Chapter 17.120 — INTERPRETATION OF ZONING CODE PROVISIONS

This Chapter provides rules for resolving questions about the meaning or applicability of any requirement of this Title. The rules provided in this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Title.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

• A. Authority. The Director shall have the responsibility and authority to interpret the requirements of this Title.

B. Language.

1. Terminology. When used in this Title, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to . . . ." The words "buildings and structures" are referred to as "structures."

2. Common words use. If not specifically defined herein, or the context otherwise requires, then words of

common use shall be defined as found in standard dictionaries.

3. Number of days. Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a City-recognized holiday, or a day the City is not open for business.

4. Minimum requirements. When any regulation of this Title is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (such as height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

5. State law requirements. Where this Title references provisions of State law (e.g., The California Government Code, Subdivision Map Act, Public Resources Code, and the like), the reference shall be construed to be the current State law provisions, as they may be amended from time to time.

6. Residential Zones. Whenever this Title refers to "residential zones," it shall mean properties in the R1, R2,

RLD, RMD, RHD, and Residential PD zones.

C. Calculations - Rounding. Wherever this Title requires calculations to determine applicable requirements, any fractional results of the calculations shall be rounded to the next higher whole number when the fraction is one-half or more, and to the next lowest whole number when the fraction is less than one-half. In the case of the number of dwelling units, numerical quantities that are fraction of whole numbers shall be rounded to the next higher whole number.

D. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley

centerlines shall be construed as the district boundaries;

2. If a district boundary divides a parcel, and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by the scale on the zoning map; and

3. Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property

that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement.

E. Allowable Uses of Land. If a proposed use of land is not specifically listed in Chapters 17.210 (Residential Zoning Districts), 17.220 (Mixed Use Zoning Districts), 17.240 (Planned Development Zoning Districts), 17.250 (Special Purpose Zoning Districts) and 17.260 (Overlay Zones), the use shall not be allowed, except as follows.

1. Similar uses allowed. The Director may determine that a proposed use not listed in Article 2 (Zoning Districts,

Allowable Land Uses and Zone-Specific Standards) is allowable if all of the following findings are made:

a. The proposed use will be consistent with the goals, objectives and policies of the General Plan and any applicable Specific Plan;

b. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and are not more destructive, detrimental or intensive than the uses listed in the district; and

c. The proposed use will meet the purpose and intent of the zoning district that is applied to the site.

2. Applicable standards and permit requirements. When the Director determines that a proposed use not listed in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Title apply.

3. Board of Zoning Adjustment determination. The Director may forward questions about equivalent uses

directly to the Board for a determination in compliance with § 3.03.405 (Board of Zoning Adjustment) of the CCMC.

F. Conflicting Requirements:

1. Municipal Code provisions. If conflicts occur between the requirements of this Title and other regulations of

the City, then the most restrictive shall control.

2. Zoning Code provisions. If conflicts occur between the provisions within this Title, the most restrictive

requirement shall control; except in the case of any conflict between the regulations in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) and Article 3 (Site Planning and General Development Standards), Article 3 shall control.

3. Development Agreements or Specific Plans. When conflicts occur between the requirements of this Title and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control.

4. Private Agreements. This Title 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 a private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any covenant or agreement unless the City is a party to the covenant or agreement.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

At the written request of any interested person, or at the Director's discretion, the Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation.

• A. Request for Interpretation. A request shall be written that specifically states the provision(s) in question and provides any information to assist in the review.

• B. Record of Interpretations. Official interpretations shall be:

1. In writing, and shall quote the provisions of this Title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2. Distributed to the Council, Commission, City Attorney, City Clerk, and all pertinent staff.

Any provision of this Title determined by the Director to need refinement or revision should be corrected by amending this Title as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Section being interpreted. C. Appeals and Referral. Any interpretation of this Title by the Director may be appealed to the Board as provided by § 3.03.235 (Board of Zoning Adjustment) of the CCMC. The Director may also refer any interpretation to the Board for a determination.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)