This chapter provides rules for resolving questions about the
meaning or applicability of any part of this title. The provisions
of this chapter are intended to ensure the consistent interpretation
and application of the requirements of this title and the general
plan.
(Ord. 1308 § 5, 2000)
(a)
Authority. The planning director or designee of the director shall
have the responsibility and authority to interpret the meaning and
applicability of all provisions and requirements of this title.
(b)
Language.
(1)
Terminology. When used in this title, the words "shall," "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 "include," "includes," and "including" mean "including
but not limited to . . .".
(2)
"City council"
"Planning commission"
"Planning department"
Definitions. In addition to the definitions in Chapter 21.90 of this title, the following definitions shall apply:
means the city of Fountain Valley city council, referred
to in this title as the "council."
means the city of Fountain Valley planning commission, appointed
by the city council in compliance with Government Code Section 65101,
referred to throughout this title as the "commission."
means the "department" within the organizational structure
of the city responsible for implementation and enforcement of the
general plan, this title and other planning-related duties as assigned
by the city council, referred to throughout this title as "department."
(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 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 Map Act.
(4)
State Law Requirements. Where this title references applicable provisions
of state law (e.g., the California Government Code, Subdivision Map
Act, 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.
(c)
Calculations—Rounding. Where provisions of this title require
calculations to determine applicable requirements, any fractional/decimal
results of the calculations shall be rounded as provided by this subsection.
(1)
Minimum Lot Area and Number of Lots. The fractional/decimal results
of calculations of the number of housing units allowed within a zoning
district 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 zoning district shall
be rounded down to the next lowest whole number.
(3)
All Other Calculations. For all calculations required by this title
other than those described in subsections (c)(1) and (c)(2) of this
subsection, 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.
(d)
Conflicting Requirements. Any conflicts between different requirements
of this title, or between this title and other regulations, shall
be resolved as follows:
(1)
Development Code Provisions. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Chapters 21.04 through 21.14 of this code and the provisions of Chapters 21.16 through 21.30 of this code, the provisions of the latter shall control.
(2)
Development Agreements or Specific Plans. In the event of any conflict
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 control.
(3)
Municipal Code Provisions. In the event of any conflict between requirements
of this title and other regulations of the city, the most restrictive
shall control.
(4)
Private Agreements. It is not intended that the requirements of this
title shall interfere with, repeal, abrogate or annul any easement,
covenant or other agreement that existed when the ordinance codified
in this title became effective. 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 an
applicable private agreement or restriction, without affecting the
applicability of any agreement or restriction. The city shall not
enforce any private covenant or agreement unless it is a party to
the covenant or agreement.
(e)
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 the zoning map shows any lot or area within a particular zoning
district, the zoning district shall extend to the centerline of any
adjacent road, street, parkway or highway.
(2)
If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the director shall determine the location of the boundary by using the scale appearing on the zoning map. See also Section 21.06.050 (Requirements for sites divided by a zoning boundary) of this title.
(3)
Where a public street, alley, railroad or other public-right-of-way
is officially vacated or abandoned, property that was within the former
right-of-way shall be deemed to be included within the zoning district
applicable to the property to which the abandoned right-of-way is
being attached.
(f)
Allowable Uses of Land. If a proposed use of land is not specifically listed in Chapters 21.04 through 21.14 of this title, the use shall not be allowed, except as follows:
(1)
Similar Uses Allowed. The director may determine that a proposed use not listed in Chapters 21.04 through 21.14 of this title may be allowed as a permitted or conditional use, or is not allowed. In making such a 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
zoning district 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 district;
(B)
The proposed use will meet the purpose/intent of the zoning district
that is applied to the site; and
(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 title apply.
(Ord. 1308 § 5, 2000)
Whenever the director determines that the meaning or applicability
of any of the requirements of this title are 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.
(1)
Request for Interpretation. The request for an interpretation or
determination shall be made to the department, shall include all information
required by the department, and the fee established by the city's
fee resolution.
(2)
Findings—Basis for Interpretation. The issuance of an interpretation
by the director shall include findings stating the basis for the interpretation.
The basis for an interpretation may include technological changes
or new industry standards. The issuance of an interpretation shall
also include a finding documenting the consistency of the interpretation
with the general plan.
(3)
Record of Interpretations. Official interpretations shall be:
(A)
Written, and shall quote the provisions of this title being interpreted,
and the applicability in the particular or general circumstances that
caused the need for interpretations, and the determination; and
(B)
Distributed to the council, commission, city attorney, city clerk,
and department staff.
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Any provision of this title that is determined by the director
to need refinement or revision will be corrected by amending this
title as soon as is practical. Until an amendment can occur, the director
will maintain a complete record of all official interpretations as
an appendix to this title, and indexed by the number of the chapter
or section that is the subject of the interpretation.
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(4)
Referral of Interpretation. The director has the option of forwarding
any interpretation or determination of the meaning or applicability
of any provision of this title directly to the commission for consideration.
(5)
Fees. The applicant shall pay applicable fees for commission resolutions
on interpretations as established by council resolution.
(Ord. 1308 § 5, 2000)
