Chapter 18.04 — Interpretation of the Development Code Provisions

Sections:

• 18.04.010 – Purpose and Intent 18.04.020 – Rules of Interpretation 18.04.030 – Procedures for Interpretation 18.04.040 – Uses Not Classified 18.04.050 – Headings and Illustrations

• 18.04.060 – Official Version of Development Code

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

• A. Authority . The Director has the authority to interpret the provisions of the Development Code in compliance with this chapter. Whenever the Director determines that the meaning or applicability of a 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. A decision of the Director may be appealed to the Commission.

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

  1. Language . 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.

  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 sentence 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.

     • b. Other Calculations . For all calculations other than residential density, the fractional/decimal results of calculations shall be rounded to the next highest whole number, unless otherwise specified.

  5. Conjunctions . “And” indicates all connected items or provisions shall apply. “Or” indicates the connected items or provisions may apply singly or in any combination.

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“Either…or” indicates the connected items and provisions shall apply singly but not in combination. “Includes” and “including” mean “including but not limited to”.

6. Local Reference . “City” means the City of East Palo Alto and all public officials, bodies, and agencies referenced in this Code are those of the City, unless otherwise stated.

7. Definitions . As defined or as determined by the Director. The provisions of Civil Code Sections 13 and 1645 are adopted in the interpretation of words and phrases, unless otherwise provided.

• C. Number of Days . Whenever the number of days is specified in the Development Code, or in any permit, condition of approval, or notice issued or given, the number of days shall be construed as calendar days. 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. State Law Requirements . Where the Development Code refers to provisions of state laws, the references shall be interpreted to be to the applicable State law provisions as they may be amended from time to time.

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

• A. Authority of Director to Interpret; Referral to Commission . Whenever the Director determines that the meaning or applicability of any of the requirements of the 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 with the Director and shall include with the request the specific provisions in question and any other information necessary to assist the Director in the review.

• C. Appeals . Any interpretation by the Director or Commission may be appealed.

Use Not Listed is Not Allowed. If a proposed use of land is not specifically listed either as permitted or conditionally permitted, the use is prohibited.

• A. Headings . The headings of the chapters, sections, subsections, subparagraphs, and clauses of the Development Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of the Code or its provisions.

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

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Chapter 18.04

• A. Responsibility for Maintaining Official Version . The City Clerk shall maintain the official version of the Development Code. In the event the City Clerk maintains an online version, (an electronic version), and/or a printed (hard copy) version of the Development Code or contracts with an outside vendor to provide online public access, the printed (hard copy) version of the Development Code maintained by the City Clerk shall be the controlling legal authority. The City Clerk may provide an online version or an electronic version as a public service in order to enhance public access and interaction. A disclaimer should indicate the Development Code and related materials posted to, or linked from, the City’s website are provided as a public service and may, from time to time, contain information not completely up-to-date.

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