HomeMy WebLinkAboutRES NO 025-07
RESOLUTION NO.
025-07
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-1692, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED ON THE NORTH SIDE OF ETCHART
ROAD, BETWEEN CALLOWAY DRIVE AND COFFEE ROAD.
WHEREAS, Bidart Brothers, LLC clo Adavco, Inc., filed a application requesting a General
Plan Amendment, change of zoning of that certain property to be annexed into 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, December
18,2006, and on Thursday, December 21,2006, on General Plan Amendment No. 06-1692, 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. 06-1692, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1692:
Adavco, Inc. for Bidart Brothers, LLC applied to amend the Land Use Element of the
Metropolitan Bakersfield General Plan consisting of a change from SR (Suburban
Residential) to LR (Low Density Residential) on 39.41 acres, generally located on the north
side of Etchart Road, between Calloway Drive and Coffee Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1692 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, the laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth ili CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA
Implementation Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 258-06 on December 21, 2006, the Planning Commission
recommended approval ahd adoption of General Plan Amendment No. 06-1692 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 7, 2007, on General Plan Amendment No. 06-1692, 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
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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. 258-06 on December 21, 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 SR (Suburban Residential) to LR
(Low Density Residential) on 39.41 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
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.
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 the General Plan Amendment No. 06-1692 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. 06-
1692, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located on
the north side of Etchart Road, between Calloway Drive and Coffee Road listed in
Exhibit "A."
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5. That General Plan Amendment No. 06-1692, 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.
--------.()() ()--------
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 February 7, 200711nd effect; ve on
~e uary 28, 2007 by th~ollgw;ng~te~ ~ ~
YEs: COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN SCRIVNER
: COUNCILMEMBER
~ COUNCILMEMBER
~ COUNCILMEMBER "",""nlV'~
~tl.~
PAMELA A. McCARTH CMC
CITY CLERK and Ex 0 CIO Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY l. HALL
MA VOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By. ~m. ~<
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
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1692
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
Upon submittal of tentative tract or site plan for approval, the applicant/developer of the project site
shall submit documentation to the Planning Department that they will/have met the following air quality
mitigation measures:
1. The following mitigation measures shall be utilized during the construction phase of the project to
reduce construction exhaust emissions:
a. To encourage pedestrian traffic, prior to the completion of the construction phase, the
developer shall install sidewalks throughout the project.
b. Properly and routinely, maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
c. Shut down equipment when not in use for extended time to reduce emissions associated with
idling engines.
d. Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
e. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
f. 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.
g. Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control
District.
Mitigation for potentially significant air quality impacts.
2. The following mitigation measures, in addition to those required under Regulation VIII can reduce
fugitive dust emissions associated with these projects:
a. 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.
b. All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of
dust emissions using water or chemical stabilizer/suppressant.
c. 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.
d. When materials are transported offsite, 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.
e. 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
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GPAlZC No. 06-1692
Mitigation/Conditions of Approval
expressly prohibited except where preceded or accompanied by sufficient wetting to limit the
visible dust emissions. Use of blower devices is expressly forbidden).
f. 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.
g. 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.
h. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
i. 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.
j. Cease grading activities during periods of high winds (greater than 20 mph over a one hour
period) .
k. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions
site.
I. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance
with the requirements of the SJVAPCD Regulation VIII.
Mitigation for potentially significant air quality impacts.
3. The following mitigation measures can be utilized during the operations phase of the project to
reduce emissions:
a. Homes shall be designed to exclude fireplaces.
b. To encourage pedestrian traffic, prior to the completion of the construction phase, the
developer shall install sidewalks throughout the project.
Mitigation for potentially significant air quality impacts.
CulturallmDact Mitiaation Measures
4. 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.
5. 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.
TransDortationlTraffic
6. 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.
Mitigation for potentially significant traffic impacts.
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GPAlZC No. 06-1692
Mitigation/Conditions of Approval
7. 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 (Ruettgers & Schuler, November 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 can be found in Table 1 and Table 2:
TABLE 1
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Calloway Drive & Install Signal - 2 EBL, 2 EBT,
ih Standard Road 1 EBR, 2 WBL, 2 WBT, 2 NBT, 2 SBl, 1 SBR 1.49%
1 NBT 1 NBR 2 SBL 1 SBR
Coffee Road & Install Signal - 2 EBL, 2 EBT,
ih Standard Road 2 EBR, 2 WBL, 2 WBT, 2 NBL, 2 SBl 2.41%
2 NBR, 2 SBL
Golden State Avenue & Install Signal - 1 EBL, 2 EBT,
ih Standard Road 1 WBL,2 WBT, 1 NBL
Calloway Drive & Install Signal - 1 EBl 4.84%
Etchart Road 1 EBL, 1 NBL, 1 SBL
Coffee Road & Install Signal- 1 EBL, 1 WBL, Install Signal- 23.17%
Etchart Road 1 NBL, 1 SBL, 1 SBT 1 EBl, 1 WBl
Coffee Road & Install Signal - 1 EBL, 1 EBT,
Snow Road 1 WBL,1 WBT, 1 NBL, 1 SBL,
1 SBT
Patten Way & Install Signal - 1 SBl 9.9%
Snow Road 1 EBL, 1 WBL, 1 SBL
Fruitvale Avenue & Install Signal - 1 SBl 4.67%
Snow Road 1 EBL, 1 WBL, 1 NBL, 1 SBL
Coffee Road & Install Signal- 1 EBl, 1 WBl, 6.36%
1 EBL, 1 WBL, 1 NBL, 1 NBT,
Norris Road 1 SBL, 1 SBL, 1 SBT 1 NBl, 1 NBT
Coffee Road & 1 EBL, 1 EBT, 1 WBL, 1 WBT,
Olive Drive 1 NBT
Notes:
1 Current interchange and grade separation project will construct required improvements
NB=Northbound L=Left Turn Lane
SB=Southbound T=Through Lane
WB=Westbound R=Right Turn Lane
EB=Eastbound
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GPAlZC No. 06-1692
Mitigation/Conditions of Approval
TABLE 2
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Coffee Road:
ih Standard Road to Snow Road
7 Standard Road:
Verdu 0 Lane to Coffee Road
7 Standard Road:
Coffee Road to Saco Road
Snow Road:
Coffee Road to Fruitvale Avenue
Norris Road:
Coffee Road to Fruitvale Avenue
, Current interchange and grade separation project will construct required improvements.
2 Additional lanes can be rovided throu h stri in .
Add 2 Lanes
1.45%
Add 4 Lanes
Add 2 Lanes
Add 4 Lanes'
Add 2 Lanes
Add 2 Lanes2
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Traffic
8.
Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Etchart 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. This GPAlZC area is too small to support its 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 storm drainage facilities.
c. The GPAlZC area is within the service area of the North of River Sanitary District NO.1.
Sewer service in this area must conform to the NORSD's adopted Sewer Study, and
construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving
within the public right-of-way shall require an Open Street Permit and be as per the City of
Bakersfield's adopted standards.
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
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EXHIBIT A
GPAlZC No. 06-1692
Mitigation/Conditions of Approval
the City Engineer, and shall provide the greatest benefit to the storm drain system with the
least maintenance cost.
For orderly development.
9. 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. It is required that the
developer join the North of the River Maintenance District.
For orderly development.
10. 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.
11. Access to the project area from Etchart Road is provided by a sub-standard road. With the
development of the project area, approved, improved access to the site must be provided. The
required improvements shall be 32 feet of paving meeting City design standards for collector road,
with 8' graded shoulders. These improvements will be constructed on Etchart Road from the
boundary of the GPAlZC area easterly to the intersection of Coffee Road or westerly to the
existing end of improvements on Etchart Road. If it becomes necessary to obtain any off site right
of way and if the developer is unable to obtain the required right if 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. If these improvements are
constructed with a separate project on the adjoining property, this condition will be considered as
met.
For orderly development.
12. The Coffee Road and Seventh Standard Road crossings of the Lerdo 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.
For orderly development.
Local Mitioation
13. 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 and 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. The
estimate shall break out the single family and multi-family residential components in separate per
unit fees and determine the single family fee for this portion of the study area. Proportionate
shares from the study as follows (Notes: NB - north bound, SB - south bound, WB - west bound,
EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane):
a. Calloway Dr & Seventh Standard Rd, Add 2 SBL, 1 SBR, 1.49% share
b. Coffee Rd & Seventh Standard Rd, Add 2 SBL 2.41% share
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GPAlZC No. 06-1692
Mitigation/Conditions of Approval
c. Calloway Dr & Etchart Rd, Add 1 EBL, 4.84% share
d. Coffee Rd & Etchart Rd, Install signal, Add 1 EBL, 1 WBL, 23.17 % share
e. Patton Wy & Snow Rd, Add 1 SBL, 9.9% share
f. Fruitvale Ave & Snow Rd, Add 1 SBL, 4.67% share
g. Coffee Rd & Norris Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 NBT, 6.36% share
h. Seventh Standard Rd, Verdugo Ln to Coffee Rd, Add 2 lanes, 1.45% share
For orderly development.
Reaional TransDortation ImDact Fee
14. Pay the standard residential fees, as adopted at time of development.
For orderly development.
Parks
15. Prior to recordation of a final map, the subdivider shall provide the Planning Department written
proof/verification from North of the River Recreation and Park District that said project is within the
North of the River Recreation and Park Maintenance District. The developer is subject to the
application requirements of the District.
Mitigation for potentially significant park and recreation impacts.
16. The subdivider shall be responsible for improving streets adjacent to the park site to City
standards as public streets to be maintained by the City of Bakersfield. If streets will be private,
the subdivider shall improve streets and maintain them as part of a homeowners association or
other approved maintenance mechanism.
Mitigation for potentially significant park and recreation impacts.
Meadows Field Airport Compatibility
17. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall
be granted to the County of Kern for all residential lots. Overflight easements shall grant all rights
deemed necessary by the County of Kern to ensure that the development of said property will
neither impede airport operations nor result in flight hazards, including but not limited to the
following: to make flights and associated noise in airspace over said property; to regulate or
prohibit the release of any substance into the air which might interfere with aircraft operations; to
regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical
emissions which might interfere with aircraft communications systems or aircraft navigational
equipment.
For public health, safety and welfare.
18. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded
on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft
overflights, and as a result, residents may experience inconvenience, annoyance and discomfort
arising from the noise of such operations. The notice shall also state that State law establishes
the importance of public use airports for the protection of the public interest of the people of the
State of California and that residents of property near a public use airport should, therefore, be
prepared to accept such inconvenience, annoyance and discomfort from normal aircraft
operations. <QAK~
For public health, safety and welfare. J ~~
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EXHIBIT A
GPAlZC No. 06-1692
Mitigation/Conditions of Approval
City Attornev
19. 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.
a. 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.
b. 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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Exhibit B
General Plan Amendment Map
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CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNATIONS
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 12.6 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
GC General Commercial 80 acre min (Williamson Act)
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.
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