Oops, I did it again!

Ok..so a Britney Spears reference may not be what you expect from me...but it is apt.

Still awaiting the permits...two weeks ago I got an email from the Director of Well and Septic a the Permit Sonoma offices that my building permit application could now move to the review stage - that juncture requires approval from Well & Septic, validating the site can support a wastewater system.  Only then will they review any building plans...so a good indicator we are in flow and the permit could get through its bureaucratic gauntlet within a few weeks.

Then, last Friday, I got an email from the person in Well and Septic who will be reviewing the septic permit application, that he won't be able to get to my application for at least two months.  They're short staffed.  The County does not issue the building permit until the septic permit is "finaled."  Suffice it to say, I had a pity party for myself that morning.  😭😭

After talking with my civil engineer, who was indignant over his longitudinal experience of the process being this slow and rigid, we agreed that the goal at this juncture was to see if the County would be willing to issue the building permit while the septic application is completing its journey through engineering review.  The site is approved, the system is straightforward, it's a matter of their backlog.

On Monday I wrote the email below to the Director of Permit Sonoma and the Director of Well and Septic - they are the people who helped me out with the groundwater issue I inquired about last Fall.  At least I hoped I wasn't totally anonymous to them:

Hello again…I am writing regarding my building permit application and its status.  I am hopeful you can provide a clearer line of sight into where things stand and what can happen next.  For reference purposes, my building permit application is BLD22-8614 and the Septic permit application is SEP 23-0080 for an ADU on the property at 4513 W Dry Creek Road.

 

A little over a week ago I received notification from Nathan that the building permit application was cleared for review.   I was grateful to know we had reached that point in the process – while the PRMD portal for tracking the progress of the application is replete with information, it is a bit challenging to decode and truly understand the sequence of steps and interdependencies between them.  

 

The next communication last week was from Chris Luu indicating it will be a couple of months before he will be able to get to the septic permit review.   If I understand the PRMD process clearly, regardless of the expediency with which the building permit may be reviewed and readied for issuance, it cannot be released until the septic permit application has been reviewed and approved.  

 

I’m hoping that is not the case.   It’ll be five months since the submission of the building permit package at the end of May and while I know your online dashboard should not be considered predictive in a precise way, I have proceeded with project management for my future home with those indicators in mind.  My manufactured shell has been constructed and is in storage awaiting the signal from here to send it for assembly and attachment to the slab and foundation and I have a team ready to do site prep.   Can it be possible to allow the building permit to be issued (once its review and approval process is complete) so my ADU project can proceed with site prep and readying for the manufactured shell delivery while the septic permit completes its journey through PRMD?  

 

At the time we submitted the building permit application, the timeframe was 12 weeks.  We are now at 20 weeks and if the Septic permit process is the driver of timing, another two months plus feels extreme.   I requested expediting for both the Septic and Building permits and I do understand that it only happens if there are willing staff to take it on – and I understand the implications of being short staffed as well.   I am not asking to be put ahead of any other project in the queue, I simply hope that there is a way for the building permit to be granted acknowledging that the septic permit will come later – which I trust will be a straightforward review since it is neither a complicated or unique system design. 

I appreciate whatever favorable consideration you can give to this request, and will likewise be grateful for whatever line of sight you can offer into the process that remains in order for the work on my ADU to be able to begin.

Thank you,

Taya Levine

To my astonishment, I heard back from the Permit Sonoma Director in 15 minutes!  His reply was: "We will review this case this today."   👏  

And just two days later, I received this reply:

Ms. Levine,

 

So I see a couple of things lead to the current circumstance:

 

Timing of your two submittals – septic system coming two months after the building permit.

Timing of the “clearance” review by Well and Septic of your building application.

 

For the smoothest development, the infrastructure, namely water and wastewater, are addressed first, then come the structures.  Nothing wrong with doing the reverse though considering it appears your engineer was waiting for the wet season to do the percolation testing.  Makes sense to keep the architect going while you are waiting for perc test.  It’s just we don’t issue the building permit until we know a septic system is viable and code compliant.

 

I also see the culpability from the County.  Had we “screened” the building permit back in January, at least you would have known you needed the septic system prior to the County issuing the building permit and that would have at least provided the expectation.

 

Imaging the scenario if we allowed a home to be built without water or an operating septic or having a finished home and then finding out septic won’t fit on the parcel.  The client would sue the County or file a claim, potentially.  So to avoid the potential liability to the County, we set up our procedure of not releasing the building permit until the septic permit is issued.

 

Given all that, one solution, if you as the owner acknowledges the potential risk and assumes the liability, the County can release the building permit once it is plan reviewed and is ready to be issued.

 

Granted, I think the risk is reduced in this case because there is a septic application, there is a septic design and there is the site work (soil evaluation and percolation test) on file.  Having these reduces the risk of not being able to permit a septic system.  The finer points of the septic design have not been fully vetted, so there is still some risk that the County is not willing to assume.  My offer is if you assume that risk, we can let the building permit be issued (once it is ready) before the septic system is plan reviewed/issued.

 

We would hold firm on the occupancy. The ADU could not be occupied until the septic system is permitted, construction and operational.

 

If acceptable, please reply all, acknowledge the risk of building an ADU without having a permitted septic system and that you realize the County cannot final the ADU or grant occupancy of the ADU until the septic system is operational and the septic permit is finaled.

 

Sincerely,

 

Needless to say, I replied all IMMEDIATELY!!!!   🤸🏽‍♀️🙌🏽💪🏽😎

 

I am not yet over it...truly.  So if it's not completely apparent, what this means is the County is granting permission for my building permit to be issued WITHOUT the required septic permit finaled.   I get to proceed with the site work and shell install and and and, while the septic is still running its course.  It really doesn't matter when the septic completes now, because we can proceed with getting this thing built!

 

It's gonna work.  We are likely to be able to get things moving in June, such that the shell could be delivered in July and we're kinda on track-ish.   Hard to believe that's a huge relief, but I cannot tell you how much it is! 

 

Another key feature of my experience with this project to date has to do with asking for help.  Bet you didn't know I knew how, eh?!! 😂   On a serious note, this can't happen without the support and willing contributions of a LOT of people and I'm getting a ton of practice at asking for that involvement and support.   Deep gratitude for all the ways this project is supported, and this moment looms large among them!

ONWARD!   🤞🏽🤞🏽 the permit spits out in May.