HomeMy WebLinkAboutRES NO 151-06
RESOLUTION NO. 1 5 1 - 0 6
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1257, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED ON THE NORTH SIDE OF PENSINGER
ROAD AND EAST OF SOUTH ALLEN ROAD.
WHEREAS, Marino/Associates, for Harold Johnson, Patricia Schreiver, Michael Lorenzi and
Susan Piper by Ted Piper, filed an application requesting a General Plan Amendment, change the
land use designations 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. 05-1257, notice ofthe
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 Amendment No. 05-1257, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1257:
Marino/Associates for Harold Johnsen, Patricia Schreiver, Michael Lorenzi, and Susan Piper
by Ted Piper applied to amend the Land Use Element of the Metropolitan Bakersfie/d
General Plan consisting of a change from R-IA (Resource-Intensive Agriculture) to LR (Low
Density Residential) on approximately 80 acres located on the north side of Pensinger Road
and east of South Allen Road; and
WHEREAS, for the above-described project, an Initial Study was conducted for General Plan
Amendment No. 05-1257 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 Agriculture Element of the
Metropolitan Bakersfield General Plan required 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 finds the following:
1) Soil Qualitv
Finding - According to the U.S.DA Soil Conservation Service's Soil Survey of Kern County,
Califomia, Northwest Part (1988), the project site consists entirely of Kimberlina Sand Loam
(174), which meets the requirements for prime farmland if water for irrigation is available. As
of December 31, 2004, there were approximately 1.67 million acres under Williamson Act
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and Farmland Security Zone contracts in Kern County (Colleen Gallo, Kern County Planning
Department, personal communication August 24, 2005). The loss of less than 25 acres is
not considered a significant change to this resource as it represents only 0.006% ofthe total
amount of land under Williamson Act and Farmland Security Zone contracts in Kem County.
2) Availabilitv of Irriaation Water
Finding - The site is currently being farmed. Irrigation water remains available. Based on
figures from the Kern County Water Supply Agency's 1999 Water Supply Report published
in May 2003, the current agricultural water use for agricultural crops, in rotation, on the
project's land is approximately 258 acre-feet per annum. Additionally, groundwater quality
will not negatively impact agricultural production.
3) Proximitv to Non-Aaricultural Uses
Finding - There are existing and proposed subdivision tracts lying Y. mile from the proposed
project to the south,east, and southeast.
4) Proximitv to Intensive Parcelization
Finding - Intensive parcelization has recently begun in the general area of this site.
Additionally, the properties to the west of the project site are designated for General
Commercial uses.
5) Effect on ProDerties Subiect to "Williamson Act" Land Use Contracts
Finding - The project does not pose a significant effect on "Williamson Act"lands in the Zone
of Influence.
6) Abilitv to be Provided with Urban Services (Sewer. Water. Roads. etc.)
Finding - The site is accessible by existing City, County, and State maintained roads, i.e.,
Pensinger Road and South Allen Road. Development in the area indicates the most likely
direction municipal water will be brought to the project site is via South Allen Road. City
sewer service is to be required as a condition of this development.
7) Abilitv to Affect the ADDlication of Aaricultural Chemicals on Nearbv Aaricultural ProDerties
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, however,
implementation of the surrounding project could affect applications.
8) Abilitv to Create a Precedent-Seltina Situation that Leads to the Premature Conversion of
Prime Aaricultural Lands
Finding - This property is currently designated for intensive agricultural land use. Parcels to
the south, east, and southeast of the site are currently being developed or are planned for
development.
9) Demonstrated Proiect Need
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Finding - The project is in accordance with the General Plan's Housing Element, and is
necessary to provide for housing to offset the deficiency in urban housing demand.
10) Necessitv of Buffers Such as lower Densitv. Setbacks. Etc.
Finding - The proposed project is located proximate to residential land use and is consistent
with this use.
WHEREAS, by Resolution No. 58-06 on March 16, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1257 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;
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. 05-1257, 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. 58-06, 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 R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 80 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 agreed to comply with all adopted
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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. 05-1257 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 ofthe Planning Commission to the City
Council, is hereby received, accepted and approved.
B. The City Council hereby approves and adopts General Plan Amendment No. 05-
1257, 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
northeast corner of South Allen Road and Pensinger Road, subject to
"Mitigation/Conditions of Approval" listed in Exhibit "A".
C. Based on the absence of evidence in the record as required by Section 21082.2 of
the State of California Public Resources Code (CECA) 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.
4) That General Plan Amendment No. 05-1257, 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 adQptedJ¡y,lhe Council
of the City of Bakersfield at a regular meeting thereof held on MAY ;:: 4 ,UOb by the
following vote:
~~ COUNCILMEMBER CóCCH, CARSON, BENHAM, MAGGARD. HANSON, SUL~AN. SCRIVNER
NO: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle k of the
Council of the City of Bakersfield
APPROVED MAY 2 4 2000
- HARltlftAl
MAYOR of the City of Bakersfield
....
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS:S:\GPA 1st 2006105-1257\ResolutionICC Resolubon GPA 05_1257.doc
Page 5 of 5
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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. 05-1257
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality 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. Construction equipment exhaust emissions shall not exceed SJVAPCD Rule 4101 Visible
Emission limitations.
2. Unpaved areas subject to vehicle traffic shall be watered twice daily or more frequently as
needed.
3. The speed of any vehicles and equipment traveling across unpaved areas shall be no more
than 15 miles per hour.
4. Storage piles and disturbed areas not subject to vehicular traffic shall be stabilized by being
kept wet, treated with a chemical dust suppressant, or covered when material is not being
added to or removed from the pile.
5. Prior to any ground disturbance, including grading, excavating, and land clearing, sufficient
water shall be applied to the area to be disturbed to prevent emissions of fugitive dust from
being airborne beyond the property line from which the emission originates.
6. To prevent track-out, wheel washers shall be installed where project vehicles and/or
equipment exit onto paved streets from unpaved roads. Alternatively, a gravel bed may be
installed as appropriate at vehicle/equipment site exit points to effectively remove soil
buildup on tires and tracks to prevent/diminish track-out.
7. Suspend all grading operations when fugitive dusts exceed SJVAPCD Regulation VIII
Fugitive Dust limitations.
8. No trucks are allowed to transport excavated material off-site unless the trucks are
maintained such that no spillage can occur from holes or other openings in cargo
compartments, and loads are either: covered with tarps; or wetted and loaded such that the
material does not touch the front, back, or sides of the cargo compartment at any point less
than six inches from the top and that no point of the load extends above the top of the cargo
compartment.
9. No open burning or removed vegetation during construction activity. Vegetative materials
shall be chipped or removed to waste-to-energy facilities. ~ ~IIK~~
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1257
Page 2 of 6
10. Sweep (with water sweepers) paved streets adjacent to the project construction site as
needed to remove accumulated dust.
11. Use low sulfur fuel for stationary construction equipment if applicable.
12. Utilize existing power sources or clean fuel (natural gas or low-sulfur diesel) generators
rather than temporary power generators, when practicable.
13. Minimize idling time to 5 minutes for all diesel-powered equipment.
14. Ensure that all mobile and stationary internal combustion engine equipment is properly
maintained and well-tuned according to manufacturer's specifications.
15. Clean earth moving construction equipment with water once per day.
16. An operational water truck shall be onsite at all times. Apply water to control dust as
required per SJVAPCD Regulation VIII.
Cultural ImDact Mitiaation Measures:
17. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation.
18. 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.
TransDortation and Traffic:
19. 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.
20. 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, August 2005)
and contained in the following table:
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Exhibit Ä-1
Coditions of Approval
GPZlZC 05-1257
Page 3 of 6
FUTURE STREET IMPROVEMENTS AND LOCAL MITIGATION
Allen Rd & White Ln Install Signal - 2 EBL, 1 EBR, 2 WBL, 2 2WBL 3.81%
NBL. 1 NBT, 1 NBR, 2 SBL, 1 SBR
5 Allen Rd & Campus Park Dr Install Signal 1 EBL, 1 WBL, 1 WBR, 1 1 EBL, 1 WBL, 1 5.42%
NBL, 1 NBT, 1 SBL, 1 SBT, 1 SBR WBR
7 Allen Rd and Pensinger Rd Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 EBL, 1 WBL 8.61 %
SBL
9 Buena Vista Rd & Pensinger Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 EBL, 1 WBL 3.24%
Rd NBT, 1 SBL
10 Allen Rd & Panama Ln Install Signal- 1 EBL, 1 EBT, 1 WBL, 1 1 EBL, 1 EBT, 1 5.13%
WBT, 1 NBL, 1 NBR, 1 SBL, 1 SBT NBL, 1 NBR
11 Barlow Rd & Panama Ln Install Signal- 1 EBL, 1 EBT, 1 WBL, 1 1 NBL, 1 SBL 3.36%
NBL, 1 SBL
Install Signal- 2 EBL, 1 EBT, 2 WBL, 1
12 Buena Vista Rd & Panama Ln WBT. 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1
SBT
13 Mountain Vista Dr & Panama Install Signal - 1 EBL, 1 EBT, 1 WBL, 1 1 NBL, 1 SBL 2.78%
Ln NBL. 1 SBL
Install Signal- 2 EBL, 2 EBT, 2 WBL, 1
14 Old River Rd & Panama Ln WBT, 1 NBL, 1 NBT, 1 NBR, 2 SBL, 1 1 EBT 1.71%
SBT, 1 SBR
Notes:
NB=Northbound L=Left Turn Lane
SB=Southbound T=Through Lane
WB=Westbound R=Right Turn Lane
EB=Eastbound
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Allen Road: White Ln to Min Ave
Buena Vista Rd: McCutchen Rd to White Ln
White Ln: Allen Rd to Buena Vista Rd
Panama Ln: Allen Rd to Buena Vista Rd
Panama Ln: Buena Vista Rd to Gosford Rd
Add 2 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
2.89%
ADDITIONAL CONDITIONS OF APPROVAL:
Plannina Department Conditions:
21. Prior to filing a final map on any residential phase adjacent to the Sunset Railroad right-of-
way of the Southern Pacific Railroad, the subdivider shall construct an 11 - foot high
masonry wall (as measured from highest adjacent grade) along the adjacent tract or submit
an updated noise study with alternate mitigation measures. '< ~M~~
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1257
Page 4 of 6
Public Works Conditions:
22. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for South Allen Road and Pacheco Road to arterial
standard and Pensinger Road 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.
b. 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 study shall be
approved and any required retention site and necessary easements dedicated to the
City.
c. Sewer service must be provided to the GPAlZC 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 over sizing 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.
23. 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
Consolidated 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.
24. Payment of median fees for the arterial frontage ofthe property within the GPAlZC request is
required prior to recordation of any map or approval of any improvement plan for the
GPAlZC area.
25. Access to the arterial and collector 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.
26. Access to the project area from South Allen Road, Pacheco Road and Pensinger Road is '< 'òAK~~ú'
provided by a sub-standard road. With the development of the project area, approved;:' ~
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1257
Page 5 of 6
improved access to the site must be provided. The required improvements shall be 32 feet
of paving meeting City design standards for a collector 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.
27. The Buena Vista Road, Pensinger Road, Windermere Street and Panama Lane crossing of
the Buena Vista Canal need widening. Developer shall pay their proportionate share of the
cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the
widening of the crossings.
Southern California Edison:
28. The Division recommends that the developer be required to locate, leakage test, and
possibly reabandon the abandoned oil wells on-site prior to construction. The Division
recommends that oil well locations be recorded on all applicable future maps and that no
structure be located over or in proximity of an abandoned well. Both of these issues are
adequately addressed in Section 15.66.080.B. of the Bakersfield Municipal Code, which
requires any future lot containing an abandoned oil well to be encumbered with a deed
restriction specifying the exact location of such well and prohibiting the construction of any
structures within ten feet of the well. Staff will coordinate with the Division and the future
subdivider of the project site to ensure compliance with these provisions of the Municipal
Code. The Division also notified staff that if excavation or grading operations uncover any
previously unrecorded well, then the Division's Bakersfield district office must be notified as
such wells may require remedial operations; staff will address this potential issue at the
tentative subdivision phase of the project.
City Attornev
29. 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 x 'òMI:'~
the sole cost and expense of the Applicant and the City is not obligated to use any law firm 0 %
or attorney chosen by another entity or party. Ë f!'
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1257
Page 6 of 6
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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 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 -----
S 4 dwelling units/net acre
P Public Facilities
SRlLR County: 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
OS-S Slopes exceeding 30%
HR High Density Residential
> 17.42 units but s 72.6 dwelling units/net 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
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 .
Locals
function to connect local streets with arterials and to provide access to abutting property.
are exclusively for property access and through traffic is discouraged.
Collectors
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