§ 1.20

The Zoning Code is enacted based on the authority vested in the City of Tehachapi by the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.).

A. Responsible Bodies and Individuals [new]

The Zoning Code shall be administered by: the Tehachapi City Council, hereafter referred to as the “Council;” the Planning Commission, hereafter referred to as the “Commission;” the Community Development Director, hereafter referred to as the “Director;” and the Tehachapi Community Development Department, hereafter referred to as the “Department.” See also Section 1.10.040 (Applicability).

C. Delegation of Authority and Responsibility.

The City Planner may delegate any responsibility or authority charged to him/her by any section of the Zoning Code to any employee of the City. Any employee or employees so designated may act on behalf of the City Planner in a matter or proceeding specified in the Zoning Code. [18.06.020]

B. Exercise of Discretion [new]

In the event that a provision of the Zoning Code allows the Review Authority (responsible body or individual) to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

1. The proposed project complies with all applicable provisions of the Zoning Code;

2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community; and

3. The decision is consistent with the General Plan.

Tehachapi Zoning Code | October 2014 Adopted |

1-5

Chapter 1.20 Authority and Administration of Zoning Code

A. Authority

The Director has the authority to interpret any provision of the Zoning Code. Whenever the Director determines that the meaning or applicability of any 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 their determination.

B. Language

When used in the Zoning Code, the following rules for words and language shall apply:

C. Time Limits

Whenever a number of days is specified in the Zoning Code, or in any permit, Condition of Approval, or notice provided in compliance with the Zoning Code, the number of days shall be construed as consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

D. Regulating Plan Boundaries

See Section 3.10.020 (Official Regulating Plan and Zones).

E. Allowable Uses of Land

1. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory.

2. “Should” is not mandatory but is strongly recommended; and “may” is permissive.

3. The present tense includes the past and future tenses; and the future tense includes the present.

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

The Director has the authority to determine similar uses beyond what is explicitly identified in Article 3 (Specific to Zones). The Director may also refer any issue of similar use to the Commission for their determination.

F. State Law Requirements

Where the Zoning Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

5. The words “includes” and “including” shall mean “including but not limited to . . .”.

1-6 | Adopted October 2014 | Tehachapi Zoning Code