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 to the Planning Commission in compliance with 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. For example, the provision of RH zoning
district, which allows a parcel to be developed with 29 dwellings
for each net acre of site area, requires determining the number of
acres in the site, and multiplying the site area by 29 to determine
the number of dwellings allowed.
1.
Minimum Lot Area and Number of Lots. The fractional/decimal
results of calculations of the number of parcels allowed through subdivision
based on a minimum lot area requirement shall be rounded down to the
next lowest whole number. For example, the RL zoning district minimum
lot area requirement of 5,000 square feet net would allow division
of a 21,000 square foot lot into four lots.
Example: 21,000 sq. ft./ 5,000 sq. ft. = 4.2 lots, rounded down
to 4 lots
2.
Residential Density. When the number of housing units allowed on a site are calculated based on density limits established by a zoning district, any fraction of a unit shall be rounded down to the next lowest whole number. For example, the RH zoning district allows 29 dwelling units per net acre of site area; a site of 8,500 square feet would be allowed five dwelling units (du). Definitions of "Density-Net" and "Density-Gross" can be found in Chapter 16.240 (Glossary).
Example: 8,500 sq. ft. / 43,560 sq. ft. = 0.195 acres;
0.195 acres x 29 du/acre = 5.65 du, rounded down to 5 du
3.
All Other Calculations. For all calculations required by this Development Code other than those described in subsections (C)(1) and (C)(2) of this section, 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 Development Code, or between this Development
Code and other regulations, shall be resolved as follows:
1.
Development Code Provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and the provisions of Division 3 (Site Planning and General Development Standards), the provisions of Division 3 shall control, and in the case of any conflicts between overlay zoning districts (Chapter 16.28) and other portions of this Development Code, the provisions of the overlay zoning districts shall control.
2.
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.
3.
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.
4.
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.
5.
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.
E.
Unlisted Uses of Land. If a proposed use of land is not specifically
listed in Table 2-2 (Allowable Land Uses and Permit Requirements)
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 in Table 2-2 may be allowed as a permitted or conditional use, in compliance with Instructions for Interpretation Requests (Section 16.08.030). 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
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 zoning district;
b.
The proposed use will meet the purpose/intent of the zoning district
that is applied to the site; and
c.
The proposed use will be consistent with the goals, objectives, and
policies of the General Plan and any applicable master development
plan or specific plan.
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 Development Code
apply.
(Prior code § 16-120.020; Ord. 023-07 C.S. § 1; Ord. 2022-07-12-1601-02 C.S. § 2)
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.
(Prior code § 16-120.030; Ord. 023-07 C.S. § 2)
