16.04 Interpretation of Code Provisions

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 provisions of this development code and the general plan.

(Ord. 182 § 2 (part), 1997)

A . Authority. The director is assigned the responsibility and authority to interpret the requirements of this development code.

B. Language.

1. Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this development code. The city of Murrieta is referred to hereafter as the "city." The city of Murrieta development code is referred to hereafter as "this development code." The development services director is referred to hereafter as "director," the city council is referred to as the "council," the planning commission is referred to as the "commission." "Buildings and structures" are referred to hereafter as "structures."

2. Terminology. 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 per-missive. 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."

3. Number of Days. Whenever a number of days is specified in this development code, or in any permit, condition of approval, or notice issued or given as provided in this development code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.

4. Minimum Requirements. When interpreting and applying the regulations of this development code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

5. State Law Requirements. Where this development code references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

C. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley

centerlines shall be construed as the district boundaries;

2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the most appropriate zoning for the property will be determined through the review of a zoning change application;

3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or

alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated

or abandoned street or alley.

4. Where a public street or alley is officially realigned, the zoning district boundary line shall automatically be adjusted to the new centerline of the public street or alley, and the area on either side of the new street or alley centerline shall be zoned the same as the adjacent property. This automatic adjustment in zoning district boundaries only applies if the resulting zone change reduces and/or increases the zoning districts area by a maximum of 5%; otherwise, a zone change and possible general plan amendment is required.

D. Allowable Uses of Land. If a proposed use of land is not specifically listed in Article II (Zoning Districts and Allowed Land Uses), the use shall not be allowed, except as follows:

1. Similar Uses Allowed. The director may determine that a proposed use that is not listed in Article II is allowable if the proposed use is substantially the same in character and intensity as those listed in Article II. Such a use is subject to the permit process that governs the category in which it falls.

2. Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this development code apply.

3. Commission Determination. The director may forward questions about similar uses directly to the

commission for a determination.

4. Medical Marijuana Dispensary Uses of Land Prohibited. Any use of land as a medical marijuana dispensary or mobile medical marijuana dispensary anywhere in the city is prohibited. Use of land as a medical marijuana dispensary or mobile medical marijuana dispensary is not substantially the same in character and intensity as any other use of land in Article II and no application may be made to the director or otherwise to the city for such a determination.

E. Conflicting Requirements:

1. Development Code and Municipal Code Provisions. If conflicts occur between requirements of this

development code, or between this development code and other regulations of the city, the most restrictive shall apply.

2. Development Agreements or Specific Plans. When conflicts occur between the requirements of this development code and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.

3. Private Agreements. This development 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 agreement or restriction, without affecting the applicability of the agreement or restriction. The city shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.

.** This development 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 agreement or restriction, without affecting the applicability of the agreement or restriction. The city shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.

(Ord. 492 Exhibit 1, 2014; Ord. 480-13 § 3, 2013; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

Whenever the director determines that the meaning or applicability of the requirements of this development code are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested in compliance with this section.

• A. Request for Interpretation. A request shall be written, specifically state the provision(s) in question, and

• provide information to assist in their review.

• B. Record of Interpretations. Official interpretations shall be:

1. In writing, and shall quote the provisions of this development code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2. Distributed to the council, commission, city attorney, city clerk, and department staff.

Provisions of this development code that are determined by the director to need refinement or revision should be corrected by amending this development code as soon as is practical. Until amendments can occur, the director will maintain a record of official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation.

C. Appeals and Referral. Interpretations of this development code by the director may be appealed to the commission as provided by 16.78 (Appeals). The director may also refer interpretations to the commission for a determination.

(Ord. 182 § 2 (part), 1997)