Shafter Zoning Code § 1.80 City to Be Held Harmless

Any person, organization, or entity who obtains or files an application to obtain a permit or approval pursuant to this Title shall hold the City harmless from any liability, including any claims of the applicant arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law.

1.90

DETERMINATION OF SIMILAR USE

1. Application: When a proposed use of property is not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zone district, an application may be submitted to the Planning Department for a land use interpretation to determine whether or not the proposed use is a similar use to those uses permitted or conditionally permitted in the applicable zone district.

2. Basis for Determination of Similar Use: The determination of similar use shall constitute a ministerial action. In making a determination of similar use, the Planning Director, or Planning Commission acting on referral or appeal, shall determine that a proposed use is similar to a use or uses expressly authorized in the applicable zoning district or districts if the proposed use meets the following criteria:

   • a. The use resembles or is of the same basic nature as a use or uses expressly authorized In the applicable zone district in terms of the following:

     • (1) The activities involved in or equipment or materials employed in the use.

     • (2) The effects of the use on the surrounding area, such as traffic impacts, noise, dusty, odors, vibrations, and appearance.

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• b. The use is consistent with the stated purpose of the applicable district.

1.100

GENERAL PLAN

The City shall adopt and maintain a General Plan in accordance with the requirements of California Government Code Section 65000 et. seq. and applicable General Plan Guidelines prepared by the California Office of Planning and Research.

1. Consistency with the General Plan

   • a. No use of land, buildings, or structures for which an application is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan or a concurrent General Plan amendment request. In any case where there is a conflict in regulations between this Title and the General Plan, the General Plan shall prevail.

   • b. All land divisions within the City and changes or amendments to land use classifications, districts or regulations, and conditional use permits, variances, development agreements, site plans, and other permits and approvals shall be consistent with the General Plan and all applicable specific plans.

   • c. A proposed use or approval is consistent with the General Plan when the following conditions exist:

     • The proposed use is allowed in the land use designation in which the use is located, as shown by the Land Use Map, and as described in the text of the General Plan;

• The proposed use is in conformance with the goals, objectives, policies, programs, and guidelines of the elements of the General Plan and the intent thereof; and

  • The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein.

2. Determinations of Consistency with the General Plan

The Planning Director shall have the responsibility to prepare reports and make determinations as to the conformity of applications and requests pursuant to this Title.

3. Administration of the General Plan

The Planning Commission, on recommendation from the Planning Director, shall have the responsibility to investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the General Plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open

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space and natural resources, and for the efficient and effective expenditure of public funds relating to the subjects addressed in the General Plan.