Chapter 17.12 — Interpretation of Code Provisions

Sections:

17.12.010 Purpose

17.12.020 Authority

17.12.030 Rules of Interpretation

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Development Code and the Coastal General Plan.

The Director has the authority to interpret any provision of this Development Code. Whenever the Director determines that the meaning or applicability of any Development Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination. A decision of the Director may be appealed to the Council through the administrative appeal procedure.

A. Language. When used in this Development Code, 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."

B. Time limits. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice provided in compliance with this Development Code, the number of days shall be construed as calendar days unless otherwise specified. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend, holiday, or other day the City is not open for business.

C. Zoning Map boundaries. See Section 17.14.020 (Zoning Map and Zoning Districts).

D. Allowable uses of land. See Section 17.20.030 (Allowable Land Uses and Planning Permit Requirements).

E. State law requirements. Where this Development Code references applicable provisions of State law (for example, the California Government Code, Coastal Act, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

• F. Conflicts. Where provisions of this Development Code overlap or conflict, the provision which is the most protective of coastal resources shall take precedence.

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