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HomeMy WebLinkAbout2022-02 PC Resolution PC RESOLUTION NO. 2022-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0780, A TENTATIVE PARCEL MAP (TPM 38189) TO SUBDIVIDE AN EXISTING LOT INTO TWO SEPARATE LOTS LOCATED ON THE SOUTHWEST CORNER OF WOLF STORE ROAD AND BUTTERFIELD STAGE ROAD.,AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES (APN: 960-030-013) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 3, 2021, Kevin Zenk filed Planning Application No. PA21-0780 a Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on January 5, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA21-0780, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that in accordance with Temecula Municipal Code Section 16.03.140 (Tentative Maps): A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan and City of Temecula Municipal Code. Tentative Parcel Map No. 38189 has been designed in a manner that is consistent with and meets all development and design standards of the General Plan, the Subdivision Ordinance, the Development Code, the Municipal Code, and the Vail Ranch Specific Plan. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. i The subject parcel does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land, and is not subject to the California Land Conservation Act of 1965. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The project consists of a Tentative Parcel Map on vacant property that is suitable and designated for commercial development, which is consistent with the Vail Ranch Specific Plan, General Plan, and Development Code. The proposed Tentative Parcel Map would subdivide a single parcel into two individual parcels. D. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed Tentative Parcel Map is eligible for a categorical exemption pursuant to section 15332 (In-Fill Development Projects) of the California Environmental Quality Act. The project consists of a Tentative Parcel Map on vacant property and does not propose any grading, construction or development. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no development is proposed as part of the Tentative Parcel Map. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project consists of a Tentative Parcel Map on vacant property and does not propose any grading or construction. As such, the project is not likely to cause public health problems. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project consists of a Tentative Parcel Map on vacant property and does not propose any grading or construction. Any future development on the project site will be in accordance with the requirements of the California Building Code in effect at that time as it relates to heating and cooling. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map: A. In accordance with the California Environmental Quality Act,the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, In-Fill Development Projects); (a)The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the applicable General Plan designation because service station and retail building uses are allowable uses within Planning Area 20 of the Vail Ranch Specific Plan. The project also meets all applicable General Plan and Zoning policies and regulations. (b)The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within City limits and is located on a site that is 2.15 acres in size. The proposed project is substantially surrounded by commercial buildings, residential development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The proposed Development Plan and Tentative Parcel Map are located on a project site that is located within an MSHCP criteria cell. As part of the entitlement on this site the project went through the HANS/JPR process with the Regional Conservation Authority in which JPR 21-05- 13-01 determined that the project is consistent with both the criteria and other plan requirements, no conservation of land was required, and that the project site does not contain any suitable habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project was required to prepare a Project-Specific Water Quality Management Plan (WQMP)that was reviewed and conceptually accepted for entitlement by City Staff as the WQMP meets the requirements of the City of Temecula. A traffic analysis was not required as part of this project as the proposed uses are allowed within the zoning district, and there is nothing unique about this project that would trigger the need for a traffic analysis. Therefore, the project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality as the project are allowed uses per the City of Temecula General Plan, and the zoning district. (e) The site can be adequately served by all required utilities and public services. The project site is surrounded by development and is able to be serviced by all required utilities and public services. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA21-0780, a Tentative Parcel Map (TPM 38189) to subdivide an existing lot into two separate lots located on the southwest corner of Wolf Store Rd. and Butterfield Stage Rd.,and makes a finding of exemption under Section 15332 of the California Environmental Quality Act(CEQA),subject to the Conditions of Approval set forth on Exhibit A,attached hereto, and incorporated herein by this reference. PASSED,APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of January, 2022. Gary Watts, Chai erson ATTEST- Lure Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2022-02 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of Janauary, 2022, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Telesio, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Turley-Trej Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA21-0780 Project Description: Tentative Parcel Map to subdivide an existing lot into two separate lots located on the southwest corner of Wolf Store Road and Butterfield Stage Road. Assessor's Parcel No.: 960-030-013 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A (non-residential) New Street In-lieu of Fee: N/A(not within the Uptown Temecula Specific Plan area) Approval Date: January 5, 2022 Expiration Date: January 5, 2025 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards,judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five (5) extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Vail Ranch Specific Plan. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the Subdivision Map Act and Temecula Municipal Code, upon written request, if made 60 days prior to the expiration date. Prior to Recordation of the Final Map 7. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 8. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet(ECS)shall be submitted to, and approved by, the Planning Division with the following notes: a.This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. 9. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 10. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 11. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 12. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 13. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 14. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearin 15. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not 16. maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the Temecula Municipal Code. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 17. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 18. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 19. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads,drives, parking areas,drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 20. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Parcel Map No. 38189 require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Deputy City Manager Approved as to Form: Peter M. Thorson City Attorney This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 21. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number 38189 requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearing) 22. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs,which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. This condition of approval only applies if the existing recorded CC&Rs are amended (COA Revised at 1.6.21 PC Hearin 23. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 24. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PUBLIC WORKS DEPARTMENT General Requirements 25. Subdivision Map. The developer shall submit a complete Final Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 26. Permit restriction. No permits shall be issued unless future Development Plan applications are submitted for approval. 27. Grading Permit. A grading permit for precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 28. Encroachment Permits. Prior to commencement of any applicable construction, an encroachment permit is required and shall be obtained from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way. 29. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 30. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 31. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision monumentation agreements and posted securities. 32. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 33. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District; b. Eastern Municipal Water District 34. Easements. Note the following: a. Private easements for cross-lot drainage shall be delineated and noted on the Parcel Map. b. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. c. Easements (when required for reciprocal ingress/egress, parking, roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Parcel Map. A note shall be added to the Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 35. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 36. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre-wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 37. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 38. Property Taxes. Any delinquent property taxes shall be paid. 39. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. 40. Drainage Easement. A dedication for a drainage easement and a temporary construction easement along the easterly property line for the Riverside County Flood Control and Water Conservation District Butterfield Stage Road Drain Interceptor outlet shall be recorded. Prior to Issuance of a Grading Permit 41. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District;or other affected agencies. 42. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 43. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 44. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL)determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 45. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance(O&M)Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement. 46. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24-hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 47. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 48. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 49. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 50. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. Prior to Issuance of Building Permit(s) 51. Final Map. Parcel Map Number 38189 shall be approved and recorded. 52. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. Prior to Issuance of a Certificate of Occupancy 53. Traffic. Prior to issuance of the first Certificate of Occupancy, the Developer shall post a $20,000 cash deposit to the City to monitor the traffic signal at the intersection of Butterfield Stage Road and Wolf Store Road. This cash bond will be held for one year and any unused amount will be returned to the Developer. The cash deposit can be used for: a. monitoring and evaluating traffic signal operations to determine potential traffic signal improvements, b. traffic counts, signal timing changes, traffic studies, traffic signal equipment, traffic signal improvements, and/or striping changes. 54. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 55. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 56. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 57. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.)for the completion of their respective facilities and provide to Public Works.