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FINAL DRAFT
MEADOWOOD DEVELOPMENT AGREEMENT
Exhibit “C”
Conditions of Approval
(March 5, 2018)
1. Project Development Fees:
City and Owner/Developer, its successors and assigns, agree that not withstanding any other provision of law, the imposition and accounting for these fees shall not be subject to the requirements of the Mitigation Fee Act (Government Code Sections 66000-66025).
Owner/Developer, its successors and assigns, waive any and all rights to protest or demand accounting of the fees imposed pursuant to this development.
Owner/Developer shall pay those fees in connection with the actual development of the Project as follows:
a. Public Facilities Financing Plan (PFFP) fees. Owner/Developer shall pay those fees identified in the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually. PFFP fee amounts shall be established at the time of the building permit application so long as the building permit is issued within one-hundred twenty (120) days of the application date, otherwise fees will be established based on the building permit issuance date. Fees shall be collected at time of gas utility connection approval for each single family residential unit. b. Building Permit Fee. Owner/Developer shall pay those fees associated with the issuance of a building permit (Building Permit, Plan check, Energy compliance, Plumbing, Mechanical, Electrical, SMIP, etc.), as indexed annually, at the time of Meadowood (4/3/20253/31/2025) - 21 -
issuance of a building permit for each residential unit. c. Garbage Fee. Owner/Developer agrees to pay a Garbage fee as identified on the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at time of gas utility connection approval for each single family residential unit.
d. School Mitigation Fee. Owner/Developer agrees to pay, at the time of issuance of a building permit, those fees adopted and imposed by the Ripon Unified School District. Fees listed in the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, are per Ripon Unified School District’s Development Impact Fee Study dated June 15, 2012, actual fees to be paid shall be those fees in affect at the time of issuance of a building permit. e. Fire Facilities Impact Fee. Owner/Developer agrees to pay, in lieu of the Fire Facilities Fee established in the Ripon Municipal Code Chapter 15.49 which is calculated on a square footage basis, the following flat fee for that development allowed in the zone designation of $2,971.00 per single family dwelling unit. The Fire Facilities Impact Fee shall be collected at time issuance of a building permit for each residential unit and will be annually indexed based on the Engineers News Construction Index as published by the City of Ripon Department of Planning and Economic Development.
f. County Facilities Fee. Owner/Developer agrees to pay a County Facilities Fee based on Fee Schedule 2017 (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at the time of issuance of a building permit for each single family residential unit.
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g. General Mitigation Fee. Owner/Developer agrees to pay a General Mitigation fee as identified on the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at time of gas utility connection approval for each single family residential unit.
h. Habitat Mitigation Fee. Owner/Developer agrees to pay a Habitat Mitigation fee of $8,905.00 per acre based upon 12.98 acres, and adjusted annually on January 1st, upon execution of the Subdivision Improvement Agreement. i. Benefit Assessment District Fee. Owner/Developer agrees to pay Benefit Assessment fees for each of the following APN’s (261-040-02, 261-650-24 and 261- 020-05) as shown in Attachments 2 through 4 to this Exhibit “C”. Benefit District Fees shall be paid upon execution of the Subdivision Improvement Agreement. j. Regional Transportation Impact Fee. Owner/Developer agrees to pay a Regional Transportation Impact Fee based on Fee Schedule 2017 (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at the time of issuance of a building permit for each single family residential unit. k. Engineering Fees. Owner/Developer agrees to pay an Engineering fee as identified on the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”. Engineering Fees shall be paid at time of execution of a Subdivision Improvement Agreement for the project.
l. North Pointe Subregional-Impact Fee. Owner/Developer shall pay those fees identified in the 2017 NPSP Fee Schedule (NPSP-17), as shown in Attachment 5 to this Exhibit “C”, and adjusted annually. NPSP fee amounts shall be established at the time of the building permit application so long as the building permit is issued Meadowood (4/3/20253/31/2025) - 23 -
within one-hundred twenty (120) days of the application date, otherwise fees will be established based on the building permit issuance date. Fees shall be collected at time of gas utility connection approval for each single family residential unit.
Furthermore, Owner/Developer shall be credited those fees identified in the 2017 NPSP Fee Schedule (NPSP-17), as shown in Attachment 5 to this Exhibit “C”, and adjusted annually, the corresponding PFFP Parks and Recreation Fee Credit against the Parks and Recreation Fee listed in the PFFP Fee Schedule (FS-17) shown in Attachment 1.
m. APN 261-020-05 Fee Credit. APN 261-020-05 has pre-paid some of the City of Ripon’s Public Facilities Financing Plan Fees on the property (Transportation, Water, Waste Water and Storm Drainage). The current value of those pre-paid fees in 2017 dollars is $268,756.50 for the portion of the property located on the east side of Goodwin Drive (approx. 1.82 acres). These fee credits will be applied towards the Transportation, Water, Waste Water and Storm Drainage fees due for each residential unit on this APN until all fee credits are exhausted. In 2017 dollars the amount of fees owed for Transportation, Water, Waste Water and Storm Drainage on the thirteen (13) homes planned on this APN is $299,091.00, which is a difference in transportation, water, waste water and storm drainage fees owed and fee credits on this APN of $30,334.51. Essentially the fee credits cover all transportation, water, waste water and storm drainage fees for 11.7 of the 13 residential units on APN 261- 020-05.
2. Easements:
Owner/Developer shall obtain, at Owner/Developer’s sole expense and subject to the Meadowood (4/3/20253/31/2025) - 24 -
provisions of this Agreement, if applicable, any and all easements or real property which may be required for the development of the real property of the Owner/Developer, and which may be necessary and required in order for Owner/Developer to comply with the terms of this Agreement, and the applicable ordinances and resolutions of the City.
3. Building Permit Cycles:
The City agrees to issue Eighty-eight (88) building permits in cycles over the term of this agreement beginning on January 1, 2019, until all permit allocations have been issued. This Agreement will cover two (2) cycles, with building permits issued at a rate of forty-four (44) building permits during cycle one and the final forty-four (44) building permits issued in the second and final cycle. The cycles will not commence until the following has occurred:
a. Cycle one (1) will not commence until all of the following improvements have been completed as follows:
1) The Final Map for the subdivision has been recorded and accepted by the Ripon City Council; and
2) The subdivision improvement agreement for the project has been approved by the Ripon City Council and has been recorded; and
3) All property pins for the project have been installed; and 4) The water system shall be completely installed, flushed, tested and the construction backflow preventer has been removed signifying a completed and sanitized water system. Additionally all hydrants on-site and off-site shall be functioning; and
5) The sewer system shall be completely installed, flushed, camera tested and pressure tested; and
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6) All on-site and off-site curb and gutter shall be installed; and 7) All on-site and off-site AB road base shall be installed and finish graded; and 8) All on-site and off-site street lights shall be functioning. b. Cycle two (2) will begin no sooner than January 1, 2020; upon completion of the first cycle; and after written notification by the Developer of its intent to begin the next cycle so long as the following conditions have been met:
1) All of the building permits have been pulled for cycle one (1) and at least fifty percent (50%) of the single family residential permits issued in cycle one (1) have received final inspection from the City Building Department; and 2) SSJID Facility lateral “V” has been undergrounded and accepted by the City of Ripon and SSJID; and
3) At least four (4) of the affordable units have received final inspection from the City Building Department; and
No residential unit shall receive a final until all of the following project conditions have been met:
a. All subdivision improvements shall be complete and accepted by the Ripon City Council, except for the undergrounding of lateral “V”, which shall be completed and accepted prior to issuance of permit number 45 for the development; and b. All requirements of the Subdivision Improvement Agreement have be met; and c. All eight (8) affordable units have been constructed and are ready for final inspection; and
d. A one (1) year maintenance bond has been received and accepted by the City of Ripon.
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In the event that building permits are not procured in the cycle term in which they were allocated (“expired permits”), Developer shall be required to re-apply for those building permits.
Expired building permits may be re-allocated to the project depending on availability within the City of Ripon Master Permit Allocation Schedule.
The model home complex may be started prior to all improvements being completed upon written approval by the City Engineer and the Ripon Fire Chief. Developer shall provide a plan and demonstrate that appropriate access and water for fire protection is available to all the model homes.
In the event that any of the building permits authorized herein have not been used by the end of the term of this Development Agreement, for any reason whatsoever, any such unused permits shall then immediately lapse, and the Owner/Developer will then be required to again apply for any required building permits previously authorized herein in the regular manner as provided by the ordinances, resolutions, and rules of the City of Ripon then in effect pertaining thereto.
4. Timing of Development:
It is understood and agreed by the Owner/Developer that in the event that the project’s development permit is not executed and construction of the project has not commenced at the end of calendar year 2021, the Owner/Developer will be in default and the Development Agreement shall be automatically terminated, without the need for any further action by the City, and the City may record a Notice of Termination or similar instrument. Notwithstanding the preceding sentence, the Owner/Developer may file a written request for a one-year extension of this expiration date, provided such request is filed no later than October 1, 2021. The City Council may grant or deny such extension in its sole discretion.
5. Project Development Requirements:
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Owner/Developer agrees to the following provisions for the development of the Project:
a. Project HOA Requirement. Owner/Developer agrees to set up an HOA for the project to cover and maintain the following:
1) Maintenance of all walls within the project, as depicted on Attachment 6; and 12) Maintenance of all common driveways within the project, as depicted on Attachment 7. Maintenance shall include all utilities located within the common driveway area, such as sewer lines, water lines to the point of connection at the City mainlines; and
23) Maintenance of all red-curbing and/or no parking signage throughout the project, as depicted on Attachment 8; and
34) Maintenance of all landscaping areas as depicted on Attachment 11, including all front yard and street side yard landscaping for corners lots and all parkways within the project. entry feature, as depicted on Attachment 9. 45) Due to the limited nature and challenges surrounding parking within certain medium density projects, the HOA shall include language within the HOA document to self-regulate and provide parameters regarding on-site parking.
Such language shall be submitted to the Planning Director, City Administrator and Chief of Police for review and approval.
b. Affordable Units. The Owner/Developer agrees to provide affordable housing units in compliance with the City of Ripon’s Affordable Housing Program (RMC Chapter
16.194). Any fraction thereof of an affordable unit shall be paid to the City of Ripon’s Affordable Housing Fund as an in lieu fee based on the parameters set forth in RMC Chapter 16.194. Placement of affordable units within the development shall Meadowood (4/3/20253/31/2025) - 28 -
be as approved by the Planning Director, City Administrator and Public Works Director. Owner/Developer may comply with the City’s Affordable Housing requirements by constructing attached townhomes (duets) on corner lots with zero lot line setbacks between the two units. A planned unit development application shall be required for any affordable unit proposed to be built as zero lot line townhouses on corner lots.
c. Lot Standards and Development Requirements.
1) All lots shall comply with the development standards as defined in the North Pointe Specific Plan. Lot setbacks and development standards shall be as defined by lot sizes as indicated in the North Pointe Specific Plan under sections 3.10 table 3-2 and 3.13, unless otherwise approved by the Planning Director. 2) Pursuant to the North Pointe Specific Plan section 3.13, Owner/Developer agrees that the project will have a minimum of four (4) different floor plans for the development.
3) Pursuant to the North Pointe Specific Plan section 3.13, Owner/Developer agrees to provide a minimum of four (4) different elevations for each floor plan and to make all exterior treatment options available at no extra cost. Owner/Developer further agrees that no two (2) lots located adjacent to each other shall have the same floorplan or architectural elevation type. Elevations shall incorporate four (4) sided architecture into their design and be consistent with the preliminary architectural theme as depicted in attachment 10. Elevations for each floorplan shall be submitted to the Planning Director, City Administrator and Public Works Director for review and approval and shall comply with all aspects of the North Meadowood (4/3/20253/31/2025) - 29 -
Pointe Specific Plan.
d. Landscaping Requirements for the Project. Owner/Developer agrees to provide a master landscaping plan for the entire development to include in-tract and out-of-tract landscaping. All areas depicted in Attachment 11 shall be owned and maintained by the HOA. Full landscaping plans shall be submitted to the Planning Director, City Administrator and Public Works Director for review and approval and shall comply with the requirements of the North Pointe Specific Plan (section 3.13, figures 3-18 and 3-19, section 4.5, and Tables 4-2, 4-3 and 4-4) and the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscapes. Furthermore all landscaping shall comply with the most current State of California Model Water Efficient Landscape Ordinance (MWELO).
1) Owner/Developer agrees to provide front yard and street side yard landscaping for corner lots withand an automatic sprinkler system that includeswith a smart irrigation controller. Owner/Developer further agrees to submit irrigation plans to the Planning Director and Building OfficialPublic Works Director for review and approval of compliance with the most current State of California Model Water Efficient Landscape Ordinance (MWELO) and for compliance with the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscape. Furthermore, all front yard and street side yard landscaping shall be maintained by the HOA.
2) Owner/Developer agrees to provide landscaping options as outlined in the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscapes for each residential lot. All options shall be made available at no Meadowood (4/3/20253/31/2025) - 30 -
extra cost, except that synthetic turf or hardscape options may be offered as an upgrade. Landscape plans shall be submitted for review and approval to both the Planning and Building Departments for each parcel within the subdivision. 3) Owner/Developer further agrees to install two (2) sleeves under the sidewalk where applicable throughout the development for each parcel for access to the potable and non-potable water services.
4) Owner/Developer further agrees to form an HOA which shall own and maintain all areas as depicted in Attachment 11. Additionally all parkways within the project as well as all front yard landscaping and side yard landscaping for corner lots shall be maintained by the HOA.
5) Owner/Developer further agrees to reimburse the City of Ripon for formation of a landscape maintenance district in order to maintain landscaping and irrigation for all areas as depicted in Attachment 9. All areas depicted in Attachment 9 shall be dedicated to the City of Ripon and will be maintained as part of the LMD by the City of Ripon. Such LMD shall include maintenance cost for all masonry and wrought iron fencing throughout the project as depicted on Attachment 6.medians and parkways along Fulton Avenue and Goodwin Drive as depicted in Attachment 12 to this Exhibit “C”. Owner/Developer also agrees to vote to be included in said maintenance district and the landscape maintenance district shall be formed prior to final acceptance of the subdivision improvements by the Ripon City Council.
65) Owner/Developer agrees to design and construct residential paseos as depicted on Attachment 13. The design and construction of the residential paseos as well as Meadowood (4/3/20253/31/2025) - 31 -
the tot lot shall be in accordance and compliance with the North Pointe Specific Plan (NPSP), specifically the requirements for residential paseos described in section 3.14 and depicted in figure 3.18. A detailed landscape and amenity design plan for the residential paseos and tot lot shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance and ownership of all such areas shall be covered by the HOA as depicted in Attachment 11.
76) Owner/Developer agrees to design and construct an entry feature to the subdivision at the main entrance from Fulton Avenue pursuant to requirements of the NPSP section 3.13. Such entry feature and design shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance and ownership of the entry feature area shall be covered by the HOA as depicted in Attachment 11. e. Project Fencing/Wall Plan. Owner/Developer agrees to design and construct project perimeter fencing and on-site yard privacy fencing as depicted in attachment 6. Final fencing design plan shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance of all fencing as depicted on Attachment 6 shall be covered by the LMD. All other onsite fencing shall be vinyl fencing as approved by the Planning Director, City Administrator and Public Works Director and fencing plans for each lot shall be submitted to the Planning Department for review and approval. Maintenance or replacement of all vinyl fencing on-site shall be covered by the HOA. All walls/fencing for the project as depicted in attachment 6 shall be included in an HOA Meadowood (4/3/20253/31/2025) - 32 -
to cover ongoing maintenance of said improvements.
f. Project Parking Requirements. Owner/Developer agrees to design and construct the project with the following parameters regarding on-site parking. 1) All common driveways as depicted in attachment 7 shall have a minimum paved width of thirty-two (32) feet pursuant to section 3.13 of the NPSP. Common driveways shall be separate lots that are owned and maintained by the HOA.
Additionally the road section in the area of the 9 unit courtyard, as depicted in attachment 25, shall be constructed with brick pavers pursuant to City of Ripon Standard ST-8A, unless approved otherwise by the City Engineer. Furthermore, all common driveways shall be constructed with brick pavers and/or concrete as approved by the Planning Director, City Administrator and Public Works Director.
2) All single family residential driveways for all eighty-eight (88) lots shall have a minimum depth of twenty (20) feet from the property line to the front of the garage door pursuant to Table 3-2 of the NPSP.
3) Project shall be red-curbed pursuant to attachment 8. Red-curb maintenance shall be included in the projects HOA.
g. Miscellaneous Features. Owner/Developer further agrees to provide the following:
1) Owner/Developer agrees to provide a 220 termination box located in the vicinity of the main electrical panel ready to be prepared for future service on the parcel for such amenities as pools, hot tubs, etc.
2) Owner/Developer agrees to provide separate heat/air units for each floor or a zoned system in all two-story residences, or equivalent as determined by the Meadowood (4/3/20253/31/2025) - 33 -
Building Department.
3) Owner/Developer agrees to provide finished garage interiors to include tape, texture and painted.
6. Subdivision Improvements: It is agreed and understood by Owner/Developer that all improvements which are outside the boundaries of the proposed Development, shall be constructed in accordance with City Standards as the same are in effect as of the date of this Agreement, and as required by the City Engineer of the City of Ripon. Owner/Developer shall confer with the City Engineer to determine the scope and nature of on-site and off-site improvements necessary to serve the Development, and shall enter into the appropriate subdivision improvement agreements with the City to secure performance of its obligations.
Owner/Developer may opt to phase certain improvements of the project. Such phasing shall be established and approved by the City Engineer within the required Subdivision Improvement Agreement.
Said improvements for the project shall include, but not necessarily be limited to the following:
a. Non-Potable Water System. A non-potable water system shall be installed throughout the project in accordance with city standards.
1) Non-potable water services shall be provided to every residential lot as determined by the City Engineer and in accordance with city standards, for future use. All non-potable water services shall be capped and locked off as approved by the City Engineer. 2) All non-potable water lines within the interior of the project shall be a minimum of 8”, as required by the City Engineer.
3) Owner/Developer further agrees to install a 12” non-potable water line within Fulton Avenue, connecting to the 12” non-potable water line at the intersection of Shasta Meadowood (4/3/20253/31/2025) - 34 -
Avenue and Fulton Avenue and extending to the southern boundary of the project improvements, as required by the City Engineer.
b. Utilities for all Courtyard Homes. Utilities (water and sewer) for all courtyard homes shall be designed so that any utility lines located within the common driveways are private lines.
Final utility design plan for all courtyard units shall be submitted to the City of Ripon’s Public Works Director and City Engineer for review and approval. All such utilities shall be maintained by the HOA.
c. Interior Streets. The interior streets of the project shall be designed using the 48’ ROW street section in accordance with RMC Chapter 16-142, City Standards ST-36 and in compliance with the North Pointe Specific Plan Figure 3-4 (Attachment 14). The street adjacent to the main paseo shall be designed using a 37’ ROW street section as depicted in attachment 15 and the sidewalk will be combined and included within the Main Paseo. The street section adjacent to the 9 unit courtyard home section shall be designed pursuant to attachment 16.
All interior streets within the project shall be designed using 6” vertical curb pursuant to City of Ripon Standard ST-21, unless otherwise approved by the City Engineer. d. Undergrounding of Utilities. Owner/Developer agrees to pay for the undergrounding of all existing and planned utilities within or immediately adjacent to the Development, and as required by City. This does not include the high voltage overhead MID power lines running through the project.
e. Fulton Avenue Dedication and Improvements. Owner/Developer agrees to dedicate and improve property along the frontage of the Project. Improvements shall be sufficient to provide for the full width, one-hundred two (102) foot right-of-way for Fulton Avenue, Meadowood (4/3/20253/31/2025) - 35 -
pursuant to RMC Chapter 16-142, City Standards ST-10 and in compliance with the North Pointe Specific Plan Figure 4-24 as shown in Attachment 17 of this Exhibit “C”.
Improvements along the project property frontage shall include, but not necessarily be limited to:
Construction/Installation of a six (6) foot masonry privacy fence per the approved fencing/wall plan (attachment 6) along Fulton Avenue across the property frontage; and
Construction/Installation of a thirty-four (34) foot landscaped buffer between the masonry privacy fence and sidewalk. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan; and
Construction/Installation of six (6) foot sidewalk along the west side of Fulton Avenue in accordance to City Standards ST-21; and
Construction/Installation of a ten (10) foot wide landscaped parkway strip with appropriate irrigation between Fulton Avenue and the six (6) foot sidewalk.
Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan section 4.5 and tables 4-2, 4-3 and 4-4; and
Construction/Installation of all necessary infrastructure to facilitate improvements to the full half width (west side improvements) of Fulton Avenue as determined by the City Engineer and in accordance with RMC Chapter 16-142, City Standards ST-10 and in compliance with the North Pointe Specific Plan Figure 4-24; and Meadowood (4/3/20253/31/2025) - 36 -
Construction/Installation of a fourteen (14) foot landscaped median with appropriate irrigation along the entire property frontage on Fulton Avenue. Such improvements shall extend from the existing SSJID turn-out at the northern end of the project limits to the existing median improvement located at the intersection of Fulton Avenue and Boesch Drive. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan section 4.5 and tables 4-2, 4-3 and 4-4.
f. Goodwin Drive Dedication and Improvements. Owner/Developer agrees to dedicate and improve property along the frontage of the Project. Improvements shall be sufficient to provide for the full width eighty-four (84) foot right-of-way for Goodwin Drive, pursuant to RMC Chapter 16-142 and in compliance with the North Pointe Specific Plan Figure 4-21 as shown in Attachment 18 of this Exhibit “C”. Improvements along the project property frontage shall include, but not necessarily be limited to:
Construction/Installation of an eight (8) foot masonry perimeter fence per the approved fencing/wall plan (attachment 6) along Goodwin Drive across the property frontage; and
Construction/Installation of a ten (10) foot landscaped buffer between the masonry perimeter fence and sidewalk. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan section 4.5 and tables 4-2, 4-3 and 4-4; and Construction/Installation of all necessary infrastructure to facilitate improvements to the full half width (east side improvements) of Goodwin Drive as determined by the Meadowood (4/3/20253/31/2025) - 37 -
City Engineer and in accordance with city standards; and Construction/Installation of a thirteen (13) foot landscaped median with appropriate irrigation along the entire property frontage on Goodwin Drive. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan figure 4-21. g. Dexter Way Improvements. Owner/Developer agrees to improve property along the frontage of the Project. Improvements along the project property frontage shall include, but not necessarily be limited to:
Construction/Installation of a fifteen (15) foot landscaped buffer between the existing northern curb of Dexter Way and the proposed masonry perimeter fence.
Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan; and Construction/Installation of an eight (8) foot masonry perimeter fence per the approved fencing/wall plan (attachment 6) along the property frontage of Dexter Way.
h. Secondary Access. Owner/Developer agrees to provide a temporary emergency access point for the project until such time as the planned secondary access can be completed with the adjacent property to the north. Location and design of said temporary emergency access shall be located along the main paseo in the project and shall connect with Dexter Way. The emergency access shall include a gate as depicted in attachment 19 and the design of the emergency access shall be approved by the Planning Director, City Administrator, Ripon Consolidated Fire District Chief, Ripon Police Department Chief and Public Works Director.
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Securities shall be put in place to appropriately abandon the temporary emergency access when necessary, as approved and agreed to in the Subdivision Improvement Agreement. i. Safe Routes to School Improvements. Owner/Developer agrees to provide the necessary improvements as identified in attachments 20, 21 and 22 to provide a safe route to school for their project. The final design for the required improvements shall be submitted to the City Engineer for final approval and all rectangular Rapid Flashing Beacons shall be AC powered.
Owner/Developer further agrees to provide an approved path of travel along the west side of Fulton Avenue to the Fulton Avenue/Colony Road roundabout safe route to school crossing as determined by the City Engineer to facilitate the safe route to school plan for their project.
Additionally, the Owner/Developer reserves the right to apply for a Local Benefit District pursuant to City of Ripon’s Municipal Code Chapter 16.216 for reimbursement of its proportionate share of improvements that benefit the north property. j. Street Lights and Lighting. Owner/Developer agrees to provide and pay for the costs of all street lights, lighting, and electrical costs, as may be required by the Ripon Lighting District, prior to acceptance of any portion of the project into the Ripon Lighting District. k. Irrigation Facilities. Owner/Developer shall be responsible for undergrounding and improvements to any South San Joaquin Irrigation District (SSJID) facilities on or near the Project, based upon consultation between the City, SSJID and Owner/Developer. For all required undergrounding and improvements, Owner/Developer shall provide improvement plans acceptable to SSJID and the City of Ripon. Without limiting the generality of the foregoing, Owner/Developer shall abandon SSJID facility “V-88dd” and underground SSJID facility lateral “V” with rubber gasket reinforced concrete pipe pursuant to the conditions of Meadowood (4/3/20253/31/2025) - 39 -
approval letter received from SSJID dated August 17, 2016 (attachmented 23).
Owner/Developer further agrees to improve any above ground irrigation control boxes by wrapping them in stone veneer (Attachment 24) or an alternative covering as approved by the City Engineer. All improvements required of Owner/Developer pursuant to this Section must be completed and/or appropriate improvement security provided prior to recording the Final Map for the Project. Additionally, the required undergrounding of lateral “V” can be deferred until half of the residential units for the project are built. Such improvement deferral shall include a plan depicting location of residential unit construction furthest from the SSJID lateral “V” as approved by the City Engineer.
Additionally, the Owner/Developer reserves the right to apply for a Local Benefit District pursuant to City of Ripon’s Municipal Code Chapter 16.216 for reimbursement of its proportionate share of improvements that benefit the north property that are not reimbursable through the NPSP Fee program.
l. Water Metering Devices. Owner/Developer agrees to install waters meters, meter setting devices and meter boxes for each unit in the development. Said water metering devices shall be of a type and quality as approved by the City Engineer. m. Public Utility Easement. Owner/Developer agrees to dedicate a ten (10) foot wide public utility easement (PUE) along the frontages of all streets, as approved by the City Engineer. Owner/Developer further agrees to provide cable, telephone, gas and electric to each residential unit.
n. Existing Private Wells and Septic Systems. Prior to construction of the project, Owner/Developer agrees that any existing private water wells within the Project shall be Meadowood (4/3/20253/31/2025) - 40 -
destroyed under permit and inspection by the San Joaquin County Environmental Health Division, and any existing septic tanks/systems shall be destroyed by inspection of the San Joaquin County Environmental Health Division.
7. Other Project Improvements and Requirements:
Owner/Developer further agrees to the following provisions for the development of the Project:
a. Demolition and removal of all existing structures. Owner/Developer agrees to demolish and remove all existing structures on the project site prior to receiving final approval of the subdivision improvements. Owner/Developer shall acquire appropriate demolition permits from the City of Ripon Building Department prior to removal of any structures. b. City of Ripon Public Safety Technology Improvements. Owner/Developer agrees to pay their proportionate share for City of Ripon Public Safety Technology Improvements. Such fees shall be used by the City to install and expand the City’s security video camera system, the City’s license plate reader system, etc. Fees shall be based on a per unit proportionate share basis for expansion of the existing system, which in 2017 dollars, amounts to $191.21 per unit. The Public Safety Technology fee shall be collected upon execution of the Subdivision Improvement Agreement and will be annually indexed based on the Engineers News Construction Index as published by the City of Ripon Department of Planning and Economic Development. Placement of such City Security Video Cameras, License Plate Readers, etc. shall be as approved by the Ripon Police Department.
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c. City of Ripon Traffic Safety. Owner/Developer agrees to install one (1) AC powered speed indicator sign along Fulton Avenue once all improvements are completed. The location and selection of the speed indicator sign shall be as approved by the Ripon Police Department. d. Construction Traffic. Owner/Developer agrees that, during any construction within or as part of the overall Development, all existing roadways as of the date of this Agreement shall, at all times, remain passable to a minimum of two lanes of traffic, one in each direction, unless as otherwise approved by the City Engineer. Owner/Developer shall also control any dust problems, which may occur in connection with the actual construction of the Project.
Owner/Developer further agrees that at any time the Ripon Police Department determines that there are insufficient useable traffic lanes or that a dust problem exists in the area of construction, Owner/Developer shall immediately cease work upon written demand of City until the traffic and/or dust problem is remedied.
e. Compliance With Other Conditions. Owner/Developer shall comply with all conditions of the approved Tentative Subdivision Map, as well as any mitigation measures imposed pursuant to the Mitigated Negative Declaration. Furthermore, Owner/Developer shall comply with all conditions and requirements of the North Pointe Specific Plan.