§ 9101.02

The purpose of this Section is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Development Code, and to ensure the Development Code's consistent interpretation and application.

9101.02.020 - Rules of Interpretation.

A.

Authority. The Director has the authority to interpret provisions of this Development Code according to Subsection 9101.02.030 (Procedures for Interpretation). Whenever the Director determines that the

meaning or applicability of a Development Code requirement is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Commission for a determination. The Director may defer authority or interpretation, reviews, and approval to a designee. This shall be applied throughout the Development Code.

B.

Terminology. When used in this Chapter, the following rules apply to all provisions of this Development Code:

1.

Language. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4.

Calculations.

a.

Residential Density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. An Administrative Modification pursuant to Section 9107.05 (Administrative Modifications) may be approved to round up a fraction of a unit equal to or greater than 0.5. For projects eligible for a density bonus pursuant to Government Code Section 65915 or any successor statute and Section 9103.15 (Density Bonus for Affordable and Senior Housing), any fractional number of permitted density bonus units shall be rounded up to the next whole number.

b.

Other Calculations. For calculations other than residential density, the fractional/decimal results of calculations of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.

5.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to."

6.

Local Reference. "City" as used in this Development Code means the City of Arcadia, and all public officials, bodies, and agencies referenced are those of the City unless otherwise stated.

7.

Definitions. As defined in Division 9 (Definitions) and/or as determined/interpreted by the Director.

C.

Number of Days. Whenever the number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days, unless otherwise specified. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

D.

Minimum Requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

A.

Authority of Director to Interpret; Referral to Commission. Whenever the Director or designee determines that the meaning or applicability of any of the requirements of this Development Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.

B.

Request for Interpretation. Any party may file a request for an interpretation or determination of this Development Code with the Director and shall include with such request the specific provisions in question and any other information necessary to assist the Director in the review.

C.

Record of Interpretation/Determinations. All interpretations and determinations by the Director and Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

D.

Appeals. Any interpretation of this Development Code by the Director or Commission may be appealed in compliance with Section 9108.07 (Appeals).

A.

Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Division 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

B.

Director's Determination. Based on the authority granted in Subsection 9101.02.030 (Procedures for Interpretation), the Director may determine that a land use that is not listed in Division 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

1.

The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;

2.

The use will meet the purpose/intent of the zone that is applied to the location of the use; and

3.

The use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable Specific Plan or Planned Development Permit.

C.

Applicable Standards and Permit Requirements. When the Director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

D.

Uses Not Permitted in Arcadia. Notwithstanding the above, Bail Bonds, Boarding Houses, short-term rental, home sharing, Check Cashing Establishments, personal recreational use, possession, purchase, transport, or dissemination of marijuana, and any other uses determined by the Director to have equivalent characteristics and activities to these prohibited uses shall not be treated as permitted or conditionally permitted uses in any zone of the City of Arcadia.

E.

Marijuana Cultivation, Use and Violations.

1.

Outdoor Cultivation of Marijuana. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

2.

Indoor Cultivation of Marijuana.

a.

A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

b.

To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Planning Division. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

c.

The Planning Division will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements.

3.

Medical Use of Marijuana.

a.

Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in Subsection 9101.02.040.D.3 (Indoor Cultivation of Marijuana).

b.

The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative,

dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

4.

Commercial Use of Marijuana. The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

a.

The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

b.

The cultivation of marijuana;

c.

The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or

d.

Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

5.

Marijuana Violations. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Section 1200 of this Municipal Code and/or under state law.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

In case of a conflict between the Development Code text and any diagram, illustration, or image contained in the Code, the text shall control.

Where this Development Code refers to provisions of State law (for example, the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the references shall be interpreted to be to the applicable State law provisions as they may be amended from time to time.

Section 9101.03 - Zones Established