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HomeMy WebLinkAboutMINUTES - 07122011 - D.3PDF Return D. 3 To:Board of Supervisors From:Catherine Kutsuris, Cons & Dev Director Date:July 12, 2011 Contra Costa County Subject:Continued Hearing on an Appeal of the Planning Commission's Decision to Approve a Ten-Bed Adult Residential Care Facility in Knightsen APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact:Ryan Hernandez, 335-1206 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 12, 2011 David Twa, BY:, Deputy RECOMMENDATION(S): A. ACCEPT the County Planning Commission Resolution No. 8-2010 reporting on the Commission’s review and actions on this project. B. FIND on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the County’s independent judgment and analysis. RECOMMENDATION(S): (CONT'D) C. ADOPT the proposed Negative Declaration determination for this project as adequate for compliance with the California Environmental Quality Act (CEQA) and prepared in accordance with the County CEQA Guidelines. D. SUSTAIN the County Planning Commission’s approval of County File #LP08-2042 for the adult residential care facility including the findings with conditions of approval as identified in marked text. E. DENY the appeal filed by Howard and Kim Revel. F. DIRECT staff to post a Notice of Determination with the County Clerk. FISCAL IMPACT: None. The applicant is responsible for the cost of processing the land use permit including this appeal. BACKGROUND: CONTINUE DISCUSSION FROM JUNE 28, 2011 I. Previous Meeting This item was continued from the June 21, 2011 Supervisors’ meeting at the request of the Department of Conservation and Development. The continuation was requested to allow the Department to revise findings based on the proposed modifications to the conditions of approval for the Board’s consideration. The revised findings and conditions of approval are attached. II. Appellant's Testimony The appellant began by urging the Board to deny the project based on continued concerns about the project related to safety and traffic. The safety concerns include: 1) the project is located on a busy highway that has no sidewalks, no street lights and is within close proximity to railroad tracks 2) the facility is not close to public services and the potential inability to have water and sewer; 3) Penny Lane, a private dirt road, is not equipped to handle the traffic generated from multiple trips to a ten bed adult residential facility; and 4) the potential conflict between the elementary school bus stop located at the end of Penny Lane and the adjacent adult residential care facility. The appellant stated that there are very limited Sheriff and Fire protection resources in this area of the County and the resources have been cut equating to the potential for slower response times. Additionally, if the Board were to approve the project, the appellant requested that the land use permit should be conditioned to relieve some of the impacts the facility will have on the surrounding neighborhood. Finally, the appellant recognized the need for supportive housing in Contra Costa County but did not believe that this is the appropriate location. III. Applicant’s Rebuttal In response to the concern that the subject property is an eyesore, the applicant presented photographs of various other properties managed by Bonita House Inc. (BHI) illustrating that the properties BHI manages are kept neat, clean, painted and landscaped. In response to the concern about the use being a detriment to the health, safety and general welfare of Contra Costa County, the applicant stated that they have been providing care for the mentally disabled for forty years and that BHI has never had a neighbor injured by any of the tenants at any of their facilities. BHI employs well trained staff that recognize whether tenants are using drugs or alcohol and that staff would react quickly if this were to be found. The applicant stated that staffing levels for an adult residential care facility are regulated by the Community Care Licensing Division of the State. BHI would obtain a license from the State and comply with those staffing requirements. In response to comments related to property values, the applicant provided studies that occurred in urban areas that indicate property values are not negatively impacted by residential care facilities moving in next door but did not find a study specific to a rural area. The applicant did not feel a need to respond to the comments related to the facility as a nuisance and/or enforcement problem because he believes that those concerns are based on discriminatory and stigmatizing stereotypes of the disabled which are protected under the Federal Fair Housing Act and the American with Disabilities Act. During the testimony, the applicant also stated that two staff members would be present at the facility between 8:00 am to 8:00 pm seven days a week. IV. Public Hearing Following the applicant’s presentation, there were five members of the community that reiterated concerns that were shared by the appellant. More than twenty-two speakers voiced their support of the project reiterating that there is a great need for supportive housing in Contra Costa County, with many sharing their personal trials with findings supportive housing for themselves and/or family members. The appellant is afforded an opportunity to rebut, and she reiterated her position outlined above and requested that the Board be objective when considering modifying the conditions of approval. V. Board Suggested Revisions to the Findings and Conditions of Approval At the conclusion of the public hearing the Board adopted a motion to close the public hearing and modify the conditions of approval and continued the item to July 12, 2011, allowing staff time to prepare the changes to the findings and conditions of approval. The Board determined that sewer and water concerns were addressed by COA #10 & 11 and did not require additional conditions. The Board required an annual compliance review that is to be heard by the Zoning Administrator for the first three years of operation and a final compliance review prior to the end of the fifth year of operation, refer to condition of approval (COA) number one. The Board also required a) the addition of one full time staff for a total of two full time staff, refer to COA #4; b) that the driveway to the facility located on Penny Lane be gated and signed, refer to COA #14; c) that a "Good Neighbor Incident Complaint Protocol" be developed and implemented, refer to COA #15; d) that a landscape plan be provided, refer to COA #17; and e) that the facility's House Rules be submitted to the Zoning Administrator, refer to COA #18. Two additional conditions of approval pertaining to the number of bedrooms of the facility (COA #16) and an indemnification clause (COA #19) were added as well as minor additions to the Advisory Notes. The suggested revisions and additions to the conditions of approval are attached in marked text. CONSEQUENCE OF NEGATIVE ACTION: If the appeal is sustained, the proposed land use permit would not be issued. CHILDREN'S IMPACT STATEMENT: None CLERK'S ADDENDUM The following people spoke: Lee Lawrence, League of Women Voters of Diablo Valley; Rollie Katz, Public Employees' Union Local One; Ralph Hoffmann, resident of Walnut Creek; Floyd Overby; Steven Galleon, Bonita House, Inc.; Colette O'Keefe, M.D; Suzanne H. Davis, resident of Concord; Susan Medlin, resident of Martinez; Nancy Benvenuto, resident of Alamo; Evelyn Centeno, resident of Martinez; Willie Mims, East County chapter, NAACP; Vickey Rinehart, resident of Discovery Bay. Continued to July 26, 2011 at 10:30 a.m. AgendaQuick©2005 - 2021 Destiny Software Inc., All Rights Reserved FINDINGS AND CONDITIONS OF APPROVAL FOR THE PROPOSED ADULT RESIDENTIAL CARE FACILITY, COUNTY FILE LP08-2042, BONITA HOUSE INC. (APPLICANT & OWNER), PROPERTY LOCATED AT 2950 PENNY LANE, IN THE KNIGHTSEN AREA AS APPROVED WITH MODIFICATIONS BY THE COUNTY BOARD OF SUPERVISORS ON JUNE 21, 2011 IN MARKED TEXT. PLANNING COMMISSION ON JULY 13, 2010 MARKED IN YELLOW. Underline language is proposed language, language with a strikethrough is to be deleted. FINDINGS A. Growth Management Performance Standards 1. Traffic - (Refer to Detailed Policies and Standards in the Growth Management Element of the General Plan). The project will not generate more than 100 peak period trips, thus no special traffic generation study is warranted. 2. Water - The County pursuant to its police power and as the proper governmental entity responsible for directly regulating land use density or intensity, property development and the subdivision of property within the unincorporated areas of the County, shall require new development to demonstrate that adequate water quantity and quality can be provided. At the project approval stage, the County may consult with the appropriate water agency. The County, based on information furnished or available to it from consultations with the appropriate water agency, the applicant or other sources, should determine whether (1) capacity exists within the water system if a development project is built within a set period of time, or (2) capacity will be provided by a funded program or other mechanism. Project approvals conditioned on (1) or (2) above, will lapse according to their terms if not satisfied by verification that capacity exists to serve the specific project (“will serve letters”), actual hook-ups or comparable evidence of adequate water quantity and quality availability. Currently the existing house utilizes well water and the adult residential care facility would also use well water. Prior to the commencement of use, approval shall be obtained from the Health Services Department, Environmental Health Division, that the water supply is adequate for the proposed use. The applicant shall bear all expenses associated with improving or maintaining an individual water system capable of meeting the fire flow and water quality requirements of the Health Services Department and the Contra Costa Fire Protection District. 3. Sanitary Sewer - The County pursuant to its police power and as the proper governmental entity responsible for directly regulating land use density or intensity, property development and the subdivision of property within the unincorporated areas of the County, shall require new development to demonstrate that adequate sanitary sewer quantity and quality can be provided. At the project approval stage, the County may consult with the appropriate sewer agency. The County, based on information furnished or available to it from 2 consultations with the appropriate sewer agency, the applicant or other sources, should determine whether (1) capacity exists within the sewer system if a development project is built within a set period of time, or (2) capacity will be provided by a funded program or other mechanism. Project approvals conditioned on (1) or (2) above, will lapse according to their terms if not satisfied by verification that capacity exists to serve the specific project (“will serve letters”), actual hook-ups or comparable evidence of adequate sewage collection and wastewater treatment capacity availability. The County Health Services Department indicates that the adult residential care facility obtain an approval of a Class I individual septic system meeting all current Health Officer Regulation requirements. The septic tank system to be provided must be found adequate for the proposed use prior to the issuance of a building permit or commencement of use. 4. Fire Protection - Fire stations shall be located within one and one-half miles of developments in urban, suburban and central business district areas. (Refer to Figure 4-2, pg. 4-9, in the General Plan). Automatic fire sprinkler systems may be used to satisfy this standard. The adult residential care facility is proposed in a rural area of the County and shall comply with all Fire Protection District standards (R 3.1) requiring application and approval. The applicable standards of the Contra Costa County Fire Protection District will apply. The nearest station is the Knightsen Fire Station, approximate 2.8 miles away and approximately five minutes. 5. Public Protection - A Sheriff facility standard of 155 square feet of station area per 1,000 population shall be maintained within the unincorporated area of the County. The addition of the adult residential care facility will add ten adults and two full time staff to a single family residence. The project does not increase the demand for Sheriff’s facility. Staff can find no evidence that supports the claim that this facility will reduce the availability of the County Sheriff to provide service. 6. Parks and Recreation - Neighborhood parks: 3 acres required per 1,000 population. This project does not add residential units and is not subject to a park dedication requirement. The addition of an adult residential care facility that has a maximum of ten adults in place of a single-family residence provides an estimated net increase of six residents. Six additional residents will not have a substantial impact to local parks and recreation. 7. Flood Control and Drainage - Require major new development to finance the full costs of drainage improvements necessary to accommodate peak flows due to the project. Limit development within the 100 year flood plain until a flood management plan has been adopted and implementation is assured. For mainland 3 areas along rivers and bays, it must be demonstrated that adequate protection exists through levee protection or change of elevation prior to development. Development shall not be allowed in flood prone areas designated by the Federal Emergency Management Agency until a risk assessment and other technical studies have been performed. The project has been found acceptable to the Public Works Department. The site is not located within a Special Flood Zone designated by FEMA and no significant flood hazard is found to affect this property. There is no special provision for accommodating run-off from this project due to the rural area in which it is located. B. Findings Required for the Approval of a Land Use Permit The findings for approval of a Land Use Permit as provided by County Code Section 26- 2.2008 are as follows with staff responses: 1. The proposed project will not be detrimental to the health, safety and general welfare of the county. The adult residential care facility is located in a Heavy Agricultural zoning district, A-3 with an Agricultural Lands, AL General Plan designation. Of the approximately 159 licensed adult residential facilities in Contra Costa County, 149 care for six of fewer residents exempting them from local land use regulation. Nine of the remaining ten facilities are located within city limits and are presumed to have superior access to public services commensurate with an urban location. The applicant indicated that there would be two staff persons Monday through Friday approximately 8:00am to 8:00pm, so the Department reviewed the State requirements for staff levels at night for adult residential care facilities. The law states that, “in facilities providing care for 15 or fewer clients, there shall be at least (emphasis added) one person on call on the premises” California Code of Regulations §80065. State law requires a minimum staff but does not impede a facility to include additional staff. It should be noted that the condition to add a 24-hour staff person is intended to provide an appropriate level of supervision for a proposed agricultural area and the corollary governmental services for that area due to the remoteness of the area; and that the requirement for the additional full time staff maybe evaluated at the annual compliance review hearing before the Zoning Administrator. The proposed adult residential care facility use will provide much-needed mental health services to Contra Costa County residents. Its operations will help improve the safety and general welfare of the County by allowing a facility that helps clients improve the quality of their lives. 4 With the revised conditions of approval requiring added staffing, annual compliance reviews for the first three years of use and an additional review in year five, a good neighbor complaint protocol, and screening of clients, staff has determined that this use will not be detrimental to the health, safety and general welfare of the County. 2. The proposed project as conditioned will not adversely affect the orderly development of property within the county. Development in the County is regulated by the zoning districts and is guided by the Contra Costa County General Plan. The proposed use will retain nine acres of agricultural use. The development pattern in Knightsen will remain unchanged and the adult residential facility will conform to the agricultural character of the area. 3. The proposed project as conditioned will not adversely affect the preservation of property values and the protection of the tax base within the county. The proposed use will revitalize a property and existing residential building that has been vacant for a number of years. Approximately 90% of the property will be kept in some form of agricultural use. The proposed Adult Residential Care Facility will retain and upgrade the existing house in a manner consistent with the surrounding neighborhood. There are no activities associated with the residential facility that are significantly different from those associated with other residences in the area. The facility will be operated by a non-profit public benefit organization, Bonita House Inc., which has an established history for well manageding residential facilities that are surroundeding by residential and mixed-use neighborhoods. A review of property values and the tax base where Bonita House Inc owns and operates facilities will not show adverse impact. 4. The proposed project will not adversely affect the policy and goals as set by the general plan. The facility plans to utilize the existing agriculture property to help its clients through “working” the land. Maintaining the agriculture character of the property provides an alternative to an urban/city facility. There are Special Needs Housing goals and polices within the Housing Element of the General Plan. The two applicable policies are: • Policy 4.1 – Expand affordable housing opportunities for households with special needs, including seniors, disabled persons, large households, single parents, persons with HIV/AIDS, perons with a mental illness, farmworkers,a nd the homeless. • Policy 4.1 – Continue to support non-profit service providers that help meet the diverse housing and supportive service needs of the community. 5 These groups have difficulty finding housing and this approval may help alleviate some of the difficulties with finding supportive housing. The project will be consistent with the Agricultural Lands General Plan designation. Staff finds that the adult residential care facility is consistent with the policy and goals set by the General Plan. 5. The proposed project will not create a nuisance and/or enforcement problem within the neighborhood or community. The proposed facility will be operated by a state licensed health service provider with an established reputation and history for maintaining and operating facilitiesy that does not create a nuisance and or enforcement problem for surrounding neighborhood or community. Part of the training and conditioning that the facility provides is to help clients be an integrated part of their community. 6. The proposed project as conditioned will not encourage marginal development. The property will be improved in terms of its overall appearance and maintenance. Providing an attractive, comfortable and safe agriculturalrural- residential facility is the objective of the facility. The farming/gardening operations that will occupy the majority of the site will be well managed in accordance with applicable standards. The residence will maintain the rural character and be consistent with the surrounding neighborhood. 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established. The agricultural setting is the unique characteristic of the subject property. Allowing an adult residential care facility that provides an alternative to city care is an option not found elsewhere in the County. The site possesses an underutilized small farm and existing single family home that, with some improvements, can provide a home for ten adults. Such a facility, located in rural setting is a special opportunity which can be particularly beneficial to the health and well-being of certain individuals who make this their home. 6 CONDITIONS OF APPROVAL Administrative: 1. ____ ____ Approval is based on, and shall be in accord with, information contained in the project file, County File LP08-2042 for establishment of a state licensed (Community Care Licensing Division) Adult Residential Care Facility, that provides 24-hour a day non-medical care and supervision for people living with a mental disability. This facility provides long term housing for a maximum of ten (10) unrelated adults, men and women ages 18-59 who have voluntarily applied for admission to this facility. The approval is also based on site plans, building elevations and floor plans dated received August 13, 2008, subject to final review and approval by the Zoning Administrator. This permit specifically prohibits the following uses: a Social Rehabilitation Facility as defined in §81001(s) 2 of the California Code of Regulations, on-site services requiring a medical license, and any illuminated facility identification signage. The applicant shall submit an annual condition of approval compliance review for the first three years of use and final review in the fifth year of use, following the issuance of the state license from the Community Care Licensing Division. The review shall occur at regularly scheduled public hearing before the Zoning Administrator. The applicant shall submit an application deposit in the amount of $1000.00 (time and materials) and submit a report that provides evidence (e.g. licenses, photographs, etc.) on the continued compliance with the conditions of approval in this permit, subject to the review and approval of the Zoning administrator. In determining whether there is a continuing need for the second full time staff at this facility, the Zoning Administrator will base their decision on facts and not mere opinion. The land use permit is approved for period of two years following the date of the issuance of the State license by the Community Care Licensing Division for an adult residential care facility. Prior to the two year expiration of the land use permit, Bonita House shall submit an application ($1000.00 deposit) to amend the land use permit which could extend the life of the adult residential care facility. The application will be set for public hearing before the County Planning Commission. 7 Project Modifications 2. ____ ____ Any major changes to the project description or to any other project conditions shall require an amendment to the use permit and shall require review and approval by the decision-body that gave final approval to the original use permit. Any minor changes shall require an application request from the applicant for review and approval of the Zoning Administrator. The Zoning Administrator shall determine if a change is considered major or minor. Local Resident Preference 3. ____ ____ In the event that there are more appropriate applications for services than spaces available at the facility, the operator/applicant shall ensure that residents from the Knightsen and immediate surrounding area have first priority and that Contra Costa County residents have second priority before any other appropriate applications from residents of other areas are considered or accepted into the facility. Staffing Levels 4. ____ ____ Upon commencement of operations at the facility, staffing shall consist of at least onetwo qualified staff persons 24 hours a day so it shall never be un- staffed. The overnight staff shall be responsible for facility monitoring, security, enforcement of facility rules, client assistance and shall be available as a facility liaison with the Contra Costa Sheriff and East Contra Costa Fire Protection District during overnight operations. Verification of Disability 5. ____ ____ All clients of the facility shall be classified as disabled as that term is defined in federal and state fair housing laws. The operator/applicant shall execute and provide an affidavit annually (due by January 31 of every year) to the Zoning Administrator confirming that all clients receive services from this facility are disabled. Posting of License 6. ____ ____ Prior to the commencement of operations the applicant shall submit the state license from the Community Care Licensing Division to the Zoning Administrator and the license shall be posted in a prominent, publicly accessible location in the facility. Client Screening 8 7. ____ ____ Prior to commencement of operations at that facility, the operator/applicant the following shall be included (and submitted to the Zoning Administrator for review and approval) in the operator/applicant’s client screen procedures: The operator/applicant shall not admit as allowed by law, any client that: a) Has a conviction for a misdemeanor or felony involving a crime of violence or any sexual offense; b) Is on parole or probation as a result of conviction of a misdemeanor or felony involving a crime of violence or any sexual offense; c) Is required by Court order to attend a drug and alcohol treatment and/or recovery facility and will be paid for by Federal, State or County funding; d) Has within the previous year, been know to the operator/applicant to have had two or more instances of aggressive and violent behavior or within the past six months has been known to the operator/applicant to have had at least one instance of aggressive and violent behavior; e) Has a history of violence, physical assault or abusive behavior at a previous adult residential care facility. If any of these criteria are found to apply to a client after being accepted into the facility the client shall be expelled from the facility, as allowed by law and regulation. Nuisances 8. ____ ____ The operator/applicant shall ensure the subject property is not unsafe, unsightly or poorly maintained at all times. If operator/applicant receives a violation notice from the County with regards to any of the issues, operator/applicant shall correct the violation as required by the County or contact the Zoning Administrator directly to reach agreement on an acceptable action plan to correct any violations. Compliance Report: 9. ____ ____ At least 60 days prior to commencement of use or issuance of a Building permit, the applicant shall submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. Except for those conditions administered by the Public Works Department, the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. (A copy of the conditions of approval may be available on computer disk; to try to obtain contact the project planner at 335−1206.) Unless otherwise indicated, the applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of a building permit. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements for the requested ministerial permit. 9 The permit compliance review is subject to staff time and material charges, with an initial deposit of $500.00, which shall be paid at time of submittal of the compliance report. A check is payable to the County of Contra Costa. Individual Septic Systems 10. ____ ____ Prior to the issuance of a building permit or commencement of use provide evidence that the Contra Costa County Department of Environmental Health has reviewed and approved the private septic tank system proposed to serve the entire facility. Minor modifications to the approved site plan may be made to accommodate the approved system. Individual Wells 11. ____ ____ Prior to the issuance of a building permit or commencement of use provide evidence that the Contra Costa County Department of Environmental Health has reviewed the adequacy of the proposed small water system. Fees 12. ____ ____ This application is subject to an initial application fee of $2700.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Right to Farm Ordinance 13. ____ ____ Prior to the issuance of a building permit, the applicant shall record a deed disclosure statement, as set forth in Right to Farm Ordinance, Contra Costa County Code Section 820-6.006(1), Subsection (4), subject to the review and approval of the Zoning Administrator. Access to the Adult Residential Facility 14. ____ ____ All access to and from the Bonita House adult residential care facility, located at 2950 Penny Lane, shall be from the northern driveway (30 foot easement) off of Byron Highway and not Penny Lane. The applicant shall provide an unlocked gate along the Penny Lane access in front of the existing driveway to the residence at 2950 Penny Lane. This driveway should only be used by emergency vehicles and the gate shall have a sign that says “Emergency Access Only”. Good Neighbor Incident and Complaint Protocol 10 15. ____ ____ At least 30 days prior to the commencement of operations at the facility, the applicant shall submit to the Zoning Administrator a policy protocol that will include procedures for how to notify the BHI of neighborhood incidents or complaints. This policy protocol will include procedures for BHI or their representative to personally investigate the neighborhood incident or complaint. This policy protocol will also include procedures for notifying the complainant in writing as to what actions were taken to address the issue or why no action was taken. Number of Bedrooms 16. ____ ____ At least 30 days prior to the issuance of building permits the applicant shall revise the floor plans to include the appropriate number of bedrooms for up to ten residents and two, 24 hour fulltime staff persons with the number of bedrooms not to exceed a total of seven. Landscape Plan 17. ____ ____ At least 30 days prior to the issuance of building permits, the applicant shall provide a landscaping plan that provides adequate screening for the east side of the property (i.e. near the adjacent residence). The trees shall provide a sufficient screen within two years of planting and shall be maintained for the life of the adult residential care facility. House Rules 18. ____ ____ At least 30 days prior to the issuance of building permits, the applicant shall submit the proposed Bonita House Inc. “House Rules” that are to be established for the adult residential facility at 2950 Penny Lane, for the review and approval of the Zoning Administrator. Indemnification 19. ____ ____ Prior to establishing the use, the applicant shall provide a letter to the Department of Conservation and Development, Community Development Division indicating that the applicant shall defend, indemnify, and hold harmless Contra Costa County, its agents, officers, and employees any claim, action, or proceeding against the County or its agents, officers, or employees, to attack, set aside, void, or annul, the County’s approval concerning this land use permit. The County will promptly notify the applicant of any claim, action or proceeding and cooperate fully in defense. 11 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. Adult Residential Care Facility may be subject to ordinances, statues and regulations administered by other County Departments, including the Health Department, Public Works Department, and Building Inspection Division and may be subject to state and federal laws and regulations. The establishment of this facility does not relieve the applicant from the obligation to obtain any other permit or license required by this code or state or federal law. C. It is the applicant’s responsibility to comply with all Contra Costa County Fire Protection District requirements. D. It is the applicant’s responsibility to comply with all Contra Costa County Building Inspection Division requirements. E. E. The Building Inspection Division will require three sets of building plans which must be stamped by the Community Development Division and by the County Health Department. F. The applicant will reference the “Good Neighbor Guide” as issued by the state Community Care Licensing Divisions for adult residential care facility. G. The applicant will comply with all statestate Community Care Licensing regulations for mental health workers with respect any staff member, volunteer or consultant at the facility. G:\Current Planning\Ryan\Bonita House Appeal\7-13-2010 LP082042 Findings & COAs Draft CPC.doc