Chapter 17.120 — INTERPRETATION OF ZONING CODE PROVISIONS

This Chapter provides rules for resolving questions about the meaning or applicability of any requirement of this Title. The rules provided in this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Title. (Ord. 2456 § 2, 2010)

• A. Authority. The Director shall have the responsibility and authority to interpret the requirements of this Title.

• B. Language

  1. Terminology. When used in this Title, 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. 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

"includes" and "including" shall mean "including but not limited to." The words "buildings" and "structures" are referred to as "structures."

2. Common word use. If not specifically defined herein, or the context otherwise requires, then words of common use shall be defined as found in standard dictionaries.

3. Number of days. Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a City-recognized holiday, or a day the City is not open for business.

4. Minimum requirements. When any regulation of this Title is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise, such as for height limits and site coverage requirements for structures and signs, where the numbers and size of signs allowed are maximums, not minimums.

5. State law requirements. Where this Title references provisions of State law (e.g., the California Government Code , Subdivision Map Act, Public Resources Code ), the reference shall be construed to be the current State law provisions, as amended from time to time.

• C. Calculations/Rounding. Wherever this Title requires calculations to determine applicable requirements, any fractional results of the calculations shall be rounded to the next highest whole number when the fraction is 0.5 or higher, and to the next lowest whole number when the fraction is less than 0.5 except as stipulated for residential parking, Section 17.320.020(B) . In the case of the number of dwelling units, numerical quantities that are fractions of whole numbers shall be rounded to the next lowest whole number unless the fraction is 0.95 or higher, in which case the number may be rounded to the next highest whole number.

• D. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

  1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by the scale provided on the zoning map; and

   3. Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining properties on either side of the centerline.

• E. Permitted Land Uses. If a proposed use of land is not specifically listed in Chapters 17.210 , Residential Zoning Districts ; 17.220, Commercial Zoning Districts ; 17.230, Industrial Zoning Districts ; 17.240, Special Purpose Zoning Districts ; and 17.250, Overlay Zones , the use shall not be allowed, except as follows.

  1. Similar uses allowed. The Director may determine that a proposed use not listed in Article 2 is permitted if all of the following findings are made:

     • a. The proposed use is consistent with the goals, objectives, and policies of the General Plan and any applicable Specific Plan; and

     • b. The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the permitted uses listed in the applicable zoning district, and are not more destructive, detrimental, or intensive than the uses listed in the district; and

     • c. The proposed use will meet the purpose and intent of the zoning district that is applicable to the site.

  2. Applicable standards and permit requirements. When the Director determines that a proposed use not listed in Article 2 is equivalent to a listed use of the applicable zoning district, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Title are applicable.

  3. Planning Commission determination. The Director may forward questions about equivalent uses directly to the Planning Commission in conformance with Section 17.500.010 .

• F. Conflicting Requirements

  1. Municipal Code provisions. If conflicts occur between the requirements of this Title and other regulations of the City, then the most restrictive shall govern.

  2. Zoning Code provisions. If conflicts occur between the provisions within this Title, the most restrictive requirement shall govern; except in the case of any conflict between the provisions outlined in Articles 2 and 3, the provisions of Article 2 shall govern.

  3. Development Agreements or Specific Plans. When conflicts occur between the requirements of this Title and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall govern.

4. Private Agreements. This Title 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 a private agreement or restriction and without affecting the applicability of any agreement or restriction. The City shall not enforce any covenant or agreement unless the City is a party to the covenant or agreement.

5. Interpretation. In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not the intent of this Title to interfere with, abrogate or annul any easements, covenants, or other agreements between parties; however, the provisions of this Title shall govern where this Title imposes a greater restriction on the use of buildings or premises or on building heights, or requires larger space than is imposed or required by other ordinances, rules, or regulations, or by easements, covenants or agreements. It is also not the intent of this Title to permit or allow any use of buildings or premises that would be in violation of Federal, State, or local law or would be in conflict with the Constitution and laws of California or the United States.

(Ord. 2456 § 2, 2010)

At the written request of any interested person, or at the Director's discretion, the Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation.

• A. Request for Interpretation. A request shall be written that specifically states the provision(s) in question and provides any information to assist in the review.

• B. Record of Interpretation. Official interpretations shall be:

  1. In writing, and shall quote the provision(s) of this Title being interpreted, and explain the meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2. Distributed to the Council, Commission, City Manager, City Attorney, City Clerk, and all pertinent staff.

Any provision(s) of this Title determined by the Director to need refinement or revision should be corrected by amending this Title as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations available for public review, indexed by the number of the section(s) being interpreted.

• C. Appeals and Referral. Any interpretation of this Title by the Director may be appealed to the Commission as provided by Section 17.640.025. The Director may also refer any interpretation to the Commission for a determination.

• (Ord. 2456 § 2, 2010)