FGL
ENVIRONMENTAL AGRICULTURAL
Analytical Chemists
June 22, 2016
Kenneth D. Schmidt & Assoc. Lab ID : VI 1642101
600 W. Shaw Ave., Suite #250 Customer : 4-18180
Fresno, CA 93704
Laboratory Report
Introduction: This report package contains total of 6 pages divided into 3 sections:
Case Narrative (1 pages) : An overview of the work performed at FGL..
Sample Results (4 pages) : Results for each sample submitted.
Quality Control (1 page) : Supporting Quality Control (QC) results.
Case Narrative
This Case Narrative pertains to the following samples:
Date Date
Sample Description Received FGL Lab ID # [Matrix
Sampled
Airlift Casing: 113' Oper: 118' 06/02/2016 06/09/2016 VI 1642101-001 GW Pumped Casing: 113' Oper:| 18' 06/02/2016 06/09/2016 VI 1642101-002 GW Airlift Casing: 150' Drill:340 06/02/2016 06/09/2016 VI 1642101-003 GW Pumped Casing: 150' Drill:340' 06/02/2016 06/09/2016 VI 1642101-004 GW Sampling and Receipt Information: All samples were received in acceptable condition and within temperature requirements, unless noted on the Condition Upon Receipt (CUR) form. All samples arrived at 14 °C. All samples were prepared and analyzed within the method specified hold time. All samples were checked for pl if acid or base preservation is required (except for VOAs). For details of sample receipt information, please see the attached Chain of Custody and Condition Upon Receipt Form.
Quality Control: All samples were prepared and analyzed according to the following tables:
Radio QC
900.0 06/16/2016:208779 All analysis quality controls are within established criteria 06/15/2016:207001 All preparation quality controls are within established criteria Certification:: I certify that this data package is in compliance with ELAP standards, both technically and for completeness, except for any conditions listed above. Release of the data contained in this data package is authorized by the Laboratory Director or his designee, as verified by the following electronic signature.
KD:DMB
Approved By Kelly A. Dunnahoo, B.S.
Corporate Offices & Laboratory Office & Laboratory Office & Laboratory Office & Laboratory Office & Laboratory 853 Corporation Street 2500 Stagecoach Road 563 E. Lindo Avenue 3442 Empresa Drive Suite D 9415W Goshen Avenue Santa Paula: CA 93060 Stockton. CA 95215 Chico, CA 95926 San Luis Obispo, CA 93401 Visalia, CA 93291 TEL: (805)392-2000 TEL: (209)942-0182 TEL: (530)343-5818 TEL: (805)783-2940 TEL. (559)734-9473 VONFIOME JITTER EEN SARGO AN mainto nam
MEMO to DWR Grant Administrator
August 29, 2025
(Draft)
To: Jesus Mercado, Engineer, Water Resources
691 N. Laverne Ave. Suite 104
Fresno, CA 93727
Re: AGREEMENT NUMBER: 4600014544 for Small Water System Drought Relief Grant Dear Jesus,
The original project and grant agreement envisioned a project that would bring well water into the city from a location recommended by Hydrogeologist Dr. Ken Schmidt. The city negotiated with a landowner for an option to buy contingent upon finding potable water. A test well was planned and constructed. Unfortunately, the city engineer at the time did not obtain written concurrence from the Fresno County GSA, Alta Irrigation, or the City of Reedley.
As the project progressed, multiple attempts were made to meet with representatives from the GSA and Alta. The test well was completed before the meeting was held. At that meeting (8/29/25), both Alta and the GSA objected to the removal of water from the designated watershed since Orange Cove is outside of the boundary established for groundwater in that area. Although the City of Reedley was not at the meeting, the GSA representative was certain they would object This is a major setback for Orange Cove. The scope of work envisioned a well, pipeline, tank, and boost pumps. The money budgeted for those items may have to be shifted to allow for an alternate system concept. The City would like to attempt another test well closer to the city boundary at a depth not previously attempted by the shallow agricultural wells in the area.
The City of Orange Cove is requesting a change in the scope of work to allow for another test well near the City. The type of test well will be changed to allow for more bidders and hopefully a better timeline for completion. The hammer casing method used in the last well is limited to one contractor who still uses that type of equipment. When their rig was broken or tied up on another project, the City did not have any other option but to wait 7 months for start of construction. A reverse rotary well with zone testing of individual aquifers is the proposed method and multiple drillers will be able to bid this project. The cost is higher but well within the budget established for the project.
Please contact our Public Works Director, Dario Dominguez, or me if you have questions or need additional information.
Best Regards - Michael Giersch (City Engineer)
For the Meeting of December 10, 2025
CITY OF ORANGE COVE
REPORT TO CITY COUNCIL
To: Orange Cove City Council
From: Chris Howard, City Engineer
Subject: Acceptance of property dedication from Efrain Yanez Construction, Inc. to facilitate; 1) the construction of Tangerine Drive and 2) Water System Improvements associated with the construction of the new City Well / 1.0 Mgal.
Storage Tank Site.
Attachments: 1) Certification of Acceptance and 2) Easement Dedication Documentation for a portion of APN 398-021-07
RECOMMENDATION:
Staff recommends the City Council accept the subject property easement dedication associated with a portion of APN 398-021-07 totaling + 1,320 SF. The offer of dedication is being made by Efrain Yanez Construction, Inc. (EYC) for the purposes of right-of-way procurement for public streets and utilities.
The dedication is required by Fresno County as a condition of the issuance of an encroachment permit required to construct Tangerine Drive directly north of the proposed City Well / Tank site.
Upon acceptance of the dedication, the easement dedication documents will be recorded with Fresno County Accessors office.
BACKGROUND:
City staff has negotiated the subject dedication from EYC so that the proposed extension of Tangerine Avenue may be constructed and the required encroachment permit procured from Fresno County. The dedication will allow for the proposed extension to be constructed to its full width and length. The construction of Tangerine Avenue will improve accessibility and allow for construction of off-site improvements to serve the proposed water well and 1.0 M gallon tank site located directly to the south of the property owned by EYC.
On August 13, 2025 Council accepted the 1st Tangerine Drive easement dedication from EYC on the same parcel (APN: 398-021-07) capturing ‡19,730 SF. This 2nd dedication is a requirement identified by Fresno County during the encroachment permit procurement process capturing an additional ‡1,320 SF. The dedication will allow the City to construct the transition from the new Tangerine Drive to the existing Monson Avenue in a manner acceptable to the County.
FISCAL IMPACT:
None - The dedication is being made at no cost to the City.
ENVIRONMENTAL REVIEW:
Not Applicable
CONFLICTS OF INTEREST:
None
Acceptance of Property Dedication for Public Improvements APN: 378-021-07
Prepared by: Chris Howard, City Engineer Approved by: Samuel A. Escobar REVIEW: Chris Howard, City Engineer Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
Redevelopment Agency
Office of the City Clerk
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated November 21, 2025, from EFRAIN YANEZ
CONSTRUCTION, INC., Owner, to the City of Orange Cove, a Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Orange Cove on December 10, 2025, and by the same order of the City Council of the City of Orange Cove, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant Deed.
CITY OF ORANGE COVE
By:
Samuel A. Escobar, City Manager
ATTEST:
Cynthia Cisneros, City Clerk
633 Sixth Street • Orange Cove, California 93646 • 559.626.4488 Fax 559.626.4653 Recording Requested By and Return To:
City Clerk
City of Orange Cove
633 Sixth Street Orange Cove, CA 93646
No Fee-Govt. Code Sections
6103 and 27383
Documentary Transfer Tax: $0.00
Exemption (R&T Code): 11922
Explanation: Conveyance to a
Government Agency
Signature of Declarant Determining Tax
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 378-021-07 (portion)
DEED OF EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, EFRAIN YANEZ CONSTRUCTION, INC., a Calitornia corporation, GRANIOR, hereby GRANTS to the CITY OF ORANGE COVE, a California municipal corporation, GRANTEE, an easement and right-of-way for public street purposes over, under, through and across all that real property situated in the City of Orange Cove, County of Fresno, State of California, more particularly described in Exhibit "A" and shown on Exhibit "B" which are attached and incorporated herein.
EFRAIN YANEZ CONSTRUCTION, INC., a California corporation on Can I 11-21-25
Date
ATTACH NOTARY ACKNOWLEDGEMNT
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8008009800000000000000000888880088338385808888888889038838 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Fresho
on November 21, 2005 before me, Hussa Malia Mendez, Notary Yublic Here Insert Name and Title of the Officer
personally appeared Efrain Yanez
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
ALYSSA MALIA MENDEZ
Notary Pubiic - Callfornia paragraph is true and correct.
Fresne County
Commissien # 2532639 WITNESS my hand and official seal.
My Camm. Expires Sep 16, 2029
signature A10
Place Notary Seal and/or Stamp Above Signature of Notary Public - OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
EXHIBIT "A"
APN 378-021-07
Public Street Easement - Monson Avenue
The land referred to herein below is situated in the City of Orange Cove, County of Fresno, State of California, and is described as follows:
That portion of Lot 4 in Section 23, Township 15 South, Range 24 East, Mount Diablo Base and Meridian, according to the Map of Orange Cove Tract No. 1, recorded in Book 9 of Record of Surveys, Page 33, Fresno County Records, described as follows:
COMMENCING at the Southwest corner of that certain parcel granted to the City of Orange Cove in Deed of Easement recorded August 14, 2025 as Document No. 2025-0077271, Official Records Fresno County, said Point of Commencement being 20.00 feet east of the West line of the Northeast quarter of said Section 23; thence North 00° 00' 00" East, along the West boundary of said parcel and along a line that is parallel with and 20.00 feet east of said West line, a distance of 40.60 feet to the TRUE POINT OF BEGINNING; thence 1) North 00° 00' 00" East, continuing along said parallel line, a distance of 60.00 feet; thence
2) North 90° 00'00" East, a distance of 22.00 feet; thence 3) South 00° 00'00" East, along a line that is parallel with and 42.00 feet east of said West line, a distance of 60.00 feet; thence
4) North 90° 00' 00" West, along the north boundary of said parcel Granted to the City of Orange Cove, a distance of 22.00 feet to the True Point of Beginning.
Contains an area of: 1,320 Sq. Ft., more or less.
CA
1S 5096
1 Exp. Dats €30-27
LAND EXHIBIT 'B'
LICENSED SURVEY
LEGEND
LS 5096 EXISTING R/W
Em. Dote 6-30-27 *
EXISTING PARCEL LINE
STATE OT SECTION LINE
Ooh
O.R.F.C. OFFICIAL RECORDS FRESNO COUNTY
F.C.R. FRESNO COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
SE COR.— INDICATES AREA OF EASEMENT
LOT 4 TO BE GRANTED TO THE CITY
DE ORANGE COVE FOR PUBLI
TREET RIGHT-OF-WAI
PURPOSES. AREA OF 550 S.F.
LOT 4 PARCEL 2
ORANGE COVE TRACT NO. 1 PARCEL MAP NO. 97-03
BOOK 9 OF RECORD OF BK. 58 OF PARCEL MAPS
SURVEYS, PAGE 33 PGS. 49-51
F.C.R. F.C.R
APN: 378-021-07 APN: 378-021-46T
TANGERINE DRIVE FUTURE STREET R/W
30" PREVIOUSLY
GRANTED PER DOC. NO.
2025-0077271 O.R.F.C. 30°
SCALE 1" = 100'
50° 100°
S0'00'00"E 60.00 -N90'00'00"₩ 22.00'
N90'00'00"E 22.00
NO:0000 E 40.60
NO'O0'O0"E 60.00"- LP.O.C.
T.P.O.8. SW COR. LOT 4
20" PREVIOUSLY DEDICATED
-N. OTR COR. PER ORANGE COVE CTR. OTR. COR-
SEC 23 15/24 SOUTH MONSON AVENUE TRACT NO. 1 SEC 23 15/24 EXHIBIT PROJECT NAME: FIGURE
BREAS DESCRIPTION: STREET DEDICATION 1
CIVIL ENGINEERING, INC PORTION OF NE 1/4 SECTION
23, T. 15 S., R. 24 E., M.D.B.&M. 11/20/2025 23-232.008.0 For the Meeting of December 10, 2025
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Shun Patlan, Director of Planning t
Subject: Second Reading and Adoption of Ordinance No. 401 "An Ordinance Amending Title 7 of the Orange Cove Municipal Code in Its Entirety.
Attachments: Ordinance No. 402 amending Title 7 of the Orange Cove Municipal Code Public Hearing Notice
RECOMMENDATION:
Staff recommends to the City Council 1) Conduct a Public Hearing to receive any comments regarding the proposed Ordinance 2) Approve Second Reading and Adopt Ordinance No. 402 "An Ordinance of the City Council Amending Title 7, "Public Nuisance" in its entirety.
BACKGROUND:
On November 12,2025 the Orange Cove City Council approved the First Reading and Introduction of Ordinance No. 401 and directed staff to proceed with the second reading and public hearing notification.
The proposed ordinance updates and clarifies certain provisions of the current public nuisance ordinance, In addition to clarifying certain activities which constitute a nuisance, it also clarifies the process for specially assessing nuisance costs and provides for more robust hearing procedures.
California Constitution, Article XL, Section 7 authorizes the City Council to adopt and enforce local police, sanitary and other ordinances and regulations that are not in conflict with general law. The proposed ordinance must provide certain due process protections, such as notice and an opportunity to be heard.
The ordinance provides for recovery of costs and a special assessment of those costs against the subject property. The proposed ordinance makes mostly technical amendments for clarity and consistency.
The proposed ordinance will incorporate varies existing sections of the current Orange Cove Municipal Code and creates a more concise Title 7 Ordinance.
The proposed ordinance had a comprehensive review from all city departments, and all comments were considered and incorporated in the ordinance.
1 of 2
ENVIRONMENTAL REVIEW:
The proposed project will not have a significant impact on the environment and is categorically exempt under California Environmental Quality Act, Section 15332, Class 32.
CONFLICTS OF INTEREST:
None
FISCAL IMPACT:
The proposed adoption of ordinance will have no fiscal impact, but may potentially have a positive indirect fiscal impact as collection of costs recovery from public nuisance abatement will be an essential part of the ordinance.
Shut
Shun Patlan
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council
Member
-x_ Action Item Other
Department Report Continued to:
_Redevelopment Agency
2 of 2
Ordinance No. 402
AN ORDINANACE OF THE CITY OF ORANGE COVE
AMENDING CHAPTER 7.27 IN ITS ENTIRETY REGARDING
NUISNACES
WHEREAS, California Constitution, Article X1, Section 7, authorizes the City of Orange Cove (City) to adopt local police, sanitary and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, in light of recent State decisions as well as recent efforts to ensure more efficient enforcement of the Orange Cove Municipal Code ("OCMC") to promote public health, safety and welfare, the City Council has identified an adoption and revision to be made to Title 7 of the Orange Cove Municipal Code ("OCMC") to regulate public nuisances; and,
WHEREAS, the City wishes to ensure that the OCMC's provisions regarding public nuisances are consistent with State law for accuracy of enforcement and transparency for the public.
NOW, THEREFORE, the City Council of the City of Orange Cove does ordain as follows:
Section 1. The above recitals are true and correct and are incorporated herein.
Section 2. OCMC Title 7 is hereby amended in its entirety as follows:
Article 1. Unlawful Property Related Nuisances
7.27.101 Neighborhood preservation.
It shall be unlawful for any person owning, renting, leasing, occupying or having charge or possession of any real property in the City to maintain such property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by the Municipal Code. These conditions meet one or more of the following criteria and are considered nuisances subject to abatement and cost recovery pursuant to Chapter 1.20, Section 1.20.040: substantially detract from the appearance of the immediate neighborhood, reduce the property value in the immediate neighborhood, are an attractive nuisance, are materially detrimental to nearby properties and improvements, are a visual blight, are offensive to the senses, or are otherwise dangerous to public health, safety or welfare.
(a) Abandoned and partial buildings. Buildings which are abandoned, vacant, partially destroyed, or left in an unreasonable state of partial construction. "An unreasonable state of partial construction" means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the City's Building Official or designee, but fails to complete construction and obtain final approval from the City in accordance with applicable laws and regulations within the time period provided by the Building Official or designee.
(b) Broken windows. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass. (c) Building materials and household fixtures and equipment. Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment (i) stored so as to be visible at ground level from a public street, alley or from adjoining property, or (ii) stored in a manner out of view but in an unsecured area accessible to minors, or (iii) stored in a manner as to harbor rodents, insects, or other vermin.
(d) Building residue. Residue from a fire or demolition such as concrete or brick foundations and flatwork.
(e) Construction equipment. Construction equipment or machinery of any type or description parked or stored on the property when it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property. (f) Deteriorated buildings. Buildings which have become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.
(g) Deteriorated improvements. Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements which have become deteriorated, hazardous, defective, or unsightly.
(h) Encroachment. The encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable law.
(i) Garbage containers. The leaving of any garbage, rubbish, recyclable, or green waste container in a front yard area visible from a public street except during the times necessary for collection as set forth in Section 8.20.105, which provides for containers to be placed at the curb on the day of pickup and removed by noon the following day. () Graffiti. Graffiti or other defacing words, letters or drawings which remain in excess of forty-eight (48) hours on the exterior of any building or fence or other structure that has not been removed or covered with paint matching the structure that was defaced. (k) Hazardous liquids and other substances. Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained on site in approved storage containers and pursuant to all laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.
(1) Hazardous pools, ponds, and excavations. Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner which may affect the health or safety of the public, including providing a breeding place for mosquitoes, failing to comply with State and local safety requirements for pools and spas, and failing to take adequate measures to prevent public access to the area. (m) Landscape materials. The keeping, storage, depositing, or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials for an unreasonable period of time or in a manner as to harbor rodents, insects, or other vermin. (n) Landscaping. Front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the Director of Planning and Development Services or his or her designee. Landscaping shall also be maintained in accordance with any approved permit, site plan, or landscaping plan.
(o) Land use entitlements. The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the City in connection with the property or any improvement located thereon. (p) Laundry hanging. The hanging of clothing, laundry or routinely washed articles on porch/stair railings, fences, hedges, or other supporting structures located in front or side yards and visible from a public place.
(q) Occupied vehicles. Any vehicle, recreational vehicle, motor home, camper, camper shell, or boat occupied by any person or persons overnight, except as may be permitted in an approved location for such purpose.
(r) Offensive odors. Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.
(s) Personal property. The keeping, storage, depositing or accumulation of an excessive amount of personal property visible at ground level from a public street or alley. (t) Safety hazard. The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate dangerto life, property, health or public safety.
(u) Sewage. The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground.
(v) Signs. Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.
(w) Storage containers and dumpsters. Storing or keeping boxes, containers, or dumpsters, in excess of seventy-two (72) consecutive hours, except when otherwise permitted by the Municipal Code or when engaged in ongoing construction activity. (x) Tarps and other temporary use items. The keeping or using of tarps or other similar items intended to be used as a temporary protective cover or shelter in a state of disrepair or beyond the intended use period, when the item is stored so as to be visible at ground level from a public street, alley or from adjoining property. Temporary use items visible for more than thirty (30) consecutive days or thirty (30) days in any calendar year shall be presumed to be beyond their intended period of use.
(y) Vehicle parts. The keeping, storage, depositing, or accumulation on the premises of motor vehicle parts) or scrap, including tires, which is (i) visible at ground level from a public street, alley or from adjoining property, or (ii) contains more than personal use items unless allowed by previous City review or permit in appropriate commercial or industrial zones.
(z) Vehicles, including motor homes, trailers, and boats. Any vehicle, recreational vehicle, motor home, camper, camper shell, boat, or trailer parked or stored outside of a garage or carport on an unpaved surface or otherwise in violation of the Municipal Code. (aa) Visibility hazards. The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection, pedestrian walkway, street sign, street light, or traffic signal.
7.27.102 Weeds, vegetation, and rubbish.
No person, whether such person is the owner, agent, or person in control of any lot or parcel of land within the City, shall maintain, permit, or allow such premises, or adjoining public way, sidewalk, street and/or alley, to be maintained in any of the following conditions, which are declared to be a public nuisance. It is the duty of the property owner to destroy or remove all such prohibited materials.
(a) Refuge for vermin. Dead, decayed, diseased or hazardous trees, weeds, grass, rubbish, refuse, dirt, debris, or any other matter or material which may provide a breeding place or refuge for rodents, insects, or other vermin.
(b) Vegetation near chimneys. Dead vegetative growth overhanging a structure or any tree branch or other vegetative growth which extends within ten feet (10') of the outlet of a chimney.
(c) Pollen. Weeds which may produce pollen which is injurious to the health, safety, comfort, or welfare of the residents of the City.
(d) Fire hazard: Fire hydrants. Weeds, rubbish, refuse, dirt, debris, or any other matter or material which may become a fire or health hazard, or is within thirty-six inches (36") of a fire hydrant.
(e) Overhanging vegetation. Vegetative growth overhanging a public street by less than fourteen feet (14') in height or a public sidewalk by less than eight feet (8') in height. (f) Other vegetation. Any other vegetation or materials which, because of lack of maintenance, create conditions which may become a fire or health hazard, including weeds which are otherwise subject to abatement by law.
7.27.103 Garbage,
(a) Public right-of-way. No person shall place, or cause to be placed, upon any public way, street, or sidewalk, any refuse matter, garbage, or filth which is hazardous to public health or safety or which obstructs the free passage of such street or sidewalk for more than one hour at a time, except as may be permitted by the Municipal Code. (b) Private property. No person in control of any lot or parcel of land within the City, whether such person is the owner, agent, or tenant, shall maintain, permit, or allow any refuse matter, garbage, or filth which is hazardous to public health or safety to exist on such premises. Garbage shall be placed in approved containers. (c) Summary abatement. The existence of one or more of these conditions shall be considered nuisances subject to summary abatement and cost recovery pursuant to Chapter 1.20, Section 1.20.040.
7.27.104 Inoperative or abandoned motor vehicles.
It is unlawful for any person to keep, maintain, or deposit on any property in the City any abandoned motor vehicle or any inoperative vehicle as deemed in Section 4.5.1016 or the California Vehicle Code, or any part thereof, unless such vehicle or part is completely enclosed within a building in a lawful manner or is not visible from the street or from other public or private property, or unless such vehicle or part is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junkyard.
A violation of this article is a nuisance subject to the abatement and cost recovery procedures set forth in Chapter 1.20, Section 1.20.040 except as follows:
(a) Notice to property and vehicle owner. Any notice and order to abate a public nuisance shall be personally served or mailed by certified mail to the property owner as shown on the last equalized assessment roll, supplemental roll of the County, or as otherwise known to the enforcement official or his/her designee by virtue of more recent or reliable information and to the registered and legal owners of the vehicle or part, unless the vehicle or part is in such condition that identification numbers are not available. The notice and order to abate shall provide not less than fifteen (15) days to abate the nuisance before the vehicle is removed.
A notice and order to abate a public nuisance in such condition shall not be required if both the property owner and the registered and legal owners of the vehicle or part have signed releases authorizing removal and waiving further interest in the vehicle or part. (b) Notice of hearing and right to deny responsibility. The notice and order shall contain advice of the rights of the property owner, and of the registered and legal owners of the vehicle or part, to request a hearing within fifteen (15) days of the date of the notice. Such advice shall also notify the property owner of the right to submit a sworn statement in lieu of requesting a hearing denying responsibility for the presence of the vehicle or part, and explaining the reasons for such denial.
(c) Removal of vehicle or part: Costs assessable against property owner. At the conclusion of the hearing, or if no hearing is requested, a vehicle or part may be removed and the costs of removal assessed against the property owner pursuant to the procedures set forth in this section and Chapter 10.08, Section 10.08.150. If it is determined at the hearing, or in the absence of a hearing, by the Police Department personnel responsible for implementing this article, that the vehicle or part was placed on the property without the consent of the property owner and that the property owner has not subsequently acquiesced in its presence, then the City shall not assess the costs of abatement, penalties, or other administrative fees against the property owner. (d) Disposal of vehicle or part. After a vehicle or part has been removed pursuant to this section, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies under California Vehicle Code Section 5004 for either horseless carriage license plates or historical license plates.
(e) Nonliability. Neither the City nor a contractor thereof shall be liable for damages caused to a vehicle or part removed pursuant to this section. (f) Notice to DMV. Notice shall be given to the Department of Motor Vehicles of the State of California within five (5) days after the day of removal, identifying the vehicle or part and any evidence of registration available, including but not limited to the registration card, certificates of ownership, or license plates. Prior to the final disposition of a vehicle or part which has been valued at less than two hundred and no/100ths dollars ($200.00), in conformance with California Vehicle Code Section 22661(c), for which evidence of registration was recovered, the City shall provide notice to registered and legal owners of intent to make final disposition of the vehicle or part if such notice has not already been provided under this section.
Article 2. Orange Cove Building Code
7.27.201 Building codes.
The Orange Cove Building Code shall mean the current versions of the California Building, Fire, Plumbing, Mechanical, Electrical, and related codes, as well as the Uniform Administrative Code and Uniform Code for the Abatement of Dangerous Buildings, as incorporated by reference in this Code with local amendments, except that the procedures for abatement, conducting appeals, and cost recovery shall be those set forth in Chapter
1.20, Section 1.20.040.
7.27.202 Dangerous buildings.
As set forth in Chapter 9 of Title 8, the Uniform Code for the Abatement of Dangerous Buildings shall apply to the determination of whether a building is dangerous except that the procedures for abatement, conducting appeals, and cost recovery shall be those set forth in Chapter 1.20, Section 1.20.040.
7.27.203 Nuisances.
Violations of the Orange Cove Building, Uniform Administrative Code, and Dangerous Building Codes are considered nuisances.
Article 3. Vacant Buildings
7.27.301 Vacant buildings: Nuisance and abatement.
Vacant residential, commercial and industrial buildings and all yards surrounding the building must be maintained, actively monitored, and secured in accordance with the following standards or the property will be considered blighted and a nuisance subject to abatement pursuant to the procedures set forth in Chapter 28 of Title 7, and any other available enforcement mechanisms.
"Vacant building" means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, "vacant" shall mean when any one unit is unoccupied or occupied by unauthorized persons.
(a) Yard maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condition.
"Park strip" means that portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, "park strip" shall mean the area of property from the property line to the edge of the pavement.
For commercial and industrial properties, "acceptable landscaping" means that at least fifty percent (70%) of the nonpaved portions of the exterior yards (those that are visible to the general public) shall be covered with live trees, shrubs, lawns, or other live plant materials and the remaining portion of the nonpaved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed.
For residential properties, acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the Director of Planning and Development Services or his or her designee. (b) Building exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.
(c) Broken windows. Board up broken windows within twenty-four (24) hours and replace broken windows within seventy-two (72) hours, subject to the provisions of subsection (g) of this section.
(d) Trash and debris. Remove all trash and debris within seventy-two (72) hours of their placement or abandonment on the property.
(e) Compliance with laws. Maintain the building in continuing compliance with all applicable State and local codes and regulations and any applicable City issued permits. (f) Prevention of criminal activity. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity. (g) Secure property. Secure the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding or such other means as shall be accepted by the Director of Planning and Development Services. For purposes of securing the building and grounds, boarding up windows and doors and fully fencing the property shall be a disfavored technique and may only be used when it is determined by the Director that no other reasonable alternative exists. Properly maintained buildings and grounds should discourage trespassers. Alternative security measures are also available. When a building is boarded or the property fenced, the owner shall comply with standards established by the Director.
(h) Graffiti. Remove all graffiti on the property within forty-eight (48) hours of placement on the property.
7.27.302 Vacant buildings: Vacant Building Plan.
For vacant properties, the Director of Planning and Development Services or his or her designee may issue an Order to Submit a Vacant Building Plan to the property owner and require the payment of a fee as required under this section. (a) Vacant Building Plan. The Vacant Building Plan shall include the following information and shall be submitted within thirty (30) days of service of the order:
(i) Name and address of person submitting the Vacant Building Plan; (ii) Name and address of all property owners of the subject property; (iii) The name and address of a local agent, if the property owners) is/are not local, that the Director may contact related to enforcement of this article; (iv) The expected period of vacancy;
(v) A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the time of submission of the plan; (vi) If required by the Director, a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Director under the circumstances;
(vii) A plan for actively monitoring, maintaining and securing the property and otherwise complying with this article;
(vili) A letter of written consent by the property owners) to the Director to allow City code enforcement inspectors to enter the property for inspections consistent to enforce the provisions of this article;
(ix) Any other information required by the Director in rules and regulations adopted by the Director under this article.
(b) Exception. If the vacant building will be occupied within thirty (30) days of service of the notice, the owner may notify the Director in writing of this fact and the owner will be excused from submitting a Vacant Building Plan.
(c) Vacant Building Plan fee. When a property owner is ordered to submit a Vacant Building Plan by the Director they shall also be required to pay a fee, not to exceed the costs of the City to monitor or inspect the building and to review and approve the Vacant Building Plan. The Director shall have discretion to determine the number of inspections required to monitor the subject building upon submission of the plan, based upon the type and condition of the property, and the history of violations at the subject property. The amount of the fee shall be as follows:
(i) No fee shall be charged for the initial Vacant Building Plan; (ii) Five hundred and no/100ths dollars ($500.00) for a second Vacant Building Plan; (iii) Eight hundred and no/100ths dollars ($800.00) for a third Vacant Building Plan; (iv) One thousand and no/100ths dollars ($1,000.00) for a fourth and subsequent Vacant Building Plan.
(d) Recording. The Vacant Building Plan shall be recorded and indexed in the grantor- grantee index in the Fresno County Recorder's Office and shall be released by the Director when he or she determines that the property is no longer vacant. Any fees or costs associated with recording the Vacant Building Plan or filing a release from the Vacant Building Plan shall be the responsibility of the property owner and collectible under the cost recovery provisions of this article.
(e) Appeal. An Order to Submit a Vacant Building Plan and/or a decision by the Director rejecting a Vacant Building Plan are appealable in accordance with the procedures set forth in Section 7.07.100 of Title 7 except that both an Order to Submit a Vacant Building Plan and a rejection of a Vacant Building Plan must be appealed within fifteen (15) days from service of the notice of the order or rejection.
(f) Approved plan. A Vacant Building Plan is enforceable immediately upon notice to the property owner of the approval of the Vacant Building Plan until the Director releases the property from the approved Vacant Building Plan. An approved plan shall be valid for no more than one hundred eighty (180) days from the date of its approval. If a plan expires after one hundred eighty (180) days and the Director has not yet released the property from the approved Vacant Building Plan, the property owner is automatically required to seek approval of a new Vacant Building Plan and pay a fee for that renewal as set forth in subsection (c) of this section.
(g) Noncompliance. Failure by the property owner to submit a Vacant Building Plan or comply with a Vacant Building Plan that has been approved by the Director under this section or pay a fee as required under this section is a violation of the Code, subject to the abatement and cost recovery procedures set forth in Chapters 1.20, Section 1.20.040 and any other available enforcement mechanisms.
(h) Transfer of vacant building. The transferee of a vacant building is subject to the requirements of this section. If the property is subject to a Vacant Building Plan and the plan has been properly recorded with the County Recorder's Office, the transferee is subject to the terms of the Vacant Building Plan. The transferee may apply to the Director to be released from the requirements of the Vacant Building Plan. It shall be in the Director's discretion to grant such an application. The Director's decision shall be final. (i) Service. Service of an Order to Submit a Vacant Building Plan, notice of rejection, or approval of a Vacant Building Plan shall be made on the property owner by personal service or first class mail. Where known, a copy may also be provided by email.
7.27.303 Registration of vacant foreclosed properties.
(a) Scope of section. This section shall apply to all vacant properties in the City of Orange Cove that have come within ownership or control of a trustee or beneficiary as a result of the default of the borrower and/or the foreclosure process. This section shall also apply to properties where the deed of trust was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
(b) Registration of property. Any trustee or beneficiary holding a deed of trust on a property located within the City of Orange Cove shall inspect the property that is the security for the deed of trust, upon default by the trustor, prior to recording notice of default with the Fresno County Recorder. If the property is found to be vacant, it is deemed to fall within the provisions of this section and shall be registered with the Director of Planning and Development Services or his or her designee within ten (10) days of inspection. If the property is occupied at the time of inspection, it shall be inspected on a monthly basis until (i) the default is remedied by the trustor or other party or (ii) the property is found to be vacant, at which time it shall be registered within ten (10) days. (c) Registration fee. No fee shall be charged for the registration of property. (d) Registration process. Registration shall be made in writing to the Director. The trustee or beneficiary shall provide the following information to the Director:
(i) Name, address, and telephone number of the trustee and/or beneficiary; (I) Address and assessor's parcel number of the vacant property; (iii) Name, address, and telephone number of the property maintenance company responsible for the property, if applicable;
(iv) Name, address, and telephone number of all known lien holders and/or individuals with ownership interest or other legal interest in the property; (v) If no trustee or beneficiary resides within the County of Fresno, the name, address, and phone number of a party residing within the County of Fresno who shall be designated as the local responsible party or agent for the purposes of notification in the event of an emergency affecting the public health, safety, or welfare and for purposes of service of process or any notices associated with registration of the property; (vi) Provide express authorization for City employees to enter the property for the purpose of ensuring compliance with this article. The primary purpose of this authorization is to provide consent for City employees to access the exterior of the property to inspect and/or abate. City employees will not enter the interior of the structure unless the health, safety and/or welfare of the public is at risk.
(e) Duration of registration. Registration of a property shall be valid for one year from the date of registering with the Director. The trustee and/or beneficiary shall renew the registration of the property annually prior to the expiration of the current registration. (f) Maintenance requirements. Properties registered pursuant to this section shall be maintained in accordance with the requirements of this article. (g) Posting. The property shall be posted with a sign indicating the name and a twenty-four (24) hour telephone number for the trustee/beneficiary or property management company responsible for maintenance and security of the property. The sign shall read substantially as follows: "This property is managed by [ ]. To report problems or concerns call [ ]." The sign shall be visible from the street and located at the front of the property. The sign shall be placed on the interior of a window, affixed to the exterior of the structure, or on a stake placed in the front yard. Exterior posting shall be constructed on and printed with weather resistant material.
(h) Enforcement. Failure to comply with the provisions of this section is a violation of the Municipal Code and subject to the abatement and cost recovery procedures set forth in Chapters 1.20, Section 1.20.040 and any other available enforcement mechanisms. (81, Article 4. Management of Real Property
7.27.401 Title, findings, and purpose.
(a) Title. This article shall be known as the "Management of Real Property Ordinance." (b) Findings. Just as the physical conditions of structures and properties within the City can constitute public nuisances, so too can the behavior of persons on properties within the City constitute public nuisances. The abatement of behavioral nuisances is as important to the City in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.
The owners of real properties within the City are responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions.
Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment which is conducive to behaviors which become a nuisance with repetition and lack of abatement and corrective measures.
If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the City as a whole, that the City be able to undertake abatement action. The provisions of this article are necessary to protect the health, property, and integrity of this community.
Nothing in this article exempts property owners from compliance with Federal, State, or local laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy.
(c) Purpose. The purpose of this article is to set forth the management of activities conducted and enforce minimum standards relating to or conditions on real property to protect the public health, safety and welfare; and to put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners who permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.
The provisions of this article are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the Municipal Code, State or Federal laws, regulations, or case law.
It is not the intent or purpose of this article to subject owners or managers to any legal liability resulting from a tenant's actions away from the owner's or manager's own property, unless it can be shown that the problem tenant is also creating a nuisance or committing a crime on the owner's or manager's property.
(d) Enforcement responsibility. Enforcement of this article shall fall within the responsibility of the Police Chief and the Director of Planning and Development Services and any of their designees. Reference in this article to Director includes all of these individuals.
7.27.402 Dual responsibility.
(a) Owners. Every person or entity owning, possessing, or having charge or control of real property within the City is required to manage that property and control the environment thereon in a manner so as not to violate the provisions of this article, and the owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding the property.
(b) Lessees. Every occupant, lessee, or holder of any possessory interest in real property is required to: (i) comply with all laws applicable to the property; (li) to supervise anyone utilizing, using, or occupying the property, with or without the consent of the owner, consistent with this article; and (iii) to maintain the property in a manner so as not to violate the provisions of this article.
7.27.403 Nuisances.
It is hereby declared a public nuisance and a violation of this article for the owner, whether through the owner or owner's agent, lessee, sublessor, sublessee, or occupant of any premises in the City to permit, with actual or constructive knowledge, any of the following activities to habitually occur on the real property of the owner. "Habitual" shall mean patterns or occurrences evidenced by frequent repetition or regular mode of practice or usage.
(a) Use and sale of controlled substances. The illegal manufacturing, sale, use or possession of controlled substances or other illegal drugs and substances. (b) Coming and going for sales of controlled substances. The gathering, or coming and going, of people who purchase or use controlled substances on the premises. (c) Prostitution. The occurrence of prostitution.
(d) Gang activities. Unlawful activities of a criminal street gang as defined in Penal Code Section 186.22.
(e) Noise and unruly behavior. Noise and unruly behavior as set forth in Sections 7.27.504 and 7.27.601.
(f) Firearms and weapons. The unlawful discharging of a firearm or brandishing of a weapon by any person.
(g) Graffiti and trash. The presence of graffiti or other defacing words, letters, or drawings, or trash and debris on the property for a forty-eight (48) hour period. (h) Abandoned and inoperable vehicles. The presence of abandoned vehicles or improperly stored inoperative, wrecked, or dismantled vehicles on the property, occurring on any one or more properties of the same owner within the City of Clovis. (i) Animal disturbances. Animal disturbances, including but not limited to competitive fighting between animals.
(i) Violent criminal acts. Violent criminal acts, charged or not, including, but not limited to, rapes, assaults, battery, homicides, stabbings, and/or shootings. (k) Gaming activities. Illegal gaming activities.
(1) Stolen property. Possessing or storing stolen property.
7.27.404 Notice to property owner.
The Police Chief or Director shall, within a reasonable period of time from the date of occurrence of any activity listed in Section 7.27.403, notify the property owner of the unlawful activity. The notice shall include the location of the property, the name of the person(s) conducting the unlawful activity (if known and appropriate), a description of the illegal activity, suggested remedies and a warning of the enforcement of this article if the activity described is not abated within the time prescribed in the notice. The notice shall be served on the owner of the property, via regular mail, at the address listed on the latest tax assessment roll or as otherwise actually known to the Director.
7.27.405 Violations.
Violations of this article are subject to the abatement and cost recovery procedures set forth in Chapters 1.20, Sections1.20.040 and any other available enforcement mechanisms.
7.27.406 Relocation costs.
If the City incurs any costs or expenses for relocating tenants resulting from the enforcement of this article, the owner shall be required to reimburse the City for all such costs and expenses. (§ 1, Ord. 14-02, eff. March 5, 2014) Article 5. Nuisance Related Activities
7.27.501 Obstructing public passageways.
It shall be unlawful for a person to stand or sit idly in or upon any street or sidewalk in a manner that hinders or obstructs the passage of persons passing along the same, or stand in or at the entrance of or approach to any church, hall, theater, public place, or public assemblage in any manner to obstruct such entrance or approach. (8 1, Ord. 14-02, eff.
March 5, 2014)
7.27.502 Annoying conduct.
No person shall engage upon public or private property in any conduct annoying or injurious to persons passing by on public streets, sidewalks, and other public property or, whenever a street, sidewalk, or other public property is obstructed by a crowd, fail or refuse to disperse or move when directed so to do by any peace officer.
7.27.503 Breach of peace.
No person shall make in any public place, or suffer to be made on his/her premises or upon the premises under his/her control, any disorder or tumult to the disturbance of the public peace; and no person shall utter in the presence of two (2) or more persons lewd or obscene words or epithets or address to another any words, language, or expressions having a tendency to create a breach of the peace. "Disturbance" and "breach of the peace" mean causing an annoyance or engaging in disorderly conduct or interfering with the peace and order of a neighborhood, community, or meeting.
7.27.504 Unruly behavior.
A gathering of ten (10) or more persons on any public or private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law shall be considered a nuisance subject to the abatement and cost recovery procedures set forth in Chapters 1.20, Section 1.20.040 and any other available enforcement mechanisms. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. In addition to the remedies provided for in Chapter 1.20, Section 1.20.010, a gathering constituting a public nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and State statutes.
7.27.505 Interference with right of assembly.
No person, except with legal authorization or authority, shall disturb or interrupt any school procession, funeral or funeral procession, or any lawful procession, church service, or assembly of people.
7.27.506 Public urination.
No person shall evacuate their bowels or bladder in any public place, or upon any private property, at a place not provided for that purpose.
7.27.507 Swimming in ditches and canals.
No person shall bathe or swim in any ditch or canal within the City.
7.27.508 Motor vehicle racing.
It is unlawful for any person to operate, conduct, maintain, promote, or participate or engage in any motor vehicle race within the City, unless such race is expressly allowed by City permit or occurs in a facility permitted for such activity. For the purposes of this section, "motor vehicle" shall mean any vehicle which is self-propelled and shall include without limitation any automobile, racing car, motorcycle, or other self-propelled vehicle, whether or not the same is licensed by the State to operate on public streets. "Motor vehicle race" shall mean any race, speed, or other contest involving one or more motor vehicles or in which a motor vehicle is timed for operation over a measured distance.
7.27.509 Criminal street gangs.
(a) Prohibited acts. It is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with a member of a criminal street gang, to loiter or idle in a public place as defined in this section under any of the following circumstances:
(i) With the intent to publicize a criminal street gang's control or dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area.
(ii) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. (iii) In such a manner that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable the criminal street gang to establish control or dominance over the public place or adjacent area, to intimidate nonmembers of the gang from entering the public place or adjacent area, or to conceal unlawful activity. (b) Public place. For purposes of this section, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment, office building, transport facility, shop, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place.
"Any public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment.
(c) Powers of law enforcement officers not limited. Nothing in this section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this section.
(d) Parental control. Any parents), legal guardian(s), or other adult person(s) authorized by said parents) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor subject to the penalties set forth in Section 1.24.010 (e) Penalties: Notice to disperse. Any person who violates a provision of this section is guilty of a misdemeanor subject to the penalties set forth in Section 1.24.010. Minors shall be dealt with in accordance with the California Welfare and Institutions Code and in accordance with any policies and procedures established by the City for handling juvenile cases.
Prior to arresting any person or issuing a citation for violating the provisions of this section, the officer shall give the person an opportunity to disperse or remove themselves from the area. If the person does not leave or returns to the area during the following eight (8) hours, the person may be arrested or issued a citation.
The requirement in this section to provide notice to disperse shall in no way be construed to prohibit police officers from detaining and questioning persons suspected of violating this chapter before issuing the notice to disperse.
7.27.510 Camping.
(a) Sleeping and camping in public and certain private places prohibited. It shall be unlawful for any person to sleep or camp:
(i) In or on any public right-of-way, including any street, alley, roadway, accessway, median, irrigation canal or embankment;
(i) In or on any public park or trail or upon the grounds of any public facility or property, whether improved or unimproved;
(iii) Upon any unimproved private lot unless such use is with the permission of the owner and permissible under the City's zoning ordinance; or
(iv) Upon the premises of any private, commercial or industrial property unless such use is with the permission of the owner and permissible under the City's zoning ordinance. (b) Camp defined. For purposes of this section, "camp" shall mean an outdoor place for eating, cooking or sleeping, and includes, but is not limited to:
(i) The use of camping facilities such as tents, tarpaulins, or temporary shelters; (ii) The use of sleeping bags, cots, beds, or hammocks; (iii) The use of park benches, recreation equipment or similar structures; or (iv) The use of any parked vehicle, including an automobile, bus, truck, camper, trailer or recreational vehicle.
(c) Exceptions. The following activities shall not be considered a violation of this section:
(i) Sleeping or recreational camping in any public park between the hours of 7:00 a.m. and 10:00 p.m.; and
(ii) Camping in public parks between the hours of 10:00 p.m. and 7:00 a.m. in areas set aside for overnight camping.
For purposes of this section, the following shall not be considered recreational camping; a camp established with the intent to:
(i) Lodge or reside at that location;
(ii) Remain in that location or park overnight; or
(iii) Remain for a period of more than one consecutive day. (d) Remedies for violation. In addition to any other remedy or enforcement mechanism, any camp in violation of this section is declared to be a public nuisance, and the Chief of Police or his/her designee, upon a determination that such camp constitutes an immediate threat to the health, safety or welfare of persons in the City, including persons using the camp, is authorized to remove the camp. If persons are occupying the camp at the time, then before removing the camp, the Chief of Police or his/her designee shall warn the person or persons occupying the camp that they are in violation of this section and shall give them the opportunity to remove the camp.
7.27.511 Fireworks.
(a) No person shall possess or use dangerous or illegal fireworks as defined in the State Fireworks Law, Sections 12500 et seq.
(b) Upon identification of possession or use of dangerous or illegal fireworks, City Code enforcement officers and any law enforcement or fire agency designated by the Police Chief or Fire Chief may issue an administrative citation of one thousand and no/100ths dollars ($1,000.00) per occurrence to all responsible person(s) as set forth in Sections 1.18.050 and 5.34.012.
(c) Responsible person(s) for purposes of this section includes:
1. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;
2. The person(s) in immediate control of the residence or other private property; and
3. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal possession of dangerous or illegal fireworks.
(d) There is no requirement that the City provide advance notice to the responsible person(s) prior to issuing an administrative citation. Responsible person(s) shall be deemed to know the law as is the common standard for Code violations. Further, fireworks violations create an immediate danger to the public health, safety and welfare for which immediate correction is required. Additionally, fireworks violations are noncontinuing violations for which it is not possible or practical to provide prior notice and an opportunity to correct. (§ 1, Ord. 16-12, eff. June 15, 2016)
7.27.512 Storing, maintaining, or placing personal property in the public right-of-way. (a) No person shall obstruct a street, sidewalk, or other public right-of-way by storing, maintaining, or placing personal property as follows:
1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;
2. Within ten (10) feet of any operational or utilizable driveway or loading dock;
3. Within five (5) feet of any operational or utilizable building entrance or exit;
4. Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or
5. Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit. (b) No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, trail, or other public right-of- way open to use by bicycles, by storing, maintaining, or placing personal property anywhere within the street, bike lane, bike path, trail or other public right-of-way, as specified.
(c) Except as limited by subsection (d) of this section, no person shall store, maintain, or place personal property upon any street, sidewalk, or other public right-of-way as follows:
1. Within the distance stated on the posted signage (up to a maximum of five hundred feet (500')) of a public park, or public library;
2. Within the distance stated on the posted signage (up to a maximum of five hundred feet (500')) of a designated overpass, underpass, freeway ramp, tunnel, bridge, pedestrian bridge, subway, wash, spreading ground, or active railway, where the Chief of Police determines that the public health, safety, or welfare is served by the prohibition, including, without limitation, by finding that storing, using, maintaining, or placing personal property within the stated proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;
3. Within the distance stated on the posted signage (up to a maximum of one thousand feet (1,000')) of a designated facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center; or
4. Within the distance stated on posted signage prohibiting storing, using, maintaining, or placing personal property. In order to designate all or any portion of any street, sidewalk, or other public right-of-way as prohibited under this section, the Chief of Police shall determine, based on specific documentation, that the circumstances of continued storing of personal property, or otherwise obstructing the public right-of-way at that location, poses a particular and ongoing threat to public health or safety. Such circumstances may include, but are not limited to: (i) the death or serious bodily injury of any person at the location due to a hazardous condition; (ii) repeated serious or violent crimes, including human trafficking, at the location; (iii) the occurrence of fires that resulted in a fire department response to the location; (iv) imposition on, or prevention of, access or use of the public right-of-way by members of the public.
(d) No person shall be found to be in violation of any prohibition set forth in subsection (c) of this section unless and until: (i) the Chief of Police has taken action to designate a specified area or areas for enforcement against storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way; and (ii) the City has posted signage at the designated area or areas.
(e) No person shall store, use, maintain, or place personal property in or upon any street, sidewalk, or other public property within five hundred feet (500') of a school or day care center.
(f) The outdoor burning of brush, rubbish, trash, pruning or other combustible materials is prohibited. Violation of this Section is a misdemeanor. This Section does not prohibit the outdoor cooking of food for personal use.
(g) No person shall keep, tore or maintain, or permit the keeping, storage or maintenance of rubbish, brush, trash, pruning's, or other combustible materials can become easily ignited. Persons who violate this Section are guilty of a misdemeanor. (h) Violations of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who fails to comply after being requested to do so by an authorized City employee shall be subject to the penalties set forth in Chapter
1.20, Section 1.20.010. Violations of this section shall also be enforceable as infractions pursuant to Chapter 1.18, Section 1.18.040.
Article 6. Unlawful Noise Related Nuisances
7.27.601 Loud noise.
The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to reasonable persons of normal sensitivities residing on the property or in the area, shall be considered a nuisance. A violation of this section shall be determined by applying objective standards and by considering the following: any applicable noise standard adopted by the City including the provisions of this article; whether the activity is allowed by special permit and whether the permit addressed the issue of noise; the number of persons affected by the noise; the day of the week and the time of day; ordinary urban noise that can reasonably be expected for the area; and any other factors relevant to the determination.
In addition to the remedies provided for in this chapter, a noise nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring that the noise cease. The person(s) responsible for making the noise, or having direct control over the premises where the noise is emanating, is subject to citation and/or arrest.
7.27.602 Noise and other activities during specified hours.
No person shall make, or cause or suffer or permit to be made or caused, on any premises owned or occupied by him/her, between the hours of 11:00 p.m. and 7:00 a.m. on any Friday or Saturday, or between the hours of 10:00 p.m. and 7:00 a.m. of any other day, any sporting, business, or social event, race, or other activity in such manner as to disturb the peace and quiet of any neighborhood. This section shall not apply to the following: any public celebration, public holiday, or public occasion generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school; activities relating to the provision of public safety and public utility services.
7.27.603 Sound amplifiers.
No person shall use or operate, or cause to be used or operated, any mechanical device, machine, apparatus, or instrument for the intensification or amplification of the human voice, or any sound or noise, in any public or private place between the hours of 11:00 p.m. and 7:00 a.m. on any Friday or Saturday, or between the hours of 10:00 p.m. and 7:00 a.m. of any other day, except in residences, dwellings, and other buildings so enclosed as to prevent sound or noise escaping or emanating therefrom. This section shall not apply to the following: any public celebration, public holiday, or public occasion generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school; activities relating to the provision of public safety and public utility services.
7.27.604 Construction activities.
Unless otherwise expressly provided by permit, construction activities are only permitted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday and Sunday. From June 1st through September 15th, permitted construction activity may commence after 6:00 a.m. Monday through Friday.
Extended construction work hours must at all times be in strict compliance with the permit.
7.27.605 Decibel standards.
Notwithstanding anything to the contrary in this article, a violation of the City's decibel standards set forth in the City's General Plan and Development Code shall be considered a nuisance except where a special permit allows for exceeding those standards on a temporary basis.
7.27.606 Animals.
The excessive noise provisions of Chapter 12.08 shall also apply to animal noises.
7.27.607 Noisy advertising.
No person shall, without a permit issued by proper authority, in or upon any public street, doorway, stairway, window, or public place in the City, blow any bugle, horn, or trumpet, or beat any drum, or ring any bell, or play music or drive any animal or vehicle to which is attached any bell or gong which rings or sounds when such animal or vehicle is in motion, or make any other loud or unusual noise for the purpose of, or with the intention of, advertising, proclaiming, publishing, announcing, or calling attention to any business, calling, occupation, firm, dealer, amusement, show, exhibition, event, prize fight, boxing contest, goods, wares, merchandise, or other property.
7.27.608 Loud and raucous noises from vehicles.
No person shall play, use, or operate for advertising purposes, or for any other purpose whatsoever, on or upon any public street, alley, or thoroughfare any device known as a sound amplifier, or radio or phonograph with a loudspeaker or sound amplifier, or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or parked upon the streets or public places.
Article 7. Other Nuisances and Enforcement
7.27.701 Nuisances.
It shall be unlawful for any person to keep or maintain a public nuisance in the City. For the purposes of this section, public nuisances shall include but not be limited to any of the following:
(a) Attractive nuisance. An attractive nuisance, defined as any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.
(b) Conditions declared a nuisance by City Council. Any condition declared to be a public nuisance by the City Council.
(c) Civil Code Section 3480, Nuisance. Acts constituting a public nuisance as defined by Civil Code Section 3480.
(d) Depreciation of property value. Maintenance of property in such condition of deterioration or disrepair that the same causes depreciation of the value of surrounding property or is materially detrimental to nearby properties and improvements.
7.27.702 Enforcement.
Nuisances under this chapter may be enforced by one or more of the following nonexclusive remedies:
(a) Abatement. Abatement and cost recovery pursuant to Chapters 7.07 of Title 7. (b) Administrative citation. Administrative citation pursuant to Chapter 7.07 of Title Z. (c) Criminal complaint or citation. Misdemeanor enforcement pursuant to Chapter 7 of Title I.
(d) Injunction. Injunctive relief.
(e) Receivership. Receiverships pursuant to Health and Safety Code Section 17980.7. (f) Unlawful business practice. Unlawful business practices pursuant to Business and Professions Code Section 17200.
(g) Red light abatement. Red Light Abatement Act as set forth in Penal Code Section 11570.
(h) Drug abatement. California Drug Abatement Act set forth in Health and Safety Code Section 11570.
(i) State housing law. State housing law as set forth in Health and Safety Code Section 17910 et seq.
(i) Other. Any other available remedy set forth in the Municipal Code or State law. (§ 1, Ord. 14-02, eff. March 5, 2014)
Article 8. Severability
7.27.801 Severability.
If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 3. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not effect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. CEOA FINDINGS
EXEMPTION FROM THE CALIFORNIA ENVIRONMENT QUALITY ACT, The City Council further finds that the enactment of regulations pursuant to his ordinance is determined to be exempt under Sections 15061(b)(3) of Title 14 of the California Code of Regulations (the "State CEQA Guidelines") in that the adoption of theses regulations merely implements a regulatory process that will not foreseeably result in the construction activities or physical activities, either directly of indirectly. It can therefore be foreseen that the enactment of this Ordinance does not have the potential to result in significant effects on the environment.
Section 5. EFFECTIVE DATE
This Ordinance shall take effect 30 days after its final passage.
Section 6. All provisions of the OCMC that have not been amended or deleted by this Ordinance shall remain in full fore and effect unless they otherwise are amended by another Ordinance of the City Council.
At a meeting of the City Council of the City of Orange Cove on November 12, 2025, this Ordinance was introduced and approved by the following vote:
Aye:
Nays:
Absent:
The foregoing Ordinance was adopted by the City Council of the City of Orange Cove on December 10, 2025 and ordered published by posting by the following vote:
Ayes:
Nays:
Absent:
Diana Guerra Silva Cynthia Cisneros
Mayor City clerk
MID-VALLEY TIMES - NOTICE OF PUBLIC
HEARING
ity of Orange Cov
Ity Counc
1059 G STREET, REEDLEY, CA 93654 Notice is hereby given Cove
TELEPHONE (559) 638-2244
*he Orange Cove Cit
CITY OF ORANGE COVE Council will hold a pub
consider
402
633 6TH STREET mending Title 7 of th
range Cove Municip
Code in its entirety. The
proposed amendment
ORANGE COVE, CA 93646 will update and provide
new regulations to the
city's current Title 7 Or
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, COUNTY OF FRESNO
NOTICE OF PUBLIC HEARING
PUBLIC NUISANCES
Case Number
DECLARATION OF PUBLICATION
(2015.5 C.C.P)
Declaration of Publication
202e November 19 :
STATE OF CALIFORNIA
County of Fresno MVT 11/27/25
953-50
Declarant says:
That at times herein mentioned is and was a citizen of
the United States, over the age of twenty-one years,
and not a party to nor interested in the within matter; that declarant is, now and was at all times herein men- tioned, the Principal Clerk of the Printer of MID-VALLEY TIMES, a newspaper of general circulation (under Gov-
emment Code Section 6024) by the Superior Court of
the County of Fresno, State of California, under the date of June 19, 2019, by said Superior Court Case Number
19CEG01981; that the instrument of which the annexed
is a printed copy; has been published in each regular
and like issue of said newspaper (and not any supple-
ment thereof on the following dates, to wit:
I declare under penalty of purjury that the foregoing is true and correct.
11/27/25
EXECUTED ON NOVEMBER 27 _ 2025 at
Reedley, California.
TeLL 0005°
Declarant
RECEIVED
DEC X 3 2025
City Clerk
City of Orange Cove
6.a.
For the Meeting of December 10, 2025
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Danny Jimenez, Finance Director
Subject: Approval for Resolution No. 2025-34 approving the contract between the City of Orange and the Fresno-Madera Area Agency on Aging for FY 2025-2026.
Attachments: Contract
BACKGROUND:
The City of Orange Cove has a contract with the Fresno-Madera Area Agency on Aging to provide services for our senior citizens. The local contract must be approved annually by the City Council.
RECOMMENDATION:
For the City Council to approve the contract with the Fresno-Madera Area Agency on Aging for the fiscal year 2025-2026. The amount awarded was $25,125.00.
FISCAL IMPACT:
$25,125.00 of senior center expense reimbursements.
Prepared by: Finance Director Approved by: Samuel A. Escobar REVIEW: Finance Director Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
X Action Item Other
Department Report Continued to:
Redevelopment Agency
RESOLUTION NO. 2025-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE
APPROVING CONTRACT WITH THE FRESNO-MADERA AREA AGENCY ON
AGING (FMAAA)
WHEREAS, the City Council of the City of Orange Cove hereby approves Contract Number 26-0261 with the Fresno-Madera Area Agency on Aging (FMAAA) for fiscal year 2025- 2026
NOW, THEREFORE, BE IT RESOLVED, that the City Manager and Finance Director is hereby authorized to execute the contract and necessary supporting documents for said contract.
CLERK'S CERTIFICATION
1, Cynthia Cisneros, Municipal City Clerk of the City of Orange Cove, certify that the foregoing Resolution was adopted by the Council of the City of Orange Cove, at a regular City Council meeting held on December 10, 2025, by the following vote:
PASSED, ADOPTED AND APPROVED this 10th day of December 2025 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Approved:
Diana Guerra-Silva, Mayor
Attest:
Cynthia Cisneros, City Clerk
Docusign Envelope ID: D5542284-2832-4302-81D9-48727FA70B1A
CONTRACT BETWEEN
CITY OF ORANGE COVE
AS SERVICE PROVIDER
AND
FRESNO-MADERA AREA AGENCY ON AGING
(HEREINAFTER REFERRED TO AS AGENCY ON AGING)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):
City of Orange Cove
633 6th Street
Orange Cove, CA 93646
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from July 1, 2025 to June 30, 2026, subject, however, to earlier termination as provided herein.
C. No expenditure or obligation for the funding allocation for the July 1, 2025 through June 30, 2026 period may be incurred after June 30, 2026.
D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:
Approved by Fresno-Madera Area Agency on Aging Governing Board on April 24, 2025 Federal Grantor: U.S. Department of Health and Human Services Pass Through Grantor: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title II! C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 26-0261 Service: Site Management
Site Funding Period: Contract Period Grant Amount:
Orange Cove Senior Center July 2025-June 2026 Maximum Expenditure: $25,125 E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title III/VIl of the Older Americans Act as amended.
The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract.
Area Plan Grant Award Contract Page 1 FY 2025-2026
For the Meeting of December 10, 2025
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Shun Patlan, Director of Planning*
Subject: Final Parcel Map No. 2023-01, Singh/Kaur Dividing Eight Acres Into Eight Parcels Ranging From .09 and 1/10 Acres In Size Located On The West Side Of Anchor Avenue and 750 Feet North of Park Blvd.
Attachments: Resolution No. 2025-31
Proposed Conditions of Approval
Statement of Covenants, Conditions and Restrictions Document RECOMMENDATION:
Staff recommends to the City Council approve Resolution No. 2025-31 approving the Singh Final Parcel map 2023-01, subject to the "Conditions of Approval" hereby attached and the Statement, conditions and Restrictions Affecting the Land Document.
BACKGROUND:
The applicants are seeking approval of the Final Parcel Map No. 2023-01. The applicants applied and received a recommendation for approval of the Tentative parcel map 2-23-01 to the city council from the Orange Cove Planning Commission on August 28, 2024. The Final Map will divide eight acres of commercially zoned land into eight parcels ranging in size from .09 to 1.1 acres. The subject property is located on the west side of Anchor Avenue approximately 750 feet North of Park Blvd. The APN is 375- 040-361.
The objective of the proposed parcel is to create eight commercial lots each of which could allow for a wide range of commercial uses, including retail store, office, restaurants and grocery stores and others.
Potentially, the applicant could create a shopping center over the entire property with a store and/or parking lot on each proposed parcel.
Staff is recommending that proposed construction on any of the subject parcels would potentially trigger a wide range of off-site improvements as well as dedication of rights-of-way along Anchor Avenue and a future unnamed road to the north. These improvements would include but not limited to curb & gutter, sidewalks, street pave out, tree-lined parkway and the extension of water, sewer and storm drain lines. 1 of 2
The subject site is currently vacant and zoned Community Shopping Center. Approval of the Final Parcel Map will permit the applicant to sell off all or portion of the parcels once the final map is approved by the city council. Any proposed construction of one or more parcels will require a site plan review process and will result in the installation of the off-site improvements.
Findings:
1. The parcel map will not have an adverse impact on the health and safety on the nearby neighborhood or the community at large
2. The parcel map will not pose land use conflicts for surrounding properties given that commercial uses exist to the south, industrial uses to the east and vacant land to the west and north.
3. The parcel map is consistent with the Orange Cove's General Plan which designates the subject site for community commercial uses.
4. The parcel map is consistent with the development standards of the community commercial district.
5. The parcel map will provide additional commercial lots on Orange Cove that could potentially enhance the city's tax base.
6. The parcel map is categorically exempt under CEQA indicating that it will not have an adverse impact on the environment.
The office of the city engineer has found the Singh Final Map 2023-01 substantially in compliance with the approved Tentative Parcel Map and recommends approval.
ENVIRONMENTAL REVIEW:
The proposed project will not have a significant impact on the environment and is categorically exempt under California Environmental Quality Act, Section 15332, Class 32.
CONFLICTS OF INTEREST:
None
FISCAL IMPACT:
There are no financial impacts at this time, however upon future commercial development the city will receive development impact fees, land application processing fees and building permit fees.
2 of 2
Заль
Shun Patlan
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent _Public Hearing
Info Item Matter Initiated by a Council
Member
_x Action Item Other
_Department Report Continued to:
Redevelopment Agency
3 of 2
RESOLUTION NO. 2024-31
A RESOLUTION BEFORE THE CITY COUNCIL, CITY OF ORANGE COVE, STATE OF CALIFORNIA APPROVING AN APPLICATION FOR A FINAL PARCEL MAP 2023-01,
SINGH/KAUR, A REQUEST TO SUBDIVIDE EIGHT ACRES INTO EIGHT PARCELS RANGING FORM 9 AND 1.10 ACRES IN SIZE LOCATED ON THE WEST SIDE OF ANCHOR AVENUE, 750 FEET NORTH OF PARK BLVD, CITY OF ORANGE COVE (APN 375-040-361) WHEREAS, Palwinder Singh and Ravinder Kaur have applied for a Final Parcel Map to divide eight acres into eight acres ranging from .9 and 1.10 acres in size, and WHEREAS, the City Council finds the final parcel map in accordance with Chapter 16.28 of the Subdivision Ordinance of the City of Orange Cove, based on the evidence contained in the staff report and:
WHEREAS, the City Council finds that the project will not have a significantly adverse impact on the environment, the lead agency has prepared environmental review documents pursuant to the California Environmental Quality Act (CEQA), and Final Map approval is statutorily exempt pursuant to Cal. Code of Regs., Sec. 15268(b)(3); and,
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orange Cove hereby makes the following findings:
1. That the proposed location and layout of the Singh/Kaur Final Parcel Map No.2023-01, its improvement by design, and the conditions under which it will be maintained are consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.
2. That the proposed Singh/Kaur Final Parcel Map No.2023-01, its improvement and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The project site shares a border with existing residential development.
3. That the site is physically suitable for the Singh/Kaur Final Parcel Map No.2023-01 and has been determined to be in conformity with all provisions of Title 16 of the Orange Cove Municipal Code, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.
4. That the proposed Singh/Kaur Final Parcel Map No. 2023-01 design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access
5. through or use of property within the proposed subdivision.
6. The Singh/Kaur Final Parcel Map No. 2023-01 is designed to comply with the City of Orange Cove Standard Construction Drawings standards.
7. That the preliminary soils report required by Orange Cove Municipal Code Sec. 16.24.030 has been submitted and deemed adequate by the City Engineer.
8. That the location and configuration of the lots to be created by the Singh/Kaur Final Pare Map No. 2023-01 substantially conform to the previously approved Tentative Parcel Map.
BE IT FURTHER RESOLVED THAT the City Council of the City of Orange Cove hereby approves the Singh/Kaur Final Parcel Map No. 2023-01 located on the real property herein above described in accordance with the terms of this resolution under the provisions of Chapter 16.28 of the Subdivision Ordinance Code of the City of Orange Cove.
The foregoing resolution was adopted upon a motion by Council member , Council member seconded the motion at a regular meeting of the Orange Cove City Council on the 10th day of December 2025 and carried out by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMEBRS:
The foregoing resolution is hereby approved on this 10th day of December 2025.
Diana Guerra-Silva
Mayor
Attest:
Cynthia Cisneros
City Clerk
2 When Recorded Mail To:
City Clerk City of Orange Cove
633 Sixth Street
Orange Cove, CA 93464
NO FEE - Government Code 6103
Exempt from SB82 fees per Government
Code 27388.1 (a)(2)(D)
City of Orange Cove
Building, Planning, Inspection & Engineering Department PM 2023-01
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING LAND
DEVELOPMENT FOR SINGH DEVELOPMENT PROJECT
TENTATIVE PARCEL MAP NO. 2023-01
Site Information
APN 375-040-361 (Portion)
West Side of Anchor Avenue Approximately 750 Feet North of Park Boulevard
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
INTRODUCTION
This document establishes the Covenants, Conditions, and Restrictions governing the development, use, and maintenance of the real property identified as Parcels 1 through 8 of Tentative Parcel Map No. 2023-01 in the City of Orange Cove, Fresno County, California (the "Subject Property"). Executed and recorded pursuant to the requirements of the City of Orange Cove's authority to impose conditions on subdivisions, as well as applicable California Government Code pertaining to subdivision and mapping, these covenants shall run with the land and be binding upon all successive owners. Palwinder Singh and Ravinder Kaur, as the owners and subdividers, set forth these provisions to ensure compliance with the City's Special Permit, Tentative Map, and relevant building codes, while enhancing the overall attractiveness and value of the Subject Property and surrounding areas.
PROJECT INFORMATION
This project, concerning Tentative Parcel Map No. 2023-01, is being developed by Palwinder Singh and Ravinder Kaur. This subdivision involves the creation of eight (8) parcels, intended for commercial purposes. The Subject Property is identified by Assessor's Parcel Number (APN) 375-040-361 (Portion) located on the west side of Anchor Avenue, approximately 750 feet north of Park Boulevard in the City of Orange Cove, Fresno County, California. The Engineer/Surveyor of record is Moua Engineering & Surveying, LLC.
RECITALS
WHEREAS, Palwinder Singh and Ravinder Kaur, Husband and Wife as Community Property With Right of Survivorship, hereinafter referred to as the "Covenantor," are the owners and subdividers of that certain real property in the City of Orange Cove, County of Fresno, State of California, hereinafter referred to as "Subject Property" and more particularly described as follows:
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
Parcels 1, 2, 3, 4, 5, 6, 7 and 8 inclusive of Tentative Parcel Map No. 2023-01 according to the map thereof recorded in Book _ of Parcel Maps at Page Fresno County Records; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, the Covenantor has developed or intends to develop the Subject Property with structures, driveways, landscaping, landscape irrigation, and other requirements in accordance with the approved Special Permit application designated as Tentative Parcel Map 2023-01 and any amendments thereto, hereinafter referred to as "Special Permit;" and WHEREAS, the City of Orange Cove is unable to find that Parcel Map 2023-01 is in substantial compliance with the City's Conditions of Approval for Tentative Parcel Map 2023-01 dated September 16, 2024 issued by the City and any amendments thereto ("Tentative Map") until the Covenantor provides assurance that such improvements and buildings will be constructed and maintained in compliance with the conditions of approval of the Special Permit, Tentative Map, the California Building Code and the Orange Cove Municipal Code.
COVENANTS, CONDITIONS, AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare.
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
1. The Subject Property shall be developed and used in such a manner as to enable cross access between and among the parcels for the following purposes:
a. Pedestrian and vehicular ingress and egress;
b. Construction of shared roadway within 20-foot utility easement or as needed for access;
c. Shared Parking;
d. Drainage for storm water and storm water facilities; e. All utilities (including but not limited to gas, electricity, water, fire suppression systems, sanitary sewer, telecommunications, etc.);
f. Access to all buildings and areas for emergency services at all times, including during construction and operation of all buildings and parcels;
g. Landscaping; walls/fences; solid waste facilities; and h. Any additional uses pursuant to amendments to the Special Permit/Tentative Parcel Map approved by the City.
2. Mutual easements appurtenant are hereby created and apply to each parcel of the Subject Property as a burden and benefit, to satisfy the need for cross access for each of the purposes identified in paragraph 1, above.
3. Any buildings or structures constructed on any parcel of the Subject Property must comply with the prevailing California Building Code.
4. Covenantor shall repair and maintain all components of the fire suppression water system installed on the Subject Property including, but not limited to, those components relating to the underground water supply for the fire suppression
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
system in full compliance with all applicable federal and state laws and the Orange Cove Municipal Code.
5. If properties are sold and owned by multiple entities, private agreements shall be required to ensure continued maintenance and repair of shared facilities. All property owners of all parcels within this parcel map will be responsible for continued maintenance and repair of shared facilities.
6. As between the City of Orange Cove and Covenantor, the cost of maintenance and repair of improvements, utility charges which are not separately metered and billed (including but not limited to charges for sewer, water, solid waste collection, gas, electric and tele-communication service), shall be the responsibility of the Covenantor.
7. The Covenantor shall comply with the City's Conditions of Approval for Tentative Parcel Map 2023-01 dated September 16, 2024 (attached as Exhibit A), issued by the City and any amendments thereto. At the time of any development any and all conditions will be required and enforced, including requirements to record covenants and install landscaping and public improvements. Some requirements include:
a. Installation of sewer service for all parcels. At the time the first development is proposed on the Subject Property, it will be required that the 8-inch main that serves all parcels be constructed pursuant to Utility Condition #1. Utility Conditions 1-8 must be met at the time of the first development proposed on the Subject Property.
b. Compliance with Drainage Conditions 1-7 will also be required at the time of any development on the Subject Property. Prior to issuance of any permits, a full drainage report is required and must be approved.
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
Curb and gutter may be required along the frontages of several parcels for drainage purposes and is depended on review and approval of the drainage report. Enlargement of basin and indicated in the conditions may also be required for individual development, depending on the outcome of the drainage study.
c. Walls and landscaping will be required as outlined in the Conditions of Approval.
8. At such time the Covenantor, or subsequent owners), sells or transfers any parcel of the Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and except from the deed for the parcel(s), an easement consistent with the terms of this Statement of Covenant.
9. The conditions of this Statement of Covenant are intended to benefit the public and public properties as well as properties appurtenant. Failure of a Covenantor to comply with the terms of this Statement of Covenant may result in the revocation of the Certificate of Occupancy of Special Permit by the City for use of any parcel owned by such non-compliant Covenantor that is the subject of the failure to comply. Accordingly, the City of Orange Cove shall have the right to enforce this Statement of Covenant by any legal or equitable means.
10. Each of the covenants, conditions, and restrictions contained in this Statement of Covenant shall run with the Parcels and shall be binding on each successive owner, his/her/theirs/its heirs, representatives, successors, and assigns.
11. If any party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees.
12. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
13. The conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as the Development and Resource Management Department Director of the City of Orange Cove issues a written release of such conditions and obligations and records such release with the Fresno County Recorder.
14. The provisions of this Statement of Covenant shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. Whenever the context of the Statement so requires, in
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Parcel Map 2023-01
interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.
15. This covenant shall apply to all of the lots within the Subject Property regardless of any adjustments to any lot lines within the boundary of the Subject Property. [SIGNATURES FOLLOW ON THE NEXT PAGE]
STATEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS
arcel Map 2023-0
aae 9 of s
CITY OF ORANGE COVE COVENANTOR
a Municipal Corporation OWNER/SUBDIVIDER
Planning Department
Encarnacion "Shun" Patlan
By. By:_
Shun Patlan, Planning Director Palwinder Singh Date
Date:
APPROVED AS TO FORM: By:_
Ravinder Kaur Date
Griswald, LaSalle, Cobb, Dowd & Gin,
L.L.P. / City Attorney
By:
Megan N. Crouch, City Attorney
Date:
(Attach Notary Acknowledgments for
Covenantors)
Conditions of Approval
Singh Final Parcel Map 2023-01
Building and Planning
1. Applicant shall pay all applicable development impact fees at the rate in effect at the time of payment. Commercial fees are collected at the issuance of Building Permits.
2. No water service connection shall be made to the City of Orange Cove water system until a bacteriological report has been accepted by the City Engineer.
3. The subdivider, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in the public right-of-way and the area reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Orange Cove Standard Drawings Requirements.
4. The subdivider shall indicate on construction drawings the depth, location and type of material of any existing Orange Cove Irrigation District's irrigation line along the proposed or existing street rights-of-way or onsite. Any existing canals shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer.
5. All existing on-site agricultural irrigation systems shall be identified. Their disposition shall details of all existing irrigation systems to the City Engineer for specifications of abandonment or relocation. The subdivider shall consult with OCID for any additional requirements for lines to be abandoned. The subdivider shall provide waivers from all users.
6. Right to Farm. The owner/developer shall notify all potential lot buyers before they purchase a lot that this tract is adjacent to property that is zoned for agricultural use.
Residents of property in or near agricultural districts should be prepared to accept the inconveniences and discomfort associated with normal farm activities. Said notice shall be in a manner approved by the City. California Civil Code 3482.5 (right-to-farm law) provides that an agricultural pursuit, as defined, maintained for commercial uses shall not be or become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years.
7. Indirect Source Review (ISR). Developer shall submit an Indirect Source Review (ISR) application to the San Joaquin Valley Air Pollution Control District. No construction related activities can occur prior to receiving an approved an Air Impact Assessment (AIA) from the District and, if applicable, paying the off-site fees. No City construction related permits shall be issued without an approval letter from the district. 105G2305
Engineering
Final Map
1. A Final Parcel Map prepared by a Land Surveyor or Civil Engineer licensed to practice surveying shall be submitted to the City Engineer for review and approval.
The Final Parcel Map shall be prepared, in the form prescribed by the Subdivision Map Act and City of Orange Cove Municipal Code.
3. The following information shall be submitted to the City Engineer for review and approval:
a. Two prints of the Final Map and one electronic copy in AutoCAD format. b. One copy of the preliminary title report.
c. One set of the computer closures.
d. One legible copy of the latest recorded deed for the property being subdivided. e. One legible copy of the recorded deeds for each of the adjacent properties unless those properties are part of a recorded map which has been recorded within the last seven years; and
f. One legible copy of the Recorded Final map, Parcel Map, or Record of Survey used to prepare this Parcel Map.
4. Final parcel maps shall be in substantial conformance to the approved tentative parcel map.
Maps shall be prepared, wet signed and sealed by a civil engineer or land surveyor, registered in the State of California and licensed to prepare final maps.
5. The applicant shall post with the City, prior to approval of the final map, a separate labor and material bond, performance bond and maintenance bond for the full value of all subdivision improvements. This bond shall be in a standard form approved by the City Attorney and shall be in an amount satisfactory to the City Engineer.
6. Prior to approval of the Final Map, the applicant developer shall comply with all applicable conditions of outside agencies having jurisdiction.
7. Failure to record a final map within twenty-four months from the date of approval or conditional approval of the tentative map or within any extension of time thereof granted by the city council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted.
Dedications
Any dedications, open offers of dedication, or grants of easements to the city may be dedicated and accepted on the face of the map. Agreement or other required items shall be recorded as separate documents concurrently after recordation of the Final Map.
All streets and alleys shall be irrevocably offered for dedication and improved to City standards. Street names shall be reflected on the final map and shall be approved by the Planning Department.
3. Two entrances will be allowed from Anchor Ave., or one on Anchor and one on Sequoia View Ave.
105G2305
Utilities
1. Install sewer services for all parcels. A minimum 8 inch sewer main that serves all parcels shall be connected to the existing sewer main on the commercial property to the south.
Show proposed method of sewage disposal and elevation of existing sewer lines at points of proposed connection.
2. Subdivider shall install a water sampling station per city Standard Drawings at a location approved by the City Engineer.
3. Install water services for all parcels. The subdivider is responsible for the purchase and installation of water meters in accordance with the City of Orange Cove standards and specifications.
4. All underground utilities shall be installed in conformance with current City standards.
5. Meters, hydrants, poles, etc. shall be located clear of the sidewalk and driveways or as determined by the City Engineer. Final locations and the number of such facilities shall be determined at the time the improvement plans are reviewed.
6. The source of water supply and the point of connection shall be approved by the City Engineer. Anchor Ave. has an 8 inch water main. An 8 inch looped fire line through the development will be required with detector check valves at each connection point. A 6 inch domestic loop will be required with RP backflow prevention at each connection point or an RP backflow preventer at each lot. These lines will be privately owned by the development.
Drainage
1. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement or public street.
2. The design of the rough and precise grading plans shall be such that all pads are above the adjacent street grade. All lots must drain to the street frontage of the individual lot, unless otherwise approved by the City Engineer. Design of any retaining walls shall be detailed on the grading plan including top of footing and top of wall elevations. Residential lot drainage to the street shall be by side yard swales independent of adjacent lots. Individual lot drainage for double frontage lots shall be approved by the City Engineer.
3. Prior to the issuance of a Grading Permit for the onsite areas, a Grading Plan, including Rough Grading or Precise Grading, prepared by a recognized professional Civil Engineer shall be submitted, and the corresponding fees shall be paid to the City prior to any grading activity. The Rough and Precise Grading Plans shall be reviewed and approved by the City Engineer prior to issuance of grading permits. The Applicant is responsible for all fees incurred by the City.
4. A final drainage report, prepared by a registered Civil Engineer, shall be prepared to determine the flows exiting the site under current undeveloped conditions compared to the incrementally larger flows due to the development of the site.
5. The final drainage report shall provide curb and gutter calculations for the 1year, 5year and 1Oyear, 24-hour peak flows to verify existing curb and gutter capacity at the point of collection (existing drainage inlets) under developed conditions, do not exceed the peak flows under existing conditions.
105G2305