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HomeMy WebLinkAbout2007/08/14 Item 13 CITY COUNCIL AGENDA STATEMENT ~f:.CITYOF . -- - --- CHUIAVlCTA ~- ~ -- -Jli /3 Item No.: Meeting Date: 8/14/07 ITEM TITLE PUBLIC HEARING: Consideration of a zoning modification (PCl 06-06) to change the existing zone classification from R-3 P-9, Apartment Residential! Precise Plan, nine dwelling units per acre to ILP, Limited Industrial! Precise Plan, for a 1.0-acre parcel located At 696 Naples Street - Health Advances, USA REVIEWED BY: ORDINANCE: Of the City Council of the City of Chula Vista amending the zoning maps established by Municipal Code Section 19.18.010 by rezoning a one acre parcel located at 696 Naples Street From R-3-P-9, Apartment Residential, Precise Plan, Nine Dwelling Units Per Acre, to ILP, Limited Industrial, Precise Plan, and Adopting Precise Plan Standards. DIRECTOR OF PLANNING AND BUILDIN~ CITY MANAGER j(J/.-Y-- ASSISTANT CITYf~j~'c,ER C7I 4/5THS VOTE: YES NO X SUBMITTED BY: This is a zoning modification request to change from an existing R-3 P-9 (Apartment Residential! Precise Plan with nine dwelling units per acre) to ILP (Limited Industrial! Precise Plan), for a 1.0-acre site located at 696 Naples Street. BACKGROUND This parcel was part of the Montgomery Annexation, a 3.5 square mile territory annexed to the City of Chula Vista on December 31, 1985, and included in the Montgomery Specific Plan. The site was used for many years as a packaging facility, and then by 13-1 PCZ-06-06 Page No.2 the Wilbur-Ellis Company as a fertilizer/landscaping business. On March 28, 1989, the one-acre parcel was rezoned to R-3 P-9 (Apartment Residential, Precise Plan, 9 units per acre). The intent was to permit "a residential density, which is in keeping with the density anticipated by the Montgomery Specific Plan". However, the Specific Plan was repealed by the City Council in December 2005. The multi-family residential land use designation for this property was reconsidered during the 2005 General Plan update, and was changed back to Limited Industrial. This rezoning request is in accordance with the adopted General Plan. Because of circumstances likely to be involved in redevelopment of this parcel, a specific Land Use and Transportation (LUT) General Plan Policy was attached to the property. LUT 42.14 states the following: "Concurrent with the approval of zoning for industrial uses at the northwest comer of Colorado Avenue and Naples Street in the South Broadway District, ensure that light industrial uses on Colorado Street are designed and constructed to: front on Colorado Street; provide parking and entry door access on the west side of buildings; and be appropriately buffered from residential uses". The rezoning will be structured to comply with these and other relevant General Plan requirements, using the Precise Plan Modifying District, which will be addressed later in this report. The site is occupied by a vitamin manufacturing company, Health Advances, which is a non-conforming use under the current residential zoning district, but a permitted use in the Limited Industrial Precise Plan (ILP) zone. Thus, changing the zone designation will make the current land use conform with the Limited Industrial General Plan land use designation. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR 05-01. Thus, no further environmental review or documentation is necessary. PUBLIC COMMENTS A neighborhood meeting was held on December 19, 2006 at the Harborside Elementary School, to introduce the project and obtain public comments and input. Staff from the Planning and Building Department made a presentation, and representatives of Health 13-2 PCZ-06-06 Page NO.3 Advances were also present at the meeting. The meeting drew five individuals, including local residents. The attendees expressed a concern that the requirements of the General Plan Policy LUT 42.14 should be implemented. The adoption of the zone modification and precise plan standards will implement this policy. RECOMMENDATION That the City Council adopt the attached City Council Ordinance PCZ-06-06 approving an amendment to the Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code, rezoning one acre at 696 Naples Street from Apartment Residential (R- 3 P-9) to Limited Industrial (ILP), based on the findings contained in the attached Draft City Council Ordinance. BOARDS/COMMISSION RECOMMENDATION On July 25, 2007, the Planning Commission considered the Rezone application and voted (6-0-1-0) to recommend that the City Council adopt the Draft City Council Ordinance. DISCUSSION Project Site Characteristics: The project site is a 43,702 sq. ft. (approx. one-acre) parcel located at the northwest corner of Naples Street and Colorado Avenue (see Attachment 1, Locator Map). It is essentially rectangular-shaped, approximately 130 feet wide by 330 feet deep. The site contains an existing 12,160 sq. ft. steel building, which has occupied the site for the last 25 years. The existing building is setback 55 feet from Naples Street, 22 feet from Colorado Street, 30 feet from the railroad tracks, and 13 feet from the northerly property line. Since it is adjacent to the railroad and there is a private rail spur that enters the parcel, the western property line has a jagged configuration to accommodate the rail spur (see Attachment 2, Site Plan). On its north property line, the site is immediately adjacent to an industrial complex, which continues north to Moss Street. To the south of the site across Naples Street is Harborside Elementary School, and to .the east across Colorado Avenue is a single-family residential neighborhood, which continues almost to Broadway. On its west property line is the existing railroad line used primarily as a trolley line, with Industrial Avenue and a trailer park to the west of the railroad line. 13-3 PCZ-06-06 Page No.4 Site and Surrounding Area - Land Use Designations and Existing Land Uses: General Plan CV Municipal Code Existing land Use Zonina Site Limited Industriai Apartment Residential Industrial - drug manufacturing (R-3P9\ (vitamins\ North Limited Industrial Limited Industrial (IL) Existing Light Industrial Complex South Public/Quasi Public (PQ) Single-Family Residential Existing School - Harborside (R-i\ Elementarv School East Single-Family Single-Family Residential Existing Single-Family Residential Residential (R-1 \ IR-1.) NeiQhborhood West Open Space (OSP) Limited Industrial (ILP) Existing Trolley Tracks Project Description: The project consists of rezoning the one-acre Project Site from R-3 P-9 Apartment Residential, Precise Plan, nine dwelling units per acre, to ILP, Limited Industrial Precise Plan per CVMC Section 19.44.010. The rezone is consistent with and will implement the recently adopted General Plan Update. Analysis: In recommending approval of the requested Rezone to the City Council, staff relies upon the following points: Chula Vista Municipal Code Compliance The current industrial use, which as stated above, involves the manufacturing (re- packaging) of vitamin products with limited types of raw materials. The use is permitted by right pursuant to CVMC 19.44.020(M), provided certain chemicals are not used on site, as specified in CVMC 19.44.050, "Prohibited Uses and Processes" (see Attachment 3). Any prohibited use or primary production using these prohibited substances could be abated via application of the Performance Standards, CVMC Chapter 19.66. General Plan Goals and Obiectives Chapter 5, the Land Use and Transportation Element of the General Plan, includes the site in the South Broadway District, which is located between Industrial Blvd. on the 13-4 PCZ-06-06 Page No.5 west, Fifth Avenue on the east, L Street on the north, and Anita Street on the south (see Attachment 4, South Broadway District, Fig. 5-22). Chapter 5 also contains policy LUT 42.5, which states: "Designate uses on the west side of Colorado Street as Light Industrial." Approval of this rezone will make the site consistent with the Limited Industrial land use designation of the northerly adjacent parcels. Chapter 5 also specifies, in Section 7.0 - "Planning Factors, Objectives and Policies", that compatible land use and edge transitions are essential, and in Section 7.5 it further states: "Uses should be appropriately buffered or incompatibilities should be addressed through.. .mitigation of impacts to adjacent uses in the area." To address this important General Plan policy, staff recommends a number of specific Precise Plan standards, which are intended to buffer the project site from the residential neighborhood to the east across Colorado Street. Thus, Limited Industrial zoning with appropriate development standards will address the General Plan vision for this area and will encourage projects that are sensitive to the surrounding area. Precise Plan The Precise Plan Modifying District was established by the previous rezoning action to R-3-P-9, but specific Precise Plan Development Standards were not adopted at that time. This zone modification includes specific Precise Plan standards to address two alternative development scenarios, involving the remodeling of the existing building, and the demolition of the building and redevelopment of the site. The following types of Precise Plan development standards are proposed: . Site planning standards including the re-Iocation of openings such as loading docks and building entries to the west side of the building; . Architectural design; . Walls, fencing and landscaping to help buffer the perimeter of the site; . Signage; . Site lighting. These Precise Plan Development standards have been crafted to implement the requirements of Land Use and Transportation (LUT) Policy 42.14 applicable to this parcel. The proposed Precise Plan standards will be included in the attached Draft City Council Ordinance, and are described in more detail in Exhibit B of the Ordinance. 13-5 PCZ-06-06 Page No.6 Health Advances has applied for Design Review approval of a proposed building addition. The Design Review plans will be redesigned based upon the Precise Plan development standards and Design Manual guidelines. Prior to approval of building permits, the applicant must obtain approval of plans showing compliance with applicable zoning requirements, including the Precise Plan standards. CONCLUSION For the reasons mentioned above, staff recommends that the City Council adopt the attached Draft Ordinance approving Zone Change PCZ-06-06, based on the findings and subject to the conditions contained in the attached Draft City Council Ordinance. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council Members and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. FISCAL IMPACT There are no fiscal impacts from the preparation of this report and the processing of the Rezone. All costs are covered by the deposit accounts. ATTACHMENTS: 1 Locator Map 2 Conceptual Site Plan 3 CVMC Section 19.44.050 4 South Broadway District, General Plan Fig. 5-22 5 Ownership Disclosure Form Prepared by: Richard Zumwalt, Associate Planner, Planning and Building Department J :IPlanning\Case Files\-07(FY 06-07)IPCZIPCZ-06-06IPCZ0606.ccagendastmt. 7-24 13-6 I I I I I I I I I 1 1 1 1 1 \ \ L I 1 1 I I I, I~ 1<6 I~ IQ 1 1 1 I 1 I I I I f}TT./'lE..(+ME)./- ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: .C) APPLICANT: Health Advances USA ZONE MODIFICATION PROJECT Request: Change zone from 1.0 acres lot from R3P9 (Apartment ADDRESS: 696 Naples SI. Residential Precise Plan 9 d.u./ac.) to IL (Limited Industriai). SCALE: FILE NUMBER: NORTH No Scale PCZ-06-06 Relaled cases: 15-06-019, DRC-06.22 L:IGabe FilesILocatorslpcz0606_land_uses.cdr 07.12.07 13-7 ":=,,~=...=~.c.c.~.l"=;='c.C.._-~-:-=~~-=_-~~::~~I~b,~ l. 1..,,,'..';. - . _1__.. ~.'~ I ,,, ., I .r'/.'!i:. 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I ~h I i ~I i 'i" i , , , , ~ '" j1I " :;; ~ ~ .." :: ~"'f :;,,; 11 ''" 'T ,.' , , '" s ~ '" " " , ~ ~ !' " 'I i; ~ a ~ I " : 1,J" I II , __A~ ... .....,:""V ~L ijll q lillll 5 ~ ~ ; i , , I i~ ! ~ , ~ J < , , I I - I I I I ~ q n q q . . II . . .. ~ ".' I ~"L Chula Visla Municipal Code . F. Public and private building material sales yards, service yards. storage yards, and equipment rental; G. Minor anto repair; H. 1 .nndries, laundry services. and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions of CYMC 19.58.060; J. Plumbing and heating shops; K. ExtenniDaling services; L. Animal ~pitals and veterinarians. subject to the provisions of CYMC 19.58.OS0; M. The manufacture of food products, clrugs, phamw:euticals and the like, excluding those in CVMC 19.M.050: N. Electrical substations and gas regulator sta- tions, subject to . the: provisions. of CYMC' 19.58.140; .:,.', .. , O. Temporary tract signs, subjcetto theprovi'n sions ofCVMCI9.58.320 and 19.60.479;._.-.' ,e_ P. (Any other limited manuiaCiur=d use which is determiDed by the commission to ,be of.the same general character lIS the IibOve nses; , Q. Agricultural uses as provided in CYMe ]9.16.030. (Ord. ]356 fi 1.1971; On!. 1281 fi I. 1970; Ord.1212 fi 1,1969;'priorcodefi33.513(B)). . Code reviser's nOle: This section amended to COlIform with provisions ofOn!. IS7S. 1974. 19.44.030 ACI:CSSOry uses and buildings. Accessory uses permitted in an 1- L zone include: A. Administrative. executive and financial offices and incidental services. such as restaurants to serve employees, when conduCted on the pre. mises; B. Other accessory uses and buildings custom. arily appurtenant to a permitted use; C. Retail sales of products produced and manu- factured on the site; D. Caretaker houses: E. Satellite dish antennas are permitted in ~ accordance with the provisions of CYMC 7'\ 19.22.030(F)(1) through (9) and (11) through (13). (Ord. 2160 fi 1. 1986; Qrd. 2108 fi I, 1985; Ord. 1281 fi I, 1970; Ord: 1212 fi 1. 1969; prior code fi 33.513(C)). . 19.44.040 ConditioDal uses. Conditional uses permitt,Cd iD an J-t zone include: A. Machine shops and sheet metal shops; /-Y!/J-4-Ci-rfrlglt'F--2:, 19.44.050 B. Service stations, subject to the conditions in CYMC 19.58.280; C. Steel fabrication; n: Restaurants, delicatessens and similar uses: E. Drive-in theaters, subject to the conditions of CYMC 19.58.120; F. Major auto repair, engine rebuilding and paint shops; G. Commercial parlcing lots and garages; H. Plastics and other synthetics manufacturing; 1. Building heights exceeding three and one- balf stories or 45 feet; J. Unclassified uses, as set forth in Chapter 19.54 CYMC; K. Trucking yards, terminals and distributing operations; , ,L. The retail sale of such bulky items as furni- ture. carpets and other similar items; M. Retail distribution centers and manufactur- -m'pUilets which reqaiie exteiiSivcfiixi'iueasfor the storage and display of merchandise; .and the high-volume, warchouse-type sale of goods 'and retail USeS which are related to and supportive of " existing. on-site retail distribution centetS of man- ufactUre\'S' outlets. Conditional use permit applica- tions for the establishment of retsil commercial uses, covered by the provisions of this subsection, ..... shall be considered by the eity council subsequent' to its receipt of recommendations thereon from the planning commission; N. Roof-mounted satellite dishes. subject to the standards set forth in CYMC 19.30.040; O. Recycling collection centetS, subject to the provisions ofCVMC 19.58.345; P. Hazardous waste facilities, subject to the p~ visionsofCVMC 19.5S.178. (Ord. 2542fi 4.1993; Ord. 2252 !lIO, 1988; Ord. 2233 il0. 1987; Ord. 2160il.1986;0rd.2108fi 1,198S:0rd.2031 ii, 1983: Old. 1927 i I, 1980; On!. 1698 fi I, 1976; Ord. 1356 ii, 1971; Ord. 1281 !iI, 1970; On!. 1212 il.1969: prior code fi 33.513(0))., 19.44.050 Probibited ases and processes. '* Prohibited uses iD an I-L zone include: A. Manufacturing uses and processes involving the primary production of products from raw mate- . rials, iDcluding the following materials and uses: 1. Asphalt, cement, charcoal and fuel bri- quettes. ' ," 2. Rubber, chemical and allied products, and soap and detergents, . 3. Coal, coke and tar products and the 1IIlll1lI- facmring of explosives, fertilizers. gelatin. animal glue and size, 19-99 13-9 (RevtMd 1/004) -~-~,.-...-., --. ,._,_.".....>-:.-;.,;~._,. 19.44.060 '4. Turpentine, matches, paint and other com- bustible materials. 5. Stockyards. slaughtemouses and render- ing plants, , 6. The storage of fireworks or explosives. 7. Industrial metal. waste rag. glass or paper salvage operations and slag piles, . 8. Fish, sauerkraut, vinegar and similar uses, 9. Brewing or distilling of liquors or perfume manufacturing; B. The following processes: nitrating of conon Dr other ma1erials; foundries; reduction, refining. smelting, alloying, rolling, drawing and extruding of metal or metal ores; refining of petroleum prod- ucts; distillation of wood or bones; storage, curing or taltIling of raw, green or salted hides or skins; and grain milling; C. Any other use which is determined by the commission to be of the genel31 cbaracter as the above uses. (Oni 1281 Ii I, 1970; Ord. 1212 Ii I, 1969; prior code Ii 33.513(E)). 19.44.060 Sign regulations. Repealed by Ord. 2924 9 3. 2003. (Ord. 2309A Ii 12.1989: Ord. 1575 Ii 1.1974; Ord.1356 Ii I, 1971; Ord. 1281 Ii 1.1970; Oni 1212 Ii I, 1969: prior code ~ 33.513(F)). 19.44.070 Height regulations. No building Dr structure sball exceed chrec and one-half stories or 45 feet; except, that any building or stNcture erected to such a height or less that would be detrimental. in the opinion of the commis- sion. to the light, air or privacy of any other struc- ture Dr use, existing or reasonably to be anticipated, may be reduced. Exceptioris are provided in CvMC 19.16.040. (Ord. 1356 Ii I, 1971; Ord. 1281 Ii I, 1970; Ord. 1212 Ii I, 1969; prior code Ii 33.513(Q)). 19.44.080' Area, lot coverage and yiu-d requirements. The following minimum requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060' through 19.16.080 and where increased for conditional uses: Setbacks in Feet Lot Area (sq. ft.) Lot eoverqe (max. %) Front Exterior Side V.reI Side Rear 10.000 SO Buildings 20" IS" 0"" ll"" , Signs 0 ~ *Qr'nOlless than that specified on the building line map which takes precedence shall be provided and maintained. (See cyMe 19.44.090 through 19.44.180 for other required ~acks.) , ""Except when adjoining an R or A zone. or areas designated for future residential or agricultural development on the Chul~ Vista gencral plan. then not less than 50 feet. '. , . , --~ -- l.,:., "'--:' (Oi'll.1356 Ii I, J971; Ord.1281 Ii 1. 1970; Ord. 1212 Ii 1.1969; prior code fi 33.513(li)). ' '" '. - - ,. . 19.44.090 PerformaDce slancbrds. All uses permined by this title shall be subject to initial and continued compliance with the perfor- mance standards in Chapter 19.66 CVMC. (Ord. 1281 Ii I. 1970; Ord. 1212 fi I, 1969; prior code ~ 33.513(1)(1)). 19.44.100 Fuel restrictions. Manufacturing and industrial processes in an I-L zone shall use only gas or ele<:tricity as a fuel; pro- vided, however, that oil burning equipment may be installedforstandbypurposesonly.(0rd.1281 Ii I, 1970; Ord. 1212 Ii 1, 1969; prior code fi 33.513 (IX2)). 19.44.11 0 Setbacks from resideDtial or agric:ultural zone - LoadiDg fac:iJities. In any I-L, zone directly across che s~t from any R or A zone, or areas designated for future res- idential or agriculrul31 clcvelopment on the general plan, the loading facilities and struclU!eS sball be a distance of at least 30 feet from said s~L (Ord. 1281 Ii I, 1970; Ord. 1212 A I, 1969; prior code fi 33.513(1)(3)). 19.44.120 LaDclscapiDg. The site shall be landscaped in confonnance with the landscaping manual of che city, and approved by the planning departmenL (Ord. 1281 (R8\l1sad 1104) 19.100 13-10 ~~ Chula f~~ Vista ~51vision 2020 Southwest Planning Area South Broadway District ~Irf-CH~N/ r :;;; ~ S :t .!!l ~ 'g.e . ""= 0 110 ~ .sill Qj ir"t r.i t. ~;=,:c~:,,:c,::.:;-,';;;;;;':'JW' .- ,~".;.,-",;,~,,-_.t . ~j . .' .. ~. ~;;.~ .:t: :'<( i', ',' L;"IIrED ,Q ',' t, i' I'OUS~R.AL ~ ~ I w= ~~ - _~'"":' ~ I INOUS.RIAL ~Ij i~ uL~:eE;~! r' l1M11ED ~'-.-_..,I ~ . ill! I~DUSTRlAL Project Site I i " - ~llD. Palomar Sf. ......~...... ~I RESIOE.~TI.',LMEO,L\oI . '. 0 .. .<q ~11q. m .. . . , O"~I 4"9 9 - . . '1Sp . ".cO' . ~ -_. Cj -~f'U;--<': f laUASlIf'U5LlC tJ f,fOF. & P^Ri<.6'& ~Ff'CE REC. t~ .. ,. ' S ....--- 1'-;~ '. .f,:".I. j :-.~ !2 em I f? if, ~ If €i." i f"~ ~ 1 L St. Moss Sf. Naples St. Oxford Sf. LEGEND ~ EXISTING TRANSIT STATION ,_ . . a _ _ FUTURE TRANSIT ROUTE I AREAS OF CHANGE I EXlSTING LANO USE RET Ale ,,, '11l ...J 'S: ;;: ;'" ~ Ii2 RET-'''L I I RES. H:Oh .. !~c'!b OPEN s/>'Co ' lMTED IN:)USTRl~,l RES. M"D. ~ LIMITE:) INO'.J5TRIAL 4,,1ilt '- ~,$t _ . ~E.1AI:- NOT TO SCALE Figure 5-22 Page LUT-148 City of (hula Vista General Plan "" "'~-::-. 13-11 ..,........~..._...--_.._-<-_.,._~---:--~........-,--.--"_..,--.-.--...,......,---.-~---,-:--...- .,..:.~.,.1--:":f' lIGabe RleslProjects by Reque~QI\Ricn ZUnmalnPCZ.06-D6\Jigure 5-22.al 07.06.07. plann ng ( 4--tT"t4L-hMEArI .5 & Building Department Planning Qivision I Development Processing C,I (- em OF CHUIA VISTA APPLICATION APPENDIX B DisClosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission aild all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Information must be disclosed: 1. List the names of .all persons having a financial interest In the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. LotUS -.s- Pll.:-lILseJlJ ,(,'/l"T I,)". \)o.,sbAc.h Y(.,,'} SAV1tn..'r-aS ' -:-<;';'-.:l~::::-=---:-::::-:C:--::--:-~-~-------~-----" .. 2. '1f any person. identified pursuant to (1) above Is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 1-(j(J'J ::r: (?A.uL,eJJ . " ~~W - "'bOtJShACk 3. If ,my person. identified pursuant to (1) above Is a non-profit organization or trust, list the names' of ,any'person serving as director of lihe non-profit organization or as trustee or beneficiary or trustor of the trust. 4, Please identify every person, including any agents, ~mployees, consultants, or independent contractors you have assigned to represent you before the City in this matler. Pf'o.vl ;!ve~Tett 5. Has any person. associated with this contract had any financial dealings with an official- of the City of Chula Vista as tt relates to this contract wtthin the past 12 months. Yes~ No~ -:,~ -~ If Yes, briefiy describe the nature of the financial interest the official.. mayhave in this contract. . --~ . .' . . . 'Have you made a contribution okl1ore~ $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No~ Yes ~ yes, which Council member? . 6. . 2ib Fourth Avenu~ Chula Vista Caliiornia Y1Y10 (01Y) OY1.5101 13-12 _.,...~._...-,._,,--~..-'- _....,.-_...~. --.-.~-_.--.-- ~:-~.:._..:...~,~ ,"-'. ( I ~!f?-. -r- . " p I ann n g & Building Planning Division Department Develo~pment Processing CITY OF CHULA VISfA APPLICATION APPENDIX B ." Disclosure Statement - Page 2 7. . Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal deb~ gift, loan, etc.) Yes _ No .;....---- ~ If Yes, which official" and what was the nature of item provided? Date: f'.-~?,- ~,:y . ..._~~~~~- ~ ;-/eM.. r.... AJVMJrPS VilJ. ~ Print or . type name of Contractor/Applic?nt , Person Is defined as: any individual, firm, co-partnership, joint venture, association, social ciub, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, distric~ or other political subdivision, -or any other group or combinatIon acting as a unit. ~ . - , . ',~, " ", Official Includes, but is not limited to: Mayor, Council member, I?lanning Commissioner',f,;ierriber of a board;:?;'~ commission, or committee of the City, employee, or staff members. . . ~ ~ " ~~ --~" ,. o .-~ ,-.- _,'3i 276 FO'J;~h ';VEnL:~ Ch..da Vis:a ! Ca,lifortda 13-13 ;, i :; 1 G (6i:i; 6=1~5:Ui .'~,"" DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated into the ordinance by this reference, and for the purpose of general description consists of one parcel totaling one acre, located at 696 Naples Street ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 28, 2006, a Zone Modification application was filed by Health Advances, USA, ("Applicant") with the Planning and Building Department of the City of Chula Vista, requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to change the Project Site zone designation from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) to the ILP, Limited Industrial, Precise Plan and adopting Precise Plan Standards to guide the redevelopment of the Project Site ("Project"); and C. Prior Approvals WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution amending the Chula Vista General Plan, which included the re-designation of the project site from Residential Medium (6-11 d.u./ac.) to Limited Industrial; and D. Planning Commission Record on Application WHEREAS, the Planning Department set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 25, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 6-0-1-0 to recommend that the City Council approve the zone district re-designation, including the Precise Plan Standards in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on July 25, 2007, and the minutes and resolution resulting therefrom, are incorporated into the record of these proceedings; and 13-14 Ordinance Page 2 E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries ofthe Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on August 14,2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staff's presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to approve the zone redesignation and Precise Plan standards and adopt a Precise Plan, in accordance with the findings listed below; and II. The City Council of the City Chula Vista ordains as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR 05-01. Thus, no further environmental review or documentation is necessary. B. Independent Judgment of the City Council WHEREAS, the City Council has exercised its independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that no further environmental review is necessary. C. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, as approved on 12/13/05, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) zone, to the ILP (Limited Industrial, Precise Plan) zone, as represented in Exhibit "B". E. Precise Plan Findings 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan standards contained in attached Exhibit "B" will have a positive impact on the surrounding neighborhood because the proposed standards allow the applicant to modify the project to be more compatible with adjacent residential development 13-15 Ordinance Page 3 presently existing in the area. The surrounding area includes single-family dwellings to the east, a school to the south, industrial buildings to the north and a railroad with adjacent mobile homes on the west. This development will establish new standards, which are appropriate for the area, providing more of a transition between existing single-family and light industrial development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: (a) The City Council fmds that the property is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the adjacent area to coexist with this land usage, which might otherwise prove incompatible. A rezone to the ILP zone is the most effective way of establishing industrial development standards in a manner that complies with the City's General Plan and Zoning Ordinance. (b) Council also finds that the adoption of the Precise Plan standards will allow the project to be designed with a more appropriate transition between it and adjacent single family development, helping buffer the adjacent homes from this use by incorporating walls and landscaped setbacks, as well as moving roll-up doors and truck access to the rear of the building. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the standards normally required in the IL zone would limit the ability of the Applicant to propose a design which: (a) Meets the goal of buffering the single family residential uses to the east by providing a more significant landscaped buffer along that property line. (b) Provides for truck access to the rear of the building by moving the truck maneuvering space to the south side of the property. These requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Yista. The project has been designed and evaluated in accordance with the goals and objectives of the General Plan. The Precise Plan, as described above, will allow the project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. F. The Precise Plan and Precise Standards as depicted in Exhibit "B" are hereby adopted and are supported by the required findings (CYMC Section 19.56.041, as outlined in Section II (E) above. 13-16 Ordinance Page 4 III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by James D. Sandoval Planning and Building Director Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Standards 13-17 Ordinance Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 14th day of August, 2007, by the following vote: AYES: COWlcilmembers: NAYS: Councilmembers: ABSENT: COWlcilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. _ had its first reading at a regular meeting held on the 14th day of August, 2007 and its second reading and adoption at a regular meeting of said City Council held on the _ day of ,2007. Executed this _ day of ,2007. Susan Bigelow, MMC, City Clerk 13-18 CC CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Health Advances USA ZONE MODIFICATION PROJECT Request: Change zone from 1.0 acres lot from R3P9 (Apartment ADORESS: 696 Naples SI. Residential Precise Plan 9 d.u./ac.) to IL (Limited Industrial). SCALE: FILE NUMBER: . NORTH No Scale PCZ-06-06 Related cases: 15-06-019, DRC-06-22 L:IGabe FilesILocatorslpcz0606_zoning-modiflcation.cdr 07.12.07 1 3 -1 9 . .. ~ _ \ L\....o":)- I-lex'(\, \"3 Drcflnar>ce.. PWcacYi~ ~~s DRAFT EXHIBIT B Precise Plan Standards I. SCENARIO I - FOR REMODEL OF EXISTING FACILITY: Under this scenario, which could involve the remodel, expansion or alteration of the existing facility, the following Precise Plan Standards shall apply: I. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuvering areas, etc, shall be relocated to the west side of the building. b. All new structures shall observe the required building setbacks prescribed in Section 19.44 of the CYMC. c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CYMe. d. Outdoor storage shall be properly screened from view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shall be located on the south or east sides of the building. e. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. All uses involving inflammable and explosive materials shall be subject to initial and continued compliance with all applicable local and state uniform building codes. 2. Landscaping: a. A twenty-foot landscape buffer shall be provided from the property line along Naples Street and a ten-foot landscape buffer (5 ft. on-site and 5 ft. in the public street right-of-way) shall be provided from the property line along Colorado Street, as prescribed by CYMC 19.44.120. b. A five-foot wide planter including a row of treesl shrubs shall be installed along the west property line to screen the loading/unloading facilities from trolley passengers' view. 3. Walls/Fencing: a. A six foot wall or fence may be located at any part of the lot, except that in the front yard and exterior side yards, they must comply with setback requirements, unless said fence is constructed of open, decorative material such as wrought iron, and subject to review of the Zoning Administrator. 7/25/07 1 /2-:2-0 Setback requirements are twenty feet from the south property line for the front yard and fifteen feet from the east property line for the exterior side yard. The wall/fence design shall be coordinated with the landscaping program. 4. Building Design: a. The exterior of the building shall be treated with stucco or other finish material more compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. b. Under this scenario, the existing roll-up doors along the east side of the building shall be relocated to the west side of the building. c. An architectural element, such as an entry tower or similar structure, shall be installed over the main entrance of the building. d. The roof of the building shall be painted to complement the exterior finish colors. 5. Signage: a. One wall mounted, non-illuminated business identification sign is permitted on the Naples Street side of the building. The size shall be limited to 1 square foot per lineal foot of building frontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- illuminated freestanding sign is permitted. The sign shall feature opaque background with individual letters. Colors and materials shall match the building design and finish treatment. The sign must comply with the sight visibility requirements of the CYMe. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. II. SCENARIO II - FOR COMPLETE REDEVELOPMENT OF THE SITE Under this scenario, the existing building is removed in its entirety and new industrial development is built. For this scenario, the following Precise Plan Standards apply: 1. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuverings shall be located on the west side of the building. 7/25/07 2 /3-)./ b. All new structures shaIl observe the required building setbacks prescribed in Section 19.44.080 of the CYMC c. Design and location of trash enclosures shaIl comply with Section 19.58.340 of the CYMC. d. Outdoor storage shaIl be properly screened from view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shaIl be located on the south or east side of the property abutting the residential neighborhood across Colorado street. e. Parking lot screening consisting of a combination of decorative waIls, and landscaping, shall be provided along public streets. f. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. All uses involving inflammable and explosive materials shaIl be subject to initial and continued compliance with all aPl?licable local and state uniform building codes. 2. Landscaping a. A twenty-foot landscape buffer shaIl be provided from the property line along Naples Street and a fifteen-foot buffer shaIl be provided from the property line along Colorado Street, as prescribed by CYMC 19.44.120. b. A five-foot wide landscape buffer with a row of trees! shrubs shaIl be instaIled along the west property line to screen the loading unloading activities from troIley passengers' view. 3. W aIls/F encing: a. a. A six foot wall or fence may be located at any part of the lot, except that in the front yard and exterior side yards, they must comply with setback requirements, unless said fence is constructed of open, decorative material such as wrought iron, and subject to review of the Zoning Administrator. Setback requirements are twenty feet from the south property line for the front yard and fifteen feet from the east property line for the exterior side yard. The walI/fence design shall be coordinated with the landscaping program. 4. Building Placement and Design: a. Building(s) shaIl be located along the east setback line to the extent feasible, aIlowing for loading and unloading facilities and activities on the west side of the building, and driveways, waIls and landscaping on the east side of the building. b. Building design shaIl resemble an office building as viewed from Colorado Street. 7/25/07 3 /3 ~>>- c. Building design and finish treatment shall be compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. d. Building entrance shall be identified architecturally with a tower like structure projecting above the roofline. e. East side of the building shall be designed to include an office building facade along the east side of the property, facing the residential neighborhood across Colorado Street. 5. Signage a. One wall mounted, non-illuminated business identification sign is permitted on each side of the building. The size shall be limited to 1 square foot per lineal foot of building frontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- illuminated freestanding sign is permitted. The sign shall feature opaque background with individuai letters. Colors and materials shall match the building design and finish treatment. The sign must comply with the sight visibility requirements of the CYMC. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. 7/25/07 4 /3 -~3 'i? - \ <-\.-0 ":j- \-tel'n \"3 DrCrl na"ce. 1-\Jdo..c*1 ~ 0J.TV-e.dirj'<'-5 \ \ < .. ~..,.,.. ...... /{ .../.C..._...._ '_-"""-'" '.' ~ . _. ~ - '7 DRAFT L~".Z._~~l!!U' B J -7 ,('.--;7 , . (._-/'2-..--/ Precise Plan Standards L SCENARlO I - FOR REMODEL OF EXISTING FACILITY: Under this scenario, which could involve the remodel, expansion or alteration of the existing facility, the following Precise Plan Standards shall apply: L Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuvering areas, etc, shall be relocated to the west side ofthe building. b. All new structures shall observe the required building setbacks prescribed in Section 19.44 of the CVMC. c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CVMC. d. Outdoor storage shall be properly screened from view with decorative type fencing material to match the building, pursuant to CVMC Section 19.44.150. No outdoor storage shall be located on the south or east sides of the building. e. Fire and Explosive hazard: Prohibited uses pursuant to CVMC Section 19.44.050 shall not be pennitted on the premises. All uses involving inflammable and explosive materials shall be subject to initial and continued compliance with all applicable local and state uniform building codes. 2. Landscaping: a. A twenty-foot landscape buffer shall be provided from the property line along Naples Street and a ten-foot landscape buffer (5 ft. on-site and 5 ft. in the public street right.of.way) shall be provided from the property line along Colorado Street, as prescribed by CVMC 19.44.120. b. A five.foot wide planter including a row of treesl shrubs shall be installed along the west property line to screen the loading/unloading facilities from trolley passengers' view. 3. Walls/Fencing: a. A six foot wall or fence may be located at any part of the lot, except that in the front yard and exterior side yards, they must comply with setback requirements, unless said fence is constructed of open, decorative material such as wrought iron, and subject to review of the Zoning Administrator. . 7/25/07 1 Setback requirements are twenty feet from the south property line for the front yard and fifteen feet from the east property line for the exterior side yard. The wall/fence design shall be coordinated with the landscaping program. 4. Building Design: a. The exterior of the building shall be treated with stucco or other finish material more compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. b. Under this scenario, the existing roll-up doors along the east side of the building shall be relocated to the west side of the building. c. An architectural element, such as an entry tower or similar structure, shall be installed over the main entrance of the building. d. The roof of the building shall be painted to complement the exterior finish colors. 5. Signage: a. One wall mounted, non-illuminated business identification sign is permitted on the Naples Street side of the building. The size shall be limited to I square foot per lineal foot of building frontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- illuminated freestanding sign is permitted. The sign shall feature opaque background with individual letters. Colors and materials shall match the building design and finish treatment. The sign must comply with the sight visibility requirements of the CYMC. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. II. SCENARIO II - FOR COMPLETE REDEVELOPMENT OF THE SITE Under this scenario, the existing building is removed in its entirety and new industrial development is built. For this scenario, the following Precise Plan Standards apply: 1. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuverings shall be located on the west side of the building. 7/25/07 2 , b. All new structures shall observe the required building setbacks prescribed in Section 19.44.080 of the CVMC c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CYMC. d. Outdoor storage shall be properly screened from view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shall be located on the south or east side of the property abutting the residential neighborhood across Colorado street. e. Parking lot screening consisting of a combination of decorative walls, and landscaping, shall be provided along public streets. f. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. All uses iovolving ioflammable and explosive materials shall be subject to initial and continued compliance with all aPl'licable local and state uniform building codes. 2. Landscapiog a. A twenty-foot landscape buffer shall be provided from the property line along Naples Street and a fifteen-foot buffer shall be provided from the property line along Colorado Street, as prescribed by CYMC 19.44.120. b. A five-foot wide landscape buffer with a row of trees/ shrubs shall be installed along the west property line to screen the loading unloading activities from trolley passengers' view. 3. Walls/Fencing: a. a. A six foot wall or fence may be located at any part of the lot, except that in the front yard and exterior side yards, they must comply with setback requirements, unless said fence is constructed of open, decorative material such as wrought iron, and subject to review of the Zoniog Administrator. Setback requirements are twenty feet from the south property line for the front yard and fifteen feet from the east property line for the exterior side yard. The wall/fence design shall be coordinated with the landscaping program. 4. Building Placement and Design: a. Buildiog(s) shall be located along the east setback lioe to the extent feasible, allowing for loading and unloading facilities and activities on the west side of the building, and driveways, walls and landscaping on the east side of the building. b. Buildiog design shall resemble an office building as viewed from Colorado Street. 7/25/07 3 . c. Building design and finish treatment shall be compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. d. Building entrance shall be identified architecturally with a tower like structure projecting above the roofline. e. East side of the building shall be designed to include an office building facade along the east side of the property, facing the residential neighborhood across Colorado Street. 5. Signage a. One wall mounted, non-illuminated business identification sign is permitted on each side of the building. The size shall be limited to I square foot per lineal foot of building frontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- illuminated freestanding sign is permitted. The sign shall feature opaque background with individuai letters. Colors and materials shall match the building design and finish treatment. The sign must comply with the sight visibility requirements of the CYMe. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. 7/25/07 4