Milpitas Municipal Code Ch. A.4 Rules of Interpretation

This Chapter provides the specific rules that explain how to interpret this Title and how to perform calculations and measurements that are required to implement this Title.

(Ord. No. 38.858, § 4, 9/2/25)

A. Interpretation of this Title.

1. Intent. No matter how carefully constructed, this Title will require interpretation in its day-to-day administration. In adopting this Title, it is the intent of the City to interpret and administer this Title in a reasonable fashion consistent with the public interest of the residents of the city.

2. Director Interpretation. Where there is uncertainty regarding the interpretation of any provision of this Title or its application to a specific site, the Director shall determine the interpretation of the provision consistent with this Subsection.

a. An interpretation may be initiated by the Director, by an applicant consistent with Subsection D.2.040.B.1 (Applicant), or by any interested party.

b. An interpretation initiated by an applicant shall be processed in compliance with Chapter D.2 (Procedures) as applicable.

c. The Director's determination shall be issued in writing.

d. The determination of the Director may be appealed in accordance with the provisions of Section D.2.040.N (Appeals).

e. Nothing shall limit the authority of the Director to revise, reconsider, or otherwise modify or rescind any interpretation previously made.

3. Controlling Provisions. In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements guided by the following:

a. Where this Title imposes a greater restriction than is imposed or required by other rules, regulations, or ordinances or easements, covenants, agreements, or entitlements, the provisions of this Title shall control.

b. Where other rules, regulations, or ordinances or easements, covenants, agreements, or entitlements impose greater restrictions or more specific standards than those of this Title, the greater restriction or more specific standard shall control.

c. Where provisions of this Title are in conflict, the more specific regulations shall apply over the more general; where provisions of this Title remain in conflict, the more restrictive provisions shall apply.

B. Conflict between Text and Figure. In the event of a difference or conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text shall control.

C. Interpretation of Zone Boundaries. Where there is uncertainty regarding the location of a zone boundary or other feature shown on the Zoning Map, the following rules shall be used to resolve the uncertainty:

1. Review of the legal description of the lot or lots referenced by the assessor's parcel number of any prior rezoning and/or the existing Zoning Map.

2. Unless otherwise clearly indicated on the Zoning Map, zone boundaries shall coincide with property lines and centerlines of alleys, lanes, streets, highways, streams, and/or railroads.

3. Where a public street is officially vacated or abandoned, the property that was formerly in the street shall be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street.

4. For parcels containing two or more zones, the location of the zone boundary shall be determined by the Director, and the applicable regulations for each zone shall apply based on the zone boundary.

5. Where the location of the zone boundaries cannot be determined by the above rules, the boundaries shall be located by using the scale on the Zoning Map.

D. References to Other Laws.

1. Where this Title references applicable provisions of other laws (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable law provisions as they may be amended from time to time.

2. Unless otherwise indicated, all references are to California and local laws (e.g., the California Government Code, California Subdivision Map Act, California Public Resources Code).

E. Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, the deadline shall be extended to the close of business on the next working day.

F. Calendar Year. All references to years are to calendar years, unless otherwise indicated.

G. Determination of Similar Use.

1. Each zone establishes a list of primary uses and accessory uses which are permitted, permitted with a Minor Conditional Use Permit or permitted with a Conditional Use Permit, see Section D.4.030 (Use Permits), or not allowed. Occasionally, uses may be proposed which are not specifically listed in the use tables in Part XIII-B (Zone Regulations).

2. The Director may administratively determine when an unlisted use is proposed in a zone that the proposed use is similar to an appropriate use category where the uses are clearly similar in character to those uses listed, consistent with the purposes of the zone and General Plan, and not detrimental to the public health, safety, or welfare. A use determined to be similar shall apply to the zone uniformly regardless of location.

3. When a proposed, but unlisted, use is determined to be similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining what approvals are required and what standards and requirements of this Title apply.

(Ord. No. 38.858, § 4, 9/2/25)

A. Interpretation of Words and Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected words or provisions shall apply.

2. "And/or" indicates that the connected words or provisions may apply singularly or in any combination.

3. "Including" or "includes" indicates "including, but not limited to." Any listing or examples that follow the word "including" or "includes" connotes an illustrative list or set of examples, one purposefully capable of enlargement, and does not imply that the list or examples are exhaustive or otherwise limit any preceding or subsequent words or phrases.

4. "Or" indicates that compliance with any of the series of connected words or provisions is sufficient.

5. "Either…or" indicates that the connected words or provisions shall apply singularly, but not in combination.

6. The words "shall," "should," "will," "must," "is to," and "are to" are always mandatory and not discretionary, except when applied to the City, including its officers, officials, employees, or agents, in which case these words are directory only and not mandatory.

7. "May" is permissive and discretionary.

8. Unless the context clearly indicates otherwise, words in the present and future tense are interchangeable.

9. Unless the context clearly indicates otherwise, words in the singular and plural are interchangeable.

B. Undefined Terms. The Director shall make an interpretation for any definition not expressly identified in this Title.

C. Fractions. Whenever this Title requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1. General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number, and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.

2. Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density in accordance with California Government Code section 65915 or any successor statute, any fractional number of permitted bonus density units shall be rounded up to the next whole number.

(Ord. No. 38.858, § 4, 9/2/25)