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 provisions of this Development Code and the General Plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Authority. Unless otherwise stated in this Development Code, the Environmental Services Director is assigned the responsibility and authority to interpret the requirements of this Development Code.

B.

Language.

1.

Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Development Code. The City of Simi Valley is referred to hereafter as the "City." The City of Simi Valley Development Code is referred to hereafter as "this Development Code." The Environmental Services Department is referred to hereafter as the "Department"; the Environmental Services Director is referred to hereafter as "Director"; the City Council is referred to as the "Council"; the Planning Commission is referred to as the "Commission"; and "buildings and structures" are referred to hereafter as "structures."

2.

Terminology. 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 sentence indicates otherwise. Words in the masculine gender include the feminine, and the feminine the masculine.

3.

Rounding of quantities. Whenever an application of this Development Code results in required parking spaces or other standards being expressed in fractions of whole numbers, the fractions shall be rounded to the next higher whole number, except that:

a.

Calculations for the number of permitted animals shall comply with Section 9-44.060 (Animal Keeping); and

b.

Quantities expressing dwelling units per acre shall be rounded down to the next lower whole number.

4.

Number of days. Whenever a 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.

5.

Minimum requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be considered to be minimum requirements, unless stated otherwise.

6.

State law requirements. Where this Development Code references applicable 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 applicable State law provisions as they may be amended from time to time.

C.

Zoning Map boundaries. See Section 9-20.030(B) (Zoning Map).

D.

Allowable uses of land. See Section 9-22.030(A) (Allowable Land Uses).

E.

Conflicting requirements.

1.

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

2.

Development Agreements or Specific Plans. When conflicts occur 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 apply.

3.

Private agreements. 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 (not including Development Agreements or Specific Plans) or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private conditions, covenants, restrictions (CC&Rs), homeowner's association regulations, or agreement unless it is a party to the covenant or agreement.

(§ 5, Ord. 1085, eff. January 6, 2006)

Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this Section.

A.

Request for interpretation. A request shall be written, specifically state the provisions in question, and provide information to assist in the review.

B.

Record of interpretations. Any provision of this Development Code that is determined by the Director to need refinement or revision should be corrected by amending this Development Code as soon as is practical. Until amendment can occur, the 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. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this Development Code 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, Commission, and all Department Directors.

C.

Appeals and referral. An interpretation of this Development Code by the Director may be appealed to the Commission when in compliance with Chapter 9-76 (Appeals). The Director may also refer any interpretation to the Commission for a determination.

(§ 5, Ord. 1085, eff. January 6, 2006)