The proposed land use and/or structure satisfies the requirements of subsection A., New Land Uses or Structures, and all other applicable statutes, ordinances, rules, and regulations; and

The site was subdivided in compliance with all applicable requirements of Title 16, Subdivisions, of the WMC or the County of Orange.

Decks, paths, and driveways. Any deck, platform, or on-site path not required by the WMC to obtain a building or grading permit, not more than 24 inches above natural grade, and not above any basement or story.

Governmental facilities. Any facility or operation regulated by the City, State, or Federal government on land owned or leased by a governmental agency, to the extent that exemption is required by State or Federal law or the City.

Decorative water features including fish ponds. Any decorative water features including, but not limited to, a fish pond, or similar installation as determined by the Director that is less than 18 inches deep, that is exempt from Building Permit Requirements and is in compliance with the WMC and California Building Code. These facilities shall comply with the applicable setback requirements outlined in Table 2-3, Residential Zoning District Standards, and/or Section 17.300.020, Setback Regulations and Exceptions.

Small portable residential accessory structure. Any portable storage shed, play equipment, or other small structure, in any residential zoning district and up to 120 square feet in total area, that is exempt from Building Permit Requirements and is in compliance with the WMC and California Building Code. These structures shall comply with the setback requirements set forth in Article 2 for the applicable zoning district and/or the requirements outlined in Section 17.400.130, Residential Uses—Accessory Structures.

Utilities. The construction, alteration, or maintenance by a public utility or agency of any underground or overhead utilities shall be permitted in any zoning district. These include water, gas, electric, or telecommunication facilities (excluding wireless communications facilities) or supply or disposal systems including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, utility boxes, traffic signals, and hydrants, but not including any structures.

Terminology. When used in this Title, 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." The words "buildings" and "structures" are referred to as "structures."

Common word use. If not specifically defined herein, or the context otherwise requires, then words of common use shall be defined as found in standard dictionaries.

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 provided in this Title, the number of days shall be construed as calendar days unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a City-recognized holiday, or a day the City is not open for business.

Minimum requirements. When any regulation of this Title is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise, such as for height limits and site coverage requirements for structures and signs, where the numbers and size of signs allowed are maximums, not minimums.

State law requirements. Where this Title references provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code), the reference shall be construed to be the current State law provisions, as amended from time to time.

Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by the scale provided on the zoning map; and

Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining properties on either side of the centerline.

Similar uses allowed. The Director may determine that a proposed use not listed in Article 2 is permitted if all of the following findings are made:

Applicable standards and permit requirements. When the Director determines that a proposed use not listed in Article 2 is equivalent to a listed use of the applicable zoning district, 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 other standards and requirements of this Title are applicable.

Planning Commission determination. The Director may forward questions about equivalent uses directly to the Planning Commission in conformance with Section 17.500.010.

Municipal Code provisions. If conflicts occur between the requirements of this Title and other regulations of the City, then the most restrictive shall govern.

Zoning Code provisions. If conflicts occur between the provisions within this Title, the most restrictive requirement shall govern; except in the case of any conflict between the provisions outlined in Articles 2 and 3, the provisions of Article 2 shall govern.

Development Agreements or Specific Plans. When conflicts occur between the requirements of this Title and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall govern.

Private Agreements. This Title 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 and without affecting the applicability of any agreement or restriction. The City shall not enforce any covenant or agreement unless the City is a party to the covenant or agreement.

Interpretation. In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not the intent of this Title to interfere with, abrogate or annul any easements, covenants, or other agreements between parties; however, the provisions of this Title shall govern where this Title imposes a greater restriction on the use of buildings or premises or on building heights, or requires larger space than is imposed or required by other ordinances, rules, or regulations, or by easements, covenants or agreements. It is also not the intent of this Title to permit or allow any use of buildings or premises that would be in violation of Federal, State, or local law or would be in conflict with the Constitution and laws of California or the United States.

In writing, and shall quote the provision(s) of this Title being interpreted, and explain the meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

Distributed to the Council, Commission, City Manager, City Attorney, City Clerk, and all pertinent staff.