HomeMy WebLinkAboutRES NO 028-06
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RESOLUTION NO.
028; 0"6
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION ND APPROVING GENERAL PLAN AMENDMENT
NO. 04-1344, AN AMENDMENT TO THE LAND USE ELEMNT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LCOATED EAST OF ASHE ROAD AND NORTH OF
MC CUTCHEN ROAD.
WHEREAS, Maurice Etchechury, for Old River Land Company, filed an application
requesting a General Plan Amendment, change of zoning of that certain property within the City of
Bakersfield as hereinafter described; and
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government code, held a public hearing on Monday, November
28,2005, and on Thursday, December 1,2005, on General Plan Amendment No. 04-1344, notice of
the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No, 04-1344, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 04-1344:
Maurice Etchechury for Old River Land Company applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from
R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on
approximately 85.60 acres located east of Ashe Road and north of McCutchen
Road: and
WHEREAS, for the above-described project, an Initial Study was conducted for General Plan
Amendment No. 04-1344 and it was determined that the proposed project would not have a
significant effect on the environment; therefore, a Negative Declaration was prepared in accordance
with the California Environmental Quality Act (CEQA); and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the
Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors
when considering projects that propose to convert designated agricultural land to non-agricultural
uses; and
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan and found the following:
1. Soil Qualitv
Finding - The soil type of the project site (Kimberlina, 0-2 percent slopes and
Panoche clay loam, 0-2 percent slopes) are some of the most common soils within
the Valley Floor of Kern County. The soil type is not unique or found only on the
project site. Therefore, the conversion of the project site to urbanization is
appropriate for the area.
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2. Availabilitv of irrioation water
Finding - The site is currently being farmed, Irrigation water remains available.
3. Proximitv to non-aoricultural uses
Finding - There are several existing and proposed subdivision tracts lying within Yo
mile from the proposed project site to the north, west, east, and south.
4. Proximity to intensive parcelization
Finding - The areas surrounding the site, specifically to the north, east, and south
are planned for residential development. Therefore, the conversion of the project
site to urbanization is appropriate for the area.
5, Effect on properties subiect to "Williamson Act" land use contracts
Finding - No parcels within the project site are currently under a Williamson Land
Use Contract.
6. Abilitv to be provided with urban services (sewer. water, roads, etc.)
Finding - The site is accessible by existing City and County maintained road, i.e.,
Ashe Road. Municipal sewer and water service is expected to be taken from
McCutchen Road and Ashe Road, City sewer service is to be required as a
condition of this development.
7. Abilitv to affect the application of aoricultural chemicals on nearbv aoricultural
properties
Finding - Changes to methods of agricultural chemicals applied to adjacent lands
that would occur as a result of implementation of this project are not expected due to
the proximity of existing and proposed residential development.
8, Abilitv to create a precedent-settino situation that leads to the premature conversion
of prime aoriculturallands
Finding - The property is currently zoned for agriculture and is designated for
agricultural use. Parcels in all directions are currently being developed or are
planned for development.
9. Demonstrated proiect need
Finding - The project is in accord with adjacent residential development and in the
area, and is necessary to provide for housing to offset the deficiency in urban
housing demand.
10. Necessitv of buffers such as lower densities, setbacks, etc
Finding -The project site is located adjacent to agricultural and residential land. The
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proposed development to the north, east, and south of the project boundary
represents a low-density residential development. The proposed project is
consistent with this use.
WHEREAS, by Resolution No. 185-05 on December 1, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-1344 subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the
findings made by the Planning Commission as set forth in that Resolution and as restated herein;
and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY,
February 8, 2006, on General Plan Amendment No. 04-1344, notice oftime and place of the hearing
having been given at least ten (10) calendar days before the hearing by publication in The
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 185-05, adopted on December
1, 2005:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration was prepared for the project in
accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan.
e. The land use designation change from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 85,60 acres is compatible
with the land use designations of surrounding properties and is internally
consistent with the Metropolitan Bakersfield General Plan.
f. The laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA, the State CEQA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures have been
duly followed by city staff and the Planning Commission.
3. That the applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission of the City
of Bakersfield as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 04-1344 is hereby
approved and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 04-
1344, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located east
of Ashe Road and north of McCutchen Road, subject to "Mitigation/Conditions of
Approval" listed in Exhibit "A."
5. Based on the absence of evidence in the record as required by Section 21082,2 of
the State of California Public Resources Code (CEQA) for the purposes of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with regard to
wildlife resources and, therefore must be granted a "de minimis" exemption in
accordance with Section 711 of the State of California Fish and Game Code.
Additionally the assumption of adverse effect is rebutted by the above-referenced
absence of evidence in the record and the lead agency's decision to prepare a
Negative Declaration for this project.
6. That General Plan Amendment No. 04-1344, approved herein, be combined with
other approved General Plan Amendment cases in this same cycle described in
separate resolutions, to form a single Amendment to the Metropolitan Bakersfield
General Plan.
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I HEREBY CERTIFY that the foregoing Resolution was passed ancladopted by the Council
of the City of Bakersfield at a regular meeting thereof held on FEB 8 2006 by the
following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~DA l1.mrrA~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
FEB 8 2006
HARVEY L. ALL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: /~)Jh ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:IGPA 4th 2005104-1344\ResolutionsICC Resolution GPA 04.1344.doc
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Exhibit A
Mitigation/Conditions of Approval
EXHIBIT A
Mitigation/Conditions of Approval
General Plan AmendmentlZone Change No. 04-1344
MITIGATION MEASURES CONTAINED IN NEGATIVE DECLARATION:
Air Quality
1. The applicanUdeveloper of the project site shall submit documentation to
the Planning Department prior to issuance of any building permit that they
will/have met the following air quality mitigation measures during the
construction phase of the project to reduce construction exhaust
emissions:
· Properly and routinely maintain all construction equipment, as recommended
by manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction
employee commuting to the project site.
· Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations;
this may include ceasing of construction activity during the peak-hour of
vehicular traffic on adjacent roadways,
2. Construction of the project requires the implementation of control measures set
forth under Regulation VIII, Fugitive PM,o Prohibitions of the San Joaquin Valley
Air Pollution Control District. The following mitigation measures, in addition to
those required under Regulation VIII can reduce fugitive dust emissions
associated with this project:
· All disturbed areas, including storage piles, which are not being actively
utilized for construction purposes, shall be effectively stabilized of dust
emissions using water, chemical stabilizer/suppressant, covered with a tarp
or other suitable cover or vegetative ground cover.
· All on-site unpaved roads and off-site unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut
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Exhibit A-1
Coditions of Approval
GPz/ZC 05-1344
Page 2 of 7
and fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
· When materials are transported off-site, all materials shall be covered, or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or
dirt from adjacent public streets at the end of each workday, (The use of dry
rotary brushes is expressly prohibited except where preceded or
accompanied by sufficient wetting to limit the visible dust emissions. Use of
blower devices is expressly forbidden.)
· Following the addition of materials to, or the removal of arterials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabi lizer/su ppressant.
· Within urban areas, track out shall be immediately removed when it extends
50 or more feet from the site and at the end of each workday,
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District Rule 4641 and restrict the use of cutback, slow-cure, and
emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at
the construction site.
· Implementation of carryoutltrackout mitigation measures, such as gravel
pads, in accordance with the requirements of SJVAPCD Regulation VIII.
Cultural Impact Mitioation Measures
3. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation,
4. If human remains are discovered during grading or construction activities, work
would cease pursuant to Section 7050.5 of the California Health and Safety
Code. If human remains are identified on the site at any time, work shall stop at
the location of the find and the Kern County Coroner shall be notified immediately
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 3 of 7
(Section 7050.5 of the California Health and Safety Code and Section 5097.98 of
the California Public Resources Code which details the appropriate actions
necessary for addressing the remains) and the local Native American community
shall be notified immediately.
Traffic Impact Mitioation Measures
5. Prior to the issuance of any building permit, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department.
6. Prior to issuance of the first building permit within the project site, the developer
shall pay the proportionate share contributions for the intersection improvements
not covered by the RTIF as identified in the project traffic study (Ruettgers &
Schuler Civil Engineers, June 2005) and contained in the following table:
Future Intersection ImDrovements and Local Mitiaation
Local Mitigation Project
# Intersection Total Improvements (Improvements Share for
Required by 2025 not covered by Local
RTIFI MitiQation
Gosford Rd & Panama 2 EBL, 2 EBT, 2 WBL, 2
1 Ln WBT, 2 NBL, 2 NBT, 1 - -
SBL, 1 SBT
2 Reliance Dr & Panama Install Signal- 1 EBT, 1 1 NBL, 1 SBL 3.00%
Ln WBL, 1 NBL, 1 SBL
Ashe Rd & Panama Ln Install Signal - 2 EBT, 2
3 NBL, 1 NBT, 1 SBL, 1 - -
SBT
4 Golden Gate Dr & Install Signal - 1 NBL, 1 NBL 3.65%
Panama Ln 1SBL
5 Stine Rd & Panama Ln 1 NBT
6 Ashe Rd & Berkshire Install Signal - 1 EBL, 1 1 EBL, 1 WBL 14.04%
Rd WBL, 1 NBL, 1 SBL
8 Ashe Rd & McCutchen Install Signal - 1 EBL, 1
Rd WBL, 1 NBL, 1 SBL - -
9 Golden Gate Dr & Install Signal- 1 EBL, 1 1 NBL 4.93%
McCutchen Rd WBL, 1 NBL, 1 SBL
Stine Rd & McCutchen Install Signal - 1 EBL, 1
10 Rd EBT, 1 WBL, 1 WBT, 1 - -
NBL, 1 SBL
Notes: NB=Northbound WB=Westbound L=Left Turn Lane
SB;Southbound EB;Eastbound T;Through Lane
R;Rioht Turn Lane
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 4 of 7
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
7. Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
· Provide fully executed dedication for Ashe Road and McCutchen Road to
arterial standards and Berkshire Road and Mountain Ridge Drive to
collector standards for the full frontage of the area within the GPA
request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents. If
a tentative subdivision map over the entire GPAlZC area is submitted,
dedication can be provided with the map.
· Submit a comprehensive drainage study to be reviewed and approved by
the City Engineer. This drainage study must include the 20 acre +/- at the
southwest corner of Berkshire Road and Mountain Ridge Drive. Only one
sump per 80 acres will be allowed. The study shall be approved and any
required retention site and necessary easements dedicated to the City.
· In order to preserve the permeability of the sump and to prevent the
introduction of sediments from construction or from storm events, all
retention and detention basins (sumps) shall have a mechanical device in
the storm system to remove or minimize the introduction of oil, grease,
trash, and sediments to the sump. This device shall be reviewed and
approved by the City Engineer, and shall provide the greatest benefit to
the storm system with the least maintenance cost.
· Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through
development under the new land use and zoning.
8. Development of this GPAlZC area will require the improvement of both Berkshire
Road and Mountain Ridge Drive along the frontage of the 20 acre +/- piece at the
southwest corner of Berkshire Road and Mountain Ridge Drive. The timing of
this improvement can be addressed when a tentative map is submitted.
9. The design for any development within the GPAlZC area shall accommodate at
least two points of local street access to the 20 acre +/- parcel at the southwest
corner of Berkshire Road and Mountain Ridge Drive in locations to be approved
by the City Engineer. If, by the time of the development of the parcel, sufficient
evidence is presented indicating that either one or both access points will not be
needed by the adjacent parcel, then the City Engineer may modify or waive this
requirement.
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 5 of 7
10. Payment of median fees for the arterial frontage of the property within the
GPAlZC request. These fees shall be paid prior to recordation of any map or
approval of any improvement plan for the GPAlZC area.
· The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidate Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area.
· Access must be provided to the project area from Berkshire Road, With the
development of the project area, Berkshire Road must be extended from Ashe
Road to the southeast corner of the project area, The required improvements
shall be 32 feet of paving meeting City design standards for an arterial road, with
8' graded shoulders. If it becomes necessary to obtain any off site right of way
and if the developer is unable to obtain the required right of way, then he shall
pay to the City the up-front costs for eminent domain proceedings and enter into
an agreement and post security for the purchase and improvement of said right
of way.
· Based upon the City's review of the traffic study prepared by Ruettgers-Schuler
Civil Engineers for a 400 unit single family development the following mitigation
measures are placed upon this project:
a. Local Mitigation
I. Pay the proportionate share of the following mitigation measures
(not paid for by the Regional Transportation Impact Fee nor
included with normal development improvements) as indicated in
Tables 7 & 8 of the traffic study. An estimate and fee schedule
should be developed by the applicant and approved prior to
recordation of a map or issuance of a building permit. Proportionate
shares from the study are as follows:
· Reliance Dr & Panama Ln, Add north and south bound left turn
lanes, 3,00% share
. Golden Gate Rd & Panama Ln, Add north bound left turn lane,
3.65% share
· Ashe Berkshire Rd, Add east and west bound left turn lanes,
14.04% share
· Golden Gate Rd & McCutchen Rd, Add north bound left turn
lane, 4,93% share
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 6 of 7
ii. The project site has limited frontage along the arterials Ashe Rd
and McCutchen Rd, Based upon the site configuration we
recommend the site be developed with primary access from the
collectors Berkshire Rd and Golden Gate Dr. and minimal or no
access from the arterial streets,
b. Regional Transportation Impact Fee: Pay the standard fixed rate
residential fees as adopted at time of development.
Fire Safetv Division:
11. Pipeline Easements.
c. Concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, subdivider shall show the easements
on the final map with a notation that structures including accessory
buildings and swimming pools, are prohibited within the easements
and record a corresponding covenant.
d. Prior to or concurrently with recordation of any phase that includes the
pipeline easements of portions thereof, subdivider shall show on the
final map that no habitable portion of a structure may be built within 50
feet of a gas main, or transmission line, or refined liquid product line
with 36 inches of cover, and record a corresponding covenant.
e. No structure may be within 40 feet of a hazardous liquids pipeline
bearing refined product, within 48 inches of more of cover. If a
pipeline meets this criteria, the 40 foot setback line shall be shown in
the final map and a corresponding covenant shall be recorded prior to
or concurrently with recordation of any phase that is affected,
f. Prior to or concurrently with recordation of any phase within 250 feet
of pipeline easements, subdivider shall record a covenant disclosing
the location of pipelines on all lots of this subdivision within 250 feet of
the pipelines.
Residentialllndustriallnterface:
12. An eight-foot masonry wall shall be constructed along the project site boundary
adjacent to both Ashe Road and McCutchen Road. These walls shall be
included on all applicable subdivision maps and shall be constructed prior to the
recordation of each affected phase. All barriers shall be set back 60 feet from
the centerline of the roadways and not interfere with easements.
Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 7 of 7
Department of Conservation Condition:
13. The proposed project is located beyond the administrative boundaries of any oil
or gas field. There are no oil, gas, or injection wells within the boundaries of the
project site. Regardless, if excavation or grading operations uncover a
previously unrecorded well, the Division district office in Bakersfield shall be
notified as such wells may require remedial operations. It will be the
responsibility of the developer to notify such Division and bear all costs
associated with remediation.
City Attornev
14. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield,
its officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or
not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are
issued.
The City will promptly notify Applicant of any such claim, action or proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and the
City is not obligated to use any law firm or attorney chosen by another entity or
party.
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S:\GPA 4th 2005\04-1344\Staff ReportslEXHIBIT A.doc
Exhibit B
General Plan Amendment Map
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METROPOLITAN BAKERSFIELD GENERAL PLAN
Land Use Desianations
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
SI Service Industrial ,
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
SR Suburban Residential w _ _ __
" 4 dwelling units/net acre
P Public Facilities
SRI LR County: " 4 dwelling units/net acre
City: " 7.26 dwelling units/net acre PS Public/Private Schools
LR Low Density Residential PT Public Transportation Corridors
" 7.26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but" 10 dwelling units/net acre OS Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units but" 17.42 dwelling units/net acre
OS-S Slopes exceeding 30%
HR High Density Residential
> 17.42 units but" 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
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R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
80 acre min (Williamson Act)
GC General Commercial
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide access to abutting
property.
Collectors
function to connect local streets with arterials and to provide access to abutting property.
Locals
are exclusively for property access and through traffic is discouraged.
S:\Formslzone-gp.doc