§ 9-100

The ordinance codified in this Title (Title 9) shall be known and cited as the "Development Title of San Joaquin County," the "Development Title" or the "Title." Reference to section numbers herein are to the sections of this Title.

This Title is adopted pursuant to the authority contained in the California Constitution, Article XI, Section 7, Section 65850 of the California Government Code and the Subdivision Map Act (Title 7, Division 2 of the California Government Code, as amended), the Surface Mining and Reclamation Act of 1975, California Public Resource Code, Division 2, Chapter 9, the California Environmental Quality Act, California Public Resource Code, Division 13 and the California Vehicle Code, Section 22660.

This Title is intended to serve as the basis for all land use regulations and development standards adopted by San Joaquin County. Its purposes is to protect and promote the public health, safety, and general welfare; implement the San Joaquin County 2035 General Plan; and achieve the following objectives:

(a)

Provide a precise guide for physical development in the County in a manner that will progressively achieve the arrangement of land uses depicted in the General Plan;

(b)

Support economic development and job creation, and provide housing for all segments of the community;

(c)

Promote a safe and efficient traffic circulation system;

(d)

Provide open spaces for light, air, and outdoor living;

(e)

Prevent overcrowding of land and the undue concentration of population;

(f)

Secure safety from fire, flooding, and other dangers;

(g)

Facilitate the provision of needed public services, community facilities, and recreational areas;

(h)

Conserve and stabilize the value of land and real property; and

(i)

Conserve the County's natural beauty, improve its appearance, and enhance its physical character.

All actions, approvals, and procedures taken with respect to, or in accordance with, this Title shall be consistent with the 2035 General Plan. In the event this Title becomes inconsistent with the 2035 General Plan by reason of adoption of a new General Plan or by amendment of the existing General Plan or any of its elements, this Title shall be amended within a reasonable time, so that it is consistent with the newly adopted General Plan or remains consistent with the existing General Plan, as amended. Additionally, all Development Title amendments shall be consistent with the 2035 General Plan. The procedure for the amendment of this Title is contained in Chapter 9-807, General Plan Amendments.

(a)

The various zones contained in this Code shall each be geographically applied in a manner consistent with the land use categories or designations provided by the 2035 General Plan according to the statement of purpose or intent accompanying each zone.

(b)

Certain preexisting land uses are not consistent with the land use designations provided by the 2035 General Plan. These preexisting, inconsistent land uses shall nonetheless be subject to zone classifications which are consistent with the 2035 General Plan, thereby making them nonconforming uses as prescribed by the zoning code. Recognizing that consistency between the 2035 General Plan and zoning code must be balanced by practical considerations and the avoidance of undue hardships, the nonconforming use regulations contained in this Code are not intended to detract from or diminish the overall objective of ensuring consistency of the zoning code with the 2035 General Plan.

(a)

Organization of Regulations. The Development Title consist of nine series:

100 Series—General Provisions

200 Series—Base Zones

300 Series—Master Plans, Special Purpose Plans, Specific Plans, and Planned Development

400 Series—Additional Use and Development Regulations

500 Series—Subdivision Regulations

600 Series—Infrastructure Standards and Financing

700 Series—Supplemental Development Regulations

800 Series—Administration and Permits

900 Series—General Terms

(b)

Types of Regulations. The Development Title include three types of regulations that control the use and development of property:

(1)

Land Use Regulations. This Title specifies the land uses that are permitted, by right, or conditionally permitted within in each zone. This Title also provides any special requirements that are applicable to specific uses. Land use regulations for base zones and for overlay zones are located in the 200 and 300 Series. Additional land use regulations that apply countywide or to 'accessory dwelling unit, entertainment, home occupations, produce stands and agricultural stores, and wineries) are located in the 400 Series.

(2)

Development Regulations. This Title controls the height, density/intensity, location and form of structures on development sites. Development regulations for base zones are located in the 200 Series. Development regulations, applicable to some or all zones are located in the 400 Series; these include regulations for accessory buildings, fences, landscaping, lighting, nonconforming uses and structures, off-street parking and loading, signs, and wireless communications facilities. Standards for infrastructure and public improvements in subdivisions are in the 600 Series.

(3)

Administrative Regulations. This Title contains detailed procedures for the administration of this Title and includes common procedures, processes, and standards for discretionary entitlement applications and other permits. Administrative regulations are located in the 800 Series. Specific procedures for processing maps related to subdivisions, approving improvement agreements, and other approvals related to land divisions are located in the 500 Series. Authority for adopting and implementing Master Plans, Special Purpose Plans, Specific Plans and Planned Development is located in the 300 Series.

(c)

General Terms and Use Classifications. The 900 Series provides a list of terms and definitions of the terms used in the Development Title and a system of use type classifications used in the land use regulations for the base zones.

(d)

Permissive Code. Any use not specifically permitted by the provisions of this title is prohibited. All prohibited uses specified at any place within this title are examples only and are not to be construed as a complete listing of all prohibited uses.

(a)

General Rules for Applicability.

(1)

Applicability to Property. The Development Title applies, to the extent permitted by law, to all property within the unincorporated area of the County, including all uses, structures and land owned by any private person, firm, corporation or organization, or the County or other local, State, or federal agencies. Any governmental agency is exempt from this Title only to the extent that such land use or property may not be lawfully regulated by the County.

(A)

Interpretation as to Agricultural Use. Agriculture is a major industry in the county and the provisions of the Development Title shall be interpreted liberally in regards to valid agricultural uses and shall serve as a means of preventing undesirable encroachments of other land uses upon agricultural lands. Other reasonable and desirable land uses shall receive due consideration.

(2)

Regulations.

(A)

Compliance. Land must be used, and structures must be constructed, occupied, enlarged, altered, demolished, and moved in accordance with the provisions of this Title.

(B)

Minimum Requirements. In interpreting and applying the provisions of the Development Title, unless otherwise stated, the regulations shall be held to be the minimum requirements for the promotion and protection of the public safety, health, and general welfare.

(b)

Relation to Other Regulations.

(1)

General. The Development Title does not supersede any other regulations or requirements adopted or imposed by the Board of Supervisors, the State of California, or any federal agency that has jurisdiction over uses and development authorized by this Title. All uses and development authorized by this Title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this Title and any other provision of the County Code, the more restrictive provisions control, unless otherwise specified.

(2)

Permit Streamlining Act. Development Projects applied for pursuant to this Title will be processed in compliance with the Government Code Section 65920 et seq. (California Permit Streamlining Act).

(3)

Relation to Private Agreements. The Development Title shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that this Title controls where imposing a greater restriction than imposed by an easement, covenant, or agreement.

(4)

Application During Local Emergency. The Board of Supervisors may authorize a deviation from a provision of the Development Title during a local emergency that has been proclaimed and ratified under the County Code. This authorization may be made by resolution without notice or public hearing.

(c)

Effect on Previously Approved Projects and Projects in Progress. Any previously approved or in-progress building, structure, or use of land must be completed in accordance with the zoning, plans, specifications, and permits within the time frame originally permitted. If a previously approved or in-progress project cannot be completed within the original time frame, a Time Extension may be applied for under this Title. Additionally, a Revisions of Approved Actions or modification may be requested to change the previously approved conditions based on more permissive requirements in this Title. The Revisions of Approved Actions may be reviewed and approved by the Zoning Administrator or by the original Review Authority at the discretion of the Director.

(1)

Applications Filed Prior to and Approved After the Effective Date of the Development Title.

(A)

Applications Deemed Complete for Processing Prior to and Approved After the Effective Date of this Title. Complete applications filed prior to the effective date of this Title may be approved under the current provisions of this Title upon request of the applicant, with the exception of rezones. For a four-month period after the effective date of this Title, applicants may elect to develop under the provisions of the prior Development Title at the discretion of the Director, but in that case, the applicant shall comply with all provisions of the prior Title except where this Title is more permissive.

(i)

A time extension may be permitted under this Title upon submission of a completed application, fee, and documentation showing conditions have not substantially changed since the approval was granted.

(ii)

All requests for extensions shall be reviewed for compliance to the applicable development standards. Where the pre-existing Title is silent on any specific aspect of land use regulations and development standards, this Title controls. Extension requests may be denied or approved by the Zoning Administrator. The Zoning Administrator shall approve the extension request if the delay in obtaining a Building Permit was not caused by the applicant and has discretion to approve or deny the extension if the applicant failed to take steps towards obtaining a Building Permit. This decision is appealable to the Planning Commission, which may deny, approve, or approve with new conditions the extension request.

(B)

Applications for Rezoning Filed Prior to and Approved After the Effective Date of this Title. Rezoning applications filed prior to the effective date of this Title shall be governed by the provisions, standards, and conditions of approval established in this Title and shall follow the applicable procedures identified in the 800 Series, Administration and Permits, of this Title.

(2)

Applications Filed After the Effective Date of this Title and Not Covered by a Pre-Existing Development Agreement. All new applications filed after the effective date of this Title, including modifications and amendments to those new applications, shall conform to the current provisions of this Title.

A series of zoning maps, to be known collectively as the "Zoning Map of the County of San Joaquin" or "Zoning Map," shall be maintained by the Community Development Department.

(a)

Contents. The Zoning Map shall show the designations and boundaries of each zone and shall show any base data that the Director deems useful or that the Board of Supervisors directs.

(b)

Revisions. The Director shall revise the Zoning Map to show amendments, including changes in designations, rezoning of property, and clarification of zone boundaries.

(c)

Incorporation. The Zoning Map and all notations, references, data, and other information contained therein are made a part of this Title by reference herein.

(d)

Zone ..... Boundaries. Where uncertainty exists as to the boundaries of any zone shown on the Zoning Map, the following rules shall apply:

(1)

Where zone boundaries are indicated as approximately following street and alley lines or lot line, such lines shall be construed to be the boundary of the said zone, and the following shall apply:

(A)

When two zones are separated by a street or alley, the zone boundary shall be the centerline of the street or alley, unless otherwise specified, and

(B)

When a residential zone is separated from any other zone by a street or alley, the residential zone boundary shall include both sides of the street or alley.

(2)

Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to the centerline of such vacated or abandoned street or alley, unless otherwise documented;

(3)

Where any private right-of-way or easement of any railroad, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property, unless otherwise documented;

(4)

For unsubdivided property, or in instances where a zone boundary divides a lot, the location of the zone boundary shall be determined by the Director unless the zone boundary is indicated by dimensions.

(e)

Creation of New Zones. The boundaries of a new zone shall be shown on the Zoning Map. The map together with all legends, symbols, notations, references, zoning district boundaries and other information on the map shall be incorporated into this Title by reference as though it were fully included.

(a)

Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Title shall be resolved by the Zoning Administrator, or their designee.

(b)

Invalidity; Severability. If any section, subsection, sentence, clause, or phrase of this Title is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Title. The Board declares that it would have passed this Title and every section, subsection, clause, and phrase thereof, notwithstanding that one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

Except as otherwise specifically provided, no provision of this Title shall be construed as relieving any party from any applicable provision of county, state, or federal law.

9-100.090 - INAPPLICABILITY OF FORMAL RULES OF EVIDENCE

(a)

Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this Chapter, formal rules of evidence or procedure which must be followed in a court of record in this state shall not apply to hearings conducted pursuant to this Title.

(b)

No Presumption Regarding Error. There shall be no presumption that error is prejudicial or that injury was done if error is shown.

The ordinance adopting this Title repeals the pre-existing Title 9 of the Ordinance Code of San Joaquin County, Ordinance No. 549, Ordinance No. 1862, Ordinance No. 441, Ordinance No. 3384, Ordinance No. 545, Ordinance No. 648, and Ordinance No. 3089. The adoption of the ordinance, however, shall not affect or prevent any pending or future prosecution of, or action to abate, any existing violation of Title 9 of the Ordinance Code of San Joaquin County or any existing illegal use or violation of the repealed ordinances listed in this section, if the violation is also a violation of the provisions of this ordinance.

All permits and licenses issued by the County pursuant to this Title shall be subject to the following requirements:

(a)

Issuance of Permit. All departments, officials, and employees of the County responsible for the issuance of such permit or license shall determine that the permit or license requested will not violate any of the provisions of this Title.

(b)

Invalid Permit. Any permit or license issued by said departments, officials, or employees that is issued in violation of the provisions of this Title shall be null and void at the Director's discretion.

(c)

Failure to Comply. Failure to comply with any conditions or requirements of such permit or license shall be considered a violation and be subject to enforcement action subject to Chapter 9-815 Enforcement.

(d)

Permits Run with the Land. All development permits shall run with the land; permits are not tied to individuals, including those persons who applied for the permit or who owned the property at the time the permit was issued. However, time limits may be established for certain permits.

Chapter 9-101 - Rules for Construction of Language