File #: 19-430    Version: 1 Name:
Type: Appeal Status: Passed
File created: 3/18/2019 In control: DHHS: Public Health
On agenda: 4/9/2019 Final action: 4/9/2019
Title: Appeal of the Division of Environmental Health's Denial of On-site Wastewater Treatment System Permit Application Submitted Dec. 18, 2018 by Mike McEnry for River Bar Road, Fortuna, CA. Assessor's Parcel Number (APN) 204-331-003
Attachments: 1. Staff Report, 2. Attachment A Notice of Appeal, 3. Attachment B Notice of Publication, 4. Attachment C Quitclaim_Deed, 5. Attachment D Project Map, 6. Attachment E Inspection Photos, 7. Attachment F McEnry NOV, 8. Attachment G Order to Stop Work, 9. Attachment H McEnry Blg Referral Response, 10. Attachment I McEnry OWTS Plan_Report_Permit App, 11. Attachment J Variance for APN 204-331-002, 12. Attachment K McEnry Letter Of Permit Denial, 13. Attachment L McEnry Plan Check Comments, 14. Attachment M Regs HCC 611-1 HCC 612-1

To: Board of Supervisors

From: DHHS: Public Health

Agenda Section: Public Hearing

SUBJECT:
title
Appeal of the Division of Environmental Health's Denial of On-site Wastewater Treatment System Permit Application Submitted Dec. 18, 2018 by Mike McEnry for River Bar Road, Fortuna, CA. Assessor's Parcel Number (APN) 204-331-003
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive testimony of the Division of Environmental Health (DEH) staff, the appellant, any affected persons and/or the testimony of their respective agents;
2. Receive public comment;
3. Close the public hearing;
4. Based on the evidence and testimony received, affirm DEH's action; and
5. Direct the Clerk of the Board to give notice of the decision to the permit applicant, the Director of DEH, the Director of the Building Division, and any other interested party.

Body
SOURCE OF FUNDING:
Public Health Fund

DISCUSSION:
This is an appeal of Humboldt County Department of Health and Human Services, Public Health Branch, DEH acting on behalf of the Health Officer's denial of an On-site Wastewater Treatment System (OWTS) permit. The denial was made because the proposed OWTS design did not meet the minimum 50-foot property line setback requirement and no consent for a reduced setback was granted by the adjoining property owner.

Humboldt County Code (HCC), Title VI, Division 1, Chapter 2, Section 612-3 provides for any affected party to request a hearing to appeal DEH's action.

On Feb. 4, 2019, DEH and the Board of Supervisors received a Notice of Appeal from Dustin Owens, attorney for Mike McEnry (Appellant), in accordance with HCC Section 612-3(a) and (b) requesting a hearing in the matter of an OWTS permit application denial for the property located at River Bar Road, Fortuna, CA APN: 204-331-003 (Attachment A).

On March 21, 2019, DEH pursuant to HCC section 612-3(c) issued and mailed out the Notice of Appeal Hearing to all ...

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