Commissioner Kelly Martinez Semrad

Orange County Commissioner, District 5

Commissioner Reports

Board of County Commissioners

Appeal Authority on DRC-Reviewed Application Decisions

On January 14, 2026, the Orange County Development Review Committee (DRC) heard DRCA-25-12-304, an applicant-initiated appeal of the County Engineer’s denial of a variance from Orange County Code Section 37-539(4) for lot size requirements based on private potable well and individual on-site sewage disposal system (OSDS). The DRC voted to overturn the County Engineer’s denial and approve the requested variance, granting the ability to utilize an individual OSDS on the same parcel as a private potable well for commercial consumptive uses. Section 34-29 of Orange County Code provides the appeal process for decisions made by the DRC and generally allows appeals by a person who is “aggrieved” by a decision when they can demonstrate a special injury; that is, a specific, personal harm that is different from the general interest shared by the public. However, a similar process does not exist in Orange County Code for the Board of County Commissioners to directly appeal DRC decisions. Absent a Commissioner-initiated appeal process, applications like DRCA-25-12-304 are approved administratively without being subject to meaningful engagement from the public or their elected representatives. The lack of oversight allows impactful decisions, which can have long-term implications for our communities, to stand without requisite transparency and in violation of long-standing policies. Specifically in the referenced case, policies prohibiting commercial properties from using septic (S. 37-539(4)) and

Appeal Authority on DRC-Reviewed Application Decisions

On January 14, 2026, the Orange County Development Review Committee (DRC) heard DRCA-25-12-304, an applicant-initiated appeal of the County Engineer’s denial of a variance from Orange County Code Section 37-539(4) for lot size requirements based on private potable well and individual on-site sewage disposal system (OSDS). The DRC voted to overturn the County Engineer’s denial and approve the requested variance, granting the ability to utilize an individual OSDS on the same parcel as a private potable well for commercial consumptive uses. Section 34-29 of Orange County Code provides the appeal process for decisions made by the DRC and generally allows appeals by a person who is “aggrieved” by a decision when they can demonstrate a special injury; that is, a specific, personal harm that is different from the general interest shared by the public. However, a similar process does not exist in Orange County Code for the Board of County Commissioners to directly appeal DRC decisions. Absent a Commissioner-initiated appeal process, applications like DRCA-25-12-304 are approved administratively without being subject to meaningful engagement from the public or their elected representatives. The lack of oversight allows impactful decisions, which can have long-term implications for our communities, to stand without requisite transparency and in violation of long-standing policies. Specifically in the referenced case, policies prohibiting commercial properties from using septic (S. 37-539(4)) and

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Local Wins

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