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)