HomeMy WebLinkAboutRES NO 101-07
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-1031, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
ASHE ROAD AND ENGLE ROAD.
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WHEREAS, The Minaberri Family Trust c/o Dominique Minaberrigarai, filed an 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, March 12,
2007, and on Thursday, March 15,2007, on General Plan Amendment No. 06-1031, 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. 06-1031, an amendment to the land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1031:
Dominique Minaberrigarai for The Minaberri Family Trust applied to amend the land Use
Element of the Metropolitan Bakersfield General Plan on 38.48 total acres consisting of a
change from R-IA (Resource -Intensive Agriculture) to GC (General Commercial) on 10.02
acres, lR (low Density Residential) on 24.74 acres, and HMR (High Medium Density
Residential) on 3.72 acres, generally located at the northeast corner of Ashe Road and
Engle Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1031 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 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
The soil types prevalent on the proposed site are listed in the unpublished Soil Survey of
Kern County, California, Southwestern Part (United States Department of Agriculture, Soil
Conservation Service). Based on the draft soil survey, the project site include soil types 231
(Milagro fine sandy loam, 0 to 1 percent slopes, 151 (Excelsior fine sandy loam, saline-sodic,
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o to 1 percent slopes), and 310 (Vineland loamy sand, drained, 0 to 1 percent slopes). Soil
types 310 and 231 meet the requirements for prime farmland if water for irrigation is
available.
2) Availabilitv of irriaation water
Irrigation water is currently available to the site from an agricultural well.
3) Proximitv to non-aaricultural uses
Properties along the north and west sides of the project site are designated and zoned for
residential uses; the remaining surrounding properties are designated and zoned for
agricultural use. Medium density residential use is proposed to the east and medium and
high residential use is proposed to the southeast.
4) Proximitv to intensive parcelization
There are existing and proposed subdivision tracts lying within one-half mile of the project
site located mainly to the north, as part of the Ashe NO.4 project area.
5) Effect on orooerties subiect to 'Williamson Act" land use contracts
There are adjacent properties within the project's Zone of Influence that are currently under
a Williamson Act land use contract; 118.64 acres of the project's Zone of Influence are
under Williamson Act contracts.
6) Abilitv to be orovided with urban services (sewer. water. roads. etc.)
The site is currently accessible via Ashe and Engle Roads and will be accessible by both
arterial roads and local roads in the future. Municipal sewer and water service are expected
to be taken from Ashe Road.
7) Ability to affect the aoolication of aaricultural chemicals on nearbv aaricultural
orooerties
The proposal's level of impact to nearby agricultural properties is less than significant due to
the restrictions and limitations on the use of agricultural chemicals that will result from other
planned and approved residential developments in the immediate \Acinity.
8) Abilitv to create a orecedent-setting situation that leads to the oremature conversion
of crime aariculturallands
The conversion of a substantial amount of prime agricultural land to urban development has
been occurring in recent years in the vicinity of the project site, and additional urban
development is planned and proposed in the area. Therefore, the proposal would not set a
precedent in this regard.
9) Demonstrated oroiect need
Based upon the close proximity of the project site to other urbanizing lands, the proposal is
considered a logical step in the orderly development of the City of Bakersfield. Urbanization
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of the site would allow for the incremental expansion of the infrastructure and public services
that are being constructed and provided in the surrounding area and would help to meet the
need for housing to accommodate the projected population growth in the Metropolitan
Bakersfield General Plan area.
10) Necessitv of buffers such as lower densities. setbacks. etc
Properties along the south side and east of the project site and are designated and zoned
for agricultural uses. The remaining surrounding properties are designated and zoned for
residential land uses. Any contiguous properties designated or zoned for agricultural uses
will require the necessary buffers to be applied during the Tentative Tract Map process.
WHEREAS, by Resolution No. 42-07 on March 15, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-1031 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 ofthe Government Code, conducted and held a public hearing on Wednesday, May
9, 2007, on General Plan Amendment No. 06-1031, 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. 42-07 on March 15, 2007:
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 GC (General Commercial) on 10.02 acres, lR (low Density
Residential) on 24.74 acres, and HMR (High Medium Density Residential)
on 3.72 acres is compatible with the land use designations of surrounding
properties and is internally consistent with the Metropolitan Bakersfield
General Plan.
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f. The laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA, the State CEQA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures have been
duly followed by city staff and the Planning Commission.
3. That the applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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. 06-1031 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-
1031, 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 comer of Ashe Road and Engle Road listed in Exhibit "A."
5. That General Plan Amendment No. 06-1031, 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 9, 2007 by the following vote:
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~ COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
~
PAMELA A. McCARTH, MC
CITY CLERK and Ex 0 Icio Clerk of the
Council of the City of Bakersfield
APPROVED
MAY
9 2007
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
BY.~1th~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
CG - S:\GPA 1 st 2007\06-1031 \Resolutions\CC Resolution GPA 06-1031.doc
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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. 06-1031
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
1. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. 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 all air quality control measures required by the San Joaquin Valley Air Pollution
Control District.
Mitigation for potentially significant air quality impacts.
Cultural Resource Mitiaation Measures
2. If archaeological resources are encountered during the course of construction, work shall stop at
the location of the find and a qualified archaeologist shall be consulted for further evaluation. Any
measures by the archaeologist shall be complied with at that time.
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.
4. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the regulatory
protections afforded to those resources. The personnel shall be informed of procedures relating to
the discovery of archaeological remains during grading activities and cautioned to avoid
archaeological finds with equipment and not collect artifacts. The applicant/developer of the
project site shall submit documentation to the Planning Department that they have met this
requirement prior to commencement of ground-disturbance activities. This documentation should
include information on the date(s) of training activities, the individual(s) that conducted the training,
a description of the training, and a list of names of those who were trained. Should cultural
remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist.
Mitigation for potentially significant cultural resource impacts.
Traffic ImDact Mitiaation Measures
5. Prior to the issuance of any building permit within the GPAlZC area, 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.
6. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements not covered ~~K~-9
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EXHIBIT A
GPAlZC No. 06-1031
Mitigation/Conditions of Approval
the RTIF as identified in Tables 7 and 8 of the project traffic study (Ruettgers & Schuler Civil
Engineers, September 2006) and in the following tables:
Stine Rd & Berkshire Rd Install Signal-1 WBL, 1 1 WBL 3.61%
SBL, 1 SBT
Reliance Rd & Install Signal Install Signal 3.18%
McCutchen Rd
Stine Rd & McKee Rd Install Signal-1 WBL, 1 SBL 1 WBL 7.31%
Ashe Rd & Taft Hwy (SR Install Signal -1 EBL, 1 EBT,
119) 1 WBL, 1 WBT, 1 NBL, 1 1 NBL 19.16%
SBL
Van Horn Rd & Taft Hwy Install Signal-1 WBL, 1 NBL 1 NBL 5.96%
(SR 119)
Wible Rd & Taft Hwy (SR Install Signal-1 EBL, 1 EBT, 1 NBL 4.08%
119) 1 WBT, 1 NBL, 1 SBL
Hughes Ln & Taft Hwy Install Signal -1 WBL, 1 NBL Install Signal 4.82%
(SR 119)
Notes:
NB = Northbound WB = Westbound L = Left-Turn Lane
SB = Southbound EB = Eastbound T = Throu h Lane R = Ri ht-Turn Lane
Taft Hwy (SR 119) : Gosford Rd -Ashe Rd Add 4 lanes
Add 2 lanes
6.28%
Taft Hwy (SR 119) : Ashe Rd -Stine Rd
Add 4 lanes
Add 2 lanes
4.58%
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
7. 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 Ashe and Engle Roads to arterial standards for the full
frontage of the area within the GPA request. Dedications shall include sufficient widths for~~I(~
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EXHIBIT A
GPAlZC No. 06-1031
Mitigation/Conditions of Approval
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. The frontage
of the commercial portion shall be constructed as follows: with the first development phase
with frontage on Ashe Road, the Ashe Road commercial frontage shall be constructed. With
the first development phase with frontage on Engle Road, the Engle Road commercial
frontage shall be constructed. In both cases, improvements shall include paving, curb, gutter
and sidewalk. The phasing of the construction of these improvements will be addressed at the
development stage.
b. Access to the project area from the nearest fully improved public roadway is provided by a
sub-standard road. With the development of the project area, approved, improved access to
the site must be provided on Ashe Road. The required improvements shall be half width
improvements meeting City design standards for an arterial road. 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.
c. 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. Submit a comprehensive drainage study of the entire
drainage area, to be reviewed and approved by the City Engineer. The study shall show the
development's proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or shall provide
some other method for the construction of the ultimate facilities satisfactory to the City
Engineer. Any required retention site and necessary easements shall be dedicated to the City.
d. 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 oversizing costs to the developer. Additionally, this
area is shown in the City's master sewer study as being served by the future Plant 4.
However, the sewer system serving this area can be temporarily lifted into the future Plant 3
Curnow/Romero trunk line.
e. 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.
8. 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.
For orderly development.
9. Payment of the proportionate share of the cost of the median 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, whichever occurs first. ~~K~-9
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EXHIBIT A
GPAlZC No. 06-1031
Mitigation/Conditions of Approval
For orderly development.
10. The Ashe Road, Romero Road, and Taft Highway crossings of the Farmer's Canal need widening.
The Mountain Ridge Drive crossing of the Farmer's canal and the "gap" in improvements of Ashe
Road need to be constructed. 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.
11. The traffic study prepared by Ruettgers-Schuler Civil Engineers for a 68 unit single family
residential, 96 unit multi-family and 95,000 SF commercial development producing approximately
660 PM peak trips has been reviewed by the Traffic Division and it appears to be adequate.
Based upon the study the following mitigation measures would be appropriate:
a. local Mitigation: 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. Proportionate shares from the study as follows:
i. Stine Rd & Berkshire Rd, Add 1 WBl, 3.61% share
ii. Reliance Rd & McCutchen Rd, Install traffic signal, 3.18% share
iii. Stine Rd & McKee Rd, Add 1 WBl, 7.31% share
iv. Ashe Rd & Taft Hwy (SR 119), Add 1 NBl, 19.16% share
v. Van Horn Rd & Taft Hwy (SR 119), Add 1 NBl, 5.96% share
vi. Wible Rd & Taft Hwy (SR 119), Add 1 NBl, 4.08% share
vii. Hughes ln & Taft Hwy (SR 119), Install traffic signal, 4.82% share
viii. Taft Hwy (SR 119): Gosford Rd to Ashe Rd, Add 2 lanes, 6.28% share
ix. Taft Hwy (SR 119): Ashe Rd to Stine Rd, Add 2 lanes, 4.58% 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, 1 Striping only
b. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the RTIF program by paying the adopted residential and
commercial fees in place at time of development.
Mitigation for potentially significant traffic impacts
Commercial Center Access (Planning)
12. Project design shall include a local street serving the commercial area from Ashe or Engle Road
as follows:
a. A local road serving the commercial center along the northern or eastern boundary of the
proposed commercial area; the local road shall be provided between the commercial and
residential designations.
For orderly development.
Bike Circulation (Planning)
13. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for
a Class II bike lane at the south end of the project site along Engle Road and the right of way for a
Class II bike lane at the west end of the project site along Ashe Road.
For orderly development
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EXHIBIT A
GPAlZC No. 06-1031
Mitigation/Conditions of Approval
Williamson Act Land Use Contract Cancellation lPlannina)
14. Prior to annexation of the portion of the GPAlZC area, that is under a Williamson Act land use
contract (Assessor's Parcel Number 184-220-19), the applicant shall process a contract
cancellation request through the Kern County Planning Department and obtain approval from the
Kern County Board of Supervisors.
For orderly development.
15. With submittal of a tentative subdivision map, creating parcels less than twenty acres in size on
the portion of the project site under contract (Assessor's Parcel Number 184-220-19), the
applicant/developer shall provide proof to the City of Bakersfield Planning Department that the
required Williamson Act land Use Contract cancellation fee, as calculated by the Kern County
Assessor's Office, has been paid to the Kern County Treasurer.
For orderly development.
City Attornev
16. 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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ORIGINAL
CITY OF BAKERSFIELD
I GENERAL PLAN LAND USE DESIGNATIONS
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
51 Service Industrial
ER Estate Residential
1 dwelling uniUnet acre HI Heavy Industrial
5R Subu'rban Residential -----
s 4 dwelling units/net acre
P Public Facilities
5R1LR County: s 4 dwelling units/net acre
,
City: s 7.26 dwelling units/net acre P5 Public/Private Schools
LR Low Density Residential PT Public Transportation Corridors
s 7.26 dwelling units/net acre
P-5W 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 05-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 units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
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R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
80 acre min (Williamson Act)
GC General Commercial
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials are used primarily by through traffic with a minimal function to provide access to abutting
property.
Collectors function to connect local streets with arterials and to provide access to abutting property.
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Locals are exclusively for property access and through traffic is discouraged. ~ ~
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