Chapter 9.02 — GENERAL PROVISIONS

A. Authority: The director has the authority to interpret provisions of this development code. Whenever the director determines that the meaning or applicability of a development code requirement is subject to interpretation, the director shall issue a written interpretation. The director may also refer any issue of interpretation to the commission for a determination. A decision of the director may be appealed to the commission and a decision of the commission may be appealed to the council in compliance with chapter 9.81, "Appeals", of this title.

B. Terminology: When used in this title, the following rules apply to all provisions of this development code: 1. 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.

2. Tense: The present tense includes the past and future tense, and the future tense includes the present.

3. Number: The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4. Calculations:

a. 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. b. Residential Density: When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. c. Other Calculations: For calculations other than residential density, the fractional/decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified.

5. Conjunctions: "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either ... or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including, but not limited to".

6. Local Reference: "Town" as used herein means the town of Yucca Valley and all public officials, bodies, and agencies referenced herein are those of the town unless otherwise stated.

7. Definitions: As defined in article 7, "Definitions", of this title and/or as determined/interpreted by the director. C. Number Of Days: Whenever the 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 construed as calendar days. When the last of the specified number of days falls on a weekend or town recognized holiday, time limits shall extend to the end of the next working day.

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 land use zoning district regulations of article 2, "Zoning Districts And Development Standards", of this title and the provisions of article 3, "Development Standards", of this title, the provisions of article 3 of this title shall control.

2. Development Agreements 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 or specific plan, the requirements of the development agreement or specific plan shall control.

3. Town Code Provisions: In the event of any conflict between requirements of this development code and other regulations of the town, 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 most restrictive shall control.

• E. Minimum Requirements: When interpreting and applying the regulations of this development code, all

provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

• F. Interpretation Of Boundaries: See chapter 9.05, "Zoning Districts And Zoning Map", of this title.

• G. Illustrations: The figures, diagrams, and other graphics used throughout this development code are for

illustration purposes only and to the extent any are in conflict with the written provisions, the written provisions shall govern. (Ord. 250, 11-18-2014)

This development code is the primary tool used by the town to carry out the goals, objectives, and policies of the general plan. It is intended that all provisions of this development code be consistent with the general plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with these documents. (Ord. 250, 11-18-2014)

If any portion of this development code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this title. The council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Ord. 250, 11-18-2014)

A. Applicant's Agreement To Indemnify And Hold Harmless: The applicant shall agree to defend, indemnify and hold harmless the town of Yucca Valley, its agents, officers and employees, at his sole expense, against any action, claim or proceedings brought against the town or its agents, officers or employees, to attack, set aside, void, or annul this approval or because of the issuance of such approval, or in the alternative, to relinquish such approval, in compliance with this development code. The applicant shall reimburse the town, its agents, officers, or employees for any court costs, and attorney fees which the town, its agents, officers or employees may be required by a court to pay as a result of such action. The town may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. The town shall promptly notify the applicant of any claim, action or proceedings arising from the town's approval of this project, and the town shall cooperate in the defense.

B. Town's Duty To Notify Applicant And Cooperate In Defense: Any condition of approval imposed in compliance with this development code shall include a requirement that the town acts reasonably to promptly notify the applicant of any claim, action, or proceeding and that the town cooperates fully in the defense. (Ord. 250, 11-18-2014)