Sec. 107. Applicability of the Development Code:

• A. Applicability to Property: This Development Code shall apply to the extent permitted by law to all property whether owned by private persons, firms, corporations, or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any County or City including the County of Kings or any of its agencies; or by any authority or public entity organized under the laws of the State of California; all subject to the exception of the following properties:

  1. Public streets and alleys, except as described in Subdivision G of this Section

  2. Underground utility lines and facilities

  3. Underground communications lines

  4. Overhead communications lines

  5. Overhead electric distribution facilities, not to include overhead transmission lines, transmission substations and distribution substation

  6. Railroad rights-of-way to the extent of 100 feet in width.

(Ord. No. 668-1-17, §1, 3/28/17)

• B. Compliance with Regulations: An existing land use is lawful only when it was legally established in compliance with all regulations applicable at the time the use was established and when it is operated and maintained in compliance with all applicable provisions of this Development Code. No land shall be used and no structures built or occupied except in compliance with the provisions of this Development Code.

• C. Conflicting Regulations: Where conflict occurs with other County regulations or with state or federal laws, higher law shall control over lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more specific provision shall control unless otherwise specified in this Development Code or in state or federal law. Where two conflicting laws are equally specific, the more recently enacted law controls.

• D. Private Agreements: It is not intended that the requirements of this Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Development Code became effective. This Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The County shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

• E. Conditional Zoning: This Development Code shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of this Development Code.

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• F. Other Requirements May Still Apply: Nothing in this Development Code eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Code of Ordinances or complying with regulations of any city, county, regional, state or federal agency where applicable.

• G. Certain Events in Public Rights-of-Way: Notwithstanding Subdivision A.1 of this Section, a temporary event held in any right-of-way in any subdivision, which right-of-way is open to the public and has been accepted on behalf of the public but not into the County maintained system pursuant to Streets and Highways Code section 941, shall require a temporary land use permit pursuant to Section 1107.G of this Development Code.

• H. Applicability to Specific Plan: All development within a specific-plan area shall comply with the requirements of this Development Code and the regulations and standards set forth in the relevant specific plan. Should there be an interpretive conflict between a specific plan and this Development Code, the specific plan shall take precedence.

• (Ord. No. 668-2-20, §2, 1/26/21)

Sec. 108. Interpretation of the Development Code: In their interpretation and application, the provisions of this Development Code are held to be minimum requirements except where they are expressly stated to be otherwise.

• A. Interpretation: The following rules of interpretation shall apply unless inconsistent with the plain meaning of the context of this Development Code.

  1. Gender : The masculine shall include the feminine and the neuter.

  2. Headings : In the event that there is any conflict or inconsistency between the heading of an Article, Section, Paragraph, Figure, Table, illustration, graphic, map, or caption and the context thereof, the text shall govern.

  3. Language : When used in this Development Code, the words “shall”, “will”, “is to”, and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. Words used in the present tense include the future tense.

  4. List and Examples: Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

  5. Number : Words used in the singular include the plural, and words used in the plural include the singular.

  6. Oath : The word "oath" shall include affirmation.

  7. Time Limits : Whenever a number of days or months are specified in this Development Code, or in any permit, condition of approval, or notice provided in compliance with this Development Code, the number of days shall be construed to be calendar days. The time limit shall expire at 5:00 p.m. on the last day of the time limit established or specified. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, holiday, or other day, or partial day, the Community Development Agency is not open for business.

Code, the number of days shall be construed to be calendar days. The time limit shall expire at 5:00 p.m. on the last day of the time limit established or specified. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, holiday, or other day, or partial day, the Community Development Agency is not open for business.

• B. General Terminology : The word "County" shall mean the County of Kings, California. The words "Board of Supervisors" and "Board" shall mean the Board of Supervisors of the County of Kings. The words "Planning Commission" and "Commission" shall mean the Planning Commission duly appointed by the Board of Supervisors. The words "Zoning Administrator" shall mean the Zoning Administrator duly appointed by the Board of Supervisors. The word Director" shall mean the Director of Community Development duly appointed by the Board of Supervisors. The words "County Surveyor" shall mean the County Surveyor of the County of Kings. The words "Agricultural Commissioner" and “Ag. Commissioner” shall mean the Agricultural Commissioner of the County of Kings. The words "Building Official" shall mean the Building Official of the County of Kings. The words "Community Development" shall mean the staff of the Kings County Community Development Agency.

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• C. Similar Uses Permitted Purpose Statement: When a use is not specifically listed in this Development Code, it shall be understood that the use may be allowed if it is determined by the Zoning Administrator that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this Development Code, and anticipating that new uses will evolve over time, this Section establishes the Zoning Administrator’s authority to compare a proposed use and measure it against those listed in the Development Code for determining similarity. Refer to Section 1604.D for a list of the required findings applicable to similar uses.

Sec. 109. Construction and Definitions: Many Sections of this Development Code contain lists of uses separated by semicolons which are generally used to indicate a degree of separation from the other uses and are not intended to indicate subclassifications of the preceding use. The definitions of words used in this Development Code, and the construction of the words and provisions thereof, shall be as set forth in Article 25 of this Development Code.

Sec. 110. Composition of the Planning Agency: The Board of Supervisors, the Planning Commission, and the Zoning Administrator shall function as the Planning Agency and as the Advisory Agency in compliance with Government Code Section 65100. The Planning Agency is augmented by the Environmental Advisory Agency.

• A. Board of Supervisors: The role of the Board of Supervisors in the administration of the Development Code includes the following:

1. Serving as the review authority on legislative actions including General Plan Amendments, Development Code/Zoning District Map Amendments, and Development Agreements/Amendments; and

   2. In the case where the Board is the decision maker, determining the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures; and

   3. Reviewing appeals filed from the Planning Commission decisions; and

   4. Convening public hearings required in the above actions.

   5. To serve as the legislative body as that term is used in the Subdivision Map Act.

• B. Planning Commission: The role of the Planning Commission in the administration of this Development Code includes the following:

  1. Serving as the review authority on permit and approval applications including Conditional Use Permits and Density Bonuses; and

  2. In the case where the Commission is the decision maker, determining the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures; and

  3. Reviewing appeals filed from Zoning Administrator decisions on discretionary permit applications; and

  4. Providing recommendations to the Board of Supervisors on legislative actions; and

  5. Convening public hearings required in the above actions.

  6. Act as the advisory agency, as that term is used in the Subdivision Map Act, on Tentative Subdivision and Parcel Maps.

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• C. Advisory Agency: The Advisory Agency as designated in the Subdivision Map Act shall be comprised of two (2) divisions as described in Article 23 of this Development Code. The role of the Advisory Agency in the administration of this Development Code includes the following:

  1. Serving as the review authority on permit and approval of applications including In Lieu Parcel Maps, Tentative Parcel Maps, Tentative Tract Maps, Reversions to Acreage, Lot Line Adjustments, and Certificates of Compliance; and

  2. Interpreting that portion of this Development Code as it relates to subdivisions.

• D. Zoning Administrator: The Board of Supervisors of the County of Kings declares that there is a need for the office of Zoning Administrator to function in the County and hereby establishes such Office of Zoning Administrator to perform the duties and exercise the powers as prescribed in this Development Code and the Government Code in such a way as to promote the public health, safety and welfare, to further the objectives of the zoning plan and to do substantial justice.

  1. The Director of the Community Development Agency of the County of Kings shall serve as the Zoning Administrator.

  2. The role of the Zoning Administrator in the administration of this Development Code includes the following:

• a. Serving as the review authority on permit and approval applications including Site Plan Reviews, interpretations, exceptions, and reasonable accommodations, and Variances; and

  - b. Interpreting the meaning of the uses listed in this Development Code for the public; and 
  
  - c. The preliminary screening of projects to determine which projects are exempt from, and which projects are subject to, the requirements of the California Environmental Quality Act (CEQA), and the preparation, filing, and distribution of environmental documents as appropriate; 
  
  - d. Conducting Initial Studies and making determinations or recommendations as to whether a Negative Declaration or Notice of Exemption will be issued or whether an Environmental Impact Report will be required; 
  
  - e. Referring action as needed on any permit, approval or interpretation to the Planning Commission for review and final decision. 
  

  3. The Zoning Administrator may delegate any of his or her authority to the Community Development Agency Staff to act on his or her behalf.

• E. Environmental Advisory Committee (EAC):

  1. The EAC is an informal committee appointed by the Board of Supervisors to advise County boards, commissions, committee, and departments on environmental matters, associated with their individual areas of expertise, concerning the implementation of CEQA, made up of the following six members:

     • a. County Community Development Agency Director

     • b. County Agricultural Commissioner and Sealer of Weights and Measures

     • c. County Health Officer

     • d. County Director of Public Works

     • e. Manager of the Kings Mosquito Abatement District

     • f. U.C. Cooperative Extension Services Farm Advisor

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2. The EAC shall be advisory only and will not hold public meetings. Each EAC member may provide written comments determined by the member to appropriately reflect that member’s general and specific environmental concerns related to his or her area of expertise.

3. Duties of the Members of the EAC: The principal duty of the members of the EAC shall be to review initial studies which are submitted by County Departments during the 20-day public review period for proposed negative declarations and the 30-day or 45-day public review period for draft EIRs required by CEQA Section 21091. Committee members may make any of the following recommendations:

   • a. Recommend approval of the initial study as a negative declaration, if, based upon the initial study, the Committee member determines that the project will not have a significant effect on the environment. Failure to notify the Planning Division of the Community Development Agency within the specified review period, indicates acceptance of the initial study as submitted; or

   • b. In writing, request specific changes to the draft initial study, and with those specified changes recommend that the decision maker adopt a negative declaration; or

• c. In writing, recommend the preparation of an environmental impact report if, based upon the initial study, the Committee member believes that the project will have a significant adverse effect on the environment. The committee member shall specify, in writing, what effects on the environment he or she believes will be significant and why.

4. Each EAC member shall also be responsible for recommending to the Board of Supervisors’ requests for additions to, or deletions from, the list of classes or projects that are exempt from environmental review pursuant to Sections 21084 through 21086, inclusive, of CEQA.

5. Limitations of Review by Environmental Advisory Committee: The review of negative declarations and environmental impact reports by the members of the EAC shall be advisory in nature and shall be limited to a determination of the objectivity and adequacy of the environmental documents submitted to its members, and shall ensure that the decision maker has sufficient information about the possible impacts to the environment, in the judgment of the committee member, that the project may cause. Committee members shall not consider the value of the project itself or whether the project should be approved or denied. Such determination is solely the responsibility of the decision maker for the project.