HomeMy WebLinkAboutRES NO 100-07
RESOLUTION NO. 1 0 0 - 0 7
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DEClARATION AND APPROVING GENERAL PlAN AMENDMENT
NO. 06-1039, AN AMENDMENT TO THE lAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED ON THE NORTH SIDE OF ENGLE ROAD,
BETWEEN ASHE ROAD AND STINE ROAD.
WHEREAS, Bakersfield 19, LLC c/o Mcintosh & Associates, 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. 06-1039, 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. 06-1039, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1039:
Mcintosh & Associates for Bakersfield 19, LLC applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from R-IA (Resource _
Intensive Agriculture) to LMR (Low Medium Density Residential) on 19.55 acres, generally
located on the north side of Engle Road, between Ashe Road and Stine Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1039 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 Quality
The soil types prevalent on the proposed site are listed in the unpublished Soil Survey of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 type 310
(Vineland loamy sand, drained, 0 to 1 percent slopes). This soil type meets the
requirements for prime farmland if water for irrigation is available.
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2) Availabilitv of irrioation water
Irrigation water is currently available to the site from an agricultural well.
3) Proximitv to non-aoricultural uses
Properties along the north side of the project site are designated and zoned for residential
use; the remaining surrounding properties are designated and zoned for agricultural use.
Low and medium density residential use is proposed to the west as well as commercial use.
Medium and high residential use is proposed to the south.
4) Proximity to intensive oarcelization
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
The property is under a Williamson Act land use contract and there are adjacent properties
within the project's Zone of Influence that are currently under a Williamson Act land use
contract.
6) Abilitv to be orovided with urban services (sewer. water. roads. etc.)
The site is currently accessible via Engle Road (arterial) and will be accessible by collector
and local roads in the future. Municipal sewer and water service are expected to be taken
from Engle Road.
7) Abilitv to affect the aoolication of aoricultural chemicals on nearbv aoricultural
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 resulted from other
planned and approved residential developments in the immediate \4cinity.
8) Abilitvto create a orecedent-settino situation that leads to the oremature conversion
of orime aoricultural lands
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
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.
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10) Necessitvof buffers such as lower densities. setbacks. etc
Properties to the south, east and west of the project site are designated and zoned for
agricultural uses. The remaining surrounding properties are designated and zoned for
residential land use. 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. 44-07 on March 15, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-1039 subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the
findings made by the Planning Commission as set forth in that Resolution and as restated herein;
and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on Wednesday, May
9,2007, on General Plan Amendment No. 06-1039, notice of time and place ofthe 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. 44-07 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 LMR (Low Medium Density Residential) on 19.55 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 to comply with all adopted mitigation
measures contained within the Negative Declaration.
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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. 06-1039 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-
1039, 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 Engle Road, between Ashe Road and Stine Road listed in Exhibit
"A."
5. That General Plan Amendment No. 06-1039, 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. McCARTHY MC
CITY CLERK and Ex 0 co Clerk of the
Council of the City of Bakersfield
APPROVED
MAY 9 2007
HA Y 1.:. HALL
MAYOR of the City of Bake
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By. f)hc~ ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
CG - S:\GPA 1st 2007\06-1039\Resolutions\CC Resolution GPA 06-1039.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. 06-1039
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.
2. The following measures shall be utilized during the construction phase of the project to mitigate
significant PM-10 impacts:
a. Water all unpaved or haul road surfaces twice each day construction activities occur.
b. Limit speed on all unpaved roads to 15 mph.
c. Water any exposed ground surfaces twice each day construction activities occur.
d. Cover stockpiles with a tarp.
e. Maintain at least a 6-inch freeboard space during transport of materials and/or cover and wet
to limit dust emissions.
f. Remove mud or dirt accumulations on public roadways immediately when track out exceeds
50 or more feet as well as at the end of the workday.
g. Cease grading activities during periods of high winds where entrainment of dust will exceed
the SJVAPCD 20% opacity requirement.
Mitigation for potentially significant air quality impacts.
3. The following mitigation measures shall be utilized during the construction phase of the project to
reduce equipment exhaust emissions:
a. Limit idling to not more that 20 minutes at a time.
b. All construction equipment shall be maintained to manufacturers' specifications.
c. Where possible electronic equipment shall be used in lieu of diesel or gas powered equipment.
d. Encourage employees at the construction sites to carpool to and from work as well as during
established lunch hours.
Mitigation for potentially significant air quality impacts.
4. In order to reduce project related emissions from mobile sources, the following design features
shall be incorporated into the proposed project:
a. Provide adequate street lighting.
b. Provide sidewalks and pedestrian signs and signalization where appropriate.
c. Pedestrian safety designs/infrastructures shall be provided at crossings.
d. When Transit becomes available to the site, signs, displays, benches and turnouts shall be
provided as needed.
Mitigation for potentially significant air quality impacts.
Cultural Resource Mitiaation Measures
5. 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.
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EXHIBIT A
GPAlZC No. 06-1039
Mitigation/Conditions of Approval
6. 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.
7. 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 applicanUdeveloper 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.
Hazards and Hazardous Materials
8. The following conditions, which address the High Pressure Gas Transmission Pipeline which
traverses the GPAlZC area, shall be met to the satisfaction of the Planning Director:
a. Concurrently with recordation of any phase of a tract map that includes the pipeline easement
or portion thereof, the subdivider shall show the easement on the final map with a notation that
structures including accessory buildings and swimming pools are prohibited within the
easement and shall record a corresponding covenant.
b. Prior to or concurrently with recordation of any phase of a tract map that includes the pipeline
easement of portion thereof, the subdivider shall show on the final map that no habitable
portion of a structure will be built within 50 feet of a gas main, or transmission line, or refined
liquid product line with 36 inches of cover, and shall record a corresponding covenant.
c. No structure shall be built within 40 feet of a hazardous liquids pipeline bearing refined
product, with 48 inches or more of cover. If a pipeline meets this criteria, the 40-foot setback
line shall be shown in the final map and a corresponding covenant shall be recorded prior to or
concurrently with recordation of any phase that is affected.
d. Prior to or concurrently with recordation of any phase of a tract map within 250 feet of the
pipeline easement, the subdivider shall record a covenant disclosing the location of the
pipeline on all lots of the subdivision within 250 feet of the pipeline.
Mitigation for potentially significant hazardous materials impacts.
Traffic ImDact Mitiaation Measures
9. 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.
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EXHIBIT A
GPAlZC No. 06-1039
Mitigation/Conditions of Approval
10. 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 by
the RTIF as identified in Tables 6 and 8 of the project traffic study (Mcintosh & Associates,
September 2006).
Mitigation for potentially significant traffic impacts.
11. The intersection of Taft Hwy and Stine Road requires the following mitigation due to the addition of
project generated traffic: the addition of one eastbound through lane.
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
12. 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 Engle Road to arterial standards and for Mountain Ridge
Drive (the midsection collector) 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. The phasing of the construction of these
improvements will be addressed at the development stage.
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. 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.
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 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.
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.
For orderly development.
13. 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
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EXHIBIT A
GPA/ZC No. 06-1039
Mitigation/Conditions of Approval
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.
14. 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.
For orderly development.
15. 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 Engle 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.
For orderly development.
16. 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 for
Engle 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.
17. The traffic study prepared by Mcintosh and Associates for a 203 unit single family dwelling
residential development producing approximately 204 PM peak trips has been reviewed by the
traffic Division and it appears to be adequate. For impacted intersections and segments subject to
fair share improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision
updated estimates shall be submitted and approved. Unit costs used in the traffic study may be
outdated due to recent rises in construction costs and shall be updated as appropriate. Applicant
shall participate in the improvements required on a pro-rata, fair share basis, prior to the issuance
of building permits, based upon the approved estimates. Based upon the study the following
mitigation measures would be appropriate:
a. Local Mitigation:
i. Stine Rd & Taft Hwy (SR 119), Add 1 EBT, 1 NBR, 1.28% share
ii. Taft Hwy (SR 119): Gosford Rd to Ashe Rd, Add 2 lanes, 0.28% share (*)
iii. Taft Hwy (SR 119): Ashe Rd to Stine Rd, Add 2 lanes, 0.50% share (*)
(*) Adjacent GPA, based on newer model run, showed the need for the added two lanes along Taft Hwy, which is
not covered by the RTIF. The current RTIF shows widening to a 4-lane facility, new model shows the need for a 6-
lane facility. Percent share shown based upon Mcintosh study's project volumes share of the higher model
volumes.
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 fee in place
at time of development.
Mitigation for potentially significant traffic impacts.
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EXHIBIT A
GPA/ZC No. 06-1039
Mitigation/Conditions of Approval
Bike Circulation CPlanninal
18. 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.
For orderly development
Odor ImDacts CPlanninal
19. Upon submittal of tentative tract maps for approval, the applicant shall submit an odor and vector
impact study.
Mitigation for potentially significant odor impacts.
20. Upon submittal of tentative tract maps for approval, the Planning Commission shall have the
authority to restrict construction of sensitive uses prior to removal of the feedlot operation if it
deems it to be appropriate.
Mitigation for potentially significant odor impacts.
Williamson Act Land Use Contract Cancellation CPlanninal
21. Prior to annexation of the GPAlZC area under a Williamson Act land use contract, 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.
22. With submittal of a tentative subdivision map creating parcels less than twenty acres in size on the
project area, 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 Attorney
23. 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
I GENERAL PLAN LAND USE DESIGNATIONS I
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 Suburban 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 buts 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
-----
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.
Locals are exclusively for property access and through traffic is discouraged.
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