§ 23.01.041. Rules of Interpretation.

Any questions about the interpretation or applicability of any provision of this title, are to be resolved as provided by this section.

a.

Effect of provisions:

(1)

Minimum requirements: The regulations and standards set forth in this title are to be considered minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this title.

(2)

Effect upon private agreements: It is not intended that these regulations are to interfere with or annul any easements, covenants or other agreement between parties. When these regulations impose a greater restriction upon the use of land, or upon the height of structures, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by covenants, easements or agreements, these regulations shall control.

b.

Language:

(1)

Construction: When used in this title, the words "shall," "will," and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular.

(2)

Definitions. Definitions of the specialized terms and phrases used in this title are contained in Chapter 23.11, or in certain other sections of this title where the terms and phrases are actually used.

(3)

Time of day: Whenever a certain hour or time of day is specified in this title, or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or daylight savings time, whichever is in current use in the county.

(4)

Number of days: Whenever a number of days is specified in this title, or in any permit, condition of approval or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. Whenever the term "week" is used, it shall mean the days from Sunday to the following Saturday, inclusive. If the last day for the performance of any act required to be performed within a specified period of time is a holiday, then such period shall be extended to and shall include the next day which is not a holiday. The term "holiday" as used herein, shall mean Saturday, Sunday and all days where the county offices are closed for the entire day.

(5)

Rounding of quantities: Whenever this title requires consideration of distances, numbers of dwelling units, parking spaces or other aspects of development expressed in numerical quantities that are fractions of whole numbers, and this title uses such quantities in the form of whole numbers only, such numbers are to be rounded to the next highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5; provided, however, that quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage.

(6)

Site area measured: For any uses that require a minimum site area, the area used shall be the net site area (as defined in Chapter 23.11 as "Site Area, Net"). For parcels of one acre or greater, site area greater than or equal to .995 acres net will be rounded up for the purposes of defining net site areas. For example, a parcel of 4.995 acres net will be considered as conforming to a five acre net site area requirement. A parcel of .90 acres net would not be considered as conforming to a one acre net site area requirement.

c.

Map boundaries and symbols: If questions arise about the location of any land use category or combining designation boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, the following procedures are to be used to resolve such questions in the event that planning area standards (Part II of the Land Use Element), do not define precise boundary or symbol location:

(1)

Where a boundary is shown as approximately following a lot line, the lot line shall be considered to be the boundary.

(2)

Where a land use category applied to a parcel of land is not shown to include an adjacent street or alley, the category shall be considered to extend to the centerline of the right-of-way.

(3)

Where a boundary is indicated as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, railroad right-of-way, street or alleyway, the boundary location shall be determined by the Planning Department, based upon the character and exact location of the particular feature used as a boundary.

(4)

In cases of large ownerships containing separate land use categories unrelated to lot lines or terrain features, the precise location of boundaries is to be determined through Development Plan review and approval (Section 23.02.034), before any development.

(5)

In other cases where boundaries are not related to property lines or contours, planning area standards of the Land Use Element define the precise boundary location or the necessary procedure for determining its location.

(6)

Symbols used to delineate a combining designation may not be property specific. In the case of Historic, and Energy and Extractive area symbols, the text of the applicable Land Use Element area plan will identify the extent of the area covered by the symbol application.

(7)

Symbols indicating proposed public facilities are not property specific. They show only the general area within which a specific facility should be established. The actual distance around a symbol where a facility may be located is defined by Chapter 8, Part I of the Land Use Element.

d.

Allowable uses:

(1)

Where a proposed land use is not specifically listed in Section D, Chapter 7, Part I of the Land Use Element, the Planning Director will review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in the Land Use Element definitions is equivalent to that proposed.

(2)

Upon a written determination by the Planning Director that a proposed unlisted use is equivalent in its nature and intensity 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 standards affect its establishment.

(3)

Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the Planning Department, and will be considered for incorporation into the Land Use Element in the next scheduled general plan amendment.

(4)

At the discretion of the Planning Director, allowable use interpretation requests may be forwarded to the Planning Commission for determination. Determinations by the Planning Director may be appealed to the Planning Commission as set forth in Section 23.01.042.

(5)

In the event that a proposed use is found by the Planning Director (or by the Planning Commission or Board of Supervisors in an appeal), to be not equivalent to any listed use, the proposed use shall be deemed not allowed.

e.

Procedure for interpretation: If questions arise from persons or bodies charged with administering this title about its content or application, the Planning Commission shall ascertain all pertinent facts, and by resolution set forth its findings and interpretation. The resolution is to be forwarded to the Board of Supervisors, which is to consider the findings and interpretation of the Planning Commission and render a final decision and interpretation on the matter. Thereafter the interpretation of the Board of Supervisors shall prevail.

f.

References to state law sections. The actual language of the provisions of California State Law take precedence over any paraphrased versions, outdated quotations, or any other allusions to state law contained in this title.

g.

Determination of applicable notice and hearing procedures. The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the county at the time the application for development within the Coastal Zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and provisions of this title which are adopted as part of the Local Coastal Program. Where an applicant, interested person or the county has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable:

(1)

The Planning Director shall make his/her determination as to what type of development is being proposed (i.e., categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.

(2)

If the determination of the Planning Director is challenged by the applicant or an interested person, or if the county wishes to have a determination by the Coastal Commission as to the appropriate designation, the Planning Director shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director's opinion.

[Amended 1995, Ord. 2715]