Chapter 17.108 — AUTHORITY AND ADMINISTRATION

This Code is enacted based on the authority vested in the City by the State of California, including, but not limited to: the State Constitution , Section 65800 and subsequent sections of the Government Code , the California Environmental Quality Act, the Subdivision Map Act, the Health and Safety Code , and case law of the State and Federal courts as they may all be modified from time to time.

(Ord. 1670(19) § 11)

• A. Responsible Bodies and Individuals. This Code shall be administered by the City Council, the Planning Commission, the Community Development Department Director, and the Community Development Department as provided in Section 17.504.020 (Authority for Land Use and Zoning Decisions).

• B. Exercise of Discretion. In the event that a provision of the Code allows the review authority (responsible body or individual) to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

  1. The proposed project complies with all applicable provisions of the Code;

  2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community;

  3. The decision promotes economic or housing growth with economically viable requirements;

  4. The exercise of discretion promotes the public health, safety, and welfare; and

  5. The decision is consistent with the General Plan.

• C. Delegation of Authority and Responsibility. The Director may delegate any responsibility or authority charged to him or her by any section of the Code to any employee of the City. Any employee or employees so designated may act on behalf of the Director in a matter or proceeding in the Code.

• (Ord. 1670(19) § 11; Ord. 1679(21) § 11)

• A. Authority. The Director has the authority to interpret any provision of this Code. Whenever the Director determines that the meaning or applicability of any Code requirement is subject to interpretation, the Director may issue an official written interpretation. The Director may also refer any issue of interpretation to the Planning Commission for its determination. Any interpretation may be appealed as provided in Chapter 17.612 (Appeals).

• B. Language. When used in this Code, the following rules for words shall apply:

  1. The words "shall," "must," "will," "is to," and "are to" are always mandatory.

  2. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

  3. The present tense includes the past and future tenses; and the future tense includes the present.

  4. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

  5. The words "includes" and "including" shall mean "including, but not limited to…".

  6. When used to describe the applicability of two or more requirements of this Code, the word "or" shall mean that compliance with any of the series is sufficient, and the words "and" and "and/or" shall mean that compliance with all of the series is required.

• C. Time Limits. Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in compliance with the Code, the number of days shall be consecutive calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

• D. Conflicting Requirements.

  1. Zoning Code and other City requirements. If conflicts occur between requirements of this Code, or between this Code and any other regulations of the City, the most restrictive requirements shall apply.

  2. Development agreements or specific plans. If conflicts occur between the requirements of this Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

  3. Private agreements. This Code 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 agreements or restriction, without affecting the applicability of the agreement or restriction. The City shall not enforce a private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.

• E. State Law Requirements. Where the Code references applicable provisions of State Law (for example, the California Government Code , 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.

• (Ord. 1670(19) § 11)

If any chapter, section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. The Council declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional and if for any reason this Code should be declared invalid or unconstitutional, then the original code shall be in full force and effect. (Ord. 1670(19) § 11)