due for
sewer and water connection to the existing lateral and service line.
Report By:
PERMIT REVIEWS