Orange Cove Municipal Code Ch. 16.32 Dedications, Fees, Reimbursements and Reservations

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Editor's note— Ord. No. 401, § 2, adopted August 27, 2025, repealed the former Ch. 16.32, §§ 16.32.010—16.32.210, and enacted a new Ch. 16.32 as set out herein. The former Ch. 16.32 pertained to similar subject matter and derived from the prior code §§ 11-2-901, 11-2-902.1—11-2-902.4, 11-2-902.7—11-2-902.13, 11-2-903—11-2-909; Ord. 225 § 1, adopted in 1982; Ord. 269 § 11(3), adopted in 1990; and Ord. 298 § 2(part), adopted in 2002.

The purpose of this chapter is to establish the procedures for requiring the dedication of land, the payment of fees in-lieu thereof (or a combination of both) to serve new residential subdivisions that are approved by the city council in accordance with the requirements of the city's general plan adopted in 1973. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California (the "Quimby Act"). The Quimby Act specifically authorizes the city to require dedication of parkland or the payment of fees in-lieu of such dedication in set amounts to meet the needs of the citizens of the community for parkland and to further the health, safety, and general welfare of the community. The amount and location of land to be dedicated or the fees to be paid will bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivisions subject to this chapter.

(Ord. No. 401, § 2, 8-27-2025)

For the purposes of this chapter, the words listed in this section shall have the following meanings assigned to them:

"City" means the City of Orange Cove.

"Dwelling unit" means each single-family dwelling, each dwelling unit in a duplex, apartment house or dwelling, condominium, mobile home unit, and any other place designed, occupied or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking, and eating.

"Land acquisition cost per acre" means the estimated per acre value of vacant residential land costs in the city as determined by the city council based upon receipt sale records or appraisal. The most recent land acquisition cost per acre may be reflected in a city council resolution. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the city, whose appraisal may be accepted or rejected by the director of building and planning.

"Number of dwelling units" means the number of dwelling units as determined by the city based upon the number of units allowed pursuant to the standards of the city's zoning code or as otherwise specified by the city on the property included in the subdivision at the time the tentative map or parcel map is filed for approval.

"Park" means a parcel or contiguous parcels of land, which provide recreational land and facilities for the benefit and enjoyment of the residents of the city.

"Quimby Act" means California Government Code Section 66477, as amended from time to time, or any successor statute.

"Quimby fees" means fees paid as a condition to the approval of a tentative map or parcel map pursuant to this chapter and the Quimby Act in lieu of dedicating land to the city for park and recreational purposes.

"Residential development" means any development that creates new or increases the number of existing dwelling units on a property.

"Subdivider" means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for himself or for others.

"Subdivision Map Act" means California Government Code 66410 et seq., as amended from time to time, or any successor statute.

(Ord. No. 401, § 2, 8-27-2025)

All standards for park dedication and improvement shall comply with the Quimby Act, the Subdivision Map Act, and the conservation, open space and recreation element of the city's general plan. The dedication and improvement of land and/or Quimby fees for park or recreational purposes shall be at a rate of three acres of park area (and/or Quimby fees) per one thousand subdivision residents.

(Ord. No. 401, § 2, 8-27-2025)

As a condition of approval of a tentative map, parcel map or parcel map waiver certificate, the city shall require subdivider to dedicate land or pay a fee in lieu of dedicating the land, and pay a parks and recreational facilities fee as prescribed in Chapter 3.30 of this code for park or recreational purposes at the time and according to the standards contained in this chapter and in Chapter 3.30.

A. This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act.

B. When a condominium, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty. Pursuant to California Government Code Section 66477(e), these kinds of developments shall be eligible to receive a credit against the amount of land required to be dedicated or the amount of fee imposed pursuant to this chapter.

C. Notwithstanding the requirement in this chapter that fees be used to serve the subdivision for which the fees were paid, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood in which the subdivision for which fees were paid as a condition to the approval of a final map, parcel map or parcel map waiver certificate, if all of the following conditions are met:

1. The neighborhood in which the fees are to be expended has fewer than three acres of park area per one thousand members of the neighborhood population.

2. The neighborhood in which the subdivision for which the fees were paid has a park area per one thousand members of the neighborhood population that meets or exceeds the ratio calculated pursuant to this chapter.

3. The city's city council holds a public hearing before using the fees pursuant to this chapter, and at that public hearing, makes a finding supported by evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the alternative neighborhood where the fees are spent.

4. The fees shall be used within the geographic boundaries of the city, so long as a reasonable relationship can be demonstrated between the location of the use of the fees and the subdivision for which the fees were paid.

5. The fees shall be used in a manner consistent with the conservation, open space and recreation element of the city's general plan, as well as any policy, standard, principle, or guideline adopted in accordance therewith.

(Ord. No. 401, § 2, 8-27-2025)

A. It is found to determine that the public interest, convenience, health, welfare and safety require that three acres of property for each one thousand persons residing within the city be devoted to the local public park and recreational purposes. The subdivider shall provide parkland and park improvements sufficient to serve the residents of the subdivision.

B. Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved for recreation purposes as follows:

[Figure]

Example of a 25-lot single-family subdivision:

[Figure]

C. Quimby Fees. Where the requirements of this chapter are solely complied with on the basis of the payment of in-lieu fees, such fees shall be calculated in the following manner:

[Figure]

The land acquisition cost per acre amount of the Quimby fees may be adopted by resolution of the city's city council. The city's city council may adopt and/or revise the fee amount as often as on an annual basis.

D. Persons per unit. For purposes of the formulas set forth above, the number of people projected to occupy the subdivision and the resulting acreage requirement per dwelling unit, as established by the most recent available federal census, is 3.95 persons per unit which equates to an acreage requirement per unit of 0.01185.

E. Where the requirements of this chapter are complied with by both the provision of parkland and payment of Quimby fees, the amount of the Quimby fees shall be computed by determining the required amount of parkland in accordance with the provisions of division (A) and subtracting the amount of parkland actually provided. The remainder shall be converted to a fee in accordance with the provisions of division (B).

(Ord. No. 401, § 2, 8-27-2025)

For subdivisions of fifty or more units, the subdivider shall have the option to either dedicate land or pay Quimby fees or a combination of both on the following basis:

A. When only a portion of the subdivision is proposed for future park site(s) in conformance with this chapter, such portion shall be dedicated to the city for park and recreational purposes pursuant to the dedication standards set forth in Section 16.32.010, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to Sections 16.32.050(8) and 16.32.050(C). If no parkland dedication is provided, the subdivider shall pay Quimby fees for three acres per one thousand residents computed pursuant to Section 16.32.050(E).

B. When a major portion of a park or recreational site/facility serving the proposed subdivision has already been acquired by the city, and only a portion of additional land is needed from the subdivision to complete the site/facility, such remaining portion shall be dedicated to the city pursuant to the standards set forth in Section 16.32.050, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to Section 16.32.050(£). Such fees may be used for either the improvement of the existing park and recreational site/facility or for the improvement of other park and recreational sites/facilities serving the subdivision at the sole discretion of the city.

(Ord. No. 401, § 2, 8-27-2025)

Where a park or recreational facility has been designated in the conservation, open space and recreation element of the city's general plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to resolution adopted by the city's city council.

(Ord. No. 401, § 2, 8-27-2025)

The development impact fee for parks and recreational facilities is prescribed in Chapter 3.30 of this code. The development impact the does not include, and is separate from, the cost of land which is required to be dedicated or a fee paid in lieu of dedication according to Section 16.32.050.

The value of the land, as determined by the city, which is dedicated for park purposes pursuant to Section 16.32.080, to be deducted from the parks and recreational facilities fee is determined by Chapter 3.30 of this code.

(Ord. No. 401, § 2, 8-27-2025)

Where the proposed subdivision lies within an area not then but to be included within the city's general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city's general plan and in accordance with the provisions of this section.

(Ord. No. 401, § 2, 8-27-2025)

A. Whether the city's city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The conservation, open space and recreation element of the city's general plan;

2. Topography, geology, access, and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. The feasibility of dedication;

5. Compatibility of dedication with the conservation, open space and recreation element of the city's general plan; and

6. Availability of previously acquired park property.

B. The determination of the city's city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. No. 401, § 2, 8-27-2025)

No credit shall be given for private open space in a subdivision.

(Ord. No. 401, § 2, 8-27-2025)

A. At the time of approval of the tentative map or parcel map and in accordance with the criteria set forth in this chapter, the Quimby Act, the Subdivision Map Act, the conservation, open space and recreation element of the city's general plan, the city's city council shall determine as part of such approval, the land to be dedicated and/or fees to be paid by the subdivider. The conditions of approval of any applicable tentative map or parcel map shall require the dedication of land, the payment of Quimby fees, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or parcel map.

B. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land/or pay the fees as previously determined by the city's city council. Any fees shall be placed in a specially designated fund and used only for the acquisition and development of new, or improvement and/or rehabilitation of existing park and recreational facilities. Any fees collected under this chapter shall be appropriated by the city's city council, but need not be spent, within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not appropriated, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

C. A dedication of parkland shall be made prior to the recordation of any applicable tentative map or parcel map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the city shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept.

D. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

E. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.

(Ord. No. 401, § 2, 8-27-2025)

At the time of approval of the final subdivision map, the city's city council shall specify when development of the park or recreational facilities shall be commenced.

(Ord. No. 401, § 2, 8-27-2025)

A. The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

B. The provisions of this section also shall not apply to industrial or commercial development; nor to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

(Ord. No. 401, § 2, 8-27-2025)

A. A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located, such land as the city council deems to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

Exception: The city's city council shall not require the dedication of an amount of land which would make the development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

B. This section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative subdivision map.

C. The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map by the city's city council. If, within thirty days after the requirement of dedication is imposed by the city's city council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, this requirement shall be automatically terminated.

D. The required dedication shall be made anytime before, concurrently with, or up to sixty days after the filing of the final map for any portion of the subdivision.

E. In the event the school district accepts the dedication, it shall repay the subdivider or his successors the original cost to the subdivider of dedicated land, plus such other additional cost and expenses of the subdivider as are more particularly provided in Section 66478 of the Government Code.

F. In the event the land is not used by the school district as a school site within ten years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefore, together with interest at the rate of seven percent per year from the date the option is exercised.

G. The school district to which the property is dedicated shall record a certificate with the clerk-recorder of the county containing therein all information required by Section 66478 of the Government Code.

(Ord. No. 401, § 2, 8-27-2025)

A. The city may require that areas of real property within a subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions:

1. The requirement is based upon an adopted specific plan or the city's general plan containing a community facilities element, a recreation and parks element, or a public building element, and the required reservations are in accordance with definite principles and standards contained therein.

2. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

3. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

B. The reserved area shall conform to the adopted specific or the city's general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

C. The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

D. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. No. 401, § 2, 8-27-2025)

Prior to the filing of any final or parcel map, the subdivider shall pay or cause to be paid strong drainage fees and sanitary sewer fees as specified in Chapter 3.30 of this code.

(Ord. No. 401, § 2, 8-27-2025)

Prior to the filing of any final or parcel map, the subdivider shall pay or cause to be paid, traffic control facility fees and/or street and thoroughfare fees as specified in Chapter 3.30 of this code.

(Ord. No. 401, § 2, 8-27-2025)

A. Supplemental Improvements—Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

B. Supplemental Improvements—Reimbursement Agreement—Funding Procedures.

1. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.20.110 is held thereon by the city's city council and the city's city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

2. In addition to the notice required by Section 16.20.110 of this title, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

C. Supplemental Improvements—Drainage, Sewerage, Bridges and Major Thoroughfares. If the city has adopted a local drainage or sanitary plan or map as required for the imposition of fees thereof, or has established an area of benefit for bridges or major thoroughfares as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the charge as set forth in this ordinance. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the city therefore may be utilized to reimburse the subdivider as set forth herein.

(Ord. No. 401, § 2, 8-27-2025)

City will provide water meters to be installed by the subdivider. The subdivider shall pay, in advance, a fee equal to the city's cost in acquiring these water meters for the subdivider. Subdivider shall install these meters in approved meter boxes in accordance with city improvement standards.

(Ord. No. 401, § 2, 8-27-2025)

A. Prior to filing any final map or parcel map, the subdivider shall pay a cause to be paid water facility fees specified in Chapter 3.30 of this code.

B. The subdivider may be required to replace or relocate pipeline or other water delivery facilities of the Orange Cove Irrigation District to the construction standards of the district within and/or outside the subdivision with supplemental strength, size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map. Such improvements shall be subject to the same terms, conditions, and provisions as contained in Section 16.32.190.

C. Subdivider shall obtain, at subdivider's expense and as a condition precedent to approval of such map, the certification of Orange Cove Irrigation District that any planned improvements conform to the construction standards of the district. The standards shall not exceed the requirements of generally accepted engineering practices or specifications of the state for like facilities. The certification shall not be unreasonably withheld. Subject to the above provisions, the city council shall make the final decision in all the matters.

(Ord. No. 401, § 2, 8-27-2025)

A. Pedestrian walkways or bike ways may be required where needed for:

1. Access to schools, playgrounds or parks, shopping centers, or other public areas;

2. Traffic safety;

3. Access through unusually long blocks; or

4. Access to public areas shown on an approved general plan.

B. Dedications for bicycle paths may only be required for subdivisions which have two hundred lots or more on the final map.

(Ord. No. 401, § 2, 8-27-2025)