1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Ripon
c/o Jane Kilgore,
Deputy City Clerk
259 N. Wilma Avenue
Ripon, CA 95366
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(MEADOWOOD)
This Second Amendment to Development Agreement (“Second Amendment”) is made and entered into this 8th day of April, 2025, between the City of Ripon, a Municipal Corporation (“City”), and Lennar Homes of California LLC (“Owner/Developer”). It is made with respect to the facts and circumstances set forth in the Recitals.
RECITALS
A. On or about February 13, 2018, the City of Ripon (“City”) and Owner/Developer entered into a Development Agreement for the development of certain real property in the City of Ripon (the “Subject Property”) which was recorded on July 3, 2018, as instrument No. 2018- 074286, Official Records of San Joaquin County, California, referred to as the “Development Agreement”;
B. Owner/Developer and City have agreed to amend the Development Agreement, to amend the HOA (Home Owners Association) and LMD (Landscape Maintenance District) provisions of the project in the Development Agreement.
C. The City finds and declares that this Second Amendment is consistent with the goals, policies, and objectives of the Ripon General Plan, as well as all other ordinances, policies and standards of the City.
D. The City further finds and declares that the requirements of the California Environmental Quality Act have been satisfied declaring the Meadowood project exempt from CEQA review pursuant to the CEQA Guidelines Section 15182, based on the following:
The Meadowood subdivision project is conforming to the NPSP as required by CEQA Guidelines Section 15182, including land use objectives and designations. The Project is within the scope of projects considered in the NPSP EIR, the EIR adequately analyzes all potential environmental impacts of the Meadowbrook 2 subdivision project, and the EIR provides adequate mitigation measures for significant environmental impacts.
Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not involve any environmental impacts that were not previously identified and analyzed in the NPSP EIR.
Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not increase the severity of any environmental impacts previously identified and analyzed in the NPSP EIR.
Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not require any mitigation measures other than those described in the NPSP EIR. As the Meadowood subdivision project does not meet any of the criteria set forth in CEQA Guidelines Section 15162, no additional environmental is required.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.a) Section 5.a (Project HOA Requirement), is hereby amended to read in full as follows:
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 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
2) Maintenance of all red-curbing and/or no parking signage throughout the project, as depicted on Attachment 8; and
3) 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.
4) 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. 3 Such language shall be submitted to the Planning Director, City Administrator and Chief of Police for review and approval.
2. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.d) Section 5.d (Landscaping Requirements for the Project), is hereby amended to read in full as follows:
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-oftract landscaping. 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 with an automatic sprinkler system that includes a smart irrigation controller. Owner/Developer further agrees to submit irrigation plans to the Planning Director and Building Official 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 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 4 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. 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.
6) 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 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. 7) 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. 5 3. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.e) Section 5.e (Project Fencing/Wall Plan), is hereby amended to read in full as follows:
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 on-site 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.
4. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.f) Section 5.f (Project Parking Requirements), is hereby amended to read in full as follows:
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.
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.
5. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 6.k) Section 6.k (Irrigation Facilities), is hereby amended to read in full as follows:
6 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 approval letter received from SSJID dated August 17, 2016 (attachment 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.
6. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (Attachments 6, 7, 9, 11, 12, and 25)
Attachments 6, 7, 9, and 11 are hereby amended as attached:
Attachment 6
Attachment 7
Attachment 9
Attachment 11
And attachments 12 and 25 are hereby being removed from the original Development 7 Agreement.
7. Other Terms and Condition Unaffected. Except as amended by this Second Amendment, all other terms and conditions of the original Development Agreement and the First Development Agreement Amendment shall remain in full force and effect, and shall not be deemed modified or waived by this Second Amendment.
CITY OF RIPON
_______ Date: ___________________________
DANIEL DE GRAAF, Mayor
Attest: Date: ___________________________
LISA ROOS, City Clerk
DEVELOPER
Lennar Homes of California, LLC
By:
Name: Date ___________________________
Title: _____________________