Chapter 81.02 — INTERPRETATION OF REGULATIONS

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. 4011, passed - -2007)

(a) Authority. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code, subject to appeal to the Commission in compliance with Chapter 86.08 (Appeals).

(b) Permissive Code. In the interpretation and application of the provisions of this Development Code, it shall be declared to be a permissive code. Any use not specifically allowed shall be prohibited, except as otherwise provided in § 82.02.030 (Allowed Land Uses and Planning Permit Requirements) or in § 82.02.040 (Exemptions from Planning Permit Requirements).

(c) Language.

(1) Abbreviated Titles and Phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel and decision-making bodies are shortened in this Development Code. The County of San Bernardino is referred to hereafter as the “County.” The Land Use Services Department is referred to as the

“Department.” The County Director of Land Use Services is referred to as the “Director.” The Board of Supervisors is referred to as the “Board.” The Planning Commission is referred to as the “Commission.” The State of California is referred to as the “State.” The County of San Bernardino Code is referred to as “the County Code.” The California Subdivision Map Act is referred to as the “Map Act.”

(2) Terminology. When used in this Development Code, the words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” and “encourage” are not mandatory but are strongly recommended; “may” is permissive. 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 “include,” “includes,” and “including” mean “including but not limited to . . ..” The terms “amend,” “modify,” and “revise,” all mean “to change.” The term “waive” means “to eliminate a requirement.” The use of the word “approval” includes approval with conditions. The use of the words “appropriate” or “applicable” means “as determined by the applicable Review Authority, or if not identified, by the Director.” The word “structure” includes “buildings and/or structures.”

(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 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 County is not open for business, except as otherwise provided for by the Map Act.

(4) State Law Requirements. Where this Development Code references applicable provisions of State law (for example, the California Government Code, Map Act, Public Resources Code, etc.), the reference shall be interpreted to be the applicable State law provisions as they may be amended from time to time.

(d) Calculations - Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subdivision.

(1) Number of Lots. The fractional/decimal results of calculations of the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number.

(2) Residential Density. The fractional/decimal results of calculations of the number of housing units allowed within a land use zoning district shall be rounded down to the next lowest whole number.

(3) All Other Calculations. Unless otherwise specifically addressed in this Development Code, for all calculations required by this Development Code other than those described in Subdivisions (1) and (2), the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

(e) Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows.

(1) Development Code Provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the land use zoning district regulations of Division 2 (Land Use Districts and Allowable Land Uses) and the provisions of Division 3 (Countywide Development Standards), the provisions of Division 3 shall control.

(2) Development Agreements or Specific Plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control.

(3) County Code Provisions. In the event of any conflict between requirements of this Development Code and other regulations of the County, the most restrictive requirement shall control.

(4) Mitigation Measures. In the event of any conflict between the requirements of this Development Code and mitigation measures adopted as part of a certified environmental impact report or approved negative declaration, the most restrictive shall control.

(f) Interpretation of Land Use District Boundaries.

(1) If there is uncertainty about the location of any primary or overlay land use district boundary shown on the Land Use Plan or sectional Land Use District Maps, the location of the boundary shall be determined by the Director as follows:

(A) Where a district boundary approximately follows a lot, alley, or street line, the lot line and street and alley centerlines shall be construed as the district boundary.

(B) In unsubdivided property, and where a district boundary divides a parcel and the boundary line location is not specified by dimensions printed on the land use district map, the location of the boundary will be determined by using the scale appearing on the map.

(C) Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to the vacated or abandoned street or alley.

(2) If the Director determines that the above rules do not resolve uncertainty about a boundary location, the Commission shall determine the location of the boundary.

(g) Illustrations. The figures, diagrams and other graphics used throughout this Development Code are for illustration purposes only and to the extent any are in conflict with the written provisions, the written provisions shall govern.

(Ord. 4011, passed - -2007)