Chapter 18.04 — Interpretation of the Zoning Code Provisions

Sections

18.04.010 – Purpose 18.04.020 – Rules of Interpretation 18.04.030 – Procedures for Interpretation 18.04.040 – Uses Not Classified 18.04.050 – Measurement of Separation Requirements 18.04.060 – Headings and Illustrations

The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure its consistent interpretation and application.

• A. Director’s Authority. The Community Development Director, referred to in this Zoning Code as the Director, has the authority to interpret the provisions of this Zoning Code in compliance with Section 18.04.030 (Procedures for Interpretation), below. Whenever the Director determines that the meaning or applicability of a Zoning Code provision is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Planning Commission for a determination. A decision of the Director may be appealed to the Planning Commission in compliance with Chapter 18.144 (Appeals).

• B. Intent of Requirements. The requirements of this Zoning Code are not intended to interfere with or annul any easements or covenants between parties, provided, however, that where this Code imposes a greater restriction than imposed or required by any other law, title, ordinance, code, or other regulation, or by any easement or covenant, the provisions of this Code shall apply.

• C. Terminology. When used in this Zoning Code, the following rules apply to all provisions of this Zoning Code:

  1. Language. When used in this Zoning 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 permissive.

  2. Tense. The present tense includes the past and future tense, and the future tense includes the present.

  3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

  4. Calculations.

  - **a. Residential Density.** When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number.
  

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  - **b. All Other Calculations.** For all calculations other than residential density, the fractional/decimal results of calculations exceeding .500 shall be rounded to the next highest whole number, unless otherwise provided by that specific Code provision. 

5. 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”.

6. Local Reference and Abbreviations. The following phrases, personnel, and document titles are shortened in this Zoning Code.

  - **a. City.** City as used in this Zoning Code means Santa Clara and all public officials, bodies, and agencies referenced in this Code are those of the City, unless otherwise stated.

• b. Council. Council as used in this Zoning Code means the Santa Clara City Council.

  - **c.  Department.** Department as used in this Zoning Code means the Santa Clara Planning and Inspection Department. 
  
  - **d. Designees of Public Officials.** Any reference to a public official in this Zoning Code (e.g., “Director” or “Zoning Administrator”) shall be construed to mean that official or any designee of that official. 
  
  - **e. Director.** Director as used in this Zoning Code means the Santa Clara Community Development Director. 
  
  - **f. Planning Commission.** Planning Commission as used in this Zoning Code means the Santa Clara Planning Commission. 
  

  7. Definitions. All terms used in this Zoning Code shall be as defined in Article 8 (Definitions) and/or as determined/interpreted by the Director.

• D. Number of Days. Whenever the number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

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

• F. Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise, for the promotion of the public safety, health, and the general welfare.

• G. Conflicting Requirements. Wherever conflict occurs between the provisions of this Zoning Code and any other provision of law, the more restrictive provisions shall apply, except for conflicts between the requirements of this Code and any adopted specific plan or Special Planning Area, in which case the requirements of the specific plan or Special Planning Area shall govern.

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Chapter 18.04 –

Article 1 – Enactment and Applicability

• A. Authority of Director to Interpret; Referral to Planning Commission. Whenever the Director determines that the meaning or applicability of any of the provisions of this Zoning Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination.

• B. Request for Interpretation. Any party may file a written request for an interpretation or determination of this Zoning Code with the Director and shall include with the request the specific provisions in question and any other information necessary to assist the Director in the review.

• C. Record of Interpretations/Determinations . All interpretations and determinations by the Director and Planning Commission shall be made in writing, and a permanent record of the interpretations and determinations shall be kept.

• D. Appeals. Any determination of this Zoning Code by the Director or Planning Commission may be appealed in compliance with Chapter 18.144 (Appeals).

• A. Use Not Listed is Not Allowed . Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in Subsection B., below.

• B. Director’s Determination. Based on the authority granted in Section 18.04.030 (Procedures for Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

  1. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, dust, emissions, noise, odor, parking, traffic generation, or similar impacts than the uses listed in the zone;

  2. The proposed use meets the purpose/intent of the zone that is applied to the location of the use;

  3. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable community plan; and

  4. The proposed use is not specifically listed as allowable in any other zone(s).

• C. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what development standards and requirements of this Zoning Code apply.

Whenever this Zoning Code specifies a distance separation requirement between land uses the distance between one use and another use shall be made in a straight line, without regard to intervening structures or objects, from property line to property line of the parcel on which the structure, or portion of the structure, in which the other use is located.

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• A. Headings. The headings of the articles, chapters, sections, subsections, subparagraphs, clauses, and subclauses of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions.

• B. Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text shall govern.

Santa Clara Zoning Code, Title 18

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ZONING

Chapter 18.06

Article 1 – Enactment and Applicability