This chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan.
(Prior code § 16-120.010)
A. 
Authority. The Community Development Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code, subject to appeal pursuant to Chapter 16.100 (Appeals).
B. 
Language.
1. 
Abbreviated Titles and Phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel and decision-making bodies are shortened in this Development Code. The City of Stockton is referred to hereafter as the "City." The Community Development Department is referred to as the "Department." The Community Development Director is referred to as the "Director." The City Council is referred to as the "Council." The Planning Commission is referred to as the "Commission." The Development Review Committee is referred to as the "DRC" and the Architectural Review Committee is referred to as the "ARC." The State of California is referred to as the "State," and the County of San Joaquin is referred to as the "County." The City of Stockton Municipal Code is referred to as "the Municipal Code." The California Subdivision Map Act is referred to as the "Map Act."
2. 
Terminology. When used in this Development Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" and "encourage" are not mandatory but are strongly recommended; "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...". The terms "amend," "modify," and "revise," all mean "to change." The term "waive" means "to eliminate a requirement." The use of the word "approval" includes approval with conditions. The use of the words "appropriate" or "applicable" means "as determined by the applicable Review Authority, or if not identified, by the Director." The word "structure" includes "buildings and/or structures."
3. 
Number of Days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be 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 Development Code references applicable provisions of State law (for example, the California Government Code, Map Act, Public Resources Code, etc.), the reference shall be interpreted to be the applicable State law provisions as they may be amended from time to time.
C. 
Calculations—Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.
1. 
General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.
2. 
Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute and Chapter 16.40 (Affordable Housing Incentives/Density Bonus Provisions), any fractional number of units shall be rounded up to the next whole number.
D. 
Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows:
1. 
State and Federal Provisions. In the event of conflict, Federal and State of California regulations shall preempt the provisions of this Development Code.
2. 
Development Code Provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, unless otherwise specified.
3. 
Development Agreements, Master Development Plan, Precise Road Plans, or Specific Plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any development agreement, master development plan, precise road plan, or specific plan, planned development permit, the requirements of the development agreement, master development plan, planned development permit, approved planned unit residential development (PURD), or specific plan shall control.
4. 
Municipal Code Provisions. In the event of any conflict between requirements of this Development Code and other regulations of the City, the most restrictive requirement shall control.
5. 
Mitigation Measures. In the event of any conflict between the requirements of this Development Code and mitigation measures adopted as part of a certified environmental impact report or approved negative declaration, the mitigation measures shall control, unless an amendment is requested by the applicant and that amendment is approved by the City and/or responsible agencies in charge of the mitigation enforcement.
6. 
Private Agreements. This Development Code and its requirements shall not interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed at the time, or was entered into after the ordinance codified in this Development Code became effective. This Development Code applies to all land uses and development in the City regardless of whether a private agreement or restriction imposes a greater or lesser restriction on the development or use of a structure or land. If a requirement of this Development Code is more restrictive, this Development Code shall apply; this Development Code, however, does not affect the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to that covenant or agreement.
(Prior code § 16-120.020; Ord. 023-07 C.S. § 1; Ord. 2022-07-12-1601-02 C.S. § 2; Ord. 2025-06-03-1601, 6/3/2025)
Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code 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 Commission for determination.
A. 
Request for Interpretation. A request for an interpretation or determination shall be made to the Department and shall include all information described in the Instructions for Interpretation Requests, available from the Department, subject to the applicable fee.
B. 
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, in addition to the following findings:
1. 
This interpretation is consistent with the applicable provisions of this Development Code;
2. 
This interpretation will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property; and
3. 
This interpretation will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code.
C. 
Record of Interpretations. Official interpretations shall be written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination.
D. 
Amendment. Any provision of this Development Code that is determined by the Director to need refinement or revision will be corrected by amending this Development Code as soon as is practical. Until an amendment can occur, the Director shall maintain a complete record of all official interpretations as an appendix to this Development Code, which are indexed by the number of the chapter or section that is the subject of the interpretation.
E. 
Referral of Interpretation. The Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Development Code directly to the Commission for consideration.
F. 
Appeals. Any interpretation of this Development Code by the Director may be appealed to the Commission as provided by Chapter 16.100 (Appeals).
(Prior code § 16-120.030; Ord. 023-07 C.S. § 2)