HomeMy WebLinkAboutRES NO 141-06
RESOLUTION NO.
141-08
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-0424, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF WATTS DRIVE AND
COTTONWOOD ROAD.
WHEREAS, Pinnacle Engineering for Donald and Virginia Robson Trust, 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, March 13,
2006, and on Thursday, March 16,2006, on General Plan Amendment No. 05-0424, notice of time and
place for a public 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. 05-0424, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0424:
Pinnacle Engineering, for Donald and Virginia Robson Trust, applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LI
(Light Industrial) to LMR (Low Medium Density Residential) on 55 acres. The project site
is located at the southeast comer of Watts Drive and Cottonwood Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0424 and it
was detennined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration was prepared in accordance with the Califomia Environmental Quality
Act (CEQA); and
WHEREAS, by Resolution No. 55-06 on March 16, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-0424 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 brth 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. 05-0424, 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.
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2. The Council has considered and concurs with the following findings made by the
Planning Commission as setforth in Resolution No. 55-06, adopted on March 16,2006:
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 LI (Light Industrial) to LMR (Low Medium
Density Residential) on 55 acres is compatible with the land use designations of
surrounding properties and is intemally 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 agreed 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.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL 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. 05-0424 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, 05-0424,
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 southeast
corner of Watts Drive and Cottonwood 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
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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. 05-0424, 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 'p'ass~d ar12tJßgopted by the Council of
the City of Bakersfield at a regular meeting thereof held on MAY Z 4 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
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk 0 the
Council of the City of Bakersfield
APPROVED MAY 24 2006
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
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By: I~ Ît2, ..¡JA~tf
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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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. 05-0424
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv Mitiaation Measures:
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
URBEMIS 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:
1. Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
2. Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
3. Encourage ride sharing and use of transit transportation for construction employee
commuting to the project site.
4. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
5. 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.
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:
6. 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.
7. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of
dust emissions using water or chemical stabilizer/suppressant.
8 All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and
demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application of water or by presoaking.
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Exhibit A-1
Coditions of Approval
GPz/ZC 05-0424
Page 2 of 7
9. 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.
10. 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.
11. 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 stabilizer/suppressant.
12. 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.
13 Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
14. 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.
15. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
16. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction
site.
17. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
The following mitigation measures are required to further reduce the potential emissions from the
completed project:
18 Homes shall be designed to exclude fireplaces.
19. Prior to transfer of title the developer shall disclose to the prospective buyer the homes
proximity to existing wastewater treatment facility.
20. To encourage pedestrian traffic, prior to the completion for the construction phase, the
developer shall install sidewalks throughout the project.
Cultural Impact Mitiaation Measures
21. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation.
22. 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 «. 'òM¿;:-o»
appropriate actions necessary for addressing the remains) and the local Native American;: ~
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0424
Page 3 of 7
community shall be notified immediately.
T ransDortationlT raffic
23. 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.
24. Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor include with normal development improvements) as
indicated in Tables 7 of the traffic study (Pinnacle Engineering, June 2005). 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 recommended mitigations for the intersections
are as follows:
· Brundage Lane and Cottonwood Road - Expansion and or re-striping of
the intersection to provide a minimum of one dedicated left turn lane and two
through lanes for each leg. This intersection is currently signalized to include
protected left turn movements. Modification of the signal may be necessary
to accommodate the expansion. The RTIF does not currently fund this
intersection.
· Brundage Lane and Westbound SR-58 On and Off Ramps -Installation
of a traffic signal. The existing lanes are sufficient to yield a satisfactory LOS
under future year scenarios. The RTIF currently funds this intersection.
· Cottonwood Road and Casa Lorna Drive - Installation of a traffic signal
and the expansion of the intersection to provide a minimum of one dedicated
left turn lane for all legs, one dedicated right turn lane for the north and south
legs, two through lanes for the north and south legs, one through lane for the
east and west legs. The calculations indicate a dedicated right turn lane for
the east and west legs are not required. The RTIF currently funds this
intersection.
· Cottonwood Road and Watts Drive - Installation of a signal and the
expansion of the intersection. Expansion of the intersection should provide a
minimum of one dedicated left turn lane, one dedicated right turn lane and
two through lanes for the north and south legs. In addition, the intersection
expansion should provide a minimum of one dedicated left turn lane and one
through/shared right turn lane for the east and west legs. The RTIF does not
currently fund this intersection.
· Cottonwood Road and White Lane - Installation of a signal and
intersection expansion. Expansion of the intersection should provide a
minimum of one dedicated left turn lane for all legs, two through lanes for the
north and south legs, one dedicated right turn lane for the north leg and one
trough/shared right turn lane for the east and west legs. The RTIF currently
funds this intersection.
· Cottonwood and Eastbound SR-58 On and Off Ramps -Installation of a
traffic signal. The existing lanes are sufficient to yield a satisfactory LOS
under future year scenarios. The RTIF currently funds this intersection.
· Ming Avenue and South Union Avenue - Full expansion of intersection to 'òM¿c
provide two dedicated left turn lanes, three through lanes, and one dedicated J 1'<1'
right turn lane for all approaches. This intersection is currently signalized. >- ]i:,
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0424
Page 4 of 7
Expansion of the intersection will require reconstruction of the traffic signal.
The RTIF currently funds modification of the traffic signal.
· Ming Avenue and South "H" Street - Full expansion of intersection to
provide two dedicated left turn lanes, three through lanes, and one dedicated
right turn lane for all approaches. This intersection is currently signalized.
Expansion of the intersection will require reconstruction of the traffic signal.
The RTIF does not currently fund this intersection.
· White Lane and South Union Avenue - Full expansion of intersection to
provide two dedicated left turn lanes, three through lanes, and one dedicated
right turn lane for all approaches. This intersection is currently signalized.
Expansion of the intersection will require reconstruction of the traffic signal.
The RTIF does not currently fund this intersection.
· White Lane and South "H" Street - Full expansion of intersection to
provide two dedicated left turn lanes, three through lanes, and one dedicated
right turn lane for all approaches. This intersection is currently signalized.
Expansion of the intersection will require reconstruction of the traffic signal.
The RTIF does not currently fund this intersection.
· White Lane and SR-99 Northbound On and Off Terminus - Expansion of
Northbound SR-99 off-ramp to provide dual dedicated left turn lanes. The
intersection is currently signalized and is not currently funded by the RTIF.
· White Lane and SR-99 Northbound On and Off Ramps - Expansion of the
intersection to provide three through lanes and one dedicated right turn lane
for the east leg. Expansion should also provide for two dedicated right turn
lanes, two dedicated left turn lanes and one through lane for the Northbound
99 off-ramp termini. The west leg would need no modification. The
intersection may need modification to accommodate the additional lanes,
subject to a design review. The RTIF does not currently fund this
intersection.
· Ming Avenue and Wible Road - Full expansion of the intersection to
provide two dedicated left turn lanes, three through lanes, and one dedicated
right turn lane for all approaches. This intersection is currently signalized.
Expansion of the intersection will require reconstruction of the traffic signal.
The RTIF does not currently fund this intersection.
· Ming Avenue and South Chester Avenue - Full expansion of intersection
to provide two dedicated left turn lanes, three through lanes, and one
dedicated right turn lane for all approaches. This intersection is currently
signalized. Expansion of the intersection will require reconstruction of the
traffic signal. The RTIF does not currently fund this intersection.
· Cottonwood Road and White Lane - Expansion of Cottonwood Road
between Casa Loma Drive and White Lane to provide for two lanes in the
Northbound and Southbound directions. The RTIF does not currently funds
this improvement.
ADDITIONAL CONDITIONS OF APPROVAL:
Plannina Decartment Conditions
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0424
Page 5 of 7
24. Residential Structures shall not be permitted within the 1/4 -mile buffer area for Wastewater
Treatment Plant NO.2 as depicted on attached Figure 1. For public health, safety and
welfare.
Residentialllndustrial Interface:
25 An 8-foot tall masonry wall (measured from the finished grade of the abutting residential
lots) shall be constructed along all residential property lines which abuts industrially
zoned property. These walls shall be included on all applicable subdivision maps for the
GPAlZC area and shall be constructed prior to the recordation of each affected phase.
This wall shall not interfere with any easements and shall not have any gaps or openings.
If there are no industrially zoned properties contiguous to the GPAlZC area at the time of
tentative map approval, this condition shall not be in force. For public health, safety and
welfare.
26. The minimum depth for a lot with a rear yard abutting industrially zoned property shall be
140 feet. If there are no industrially zoned properties contiguous to the GPAlZC area at
the time of tentative map approval, this condition shall not be in force. For public health,
safety and welfare.
27. The minimum width for a lot with a side yard abutting industrially zoned property shall be
140 feet. If there are no industrially zoned properties contiguous to the GPAlZC area at
the time of tentative map approval, this condition shall not be in force. For public health,
safety and welfare.
28. With the recordation of final subdivision maps within the GPAlZC area, notices shall be
recorded for all residential lots disclosing their proximity to industrially zoned properties
and specifying the uses permitted and conditionally permitted within the industrial zone(s)
contiguous to the GPAlZC area. If there are no industrially zoned properties contiguous
to the GPAlZC area at the time of final map recordation, this condition shall not be in
force. For public health, safety and welfare.
Public Works Conditions:
29. Along with submittal of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for Cottonwood Road and Watts Drive to
arteriallcollector 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.
b. This GPAlZC area is too small to support it's own storm drainage sump. The City will
allow no more than one sump per 80 acres; therefore, this GPAlZC area must be
included within the drainage area of adjoining property. The developer shall participate in
the development of a Planned Drainage Area and provide a drainage study for the
GPAlZC area, showing it's proportionate share of the necessary ultimate stornn drainage
facilities. Formation of a Planned Drainage Area will not be required if the following 'òM~
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0424
Page 6 of 7
1) The developer enters into an agreement with the adjoining property owner/owners to
construct and utilize a common sump such that the City's policy of one sump per 80
acres is achieved. Said agreement will be reviewed and approved by the City, bu the
City shall not be a party to the agreement.
2) The developer prepares a Master Drainage Study including all the area covered by
the City Engineer. Said Master Study shall include a plan for the phasing of the
construction of the sump.
c. Sewer service must be provided to the GPAJZC 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.
d. 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.
30. 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.
31. Payment of median fees for the arterial frontage of the property within the GPAJZC request is
required prior to recordation of any map or approval of any improvement plan for the
GPAJZC area.
32. With the development of the GPAJZC area, construct full improvements on both Cottonwood
Road and Watts Drive to the road centerline, including pavement, curb, gutter, sidewalk,
interconnect conduit and conduit for the future traffic signal. 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.
Southern California Edison:
33. In the event that the development requires relocation of facilities, on the subject property,
which facilities exist by right of easement or otherwise, the owner/developer will be required
to bear the cost of such relocation and provide Edison with suitable replacement rights. Such
costs and replacement rights are required prior to the performance of the relocation.
Department of Conservation Condition:
34. The proposed project is located beyond the administrative boundaries of any oil or gas field. 'òAK~
There are no oil, gas, or injection wells within the boundaries of the project site. ~ 1'<J1
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0424
Page 7 of 7
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.
Citv Attornev
35. 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 B
General Plan Amendment Map
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Land Use Desi nations
RR Rural Residential LI Light Industrial
2,5 gross acres/dwelling unit
51 Service Industrial
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
SR Suburban Residential -----
S 4 dwelling units/net acre
P Public Facilities
SRI LR Cou nty: S 4 dwelling units/net acre
City: S 7.26 dwelling units/net acre PS public/Private Schools
LR Low Density Residential PT Public Transportation Corridors
S 7,26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but S 10 dwelling units/net acre OS Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units but s; 17.42 dwelling units/net acre
05-5 Slopes exceeding 30%
HR High Density Residential
> 17.42 units but s; 72.6 dwelling unitslnet acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
- - - --
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
Freeways provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
EXDressways 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 prirnarily by through traffic with a minimal function to provide access to abutting
property.
Collectors function to connect locai streets with arterials and to provide access to abutting property,
Locals are exclusively for property access and through traffic is discouraged.
METROPOLITAN BAKERSFIELD GENERAL PLAN
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