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should make, if we decide to approve, if we should make that approval contingent upon <br />DOH€s approval. Of course, maybe if they have a track record they€ve run other kind of <br />facilities of this sort, then that would not be an issue; but without that information it€s <br />hard to tell. <br />YUEN:It€s covered. Currently, they€re covered by Condition 4 of this <br />Special Permit, comply with all the applicable laws, rules and regulations and <br />requirements of the affected agencies. So to the extent that this operation needs a permit <br />from the Department of Health, they have to get it. <br />ALAMEDA:Just to clarify that. May I, Chair? <br />GALDONES:Commissioner Alameda? <br />ALAMEDA:SoifwewouldgrantthisSpecialPermitandtheDepartmentof <br />Health would deny this Applicant a license, then would that make this Special Permit <br />mute? <br />DARROW:At that point, they wouldn€t be operating as a Special Treatment <br />Facility licensed by the Department of Health. They would have a use permit to be able <br />to operate a facility, a Treatment Facility for Youth; and I€m not sure how we might want <br />to look at that issue. <br />YUEN:No, they€re applying for a type of facility that does require a <br />Department of Health permit, so the permit would not be in effect. There are things that <br />you can do, no -. They built, say, they start a, they build a house, they€re running a <br />facility, they have a license, the license gets pulled, then they can€t run the facility <br />anymore. If we hear, and either the County Planning Department or the Department of <br />Health can say, You€re running an unlicensed facility,‚ and they€re in violation of both. <br />Now, they still have a building out there. There are certain things that they can do with <br />the building that don€t require a Department of Health permit and don€t require a County, <br />that don€t require a Special Permit. So they can do those things, or they could have <br />somebody live in the building, for example. But they could not run a -. <br />ALAMEDA:Right, right. So they could potentially, like some of the examples <br />will be rent it out, things of that nature? <br />YUEN:Yeah, they could rent it out. There€s a, the size of the building, <br />you can, you know, you have a limit of five unrelated persons in a dwelling, so you can€t <br />make it a complete boarding house. The size of the building makes it physically possible <br />to do that. But, by the same token, if they came in for a building permit for a large house, <br />and that€s what they came in for, then they could get the building permit for it. <br />ALAMEDA:The reason I asked is cause I used to work for the Department of <br />Health and we used to screen applications such as this. And if you look at the definition <br />for a Special Treatment Facility, you know, in the application that€s provided, you€ll see <br />4 <br /> <br />