City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 06/13/2023
Subject: Deferred Improvement Agreement - Mohler
RECOMMENDED ACTION:
Staff is requesting that the City Council approve and authorize the Mayor to sign the attached Deferred Improvement Agreement with Gary and Amy Mohler BACKGROUND:
On December 19, 2022, the Planning Commission approved a tentative parcel map (PM22-79) for Gary Mohler. The subject property is located at the 1265 S. Mohler Road and is within current city limits. The actual property consists of approximately 17 acres of cherry orchard and an existing single-family farmhouse. The purpose of the tentative parcel map was to separate the existing residential farmhouse from the larger parcel (cherry orchard) to facilitate some estate planning for the Mohler family.
Due to its rural setting and lack of available public services, the applicant was required as a condition of approval to enter into a Deferred Improvement Agreement with the City of Ripon which will stipulate that all frontage improvements and connection to City services will be required when the larger parcel (cherry orchard) is developed.
DISCUSSION/ANALYSIS:
Per the conditions of approval for the tentative parcel map (PM22-79), Gary and Amy Mohler (owners) have agreed to sign the attached Deferred Improvement Agreement, which includes the “triggering event” language requiring Gary and Amy Mohler to construct their frontage improvements at such time the larger “agricultural parcel” is developed.
FISCAL IMPACT:
N/A
Attachments:
1. Exhibit A - Deferred Improvement Agreement
RESOLUTION NO. 23-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING THE DEFERRED IMPROVEMENT
AGREEMENT WITH GARY AND AMY MOHLER FOR
TENTATIVE PARCEL MAP 22-79
WHEREAS, the Planning Commission of the City of Ripon approved Tentative Parcel Map (PM22-79) on December 19, 2022 with certain conditions of approval, including the requirement to enter into a Deferred Improvement Agreement with the City of Ripon for certain property improvements, including but not limited to, an irrevocable offer of dedication of real property for future roadway improvements and a public utility easement; connection to City services, such as water and sewer; and installation of curb, gutter, sidewalk and roadway improvements across the property frontage; and
WHEREAS, the City Council of the City of Ripon wishes to enter into a Deferred Improvement Agreement with Gary and Amy Mohler for the required improvements pursuant to the approval of Tentative Parcel Map (PM22-79).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the Deferred Improvement Agreement with Gary and Amy Mohler is hereby approved and the Mayor is hereby authorized to execute the Deferred Improvement Agreement in the form attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of June, 2023, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Leo Zuber, Vice Mayor
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk