Chapter 20.105 — INTERPRETATION OF REGULATIONS

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan. (Ord. 1017, 2013)

• A. Authority. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code. Whenever the Director determines that the meaning or applicability of a Zoning Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for its determination. An applicant may appeal a decision to the Commission in compliance with Chapter 20.615 (Appeals).

• B. Language.

  1. Terminology.

     • a. The words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

     • b. The present tense includes the past and future tenses; and the future tense includes the present.

     • c. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

     • d. Gender references are interchangeable.

     • e. The word "person" includes individuals, partnerships, corporations, clubs, or associations.

     • f. The words "include," "includes," and "including" mean "including but not limited to …."

     • g. Conjunctions are interpreted as follows: "and" indicates that all connected items, conditions, provisions, or events shall apply; "or" indicates that the connected items, conditions, provisions, or events shall apply singly or in combination; and "either...or" indicates that connected items, conditions, provisions, or events shall apply singly and not in combination.

     • h. The word "used" means and includes observed, applied, utilized, operated, handled, arranged, designed, constructed, altered, converted, rented, leased, occupied or intended to be used. Whenever there is a difference between meaning and contextual use, the text shall supersede other interpretations.

  2. Number of days. Whenever a 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. 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, except as otherwise provided for by the Subdivision Map Act (Government Code Section 66410 et seq.).

  3. State law requirements. Where this Zoning Code references applicable provisions of State law (e.g., the Government Code , 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. Nothing in this Zoning Code shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, ordinance, or regulation.

licable provisions of State law (e.g., the Government Code , 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. Nothing in this Zoning Code shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, ordinance, or regulation.

4. Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

• C. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.

  1. Residential density. In calculating the number of units allowed on the site, density is calculated on the basis of total site area. When the number of dwelling units allowed on a site is calculated based on density limits established by a zone, any fraction of a unit shall be rounded down to the next lowest whole number, except as modified in Subsection 20.330.030.B (Eligible Projects for Density Bonus - Calculations). For example, where a residential zone allows 14 dwelling units per net acre of site area, a site of 8,500 square feet would be allowed two dwelling units (du).

Example: 8,500 sq. ft. / 43,560 sq. ft. = 0.195 acres;

0.195 acres x 14 du/acre = 2.730 du, rounded down to 2 du

2. All other calculations. For calculations other than residential density, the fractional/decimal results of calculations shall be rounded up to the next highest whole number, unless otherwise specified.

• D. Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows.

  1. Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control, except in case of any conflict between the provisions of Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards) and the provisions of Article 3 (Site Planning and General Development Standards), the provisions of Article 3 shall control.

  2. Development agreements or specific plans. In the event of any conflict between the requirements of this Zoning 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. Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the City, the most restrictive shall control.

4. Private agreements. It is not the intent of this Zoning Code to interfere with, repeal, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. This Zoning 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 an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not monitor or enforce any private covenant or agreement unless it is a party to the covenant or agreement.

   5. Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall control.

• E. Allowable uses of land. See Section 20.205.040 (Allowable Land Uses and Permit Requirements) for a list of allowable uses of land. If a proposed use of land is not specifically listed in Tables 2-2, 2-5, 2-7, 2-9, and 2-11, the use shall not be allowed, unless the Director can make a similar use determination in compliance with Chapter 20.105 (Interpretation Regulations).

• F. Zoning map boundaries. Where uncertainty exists as to the boundaries of any zone shown upon the official zoning map, the following provisions shall apply:

  1. Where a zone boundary is indicated as following a property line, the property line shall be construed to be the zone boundary. Where a zone boundary is indicated as following a right-of-way line of a highway, street, alley, or other public right-of-way, the centerline shall be construed as the zone boundary.

  2. Where a zone boundary divides a lot and the zone boundary location is not specified by distances indicated on the zoning map or in a legal description, the Director shall determine the location of the zone boundary by using the scale appearing on the zoning map.

  3. When a highway, street, alley, or other public right-of-way that serves as a zone boundary is officially vacated or abandoned, property that was within the former right-of-way shall be deemed to be included within the zone applicable to the property to which the abandoned right-of-way is being attached.

  4. Where a zone boundary is indicated as approximately following the centerline of a watercourse, ridge line, or other geographic feature, the Director shall determine the boundary location.

  5. If a conflict exists between the zoning map and a duly adopted ordinance establishing or changing the boundaries or location of a zone, the provisions of the ordinance shall prevail.

• G. Unlisted uses of land. If a proposed use of land is not specifically listed in Table 2-2, 2-5, 2-9, and 2-11, the use shall not be allowed, except as provided below for similar uses:

  1. Director's determination. The Director may determine that a proposed use not listed may be allowed as a permitted or conditional use. In making this determination, the Director shall first find that:

• a. 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, traffic generation, parking, dust, noise, or intensity than the uses listed in the zone;

  - b. The proposed use will meet the purpose and intent of the zone that is applied to the site; 
  
  - c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan or any applicable specific plan; 
  
  - d. The proposed use will not generate trips exceeding other uses proposed in the zone by more than 10 percent, as determined by any generally accepted manual (e.g., the most recent edition of the Institute of Transportation Engineers, Trip Generation [the "ITE Manual"]); and 
  
  - e. The proposed use is not listed as allowable in another zone. 
  

  2. Applicable standards and permit requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

• (Ord. 1017, 2013)

• A. City Clerk responsibility. The City Clerk shall maintain the official version of this Zoning Code and the Zoning Map. The Department may also keep a copy on file.

• B. Versions for public distribution. The City Clerk shall maintain the official version of this Zoning Code and the Zoning Map in hard-copy format. To provide public access, the City Clerk may contract with an independent vendor to distribute the Zoning Code online or may provide an online version or a digital version (e.g., Microsoft Word, PDF, etc.) through the City's website. A disclaimer should be included indicating that the Zoning Code, Zoning Map, and related materials that are posted to, or linked from, the City's website are provided as a public service and may, from time to time, contain information that is not completely up-todate.

• C. Discrepancy between versions. In the event there are multiple versions and a discrepancy arises between any of them, the order of prevailing accuracy shall be the following:

  1. Adopting ordinance;

  2. Official hard copy version; and

  3. Online or digital version.

• (Ord. 1017, 2013)

Article 2. Zones, Allowed Uses, and Zone-Specific Standards