9-100.050 - APPLICABILITY

(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.