This chapter provides rules for resolving questions about the
meaning or applicability of any requirement of this Zoning Ordinance.
The rules provided in this chapter are intended to ensure the consistent
interpretation and application of the provisions of this Zoning Ordinance
and the General Plan.
(Ord. 01-594 § 2, 2001)
A.
Authority. The Planning and Development Services Director
has the responsibility and authority to interpret the requirements
of this Zoning Ordinance.
B.
Language.
1.
Terminology.
When used in this Zoning Ordinance, 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 "include," "includes," and "including" shall
mean "including but not limited to . . ."
2.
Number
of Days. Whenever a number of days is specified in this Zoning Ordinance,
or in any permit, condition of approval, or notice issued or given
as provided in this Zoning Ordinance, the number of days shall be
construed as calendar days. Time limits will extend to the following
City Hall working day where the last of the specified number of days
falls on a weekend, holiday, or other day when City Hall is officially
closed.
3.
Minimum
Requirements. In interpreting, analyzing, and applying the provisions
of this Zoning Ordinance, unless otherwise stated, they shall be held
to be the minimum requirements for promotion of public health, safety,
peace, comfort, and general welfare. Discretionary decisions required
by this Zoning Ordinance may include the imposition of conditions
and standards that are stricter than those required by this Zoning
Ordinance.
4.
State
Law Requirements. Where this Zoning Ordinance references 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 current state law provisions, as they may be amended
from time to time.
C.
Calculations - Rounding. Whenever this Zoning Ordinance
requires consideration of distances, parking spaces, or other aspects
of development or the physical environment expressed in numerical
quantities that are fractions of whole numbers, the numbers shall
be rounded to the next higher whole number when the fraction is 0.5
or more, and to the next lower whole number when the fraction is less
than 0.5, except as otherwise noted in this Zoning Ordinance.
1.
In
the case of calculating the maximum numbers of dwelling units allowed
for a specified unit of land, numerical quantities that are fractions
of whole numbers shall be rounded to the next lower whole number for
development projects that contain dwelling units to be sold or rented
at market rates, and rounded to the next higher whole number for projects
which include affordable units.
D.
Conflicting Requirements. Any conflicts between different
requirements of this Zoning Ordinance, or between this Zoning Ordinance
and other regulations or requirements, shall be resolved as follows.
1.
Zoning
Ordinance Provisions. If conflicts occur between different requirements
within this Zoning Ordinance, the least restrictive regulation shall
control; provided, however, that in any conflict between the zoning
district regulations of Article 19-2 (Zoning Districts and Allowable
Land Uses), and the provisions of Article 19-3 (Site Planning and
General Development Standards), the provisions of Article 19-3 shall
control.
2.
Specific
Plans. In the event of any conflict between the requirements of this
Zoning Ordinance and standards adopted as part of any specific plan,
the requirements of the specific plan shall control.
3.
Development
Agreements. In the event of a conflict between a standard contained
in a development agreement and a standard in the Zoning Ordinance
in effect at the time the development agreement was approved, the
more restrictive requirement shall control.
4.
Municipal
Code Provisions. In the event of any conflict between requirements
of this Zoning Ordinance and other regulations of the city, the more
restrictive shall apply.
5.
Private
Agreements. It is not intended that the requirements of this Zoning
Ordinance interfere with, repeal, abrogate or annul any easement,
covenant, or other agreement that existed when this Zoning Ordinance
became effective or was amended. This Zoning Ordinance 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. The city may 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 Planning and Development Services Director shall determine
the location of the boundary based on the public record of adoption
by the Council.
F.
Allowable Uses of Land. If a proposed use of land is not specifically listed in Section 19.06.030 (Residential Zoning District Land Uses and Permit Requirements), or in Section 19.10.030 (Commercial and Public District Land Uses and Permit Requirements), the use shall not be allowed, except as follows.
1.
Similar
Uses Allowed. The Planning and Development Services Director may determine
that a proposed use not listed in Article 19-2 is allowable if all
of the following findings are made:
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 higher level
of activity, population density, or parking demand than the uses listed
in the district;
b.
The proposed use will meet the purpose and intent of the zoning district
in which it is proposed; and
c.
The proposed use will be consistent with the goals, objectives and
policies of the General Plan and any applicable specific plan.
2.
Applicable
Standards and Permit Requirements. When the Planning and Development
Services Director determines that a proposed, but unlisted, use is
similar to a listed use, 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 Zoning Ordinance apply.
3.
Planning Commission Determination. The Planning and Development Services Director may forward questions about similar uses directly to the Planning Commission for a determination at a public meeting. Determinations by the Planning and Development Services Director may be appealed to the Planning Commission in compliance with Chapter 19.76 (Appeals).
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 1, 2003; Ord. 07-763 § 6, 2007; Ord. 18-1044 § 7, 2018; Ord. 19-1058 §§ 8 –
10, 2019; Ord. 19-1072 § 7,
2019)
Whenever the Planning and Development Services Director determines
that the meaning or applicability of any of the requirements of this
Zoning Ordinance are subject to interpretation generally, or as applied
to a specific case, the Director may issue an official interpretation.
The Director shall issue an interpretation when requested to do so
in compliance with this section.
A.
Request for Interpretation. A request shall be in writing,
and shall specifically state the provisions in question, and provide
any information that may assist in the review of the request.
B.
Timing, Findings, Basis for Interpretation. The Planning and Development Services Director shall issue a written interpretation within 60 days of the filing of a written request for an interpretation, or within that time shall refer the request to the Commission in compliance with subsection (D). The issuance of an interpretation 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.
C.
Record of Interpretations. Official interpretations shall
be:
1.
Written,
and shall quote the provisions of this Zoning Ordinance being interpreted,
and explain their meaning or applicability in the particular or general
circumstances that caused the need for interpretation; and
2.
Distributed
to the Council, Planning Commission, City Attorney, City Clerk, Historic
Preservation Commission, and Planning and Development Services Department
staff.
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Any provisions of this Zoning Ordinance that are determined
by the Planning and Development Services Director to need refinement
or revision should be corrected by amending this Zoning Ordinance
as soon as is practical. Until amendments can occur, the Planning
and Development Services Director will maintain a complete record
of all official interpretations, available for public review, and
indexed by the number of the section that is the subject of the interpretation.
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D.
Referral of Interpretation. The Planning and Development
Services Director may forward any interpretation or determination
of the meaning or applicability of any provision of this Zoning Ordinance
directly to the Planning Commission for a determination at a public
meeting.
E.
Appeals. Any interpretation of this Zoning Ordinance by the Planning and Development Services Director may be appealed to the Planning Commission, any interpretation by the Planning Commission may be appealed to the Council, and any interpretation of Chapter 19.58 (Cultural Heritage Preservation) by the Planning and Development Services Director may be appealed to the Historic Preservation Commission, whose interpretation may be appealed to the Council, in compliance with Chapter 19.76 (Appeals).
(Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003; Ord. 19-1058 § 11, 2019)
