Chapter 21.12 — INTERPRETATION OF CODE

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

(Ord. 612 Exhibit A (part), 2008).

(a) If ambiguity arises concerning the meaning or applicability of any provision of this title, the community development director shall have the responsibility to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation for the following provisions specified in this chapter:

• (1) The development standards applicable to a particular zoning district or use, or

• (2) Zoning boundaries (see Section 21.16.030).

(b) If any ambiguity arises concerning the classification of a particular use, the community development director shall have the responsibility to review pertinent facts, determine the intent of the provision, and to refer the matter to the planning commission for interpretation and decision. An administrative record of all such decisions by the planning commission shall be maintained.

(c) Interpretations by the community development director and planning commission may be appealed to the designated appeal authority pursuant to Chapter 21.88.

(Ord. 612 Exhibit A (part), 2008).

• (a) Terminology. When used in this title, the following rules apply to all provision of this title:

• (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 words indicates otherwise.

(4) 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…".

(5) Local reference. "City" as used herein means the City of La Mirada and all public officials, bodies and agencies referenced herein are those of the city unless otherwise stated.

(b) Number of Days. Whenever the 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. 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.

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

(Ord. 612 Exhibit A (part), 2008).

(a) Whenever the community development director determines that an ambiguity in a zoning regulation exists in accordance with Section 21.12.02, the community development director shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation.

(b) Any provision determined by the community development director to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical. The director shall maintain a complete record of all official interpretations available for public review, indexed by the section number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. Any applicant or property owner directly affected by such interpretation shall receive a notice of action, including the record of interpretation and information regarding appeal procedures pursuant to Section 21.84.090. All recorded interpretations shall be provided to the planning commission, city manager, city attorney, city clerk, and department heads as an information item within thirty days of the director's determination.

(Ord. 612 Exhibit A (part), 2008).