The purpose of Title 10, Chapter 2, Article 33 (Interpretations) is to ensure the consistent interpretation and application of the provisions of these Zoning Regulations and the General Plan.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 109, Ord. 941, eff. November 10, 2023)
The Director shall have the responsibility and authority to
interpret the meaning and applicability of all provisions and requirements
of these Zoning Regulations.
(a)
Terminology. When used in these Zoning Regulations,
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...".
(b)
Number of days. Whenever a number of days is specified
in these Zoning Regulations, or in any permit, condition of approval,
or notice issued or given as provided in these Zoning Regulations,
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 Subdivision Map Act.
(c)
State law requirements. Where these Zoning Regulations
reference applicable provisions of State law (for example, the California
Government Code, Subdivision Map Act, Public Resources Code), the
reference shall be construed to be to the applicable State law provisions
as they may be amended from time to time.
(d)
Minimum requirements. When interpreting and applying
the regulations of these Zoning Regulations, all provisions shall
be considered to be minimum requirements, unless stated otherwise
(e.g., height limits and site coverage requirements for structures,
and the numbers and size of signs allowed are maximums, not minimums).
(e)
Conflicting requirements.
(1)
These Zoning Regulations and Municipal Code provisions. If conflicts occur between requirements of these Zoning Regulations,
or between these Zoning Regulations and other regulations of the City,
the most restrictive shall apply.
(2)
Development agreements. When conflicts occur between
the requirements of these Zoning Regulations and standards adopted
as part of any development agreement, the requirements of the development
agreement shall apply.
(3)
Private agreements. These Zoning Regulations apply
to all land uses and development regardless of whether they impose
a greater or lesser restriction on the development or use of structures
or land than a 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.
(§ 3, Ord. 771, eff. February 13, 2004)
A written request for an interpretation of the provisions of these Zoning Regulations or the General Plan may be filed, together with all required fees, with the Department in compliance with Section 10-2.1805. The request shall state the provisions of these Zoning Regulations and/or General Plan in question, and provide any information to assist in its review. The decision of the Director may be appealed to the Commission. The decision of the Commission may be appealed to the Council.
(§ 3, Ord. 771, eff. February 13, 2004)
