Chapter 23.107 — Interpretation Of Code

This chapter assigns code interpretation responsibility to the director to allow interpretations to be made on a regular basis and allows the director to elevate certain interpretations to the council when necessary to make a policy decision that may have a significant impact on the community at large. This chapter also provides rules for interpretation to clarify the use of some basic terms. (Ord. 27-2008 § 1 (Exh. A § 1.3.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The director shall have the authority and responsibility to interpret terms, provisions, and requirements of this code according to the following:

• A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code:

City of Rancho Cordova = City Community development director = Director City council = Council Planning department = Department

• B. Terminology. The following rules apply to all provisions in this code:

  1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended and "may" is permissive.

  2. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word

indicates otherwise.

3. 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."

4. Number of Days. Whenever a number of days is specified in this code, or in any entitlement, condition of approval, or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business.

5. Minimum Requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise.

• C. Calculations – Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).

• D. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If an item is not listed, it is not permitted, except as otherwise provided for in this title.

• E. Consistency of Text and Diagrams. Diagrams are provided in this code to illustrate the requirements of the zoning code's text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the city's regulations.

• (Ord. 27-2008 § 1 (Exh. A § 1.3.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 4-2018 § 3 (Exh. A))

• A. Director Determination. Whenever the director determines that the meaning or applicability of any of the requirements of this code is ambiguous, misleading, or unclear, the director may issue an official interpretation.

• B. Referral. The director may refer an official interpretation to the council for a final determination.

• C. Council Review Following Referral. The initial referral is placed on the consent agenda at the next council meeting so that the council decides one of the following actions:

  1. The director determination remains as stated.

  2. Requires council decision as a regular agenda item for action at the next regularly scheduled council meeting. No public hearing shall be required.

• D. Record of Interpretation. The department shall keep records of the official determinations of interpretations on file for future reference and to ensure consistency of interpretations over time.

(Ord. 27-2008 § 1 (Exh. A § 1.3.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))