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HomeMy WebLinkAboutReso 2009-224 Recording requested by: City ofChula Vista pg l~F Nf lco~ DOC # 2011 -0100367 11111111111111111111111111111111 11111111111111111111111111111111111111 FEB 23, 2011 8:48 AM After recording retu rn to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 919]0 Attn: E. Briggs OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE trnes! J. Dronenburg. Jr.. COUNTY RECORDER FEES: 0.00 PAGES: 18 9198 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 This spacefor Recorder's use on(v Resolution No. 2009-224 Document Title 9199 RESOLUTION NO. 2009-224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SECTIONAL PLANNING AREA PLAN INCLUDING PLANNED COMMUNITY D1STR]CT REGULAT]ONSIDES]GN PLAN (FORM BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PROGRAM AND OTHER REGULATORY DOCUMENTS ON 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OT A Y RANCH WHEREAS, the property whieh is the subject matter of this resolution is identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Eastern Urban Center (Propcrty); and WHEREAS, on March 24, 2004, by Resolution No. 2004-]65, the City Council amended Part II, Section E.l of the Otay Ranch General Development Plan to allow for the submittal of Sectional Planning Area Plans on propcrties comprising less than the whole of a village; and WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for a portion of the Eastern Urban Center (Project Site) was filed with the City of Chula Vista Planning and Building Department on April 14, 2006, by McMillin Otay Ranch LLe. Applicant); and WHEREAS, the application requests consideration of the Eastern Urban Center SPA Plan including: Planned Community District Regulations/Design Plan (Form Based Code); Public Facilities Finance Plan; Aftordable Housing Program; Sustainability Element, Parks Master Plan and other regulatory documents on 207 acres of land in the Eastern Urban Center; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan (PCM-06-08) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property OVl'Ilers within 500 feet of the exterior boundaries of the Project Site at least tcn days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 26, 2009, in the Council Chambers located in the Administrative Building, 276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to adopt Planning Commission Resolution PCM-06-08 recommending to the City Council adoption of the Eastern Urban Center Sectional Planning Area Plan; and Tt-ilf? !~j9T~bJMENf 113 A fl'U.l1; ~I\JB 66RRECT COPY OF THE ORIGINAL THEREOF ON FILE IN THE OFFIC~~F T. E CHULA VISTA CITY CLERK. DATE: ~ 'I BY: (J .Resolution No. 2009-224 Page 2 . 9200 WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed action to adopt the SPA Plan (PCM-06-08) and determined that adoption would result in a significant impact to the environment, therefore, a Second Tier Environmental Impact Report (EIR-07-01) has been prepared; and WHEREAS, immediately prior to this action, the City Council reviewed and certified the Second-Tier Environmental Impact Report (EIR 07-01); and WHEREAS, a duly noticed public hearing was scheduled and held before the City Council of the City of Chula Vista to consider the adoption of this resolution adopting the Eastern Urban Center SPA Plan, and the adoption of an ordinance to adopt the SPA's Planned Community District RegulationslDesign Plan (Form Based Code) of the Eastern Urban Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 26, 2009, and the minutes and resolutions resulting therefrom, and from all prior meetings of the Planning Commission on this issue are hereby incorporated into the record of this proceeding. These documents, along with the proceedings and any documents submitted to the City Council as the decision makers, shall comprise the entire record of the proceedings pursuant to California Environmental Quality Act (CEQA) Section 2] 167.6 for any CEQA claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the adoption ofthe SPA Plan (PCM 06-08) would not have any new effects that were not examined in the certified Program EIR prepared for the Otay Ranch General Development Plan (ErR 90-01lSCH #89010154) and the General Plan Update EIR (EIR 05-0 I; SCH #2004081066) except as described and analyzed in the Second-Tier Final ElR 07-01. (CEQA Guidelines Section 15]68(c)(2). Ill. ACTION The City Council hereby finds and determines that the Otay Ranch Eastern Urban Center SPA Plan including: Planned Community District Regulations/Design Plan (Form Based Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, and Parks Master Plan, on 207 acres of land in the Eastern Urban Center is consistcnt with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Based upon this finding and the findings below, the City Council hereby adopts the Otay Ranch Eastern Urban Ccnter SPA Plan, subject to the conditions incorporated herein. By this action and its relatcd actions, the City Council also establishes the method of implementation of the SPA Plan as required by Chula Vista Municipal Code section 19.07.30. 9201 Resolution No. 2009-224 Page 3 IV. SPA PLAN FINDINGS A. THE OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The Otay Ranch Eastern Urban Ccntcr Sectional Planning Area (SPA) Plan reflects the urban land uses and urban land use pattern, pedestrian, transit and automobilc circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. The proposed Eastern Urban Center (EUC) SPA plan would contain both the number ofresidential units and the amount of non-residcntial space contemplated in these plans and clcment. It will also contain the number or amount of public facilities, such as recreational facilities and library space, contemplated by those plans. Its unique design will fulfill the intent of the City's General Plan and of the Otay Ranch General Devclopment Plan for a high- intensity, mixed-usc, focal point for Otay Ranch. 11 will also feature both regional and local transit services and promote alternative forms of transportation. It will be conditioned to provide, by purchase, requircd biological mitigation. EUC is also consistcnt with the goals and policies of these plans. It will provide an urban-density community, maximize pedestrian walkability, and support transit. B. THE PROPOSED OTAY RANCH EASTERN URBAN CENTER SPA PLAN WILL PROMOTE TIlE ORDERLY SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Eastern Urban Center SPA Plan and Public Facilities Finance Plan contains provisions and requirements to ensure the orderly, phased development of the project prior to or current with the need for said public facilities. Specifically, the EVC SPA Plan and Public Facilities Financing Plan (PFFP) provide for the financing and construction of public facilities concurrently with or prior to nccd. Part of the overall EVC project, including the SPA Plan and PFFP, is a development agreement pursuant to which the developer will assist with the cost of either a new fire station or the improvement of an existing nearby station. The developer will also assist in the provision of a library to servc the area. C. THE PROPOSED OTA Y RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. EUC is part of and consistent with the Otay Ranch Gcncral Development Plan, which was designed to avoid adverse effects on adjacent land use, residential enjoyment circulation or environmental quality. Furthermore, EUC is or will be surrounded by other existing or .Resolution No. 2009-224 Page 4 9202 planned urban uses, such as a shopping center and freeway, and its land uses have been designed and located to provide compatible development intensities adjacent to Birch Road, Eastlake Parkway and Village II. A comprehensive tmnsit planning program and street nctwork will serve the project and provide for access to off-site adjacent properties as well as regional circulation facilities. The SPA Plan follows existing environmental guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Eastern Urban Center Final Second-Tier Environmental Impact Report (ErR 07-01), to at least the levcls consistent with those contemplated by the Otay Ranch General Development Plan. Generally, EUC will be a showcase project for the use of environmentally sustainable design. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH. OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT W[LL MEET PERFORMANCE STANDARDS ESTABLISHED BY TI-IIS TITLE. Specific industrial and research uses are not currently proposed. However, the EUC SPA Plan includes a 25-acre business district that will allow up to 1,900,000 square feet of business uses. The SPA Plan and Form -Based Code include location, design and development standards to ensure that all development will be well -integrated into the mixed-use fabric of EUC. [n addition, the Form-Based Code requires design review, under standards consistent with those required, before actual construction may occur. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPR[ATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. EUC is part of and consistent with the Otay Ranch General Development Plan, which was designed to avoid these adverse effects. Furthermore, the EUC SPA Plan includes an clementary school, a fire station site, local urban parks-and recreational facilities, and community purpose facilities which will promote a pleasant, mixed-use environment and extensive pedestrian activity. Parks have been located to enhance accessibility and use, and will be improved to greater than normal standards using in-lieu fees under the parkland dedication ordinance. A pedestrian trail and transit route will connect to adjacent areas, allowing easy and pleasant transportation. Design controls will ensure that the density and scale of development on EUe's perimeter are compatible with adjacent surrounding areas. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. 9203 Reso]ution No. 2009-224 Page 5 The multi-modal transportation system depicted in the SPA Plan is consistent with the circulation system described in the City's General Plan and the Otay Ranch General Development Plan. It also contains adequate internal circulation, at appropriate levels of service, consistent v,ith the policies of the General Plan and General Deve]opment Plan. The associated PFFP assures that internal road improvements will be constructed concurrently v.-ith or prior to need. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). Both the City's Genera] Plan and the Otay Ranch General Development Plan~intend that EUC serve as a commercial hub for the region, providing business services and generating economic activity that would provide needed commercial services to future residents and visitors in the region. The EUC SPA Plan is consistent with that intent. The on-site retail is anticipated to serve mostly residents, but other commercial development can serve the broader region. One benefit of this arrangement will be to reduce the length of trips. Rcgiona] demand already exists for some of these services, such as a hotel. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The EUC Spa Plan is consistent with the City's General Plan and the Otay Ranch Genera] Development Plan, both of which were designed to assure the desired coordination and compatibility. EUC will accommodate transit facilities for the broader region, including the immediately surrounding area; will assist with the provision of a fire station or station improvements to help protect the surrounding area; will provide a pedestrian trail linking with surrounding areas; and will help provide a library that will serve, among others, the surrounding area. Much ofthe surrounding area has already been developed. V. CONDITIONS OF APPROVAL The conditions of approval of the Otay Ranch Eastern Urban Center SPA Plan are on file in the Office of the City Clerk, and incorporated in this Resolution and in the SPA Plan. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions [ail to occur, or if they are, by their terms, to be implemented and maintained over time, i[ any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seck damages for their violation. Resolution No. 2009-224 Page 6 9204 XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or morc terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be dccmcd to be automatically revoked and of no further force and effect ab initio. Approved as to form by ~ ~~ ~ /?' J.1 ._ U Bary. . Miesf~Y / city Attorney , ' // Gary albert, .E., AlCP Deputy City 1anager/ Development Services Director PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 15th day of September 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmcmbers: None ABSENT: Councilmembers: McCann cheJ A~ ATTEST: J~ ..iM ~MJJ Donna R. Norris, MC,'City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2009-224 was duly passed, approved, and adopted by the City Council at a regular meeting ofthc Chula Vista City Council held on thc 15th day of September 2009. Executed this] 5th day of September 2009. J~l^ K. ~MJr Donna R. Norris, CMC, City Clerk EXHlRIT A Legal DeseriJJtion of Mc1Vlillin ProJJerty "'lith Mall of' All of EUC 9205 REAL PROPERTY I" HIE CITY OF CHULA VISTA, SLATE OF CAUFOR1\IA DESCRIBED AS FOLLOWS, PARCEL3 OF PARCEL MAP NO. !S4SI.INTHE OTY OF CHULA VISTA. COU\TY OF S."'''' DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OFTlfE COUNTY RECORDER OF SAN DIEGO COUNTY, Mi\Y 31, LOCO, AS INSTRUMENT NO, 2Of)().2S,,6S4 or OFrlCIAL RECORDS E'{CEPTI NO THEREFROM THE UND DESCRIBED 1:\ THAT CERTAIN IRREVOCABLE OFFER OF DEUICATION OF FEE INTEREST HECORDED MA Y 22, 2003, i\S INSTRUMENT NO. 2003- ()6()4602. AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION OF FEE ',,-'TEREST RECORDED M.\ I' 22. 2003, AS INSTRU~!ENT NO. 20m. 0(,04603, AND CONVEYED TO TilE STATE OF CALlFORN!A BY GRANT DEED RECORDED MA Y :~2, 2003, AS INSTRUMENT NO. 2003.06C4607, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. .I / //> / / .' f i J 1 . \:'{O", \ n1RCri _-'--', . DJ,J \';~ "__ ",....:.. .---- \ ..-'~ j , , .~~ , \ \ \ \ .>-1 ~i 0.. ! wi v' <1'\ Ii i=i (0 1 <(I WI f I i ! '~-"'~--.L..._ I i---:8\RCH RD r I~ ____._ .'"""1..... ~--::.~'.. /'- --.::r-_ /-, (-"1-- I KESTREL \ FALLS DR I I i , I I I 1 I __~ I -I I j , I ( , '! BOt!: FlET::rlSR =~- 'ilIW I I -ii, j I \ / \ \ ./ . Parce!J "fl'~1 18"Sl Future ElK APi': 64H60.1 ~ I 1 f::E--~ , I j CROSSRO,t\DS ST I " i r~ 9206 Exhibit B SPA CONDITIONS OF APPROVAL FOR OT A Y RANCH EASTERN URBAN CENTRR The adoption of this SPA Plan is expressly conditioned upon tlie concurrent approval by the City Council of the Eastern Urban Center Development Agreement and the "Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center" ("Parks Agreement"). Applicant agrees and acknowledges that the conditions of approval for this SPA Plan are reliant upon the conditions in the Development Agreement and the Parks Agreement, and that the approval of the Development Agreement and Parks Agreement is a condition precedent to the effectiveness of the adoption of this SPA Plan. In the event the City does not approve the Development Agreement and the Parks Agreement, the adoption of this SPA Plan shall be null and void, and the City and the Applicant will meet in good faith to revise the conditions of approval to address the absence ofthc Development Agreement and the Parks Agrccment. If the Applicant elects to have the City reconsider the application for this SPA Plan in the absence of thc Development Agreement and the Parks Agreement, a new application need not be filed, but a new public hearing will he required. The City will havc sole and absolute discretion to consider the application at the new public hearing. 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For the purpose of this document "Developer" shall have the same meaning as "Applicant." 2. If any of the temls, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions and/or scek damages for thcir violation. 3. Devcloper shall indcmnify, protect, detend and hold the City its agents, officers and employees harmless from and against llilY and all claims, liabilities and costs, including attorney's fees, arising li'om challenges to the Final Environmental Impact Rcport, FEIR #07- 01, for the Project, the Eastern Urban Center Sectional Plan Area (SPA, PCM-06-08), and/or any and all entitlements issued by the City in connection with the Project. The Developer and the City agree that thc indemnity provisions contained in the Development Agreement and Parks Agreement satisfy this condition. 4. The Applicant shall comply with all requircments and guidelines of the City of Chula Vista Municipal Codc; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction p;J~1J}L9 9207 Standards; the Development Storm Water Manual for Development & Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of California Subdivision Map Act; the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Fire Department's Policies and Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Otay Ranch Wide Affordable I-lousing Plan; Otay Ranch Overall Design Plan; and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final EIR 07-01) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Eastcrn Urban Center Sectional Planning Area (SPA, PCM-99-07) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as amended from timc to time. 5. The Dcveloper shall comply and remain in compliance with the Air Quality Improvement Plan. 6. The Developer shall implement the l1nal WCP measures as approved by the City Council, and as may be amended from timc to time, and to comply and remain in compliance with the Water Conservation Plan. 7. Upon request of the Dircctor of Development Services, the Developer shall submit a revised SPA plan prior to the first l1nal map, which addresses a reallocation of residential units from District 9 to District 10 to reflect the relocation of the preferred school site to District 9. Said reallocation shall be approved by the City as an administrative revision. 8. The Developer shall implement to the satisfaction of the Director of Development Services all mitigation measures identified in Final EIR 07-01 (SCH No. 2007041074), thc-Findings of Fact and the Mitigation Monitoring and Reporting Program. 9. The Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyancc Schedule, as approved by City Council on June 4, 1996, or as amended from time to time by the City~ 10. The Developer shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Prcserve, as required by the RMP. Where an easement is conveyed, the Developer shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall be conveyed. Where an easement is granted, each final map is subject to a condition that fee title shall be granted upon demand by the POM. The developer further agrees to maintain and manage the Pll,ge 2 9L9 9208 offercd conveyance property consistcnt with Phase I and 2 RMP guidelines until such time when the POM has accepted the conveyance property. II. Prior to approval of the first final "B" map for the Project, at the request of the City Engineer, Developer shall take all necessary steps to include tbe Project area within Improvement Area "A" of the Otay Ranch Preservc Maintenance District (CFD 97-02). Land may be included in CFD 97-02 in a manner approvcd by the CitY7 12. The Devcloper shall obtain any necessary permits and comply with any applicable requirements of the California Department of Fish and Game, California State Watcr Resources Control Board, U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engincers. If required, for the Salt Creek Sewer Lateral improvement, Developer shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game or comply with the approved City of Cbula Vista MSCP Subarea Plan or other equivalent take permit/authorization applicable to tbe Project. 13. Street cross sections shall conform to those standards containcd in the Eastern Urban Center SPA Plan. Any design criteria shall conform to the Otay Ranch Street Sections contained in the document entitled Design Standards 2002 and the Subdivision Manual 2002 ("City Design Standards"). Any proposed variations from the City Design Standards, which are not addressed in thc SPA Plan shall be subject to approval by the City and indicated on the appropriate map and / or street improvement plans. 14. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runolT and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associatcd with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activitics. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall comply with the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's storm drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. 15. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan r~,;lgg""3 or 9 9209 prepared by a licensed engineering firm, which has been dekrmined to be qualified in the sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of Chula Vista Fire Department. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approvcd and indicated by the Fire Departmcnt during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle acccss consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. 16. The Developer shall develop a landscape concept, including a plant palette for the Eastern Urban Center that is consistent with the EUC SPA Plan and is distinguishable from other Villages to the satisfaction of the Director of Development Scrvices. 17. Developer shall comply with the provisions of thc City of Chula Vista Parks and Recreation Master Plan and EUC Urban Parks, Recreation and Open Space Plan as adopted and as it affects facilities and other related requirements for the Project's parks. 18. The Developcr acknowledges and agrees to comply with thc provisions of the City of Chula Vista Greenbelt Master Plan (September 16, 2003) as expressed in the EUe SPA Plan. 19. Developer agrees to construct and install devices, equipment and structures, at Developer's sole expense, necessary above and/or underground utilities to accommodate the required street trees within the pedestrian corridor as depicted in the SPA plan as determined necessary by the City Engineer. 20. The Eastern Urban Ccnter Project shall satisfy the requirements of the Parkland Dedication Ordinancc (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvcments per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Overall park obligation shall be mct through the payment of fees, dedication of land, or a combination thereof in a manner consistent with the following and in a manner acceptable to thc Director of Development Services: a. Applicant shall dedicate parkland and develop 12.88 net useable-acres of urban parks (Lots P-1, P-2, 1'-3, 1'-4, P-5, and P-6). Paoe 4 of9 ._~._...........- 9210 b. Applicant shall provide 2.75 acres of urban recreational facilities improvements (office plazas and jogging path/promenade) within areas 1, 4, and 8. c. Applicant shall satisfy the obligation of in lieu fees for 7.73 acres of parkland acquisition and parkland development obligation through thc reinvestment of 5.88 acres of fees into developed parkland (shall be reinvested into the previously mentioned 15.63 acres of parkland (12.88 acres of urban parks and 2.75 acres of urban recreational facilities)). Applicant shall also pay in lieu fees representing 1.85 acres of parkland acquisition and parkland development. 21. The Applicant may, subject to City Council approval, enter into a written agreement with the City identifying the Applicant's parkland acreage dedication, park development improvements and in lieu fee obligations, and the timing and method of satistying those obligations. If the Applicant and the City enter into such an agreement, the Applicant may satisfy its parkland dedication, improvement and in lieu fee obligations pursuant to the terms of that agreement. 22. Developer shall providc adequate land to accommodate a fire station and adequate land and/or space in a building to accommodate a public library per the terms of the Development Agreement. 23. The Developer shall install Chula Vista Transit facilities, which may inelude but not be limited to benches and bus shelters, in accordance with the improvement plans approvcd by the City. Since transit service availability may not coincide with project development, the Developer shall install said improvements when directed by the City. Each Developer, separately and individually, shall enter into (an) agreement(s) with the City prior to approval of that Developers' first final "B" map to ensure funding of these facilities. Said transit stops shall be designed in the manner consistent with the transit stop details and principles as described in the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and Director of Development Services. 24. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BRT) or other transit system, thc Developer shall enter into an agreement with the City which states that the Developer will not protest the formation of any potential future regional benefit assessment district formed to finance the fBR 1'1. 25. Prior to issuance of the 1400'}, market-rate dwelling unit building permit for the project, Applicant shall enter into an agreement with the City to provide affordable housing units as specific in the adoptcd with the timing identified in the EUC Comprehensive Affordable Housing Program (CAHP. 26. If required by the City, the Developer, separately and individually, shall enter into agreements with the City of Chula Vista, prior to approval of each Developer's first final "B" map within Eastern Urban Center, in order to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). E;1g<:..5 QL9 9211 27. If required by the County of San Diego, the Developer shall equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer shall enter into an agrcement, prior to approval of the first final map, with the City which states that the Dcveloper will not protest the formation of any potential future regional benefit assessmcnt district formed to finance correctional facilities. 28. Prior to approval of the first final map, thc Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program, pursuant to the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project, for thc preparation of an annual report monitoring the development of the community of Otay Ranch, pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP).. 29. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with evidcnce of certification by the CYESD that any fee, charge, dedication, or other requirements levied by the school district has been complied with or that the district has dctcrmined the fee, charge or other requirements docs not apply to the construction. 30. Prior to approval of each final map for private development on Lots 26 and 27, the Applicant shall provide evidence and proof of agreement from the Chula Vista Elementary School District that the site has not been determined by the district to be needed for use as a school site. 31. Pursuant to the provIsIOns of the Growth Management Ordinance (Section 19.09 of the CYMC) and the Otay Ranch Gcneral Development Plan (GDP), the Applicant shall complete the following: (1) Fund its fair share of the preparation of an annual report monitoring the development of the community of Otay Ranch. Thc annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commcnce following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying tinancing options for necessary facilities. 32. The Developer shall inelude maintenance of a proportional share of the Poggi Canyon channel, the Wolf Canyon open space, the water quality and dctention basins (the later in accordance with the "Maintenanee Plan for Wolf Canyon", dated July 15, 2004) in an open space maintenance district formed for Eastern Urban Center unless otherwise determined by the Director of Development Services. 33. The Developer shall be responsible for retaining a project manager to coordinate the processing of Eastern Urban Center discretionary permit applications originating from the fnb:','m6__{,!C9 9212 private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensurc a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience" including but not limited to land use planning and architecture. 34. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Developer shall prepare a five year dcvelopment phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 35. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Development Services and the City Engineer. 36. The Public facilities Finance Plan (PffP) for thc Eastern Urban Center or revisions thereto shall be adhered to for the Eastcrn Urban Center SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions eoneerning the location and rate of development within and outside of the Project area. Throughout the build-out of Eastern Urban Center, actual development may differ from the assumptions contained in the PffP. The PFFP itself does not grant the Developer an entitlement to develop as assumed in the PFFP, or limit Eastern Urban Center's facility improvemcnt requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Eastcrn Urban Center development patterns and the facility improvement requirements to serve such development. In addition, the sequence in whieh improvements are constructed shall correspond to transportation phasing plan for the City of Chula Vista or to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 37. The Developer shall enter into supplemental agreement(s) with the City, prior to approval of each fInal map for any phase or unit, whereby: a. The Developer agree(s) that the City may withhold building permits for any units in Eastern Urban Center in order to have the Project comply with the Growth Management Program; or, if any one of the following occur: (1) Regional development threshold limits set by a Chula Vista transportation-phasing plan, as amended from time to time, have been reached. (2) Traffic volumes, level of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth t.<lgC 7,.Q..L9 9213 Management Ordinancc and Growth Management Program and any amendments thereto. (3) The project's required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed in accordance with the project entitlements including the Development Agreement to the satisfaction of the City. The Developcr may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFPP may be amended atter review and approval by the City's Director of Development Scrvices and the City Engineer. The Developer agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for the Eastern Urban Center SPA if the project's required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program in accordance with the Development Agreement. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. b. The Developer agrees to defend, indemnify and hold harmless the City, its agents, officers and employees against any actions, claims or proceedings against the City. The Developer and the City agree that the indemnity provisions in the Development Agreement satisfy this condition. 38. The Developer shall submit electronic versions of all SPA documents. including text and graphics, to the Development Services Department in a format specified and acceptable to the Director of Devclopment Services. P.~lgc 8 Dt 9 , 9214 . Exhibit B AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTA Y RANCH LLC. RELATED TO EASTERN URBAN CENTER SPA APPROVAL The Property Owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer have each read, understood and agreed to the conditions containcd in Resolution No.2009-224, and will implemcnt same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No.2009-224 shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Dcveloper, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner/Developer's dcsire that the project, and the corresponding application for building permits andlor a business license, be held in abeyance without approval. Signaturc of Property Owner McMillin Otay Ranch, LLC A Delaware Limited Liability Company By: McMillin Companies, LLC, A Delaware Limited Liability Company It's: Manager By: Date: 11/1'7/10 tI/7/;ti , ro/)D ~;rI.It~/Veftl.l Date: It's: Attachment( s) PaO\; 9 of9 .__:;;;L::- _.... 9215 . TRUE COpy CERTIFICATION (Government Code 27361.7) StJrU 1J' 6, elf Place olExecution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. ~d-~( I Date ~~~. /1bf(!('L 3 Of fAJ / iff/ Fr:-r ru/(E Euc:!- Ihk!;1J 6'13-000- /8 E/rurlellJ C. A.~I Type or Print'Nam Rae. Form#R9 (8-17-971 RESOLUTION NO. 2009-224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SECTIONAL PLANNING AREA PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS/DESIGN PLAN (FORM BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PROGRAM AND OTHER REGULATORY DOCUMENTS ON 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Eastern Urban Center (Property); and WHEREAS, on Mazch 24, 2004, by Resolution No. 2004-165, the City Council amended Part II, Section E.1 of the Otay Ranch General Development Plan to allow for the submittal of Sectional Planning Area Plans on properties comprising less than the whole of a village; and WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for a portion of the Eastern Urban Center (Project Site) was filed with the City of Chula Vista Planning and Building Department on April 14, 2006, by McMillin Otay Ranch LLC. Applicant); and WHEREAS, the application requests consideration of the Eastern Urban Center SPA Plan including: Planned Community District Regulations/Design Plan (Form Based Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, Parks Master Plan and other regulatory documents on 207 acres of land in the Eastern Urban Center; and WHEREAS, the Planning Commission set the time and place for a heazing on said Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan (PCM-06-08) and notice of said heazing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to properly owners within 500 feet of the exterior boundaries of the Project Site at least ten days prior to the heazing; and WHEREAS, the heazing was held at the time and place as advertised, namely 6:00 p.m. August 26, 2009, in the Council Chambers located in the Administrative Building, 276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to adopt Planning Commission Resolution PCM-06-08 recommending to the City Council adoption of the Eastern Urban Center Sectional Planning Area Plan; and Resolution No. 2009-224 Page 2 WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed action to adopt the SPA Plan (PCM-06-08) and determined that adoption would result in a significant impact to the environment, therefore, a Second Tier Environmental Impact Report (EIR-07-O1) has been prepared; and WHEREAS, immediately prior to this action, the City Council reviewed and certified the Second-Tier Environmental Impact Report (EIR 07-01); and WHEREAS, a duly noticed public hearing was scheduled and held before the City Council of the City of Chula Vista to consider the adoption of this resolution adopting the Eastern Urban Center SPA Plan, and the adoption of an ordinance to adopt the SPA's Planned Community District Regulations/Design Plan (Form Based Code) of the Eastem Urban Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 26, 2009, and the minutes and resolutions resulting therefrom, and from all prior meetings of the Planning Commission on this issue are hereby incorporated into the record of this proceeding. These documents, along with the proceedings and any documents submitted to the City Council as the decision makers, shall comprise the entire record of the proceedings pursuant to California Environmental Quality Act (CEQA) Section 21167.6 for any CEQA claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the SPA Plan (PCM 06-08) would not have any new effects that were not examined in the certified Program EIR prepared for the Otay Ranch General Development Plan (EIR 90-01/SCH #89010154) and the General Plan Update EIR (EIR OS-O1; SCH #2004081066) except as described and analyzed in the Second-Tier Final EIR 07-O1. (CEQA Guidelines Section 15168(c)(2). III. ACTION The City Council hereby finds and determines that the Otay Ranch Eastern Urban Center SPA Plan including: Planned Community District Regulations/Design Plan (Form Based Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, and Parks Master Plan, on 207 acres of land in the Eastern Urban Center is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Based upon this finding and the findings below, the City Council hereby adopts the Otay Ranch Eastern Urban Center SPA Plan, subject to the conditions incorporated herein. By this action and its related actions, the City Council also establishes the method of implementation of the SPA Plan as required by Chula Vista Municipal Code section 19.07.30. Resolution No. 2009-224 Page 3 IV. SPA PLAN FINDINGS A. THE OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan reflects the urban land uses and urban land use pattern, pedestrian, transit and automobile circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. The proposed Eastern Urban Center (EUC) SPA plan would contain both the number of residential units and the amount of non-residential space contemplated in these plans and element. It will also contain the number or amount of public facilities, such as recreational facilities and library space, contemplated by those plans. Its unique design will fulfill the intent of the City's General Plan and of the Otay Ranch General Development Plan for ahigh- intensity, mixed-use, focal point for Otay Ranch. It will also feature both regional and local transit services and promote alternative forms of transportation. It will be conditioned to provide, by purchase, required biological mitigation. EUC is also consistent with the goals and policies of these plans. It will provide anurban-density community, maximize pedestrian walkability, and support transit. B. THE PROPOSED OTAY RANCH EASTERN URBAN CENTER SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Eastern Urban Center SPA Plan and Public Facilities Finance Plan contains provisions and requirements to ensure the orderly, phased development of the project prior to or current with the need for said public facilities. Specifically, the EUC SPA Plan and Public Facilities Financing Plan (PFFP) provide for the financing and construction of public facilities concurrently with or prior to need. Part of the overall EUC project, including the SPA Plan and PFFP, is a development agreement pursuant to which the developer will assist with the cost of either a new fire station or the improvement of an existing nearby station. The developer will also assist in the provision of a library to serve the area. C. THE PROPOSED OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. EUC is part of and consistent with the Otay Ranch General Development Plan, which was designed to avoid adverse effects on adjacent land use, residential enjoyment circulation or environmental quality. Furthermore, EUC is or will be surrounded by other existing or Resolution No. 2009-224 Page 4 planned urban uses, such as a shopping center and freeway, and its land uses have been designed and located to provide compatible development intensities adjacent to Birch Road, Eastlake Parkway and Village 11. A comprehensive transit planning program and street network will serve the project and provide for access to off-site adjacent properties as well as regional circulation facilities. The SPA Plan follows existing environmental guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Eastern Urban Center Final Second-Tier Environmental Impact Report (EIR 07-O1), to at least the levels consistent with those contemplated by the Otay Ranch General Development Plan. Generally, EUC will be a showcase project for the use of environmentally sustainable design. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. Specific industrial and reseazch uses are not currently proposed. However, the EUC SPA Plan includes a 25-acre business district that will allow up to 1,900,000 squaze feet of business uses. The SPA Plan and Form -Based Code include location, design and development standazds to ensure that all development will be well -integrated into the mixed-use fabric of EUC. In addition, the Form-Based Code requires design review, under standazds consistent with those required, before actual construction may occur. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. EUC is part of and consistent with the Otay Ranch General Development Plan, which was designed to avoid these adverse effects. Furthermore, the EUC SPA Plan includes an elementary school, a fire station site, local urban parks-and recreational facilities, and community purpose facilities which will promote a pleasant, mixed-use environment and extensive pedestrian activity. Parks have been located to enhance accessibility and use, and will be improved to greater than normal standards using in-lieu fees under the pazkland dedication ordinance. A pedestrian trail and transit route will connect to adjacent azeas, allowing easy and pleasant transportation. Design controls will ensure that the density and scale of development on EUC's perimeter aze compatible with adjacent surrounding areas. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Resolution No. 2009-224 Page 5 The multi-modal transportation system depicted in the SPA Plan is consistent with the circulation system described in the City's General Plan and the Otay Ranch General Development Plan. It also contains adequate internal circulation, at appropriate levels of service, consistent with the policies of the General Plan and General Development Plan. The associated PFFP assures that internal road improvements will be constructed concurrently with or prior to need. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). Both the City's General Plan and the Otay Ranch General Development Plan-intend that EUC serve as a commercial hub for the region, providing business services and generating economic activity that would provide needed commercial services to future residents and visitors in the region. The EUC SPA Plan is consistent with that intent. The on-site retail is anticipated to serve mostly residents, but other commercial development can serve the broader region. One benefit of this arrangement will be to reduce the length of trips. Regional demand already exists for some of these services, such as a hotel. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The EUC Spa Plan is consistent with the City's General Plan and the Otay Ranch General Development Plan, both of which were designed to assure the desired coordination and compatibility. EUC will accommodate transit facilities for the broader region, including the immediately surrounding area; will assist with the provision of a fire station or station improvements to help protect the surrounding azea; will provide a pedestrian trail linking with surrounding azeas; and will help provide a library that will serve, among others, the surrounding azea. Much of the surrounding azea has already been developed. V. CONDITIONS OF APPROVAL The conditions of approval of the Otay Ranch Eastern Urban Center SPA Plan are on file in the Office of the City Clerk, and incorporated in this Resolution and in the SPA Plan. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Resolution No. 2009-224 Page 6 XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented Gary II'albert,)a.E:, AICP Deputy City ~Glanager/ Development Services Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of September 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann ATTEST: D-1LLcGL o ~ O Donna R. Norris, MC, ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl Cox, yo I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-224 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 15th day of September 2009. Executed this 15th day of September 2009. ~~ ~ ~~ Donna R. Norris, CMC, City Clerk Approved as to form by Resolution No. 2009-224 Page 7 EXEIIBIT A Leeat Description of McMillin Property With Man of All of EUC REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP N0. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IItREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO.2003- 0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT N0.2003- 0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT' DEED RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2D03-0604607, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNL4. .i / PARCJ A /`^; " V1L.ACiE 12 PAALEL 2 FM 18de1 ~ ' plP.'31 RBAC ~ -. PAADLL a PM iBd87 ~ FUTURE E.U.D. ~ ~_ n ~' ~ AYN~ 84H-U20-19 r , o .a m 0 i m Y~ j iy~~ V A~ w , , 9~Dy ~' N \.' 4''i LDT 78 APNt 84-0-0: O-Oi r LOT 2J DYAY AAND?-I PAAP aB? '"' ^' z"'~ A.D. e. '18777 Resolution No. 2009-224 Page 8 Exhibit B SPA CONDITIONS OF APPROVAL FOR OTAY RANCH EASTERN URBAN CENTER The adoption of this SPA Plan is expressly conditioned upon the concurrent approval by the City Council of the Eastern Urban Center Development Agreement and the "Agreement Regazding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center" ("Parks Agreement"). Applicant agrees and acknowledges that the conditions of approval for this SPA Plan are reliant upon the conditions in the Development Agreement and the Parks Agreement, and that the approval of the Development Agreement and Pazks Agreement is a condition precedent to the effectiveness of the adoption of this SPA Plan. In the event the City does not approve the Development Agreement and the Parks Agreement, the adoption of this SPA Plan shall be null and void, and the City and the Applicant will meet in good faith to revise the conditions of approval to address the absence of the Development Agreement and the Parks Agreement. If the Applicant elects to have the City reconsider the application for this SPA Plan in the absence of the Development Agreement and the Parks Agreement, a new application need not be filed, but a new public hearing will be required. The City will have sole and absolute discretion to consider the application at the new public hearing. 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For the purpose of this document "Developer" shall have the same meaning as "Applicant." 2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions and/or seek damages for their violation. 3. Developer shall indemnify, protect, defend and hold the City its agents, officers and employees harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #07- 01, for the Project, the Eastern Urban Center Sectional Plan Area (SPA, PCM-06-08), and/or any and all entitlements issued by the City in connection with the Project. The Developer and the City agree that the indemnity provisions contained in the Development Agreement and Parks Agreement satisfy this condition. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction Pale 1 of9 Resolution No. 2009-224 Page 9 Standards; the Development Storm Water Manual for Development & Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of California Subdivision Map Act; the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Fire Departrnent's Policies and Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final EIR 07-01) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Eastern Urban Center Sectional Planning Area (SPA, PCM-99-07) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Pazks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as amended from time to time. 5. The Developer shall comply and remain in compliance with the Air Quality Improvement Plan. 6. The Developer shall implement the final WCP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Water Conservation Plan. 7. Upon request of the Director of Development Services, the Developer shall submit a revised SPA plan prior to the first final map, which addresses a reallocation of residential units from District 9 to District 10 to reflect the relocation of the preferred school site to District 9. Said reallocation shall be approved by the City as an administrative revision. 8. The Developer shall implement to the satisfaction of the Director of Development Services all mitigation measures identified in Final EIR 07-01 (SCH No. 2007041074), the-Findings of Fact and the Mitigation Monitoring and Reporting Program. 9. The Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from time to time by the City: 10. The Developer shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve, as required by the RMP. Where an easement is conveyed, the Developer shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall be conveyed. Where an easement is granted, each final map is subject to a condition that fee title shall be granted upon demand by the POM. The developer further agrees to maintain and manage the Pale 2 of 9 Resolution No. 2009-224 Page 10 offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. 11. Prior to approval of the first final "B" map for the Project, at the request of the City Engineer, Developer shall take all necessary steps to include the Project azea within Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD 97-02). Land may be included in CFD 97-02 in a manner approved by the City- 12. The Developer shall obtain any necessary permits and comply with any applicable requirements of the California Department of Fish and Game, California State Water Resources Control Board, U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. If required, for the Salt Creek Sewer Lateral improvement, Developer shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit/authorization applicable to the Project. 13. Street cross sections shall conform to those standards contained in the Eastern Urban Center SPA Plan. Any design criteria shall conform to the Otay Ranch Street Sections contained in the document entitled Design Standards 2002 and the Subdivision Manual 2002 ("City Design Standards"). Any proposed variations from the City Design Standards, which aze not addressed in the SPA Plan shall be subject to approval by the City and indicated on the appropriate map and / or street improvement plans. ]4. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall comply with the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's storm drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. 15. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan Page 3yf 9 Resolution No. 2009-224 Page 11 prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Mazshall, shall be submitted to for approval by the City Of Chula Vista Fire Department. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs eazlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first .layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. o, Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. 16. The Developer shall develop a landscape concept, including a plant palette for the Eastern Urban Center that is consistent with the EUC SPA Plan and is distinguishable from other Villages to the satisfaction of the Director of Development Services. 17. Developer shall comply with the provisions of the City of Chula Vista Pazks and Recreation Master Plan and EUC Urban Pazks, Recreation and Open Space Plan as adopted and as it affects facilities and other related requirements for the Project's parks. 18. The Developer acknowledges and agrees to comply with the provisions of the City of Chula Vista Greenbelt Master Plan (September 16, 2003) as expressed in the EUC SPA Plan. 19. Developer agrees to construct and install devices, equipment and structures, at Developer's sole expense, necessary above and/or underground utilities to accommodate the required street trees within the pedestrian corridor as depicted in the SPA plan as determined necessary by the City Engineer. 20. The Eastern Urban Center Project shall satisfy the requirements of the Pazkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local pazks are comprised of community pazks and neighborhood parks. Overall park obligation shall be met through the payment of fees, dedication of land, or a combination thereof in a manner consistent with the following and in a manner acceptable to the Director of Development Services: a. Applicant shall dedicate pazkland and develop 12.88 net useable-acres of urban parks (Lots P-1, P-2, P-3, P-4, P-5, and P-6). P~4 of 9 Resolution No. 2009-224 Page 12 b. Applicant shall provide 2.75 acres of urban recreational facilities improvements (office plazas and jogging path promenade) within areas 1, 4, and 8. c. Applicant shall satisfy the obligation of in lieu fees for 7.73 acres of parkland acquisition and parkland development obligation through the reinvestment of 5.88 acres of fees into developed parkland (shall be reinvested into the previously mentioned 15.63 acres of parkland (12.88 acres of urban pazks and 2.75 acres of urban recreational facilities)). Applicant shall also pay in lieu fees representing 1.85 acres of pazkland acquisition and parkland development. 21. The Applicant may, subject to City Council approval, enter into a written agreement with the City identifying the Applicant's parkland acreage dedication, park development improvements and in lieu fee obligations, and the timing and method of satisfying those obligations. If the Applicant and the City enter into such an agreement, the Applicant may satisfy its parkland dedication, improvement and in lieu fee obligations pursuant to the terms of that agreement. 22. Developer shall provide adequate land to accommodate a fire station and adequate land and/or space in a building to accommodate a public library per the terms of the Development Agreement. 23. The Developer shall install Chula Vista Transit facilities, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project development, the Developer shall install said improvements when directed by the City. Each Developer, separately and individually, shall enter into (an) agreement(s) with the City prior to approval of that Developers' first final "B" map to ensure funding of these facilities. Said transit stops shall be designed in the manner consistent with the transit stop details and principles as described in the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and Director of Development Services. 24. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BRT) or other transit system, the Developer shall enter into an agreement with the City which states that the Developer will not protest the formation of any potential future regional benefit assessment district formed to finance the (BRT). 25. Prior to issuance of the 1400`h market-rate dwelling unit building permit for the project, Applicant shall enter into an agreement with the City to provide affordable housing units as specific in the adopted with the timing identified in the EUC Comprehensive Affordable Housing Program (CARP. 26. If required by the City, the Developer, separately and individually, shall enter into agreements with the City of Chula Vista, prior to approval of each Developer's first final "B" map within Eastern Urban Center, in order to participate, on a fair shaze basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). P?sge 5 of 9 Resolution Na. 2009-224 Page 13 27. If required by the County of San Diego, the Developer shall equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer shall enter into an agreement, prior to approval of the first final map, with the City which states that the Developer will not protest the formation of any potential future regional benefit assessment district formed to finance correctional facilities. 28. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program, pursuant to the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project, for the preparation of an annual report monitoring the development of the community of Otay Ranch, pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP).. 29. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with evidence of certification by the CVESD that any fee, charge, dedication, or other requirements levied by the school district has been complied with or that the district has determined the fee, charge or other requirements does not apply to the construction. 30. Prior to approval of each final map for private development on Lots 26 and 27, the Applicant shall provide evidence and proof of agreement from the Chula Vista Elementary School District that the site has not been determined by the district to be needed for use as a school site. 31. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1) Fund its fair share of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepaze a five year development phasing forecast identifying targeted submittal dates for future discretionazy applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standazds, and identifying financing options for necessary facilities. 32. The Developer shall include maintenance of a proportional share of the Poggi Canyon channel, the Wolf Canyon open space, the water quality and detention basins (the later in accordance with the "Maintenance Plan for Wolf Canyon", dated July 15, 2004) in an open space maintenance district formed for Eastern Urban Center unless otherwise determined by the Director of Development Services. 33. The Developer shall be responsible for retaining a project manager to coordinate the processing of Eastem Urban Center discretionary permit applications originating from the Pa,=e 6 of 9 Resolution No. 2009-224 Page 14 private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standazd of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have awell-rounded educational background and experience, including but not limited to land use planning and architecture. 34. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Developer shall prepare a five year development phasing forecast identifying tazgeted submittal dates for future discretionary applications (SPAS and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 35. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Development Services and the City Engineer. 36. The Public Facilities Finance Plan (PFFP) for the Eastern Urban Center or revisions thereto shall be adhered to for the Eastern Urban Center SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area. Throughout the build-out of Eastern Urban Center, actual development may differ from the assumptions contained in the PFFP. The PFFP itself does not grant the Developer an entitlement to develop as assumed in the PFFP, or limit Eastern Urban Center`s facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and mazket conditions, shall govern Eastern Urban Center development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to transportation phasing plan for the City of Chula Vista or to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 37. The Developer shall enter into supplemental agreement(s) with the City, prior to approval of each final map for any phase or unit, whereby: a. The Developer agree(s) that the City may withhold building permits for any units in Eastern Urban Center in order to have the Project comply with the Growth Management Program; or, if any one of the following occur: (1) Regional development threshold limits set by a Chula Vista transportation-phasing plan, as amended from time to time, have been reached. (2) Traffic volumes, level of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Pace 7 of 9 Resolution No. 2009-224 Page 15 Management Ordinance and Growth Management Program and any amendments thereto. (3) The project's required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed in accordance with the project entitlements including the Development Agreement to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended after review and approval by the City's Director of Development Services and the City Engineer. The Developer agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for the Eastern Urban Center SPA if the project's required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program in accordance with the Development Agreement. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. b. The Developer agrees to defend, indemnify and hold harmless the City, its agents, officers and employees against any actions, claims or proceedings against the City. The Developer and the City agree that the indemnity provisions in the Development Agreement satisfy this condition. 38. The Developer shall submit electronic versions of all SPA documents, including text and graphics, to the Development Services Department in a format specified and acceptable to the Director of Development Services. P~8 of 9 Resolution No. 2009-224 Page 16 Exhibit B AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTAY RANCH LLC. RELATED TO EASTERN URBAN CENTER SPA APPROVAL The Property Owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer have each read, understood and agreed to the conditions contained in Resolution No.2009-224, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No.2009-224 shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Developer, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner/Developer's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner McMillin Otay Ranch, LLC A Delaware Limited Liability Company By: McMillin Companies, LLC, A Delaware Limited Liab~ty Company It's: Manager ~ By: By: ~/' ~ It's: ~~ Date: ~b Date: ~ ~ ~ 7 ~~ Attachment(s) F?ei~~;e 9 of 9