HomeMy WebLinkAboutRES NO 140-06
RESOLUTION NO. 1 4 0 - 0 6
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION ND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1452, AN AMENDMENT TO THE LAND USE ELEMNT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
TAFT HIGHWAY AND GOSFORD ROAD.
WHEREAS, SmithTech/USA Inc., for OMAX, LLC, 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, April 3,
2006, and on Thursday, April 6, 2006, on General Plan Amendment No. 05-1452, 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. 05-1452, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1452:
SmithTech/USA Inc., for OMAX, LLC 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 70 acres and R-IA to GC
(General Commercial) on 10 acres located at the northwest corner of Taft Highway
and Gosford Road; and
WHEREAS, for the above-described project, an Initial Study was conducted for General Plan
Amendment No. 05-1452 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
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2. Availabilitv of irrieation water
Finding - The site is currently being farmed. Irrigation water remains available.
3. Proximitv to non-aericultural uses
Finding - There are proposed subdivision tracts lying within Y:z mile from the
proposed project site to the north.
4. Proximitv 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, Le"
Gosford Road and Taft Highway. Municipal sewer and water service is expected to
be taken from Gosford Road. City sewer service is to be required as a condition of
this development.
7. Abilitv to affect the application of aericultural chemicals on nearbv aaricultural
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-seltine situation that leads to the premature conversion
of prime aariculturallands
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 of the project boundary represents a low-density
residential development. The proposed project is consistent with this use.
WHEREAS, by Resolution No. 77-06 on April 6, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1452 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,
May 24, 2006, on General Plan Amendment No. 05-1452, notice of time 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. 77-06, adopted on April 6, 2006:
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 70 acres and R-IA to GC
(General Commercial) on 10 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
1. 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. 05-1452 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. 05-
1452 constituting changes as shown on the map marked Exhibit "B", attached hereto
and incorporated as though fully set forth, for property generally located at the
northwest corner of Taft Highway and Gosford 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. 05-1452, 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 and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on MAY 2 4 200S by the
following vote:
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NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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COUCH, CARSON. BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Ottic Clerk of the
Council of the City of Bakersfield
APPROVED MAY 2 4 200S
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HAR~E L. ALL
MAYOR of the City of Bakersfield
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APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~7h. ~
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:IGPA 1st 2006\05-1452\Resolution1CC Resolution GPA 05-1452.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 05-1452
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv Mitiaation Measures
1. To ensure that project emissions are minimized, the applicant is proposing a number of mitigation
measures. The following measures have either been applied to the project through the latest
URBMMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) rules. The applicant/developer of the project site shall submit
documentation to the Planning Department prior to development that they will/have met the
following air quality mitigation measures:
The following mitigation measures shall be utilized 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 oftime to reduce emissions associated
with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee commuting to the
project sites.
· Use electrical 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.
· All disturbed areas, including storage piles, which are not being actively uti81ized 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 onsite unpaved roads and offsite 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 & fill, and demolition
activities shall be effectively controlled offugitive dust emissions utilizing application of water or by
presoaking.
· When materials are transported off site, all material 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.) IlK
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Exhibit A-1
GPAlZC 05-1452
Conditions of Approval
· Following the addition of materials to, or the removal of materials from, the surface of outdoor
storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient
water or chemical stabilizer/suppressant.
· Within urban areas, trackout 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 the SJVAPCD Regulation VIII.
· To encourage pedestrian traffic, prior to the completion of the construction phase, the developer
shall install sidewalks throughout the project.
CulturallmDact Mitiaation Measures
2. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant
cultural resource impacts.
3. 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 (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. Mitigation for potentially significant cultural resource impacts.
Traffic Mitiaation Measures
4. In order to maintain or improve the operational level of Service of the street system in the vicinity of
the project, the following intersection and roadway improvements are required by the year 2025.
The table includes the project's percent share for the cost of improvements.
Green Rd &
Panama Lane
Reliance Dr &
Panama Lane
Ashe Rd & Panama Ln
Install Signal - 1 EBL, 1 EBT, 1
WBL, 1 NBL, 1 SBL
Install Signal - 1 EBT, 1 WBL, 1
NBL, 1 SBL
Install Signal - 2 EBT, 1 WBL, 1
WBR, 2 NBL, 1 NBT, 1 SBL, 1
SBT
1 NBL, 1 SBL
1 NBL, 1 SBL
2.15%
3.14%
1 EST, 1 SBL*, 1 SBT*
2.97%
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Exhibit A-1
GPAlZC 05-1452
Conditions of Approval
Golden Gate Dr & Taft
H
. - Striping only #
Intersection is currently offset,
realign north approach to meet
south.
NB = Northbound SB
Southbound WB
Westbound EB
Eastbound
L = Left turn lane T
Through lane R = Right
turn lane
Install Signal - 1 EBL, 1 SBR Install Signal- 1 SBR 3.69%
Install Signal - 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 4.11%
NBL,1 SBL
Install Si nal -1 EBR, 1 NBL 1 EBR 29.1%
Install Signal - 1 EBT, 1 WBT, 1 1 EBT 4.16%
NBL, 1 SBL
Install Si nal- 1 EBL, 1 SBL 1 SBL 5.92%
Install Signal- 1 EBL, 1 EBT, 1 2 NBL 11.92%
WBT, 2 NBL, 2 SBL#, 1 SBT#
Install Signal 1 EBT, 1 WBT, 1 1 NBL 20.98%
NBL, 1 SBL
Install Signal - 1 EBL, 1 WBL, 1 1 NBL 9.34%
WBR, 1 NBL, 1 SBL
Install Signal - 1 EBL, 1 SBL 1 SBL 7.35%
Reliance Dr &
McCutchen Rd
Old River Rd & McKee Rd
Gosford Rd & McKee Rd
Buena Vista Rd &
TaftH
Green Rd & Taft H
Old River Rd & Taft Hwy
Gosford Rd & Taft Hwy
Ashe Rd & Taft Hwy
Mitigation for significant traffic impacts.
Citv Attornev
5. 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 preceding, 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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Exhibit A-1
GPNZC 05-1452
Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
6. Along with submittal of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
1. Provide fully executed dedication for Gosford Road to arterial standard and Taft Highway as a
State Highway 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 GPNZC area is submitted, dedication can be provided with the
map. Dedications are to include that parcel in the northeast corner ofTaft Highway and Progress
Road. 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.
2. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No
more than 1 sump may be utilized to serve this area; the sumps should be located so that they
may be available to serve both areas as they develop. The study shall be approved and any
required retention site and necessary easements dedicated to the City. The drainage study is to
include the parcel in the northeast corner of Taft Highway and Progress Road and a means to
convey drainage to the sump.
3. Sewer service must be provided to the GPNZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is willing to aid the developer in
the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism
for the reimbursement of oversizing costs to the developer.
4. 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 drain 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 drain system with the least
maintenance cost. For orderly development.
7.
a.
Improvements and access to Taft Highway are to be to Caltrans standards. Improvements
are to be constructed along the frontage of the parcel in the northeast corner of Taft
Highway and Progress Road. The Taft Highway frontage shall be constructed in no more
than two pieces. For orderly development.
b. Improvements of Taft Highway in front of the commercial property shall take place with the
first developmentltract phase that has frontage on Taft Highway, within one-quarter mile of
Gosford Road. Improvement of Gosford Road in front of the commercial property shall take
place with the first development/tract phase that has frontage on Gosford Road. Fororderly
development.
8.
The entire area covered by this General Plan Amendment shall be included in the Consolidat~t>.k
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Mainten~e ('1'<1'
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Exhibit A-1
GPAlZC 05-1452
Conditions of Approval
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. For orderly development.
9. Access to the arterial streets will be limited and determined at time of division or development.
Determination of whether a right turn lane is required at the access street(s) will also be made at the
time of division or development. A full access opening will only be considered if the developer funds
and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal
synchronization study is submitted and approved, which shows progression is not adversely affected.
For orderly development.
10. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required
prior to recordation of any map or approval of any improvement plan for the GPAlZC area.
11. The Taft Highway at grade crossing of the Sunset Railroad needs widening. Developer shall pay their
proportionate share of the cost. For orderly development.
12. Local Mitiaation
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
Table 7 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. The estimate shall break out
the single family and multi-family residential components in separate per unit fees. Proportionate
shares from the study as follows:
1. Green Rd & Panama Ln, Add 1 NBL, 1 SBL, 2.15% share
2. Reliance Dr & Panama Ln, Add 1 NBL, 1 SBL, 3.14% share
3. Ashe Rd & Panama Ln, Add 1 EBT, 1 SBL', 1 SBT', 2.97% share
4. Reliance Dr & McCutchen Rd, Install signal, add 1 SBR, 3.69% share
5 Old River Rd & McKee Rd, Add 1 EBL, 1 WBL, 4.11% share
6. Gosford Rd & McKee Rd, Add 1 EBR, 29.1 % share
7. Buena Vista Rd & Taft Hwy (SR 119), Add 1 EBT, 4.16% share
8. Green Rd & Taft Hwy (SR 119), Add 1 SBL, 5.92% share
9. Old River Rd & Taft Hwy (SR 119), Add 2 NBL, 11.92% share
10. Gosford Rd & Taft Hwy (SR 119), Add 1 NBL, 20.98% share
11. Ashe Rd & Taft Hwy (SR 119), Add 1 NBL, 9.34% share
12. Golden Gate Dr & Taft hwy (SR 119), Add 1 SBL, 7.35% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
, Striping only
For orderly development.
Reaional TransDortation ImDact Fee
Pay the standard residential and commercial fees, as adopted at time of development.
For orderly development.
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Exhibit B
General Plan Amendment Map
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METROPOLITAN BAKERSFIELD GENERAL PLAN
land Use Desi nations
·
RR
Rural Residential
2,5 gross acres/dwelling unit
ER
Estate Residential
1 dwelling unit/net acre
Suburban Residential
:S 4 dwelling units/net acre
SR
SRI LR County: :S 4 dwelling units/net acre
City: :S 7,26 dwelling units/net acre
LR Low Density Residential
:S 7,26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 units but :S 10 dwelling unitslnet acre
HMR High Medium Density Residential
> 7.26 units but :S 17.42 dwelling units/net acre
HR High Density Residential
> 17.42 units but:S 72.6 dwelling unitslnet acre
· -----
HC Highway Commercial
GC General Commercial
MC Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
Light Industrial
51 Service Industrial
LI
HI
Heavy Industrial
-----
P Public Facilities
PS PubliC/Private Schools
PT Public Transportation Corridors
P-SW Solid Waste Facilities
OS Open Space
OS-P Parks and Recreation
OS-S Slopes exceeding 30%
R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
R-EA Resource - Extensive Agriculture
20 acre minimum parcel size
80 acre min (Williamson Act)
R-MP Resource - Minerals & Petroleum
5 acre minimum parcel size
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections,
Expresswavs 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,
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