Chapter 17.105 — Interpretation of Regulations

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 requirements of this Development Code and the General Plan.

• (Ord. 24-13, 10/1/2024)

• A. Authority. The Director has the authority to interpret any provision of this Development Code. Whenever the Director determines that the meaning or applicability of a Development Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for its determination. A decision of the Director may be appealed in compliance with Chapter 17.715 (Appeals).

• B. Language. When used in this Development Code, 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 "includes" and "including" shall mean "including, but not limited to. . ."

• C. Calculations.

  1. Residential density. When the number of dwelling units allowed on a site is calculated based on density limits established by a zone, any fraction of a unit shall be rounded down to the next lowest whole number. For example, within a residential zone that allows 14 dwelling units per net acre of site area, a site of 8,500 square feet would be allowed two dwelling units (du).

     • Example: 8,500 sq. ft./43,560 sq. ft. = 0.195 acres;

     • 0.195 acres x 14 du/acre = 2.730 du, rounded down to 2 du

  2. Minimum lot area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zone shall be rounded down to the next lowest whole number.

  3. All other calculations. For all other calculations required by this Development Code, 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, unless otherwise specified.

• D. Time limits. Whenever a number of days is specified in this Development Code, or in a permit, condition of approval, or notice provided in compliance with this Development Code, the number of days shall be construed as calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, state holiday, or other day the City is not open for business.

• E. State law requirements. Where this Development Code refers to provisions of state law (for example, the California Government Code , Map Act, Public Resources Code , etc.), the references shall be interpreted to be to the applicable state law provisions as they may be amended from time to time.

• F. Conflicting requirements.

  1. Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and the San Jacinto Municipal Code, or other regulations of the City, the most restrictive shall apply.

2. Development agreements or specific plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of an applicable development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

   3. Private agreements. This Development Code and its requirements shall not interfere with, repeal, abrogate, or annul any covenant, easement, or other agreement that existed at the time, or was entered into after, this Development Code became effective. This Development Code 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 (for example, conditions, covenants, and restrictions), without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party or an express third-party beneficiary to the covenant or agreement.

• G. Allowable uses of land. See Section 17.205.030 (Allowable Land Uses and Permit Requirements).

• H. Unlisted uses of land. If a proposed use of land is not specifically listed in Table 2-2 (Allowed Uses and Permit Requirements), the use shall not be allowed in the applicable zone, except as provided below for similar uses:

  1. Director's determination. The Director may determine that a proposed use not listed may be allowed as a permitted or conditional use, in compliance with Section 17.105.030 (Procedures for Interpretations), below. 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 zone 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 zone;

     • b. The proposed use will meet the purpose and intent of the zone that is applied to the site;

     • c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan or any applicable specific plan; and

     • d. The proposed use is not listed as allowable in another zone.

  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.

• I. Zoning Map boundaries. If there is uncertainty about the location of a zone boundary shown on the Official Zoning Map adopted in compliance with Section 17.200.030 (Zoning Map Adopted), the Director shall determine the location of the boundary as follows:

  1. Where a district boundary approximately follows a lot line or an alley or street line, the lot line, alley centerline, or street centerline shall be construed as the district boundary, as applicable;

2. If a district boundary divides a parcel and the boundary line location is not specified by distances indicated on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

   3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the vacated or abandoned street or alley.

• (Ord. 24-13, 10/1/2024)

Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code is 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 in writing to the Director and shall include all information described in the instructions for interpretation requests, available from the Department and payment of the applicable fee in compliance with the City's Fee Schedule. [[1]]

  • [1] Editor's Note: The Fee Schedule is on file in the City office.

• 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. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan and any applicable specific plan.

• 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. When a provision of this Development Code is determined by the Director to need refinement or revision, the provision shall 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 article, chapter, or section that is the subject of the interpretation.

• E. Referral of interpretation. The Director has the option of forwarding an interpretation or determination of the meaning or applicability of a provision of this Development Code directly to the Commission for consideration.

• F. Appeals. Any interpretation of this Development Code by the Director, or Commission may be appealed in compliance with Chapter 17.715 (Appeals). No appeal shall be made of an interpretation of the Council.

• (Ord. 24-13, 10/1/2024)

• A. Responsibility for maintaining official version. The City Clerk shall maintain the official version of this Development Code. In the event the City Clerk maintains an online version, an electronic version (e.g., Microsoft Word, PDF, etc.), and/or a printed (hard copy) version of the Development Code or contracts with an outside vendor to provide online public access to the Development Code, the printed (hard copy) version of the Development Code maintained by the City Clerk shall be the controlling legal authority. The City Clerk may provide an online version or an electronic version (e.g., Microsoft Word, PDF, etc.) of the Development Code as a public service in order to enhance public access and interaction. A disclaimer should be included indicating that the Development Code and related materials that are posted to, or linked from, the City's website are provided as a public service and may, from time to time, contain information that is not completely up-todate.

• B. Discrepancy between versions. In the case of a discrepancy between the online or electronic version and the official hard copy version of the Development Code, the order of prevailing accuracy shall be the following:

  1. The adopting ordinance;

  2. This Development Code; and

  3. The online or electronic version.

• (Ord. 24-13, 10/1/2024)