San Joaquin County Municipal Code Ch. 9 107M - Mountain House Development Title

Appendix 1, Mountain House Development Title, consisting of this chapter plus the following chapters, shall be known collectively and referred to as the Mountain House Development Title (MHDT).

(Ord. 3813 (part), 1994)

The intent of the Mountain House Development Title is to add provisions to, or amend provisions of, the development title of San Joaquin County in order to implement the Master Plan, Specific Plans and Special Purpose Plans of the Mountain House Community. In this context, the Mountain House Development Title shall be viewed as an addendum to the development title of San Joaquin County but only with respect to Mountain House.

(Ord. 3813 (part), 1994)

All actions, approvals and procedures taken with respect to, or in accordance with, this Mountain House Development Title shall be consistent with the San Joaquin General Plan and the Master Plan of the Mountain House Community. In the event this Mountain House Development Title becomes inconsistent with the San Joaquin General Plan or any of its elements, or with the Mountain House Master Plan, by reason of adoption of a new General Plan or Master Plan, or by reason of amendment of the existing General Plan or Master Plan, this Mountain House Development Title shall be amended within a reasonable time so as to achieve consistency with said documents.

(Ord. 3813 (part), 1994)

(a) Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Mountain House Development Title shall be resolved by the Director.

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

(Ord. 3813 (part), 1994)

It is not intended by the Mountain House Development Title to interfere with, abrogate or annul any easement, covenant, or other agreement between parties. Where the Mountain House Development Title imposes a greater restriction upon the use of buildings or land than are imposed by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of the Mountain House Development Title shall prevail, excluding development agreements and any vested provisions in agreements.

(Ord. 3813 (part), 1994)

Except as otherwise specifically provided, no provision of this Mountain House Development Title shall be construed as relieving any party to whom a development approval has been issued from any other provision of State or Federal law or from any provision, ordinance, rule or regulation of the County requiring a license, franchise or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction, or use.

(Ord. 3813 (part), 1994)

The following rules concerning the structure and use of the Mountain House Development Title shall apply:

(a) Chapters and sections of the Mountain House Development Title which amend specific chapters, sections or tables of the San Joaquin Development Title shall carry the same numbering as said chapters, sections or tables of the San Joaquin Development Title. For the Mountain House Development Title, the letter "M" shall appear at the end of chapter numbers, section numbers or table numbers to distinguish between Mountain House Development Title chapters, sections, and tables and San Joaquin Development Title chapters, sections and tables.

(b) Chapters and sections of the Mountain House Development Title that do not amend specific chapters or sections of the San Joaquin Development Title, or have no antecedents in the San Joaquin Development Title, shall be regarded as new or as additional provisions applicable only to the Mountain House Community. Said chapters and sections shall be numbered similarly with other Mountain House chapters and sections.

(c) Only those chapters, sections and tables of the Mountain House Development Title which represent amendments to specific chapters, sections, and tables of the San Joaquin Development Title or which represent new or additional provisions shall be contained in the Mountain House Development Title.

(d) Unless otherwise changed by the Mountain House Development Title, the provisions of the development title of San Joaquin County shall be applicable to all development within the Mountain House Community.

(Ord. 3813 (part), 1994)