Delano City Council
October 20, 2025

CITY OF DELANO PLANNING COMMISSION
RESOLUTION NO. 2025-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DELANO,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. GPA 2025-001 AND ADOPT AN ORDINANCE TO AMEND

THE DELANO MUNICIPAL CODE AND OFFICIAL ZONING MAP (ZONE AMENDMENT NO. ZONE-25-0001) IN ORDER TO ADOPT AND IMPLEMENT THE DELANO GENERAL PLAN 2023-2031 HOUSING ELEMENT
WHEREAS, the Housing Element is a mandatory component of the General Plan in accordance with state law. The purpose of the Housing Element is to address the housing needs of both current and future residents. The State of California imposes a requirement on all cities to adopt a Housing Element and provide a comprehensive description of the essential conditions; and
WHEREAS, the City of Delano’s Fifth Cycle Housing Element (2015-2023 reporting period) is due to be updated; and
WHEREAS, the City's objective in this update is to obtain certification of the Housing Element for the 6th Cycle (2023-2031 reporting period) from the State of California Department of Housing and Community Development (HCD); and WHEREAS, on September 10, 2025, HCD confirmed that the draft Housing Element submitted on July 16, 2025, along with technical edits received on September 8, 2025, would satisfy the statutory requirements and be compliant with State Housing Element Law (Gov. Code §65580 et seq.) upon adoption by the City and completion of Program 1 rezoning of sites to fully accommodate Delano’s regional housing needs allocation (RHNA); and
WHEREAS, the City of Delano, to adopt the 2023-2031 Housing Element and implement Program 1 of that element, is initiating General Plan Amendment GPA 2025- 001, and an ordinance (draft attached) to amend the Delano Municipal Code and approve ZONE-25-0001, as described below:

General Plan Amendment to adopt the City of Delano 2023-2031 6 th Cycle
Housing Element Update, Final September 2025.

Zoning Code Text Amendment to establish the Affordable Housing Overlay (AH) District with appropriate development standards including a required minimum density of 20 units per net acre and maximum density of at least 29 dwelling units per net acre, and establish a ministerial by-right review procedure applicable to eligible affordable housing projects including those in the AH zones as required by state housing element law and consistent with the Housing Element, as set forth in the attached Exhibit 1: Delano Municipal Code Amendments.

PC Reso 2025-11

Zone Change to rezone property on sites as set forth in the attached Exhibit 2:

Delano Official Zoning Map Amendments.

WHEREAS, the Planning Commission has reviewed and considered the staff report and environmental documentation included in the accompanying materials prior to acting on the proposed general plan amendment, zoning code text amendment, and zone change. The staff report, 2023-2031 Housing Element, draft ordinance, and environmental determination are on file and available through the Community Development Department at Delano City Hall.

WHEREAS, on October 8, 2025, the Planning Commission conducted a duly noticed public hearing on the proposed actions and considered public testimony and materials in the staff report and accompanying documents, at which time all interested parties were given full opportunity to be heard.

NOW, THEREFORE, THE DELANO PLANNING COMMISSION DOES
RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and incorporated herein.

SECTION 2. The Planning Commission hereby finds and determines that the City of Delano 2023-2031 6th Cycle Housing Element and implementing ordinance are exempt from further environmental review under the California Environmental Quality Act (CEQA) and CEQA Guidelines in that they are exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the housing element and ordinance will not have a significant effect on the environment. The ordinance is also exempt under Public Resources Code Section 21080.085 as it is a rezoning that implements a schedule of actions contained in the approved housing element. The housing element and ordinance will not result in a direct or reasonably foreseeable indirect change in the physical environment; these are not associated with and do not give any entitlement approvals to any development projects. Changes made by the ordinance include development review procedures to conform with existing state law, and are necessary to implement the rezoning of sites in accordance with Program 1 of the Housing Element.

SECTION 3. The Planning Commission hereby finds and determines that the rezoning of the sites as provided in the proposed ordinance will accommodate 313 units toward Delano’s “lower RHNA” of 530 units, making up for the shortfall of 238 units. The rezoning of the sites as provided in the proposed ordinance will also apply minimum density/by-right zoning to 528 units of capacity in the City.

SECTION 4. The Planning Commission hereby finds and determines the following (for the proposed general plan amendment):
a) The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan, or the General Plan as revised by the proposed PC Reso 2025-11

amendment, and will not result in any internal inconsistencies within the General Plan in that the 2023-2031 Housing Element has been reviewed for internal consistency with the 2045 General Plan, a comprehensive update of the Delano General Plan which is expected to be adopted in the near future. Minor revisions are being made to the 2045 General Plan prior to adoption to ensure consistency with the 2023-2031 Housing Element.
b) The proposed amendment will not adversely affect the public health, safety, or general welfare in that there will be a community benefit resulting from the amendment, in that City adoption of the amendment and related actions is necessary for the City’s compliance with state housing element law and eligibility for funding tied to the City’s compliance with state housing element law. c) The proposed amendment is consistent with the purposes and intent of this Title, unless such amendment proposes to change, supplement, or alter any part of this Title, whereas said amendment must be consistent with all applicable sections including these findings in that it will promote the public health, safety, convenience, and welfare by facilitating the development of housing, including affordable housing, to help meet Delano’s share of the regional housing need as identified by the Kern Council of Governments.
d) The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts in that in that the general plan amendment is exempt from further environmental review under CEQA as described in the above environmental finding.

SECTION 5. The Planning Commission hereby finds and determines the following (for the proposed change of zone and text revision ordinance):
a) The proposed change of zone and text revision is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan in that the zone change and text amendment are necessary to implement Program 1 of the Housing Element and achieve Housing Element certification by the state Department of Housing and Community Development.
b) The proposed change of zone and text revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern in that it makes changes to development review procedures in compliance with state law and allows higher density residential development in locations that have adequate access and are consistent with the General Plan land use diagram. c) The proposed change of zone and text revision is consistent with the purpose and intent of the remainder of this Title not under consideration in that it will promote the public health, safety, convenience, and welfare by facilitating the development of housing, including affordable housing, to help meet Delano’s share of the regional housing need as identified by the Kern Council of Governments. d) The potential environmental impacts of the proposed change of zone and text revision are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts, in that the ordinance is exempt

City Council
Resolution
CC Reso 2025-

CITY OF DELANO CITY COUNCIL
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GPA 2025-001 TO ADOPT THE DELANO GENERAL PLAN 2023-2031 HOUSING ELEMENT, AND FINDING THE

ACTION TO BE EXEMPT FROM REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the Housing Element is a mandatory component of the General Plan in accordance with state law. The purpose of the Housing Element is to address the housing needs of both current and future residents. The State of California imposes a requirement on all cities to adopt a Housing Element and provide a comprehensive description of the essential conditions; and
WHEREAS, the City of Delano’s Fifth Cycle Housing Element (2015-2023 reporting period) is due to be updated; and
WHEREAS, the City's objective in this update is to obtain certification of the Housing Element for the 6th Cycle (2023-2031 reporting period) from the State of California Department of Housing and Community Development (HCD); and WHEREAS, on September 10, 2025, HCD confirmed that the draft Housing Element submitted on July 16, 2025, along with technical edits received on September 8, 2025, would satisfy the statutory requirements and be compliant with State Housing Element Law (Gov. Code §65580 et seq.) upon adoption by the City and completion of Program 1 rezoning of sites to fully accommodate Delano’s regional housing needs allocation (RHNA); and
WHEREAS, the City of Delano, to adopt the 2023-2031 Housing Element and implement Program 1 of that element, has initiated General Plan Amendment GPA 2025- 001, as described below:

General Plan Amendment to adopt the City of Delano 2023-2031 6th Cycle Housing Element Update, Final September 2025.

WHEREAS, on October 8, 2025, the Planning Commission conducted a duly noticed public hearing for the proposed actions including General Plan Amendment GPA 2025-001 and recommended approval of the proposed general plan amendment after considering public testimony and accompanying documents.

WHEREAS, the City Council has reviewed and considered the staff report and environmental documentation included in the accompanying materials prior to acting on the proposed general plan amendment. The staff report, 2023-2031 Housing Element, CC Reso 2025-

and environmental determination are on file and available through the Community Development Department at Delano City Hall.

WHEREAS, on October 20, 2025, the City Council conducted a duly noticed public hearing on the proposed general plan amendment and considered public testimony and materials in the staff report and accompanying documents, at which time all interested parties were given full opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DELANO DOES RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and incorporated herein.

SECTION 2. The City Council hereby finds and determines that the General Plan Amendment adopting the City of Delano 2023-2031 6th Cycle Housing Element is exempt from environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines because it can be seen with certainty that the General Plan Amendment (Housing Element Update)will not have a significant effect on the environment. The Housing Element Update is a policy document and will not result in a direct or reasonably foreseeable indirect change in the physical environment; it does not give any entitlement approvals to any development projects.

SECTION 3. General Plan Amendment Findings. Pursuant to Section 20.2.30(6) of the Delano Municipal Code, the City Council hereby finds and determines as follows:
a) The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan, or the General Plan as revised by the proposed amendment, and will not result in any internal inconsistencies within the General Plan in that the 2023-2031 Housing Element has been reviewed for internal consistency with the 2045 General Plan, a comprehensive update of the Delano General Plan which is expected to be adopted in the near future. Minor revisions are being made to the 2045 General Plan prior to adoption to ensure consistency with the 2023-2031 Housing Element.
b) The proposed amendment will not adversely affect the public health, safety, or general welfare in that there will be a community benefit resulting from the amendment, in that City adoption of the amendment and related actions is necessary for the City’s compliance with state housing element law and eligibility for funding tied to the City’s compliance with state housing element law. c) The proposed amendment is consistent with the purposes and intent of Title 20 of the Municipal Code and does not propose to change, supplement, or alter any part of Title 20. The amendment will promote the public health, safety, convenience, and welfare by facilitating the development of housing, including affordable housing, to help meet Delano’s share of the regional housing need as identified by the Kern Council of Governments.

CC Reso 2025-

d) The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts in that in that the general plan amendment is exempt from further environmental review under CEQA as described in the above environmental finding.

SECTION 4. For the foregoing reasons, the City Council hereby approves General Plan Amendment No. GPA 2025-001 adopting the 2023-2031 Housing Element, based on the above findings.

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Delano this 20th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Liz Morris, Mayor
ATTEST: ________________________________
Ricardo Chavez, City Clerk
Ordinance and
Ordinance Exhibits
ORDINANCE NO. 2025-___

AN ORDINANCE OF THE CITY OF DELANO, CALIFORNIA,

APPROVING AN AMENDMENT TO THE ZONING CODE TO ESTABLISH

THE AFFORDABLE HOUSING OVERLAY (AH) ZONE AND IMPLEMENT

MINISTERIAL REVIEW OF AFFORDABLE HOUSING PROJECTS, AND

AN AMENDMENT TO THE OFFICIAL ZONING MAP (ZONE
AMENDMENT NO. ZONE-25-0001), TO IMPLEMENT THE DELANO
GENERAL PLAN 2023-2031 HOUSING ELEMENT
THE CITY COUNCIL OF THE CITY OF DELANO DOES ORDAIN AS FOLLOWS:

SECTION 1: Recitals. The City Council finds and determines that the following recitals are true and correct:

A. The City of Delano, to implement the rezoning required with adoption of the 2023- 2031 Housing Element, has initiated an amendment to Title 20 (Zoning) of the Delano Municipal Code, including an amendment to the Official Zoning Map to rezone property as described below:

Zoning Code Text Amendment to establish the Affordable Housing Overlay (AH) District with appropriate development standards including a required minimum density of 20 units per net acre and maximum density of at least 29 dwelling units per net acre, and establish a ministerial by-right review procedure applicable to eligible affordable housing projects including those in the AH zones as required by state housing element law and consistent with the Housing Element, as set forth in the attached Exhibit 1: Delano Municipal Code Amendments.

Zone Change to rezone property on sites as set forth in the attached Exhibit 2:

Delano Official Zoning Map Amendments.

B. On October 8, 2025, the Planning Commission conducted a duly noticed public hearing for the proposed zoning code text amendment and zone change ordinance and recommended approval of the proposed ordinance after considering public testimony and accompanying documents.

C. The City Council has reviewed and considered the staff report and accompanying materials prior to acting on the proposed ordinance. The staff report, 2023-2031 Housing Element, draft ordinance, and environmental determination are on file and available through the Community Development Department at Delano City Hall.

D. On October 20, 2025, the City Council introduced and conducted a duly noticed public hearing on the proposed ordinance and considered testimony and materials in the staff report and accompanying exhibits and documents, at which time all interested parties were given full opportunity to be heard.

E. On October 20, 2025, the City Council approved the general plan amendment adopting the City of Delano 2023-2031 6th Cycle Housing Element into the City’s General Plan.

SECTION 2: Findings. The City Council finds, determines, and declares as follows:

A. Environmental Finding. The City Council finds and determines that this ordinance, which implements the City of Delano 2023-2031 6th Cycle Housing Element, is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085 as it is a rezoning that implements a schedule of actions contained in the approved housing element. Changes made by this ordinance include development review procedures to conform with existing state law, and are necessary to implement the rezoning of sites in accordance with Program 1 of the Housing Element.

B. The City Council finds and determines that the rezoning of the sites as provided in this ordinance will accommodate 313 units toward Delano’s “lower RHNA” of 530 units, making up for the shortfall of 238 units. The rezoning of the sites as provided in this ordinance will also apply minimum density/by-right zoning to 528 units of capacity in the City.

C. Zoning Amendment Findings. The City Council finds and determines the following:
a) This change of zone and text revision is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan in that the zone change and text amendment are necessary to implement Program 1 of the Housing Element and achieve Housing Element certification by the state Department of Housing and Community Development.
b) This change of zone and text revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern in that it makes changes to development review procedures in compliance with state law and allows higher density residential development in locations that have adequate access and are consistent with the General Plan land use diagram.
c) This change of zone and text revision is consistent with the purpose and intent of the remainder of this Title not under consideration in that it will promote the public health, safety, convenience, and welfare by facilitating the development of housing, including affordable housing, to help meet Delano’s share of the regional housing need as identified by the Kern Council of Governments. d) The potential environmental impacts of this change of zone and text revision are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts, in that this ordinance is exempt from further environmental review under CEQA as described in the above environmental finding.

SECTION 3. Title 20 of the Delano Municipal Code is hereby amended as provided in Exhibit 1, attached hereto and incorporated herein by reference.

SECTION 4. The Official Zoning Map, Title 20 of the Delano Municipal Code, is hereby amended as provided in Exhibit 2, attached hereto and incorporated herein by reference.

SECTION 5. Severability. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 6. Certification and Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Delano’s book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with state law.

SECTION 7. Effective Date. This Ordinance will become effective 30 days after its adoption.

PASSED AND ADOPTED this 3
rd day of November 2025, by the City of Delano.
______________________________
Liz Morris, Mayor
ATTEST:
________________________________
Ricardo Chavez, City Clerk
APPROVED AS TO FORM:
________________________________
Mark D. Hensley, City Attorney
Exhibit 1: Delano Municipal Code Amendments
Revise Section 20.1.110 of Title 20 of the Delano Municipal Code to add the following to the list of zone districts:

Affordable Housing Overlay (AH) District
Revise Table 2.A in Section 20.2.30 of Title 20 of the Delano Municipal Code to:
a) add a new row with “AH” in the Zone Districts column, and “C” in both the HR and C columns, indicating that the AH overlay district is consistent with the High Density Residential and Commercial land use designations.
b) add in the key the following to the list of special districts:

AH Affordable Housing Overlay
Add Section 20.2.75 to Title 20 of the Delano Municipal Code to read as follows:

20.2.75 – Ministerial review.

Housing development projects that are required to undergo a ministerial review procedure by provisions of this zoning code or state law (but not including projects that are solely the development of accessory dwelling units) shall follow the procedures set forth in this section unless modified by state law. Exception: for projects undergoing ministerial review due to housing element law (e.g., in Affordable Housing Overlay District), any subdivision of a site shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act, thus the subdivision action is not subject to the procedures in this section.

1. Application. An application for Site Plan Review shall be submitted for projects subject to this section. Projects subject to this section shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, also known as the California Environmental Quality Act.

2. No Public Hearing. A public hearing, including public hearing notice, is not required.

3. Decision Authority. The Community Development Director has the authority to approve or deny the application for Site Plan Review.

4. Decision Criteria. The required findings for the approval of a Site Plan Review pursuant to Section 20.2.65(6) do not apply to housing development projects eligible for ministerial review pursuant to this section. Instead, the decision maker shall approve the project if he/she finds that the project is consistent with the objective, quantifiable, written development standards, plans, and policies applicable to the project. The decision maker, in approving a project may impose conditions as are reasonably necessary to ensure the project is consistent with the objective, quantifiable, written development standards, plans, and policies applicable to the project. The decision shall be made in writing.

5. Notice of Decision. Notice of the decision shall be mailed, first-class and postage prepaid to the applicant, to all persons whose names and addresses appear on the latest available assessment roll of the County of Kern as owners of property within a distance of 300 feet from the exterior boundaries of the property for which the application is filed, and to anyone who has filed a written request for notification.

6. No Appeal or Review. The decision on the application is not subject to appeal or to review by a higher body. Within 10 working days of the mailing of the notice of decision, any person believing the decision includes an error may submit to the decision maker or designee a request to reconsider and revise the decision. The decision maker or designee may issue a revised decision within 30 calendar days of the request. If no request for reconsideration is received within 10 working days of the issuance of a decision, the decision shall become final. If a request for reconsideration is received within 10 working days of the issuance of a decision, the decision shall become final immediately upon either of the following: (i) the issuance of a revised decision by the decisionmaker, or (ii) the issuance of a written statement by the decisionmaker that the request for reconsideration has been received and considered but the prior decision will remain as originally issued. Written notice of the decisionmaker’s determination after a request for reconsideration shall be mailed to the applicant and to the person(s) that filed the request for reconsideration.

Add Section 20.3.25 to Title 20 of the Delano Municipal Code to read as follows:

20.3.25 – Affordable housing (AH) overlay district.

1. Purpose and Intent. The purpose of the Affordable Housing (AH) Overlay District is to facilitate the development of higher density housing, including affordable housing, in the district.

2. Applicability of provisions. Specific provisions of the Affordable Housing Overlay District supersede those of the underlying zone district and apply to those areas that are within the overlay district. Provisions of the underlying zone district not superseded by provisions in this Section remain in force.

3. Regulations. The following provisions supersede those of the underlying zone district:
a. All development shall include residential dwelling units at a minimum density of 20 units per net acre or a maximum of 2,178 square feet of lot area per unit. b. In underlying zone districts with a maximum density, the maximum density is the greatest of the following: a) the density of the underlying zone, b) 29 dwelling units per net acre, or c) 16 units on the site. As in all districts, density bonus may increase the maximum density.
c. Owner-occupied and rental multifamily residential use shall be reviewed through a “by-right” ministerial process (set forth in Section 20.2.75 - Ministerial review) for developments that include at least 20% of units affordable to lower-income households.

Exhibit 2: Delano Official Zoning Map Amendments
Revise the Official Zoning Map, Title 20 of the Delano Municipal Code, to establish the following zones on the following sites:
“Site A”: Assessor’s Parcel Numbers 049-420-01, 049-420-02, 049-420-03, and 049-420-07, S side County Line Rd, E side Browning, hatched area shown in the map below, zoned R-3-AH. “Site B”: Assessor’s Parcel Numbers 034-220-17, 034-220-18, and 034-220-19, SEC Randolph/17th, hatched area shown in the map below, zoned R-3-AH.

R-3-AH
R-3-AH
“Site C”: Assessor’s Parcel Number 034-220-21, SWC Vasar/17th , hatched area shown in the map
below, zoned R-3-AH.
“Site D”: Assessor’s Parcel Number 410-010-05, NEC 20th/Girard, hatched area shown in the map below, zoned R-3-AH.

R-3-AH
R-3-AH
“Site E”: Portion of Assessor’s Parcel Number 520-010-27, N side Cecil Ave, 12.95-acre hatched area shown in the map below, zoned R-3-AH.

12.95. acres
R-3-AH
September 10, 2025, HCD Letter
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 10, 2025
Roman Dowling, Interim Director
Community Development Department
City of Delano
1005 11th Ave
Delano, CA 93215
Dear Roman Dowling:

RE: City of Delano’s 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the City of Delano (City) revised draft housing element update received for review on July 16, 2025, along with technical edits on September 8, 2025.

Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The revised draft element, including technical edits, meets the statutory requirements described in HCD’s February 14, 2025 review. However, the housing element cannot be found in substantial compliance until the City has completed and submitted the necessary rezones (see below) to accommodate the Regional Housing Needs Allocation (RHNA). The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when all necessary rezoning and element are adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

A jurisdiction that did not adopt a compliant housing element within 120 days from the statutory deadline (December 31, 2023) must rezone sites within one year of the statutory deadline and meet requirements pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivisions (c), (h) and (i), as applicable. As this year has passed and Program 1 (Rezone Sites and Large Sites) has not been completed to meet all statutory requirements, the housing element is out of compliance and will remain out of compliance until the rezoning has been completed and submitted to HCD to meet all statutory requirements. Once the City completes the rezoning, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence updating the status of the City’s housing element compliance.

As a reminder, the City’s 6th cycle housing element was due December 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD Roman Dowling, Interim Director

encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if any changes occur, any future adopted versions of the element must also submit the electronic version of the sites inventory.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Land Use and Climate Innovation at:
https://www.lci.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and dedication of the City in preparation and review of the housing element. HCD looks forward to receiving the City’s adopted housing element and welcomes the opportunity to provide technical assistance through the rezone and adoption process. If you have any questions or need additional technical assistance, please contact Jamillah Williams, of our staff, at [email protected].

Sincerely,
aul McDougall
Senior Program Manager
Correspondence Letters Received
From: David Dmohowski
To: Roman Dowling City Of Delano
Cc: Jason Wasmund
Subject: [EXTERNAL] City of Delano Housing Element Update Date: Wednesday, July 9, 2025 11:51:59 AM
Attachments: Delano Housing Element Update_HBA Comments_11-01-24.pdf Dear Mr. Dowling,
Thank you for the opportunity to review the latest version of your Housing Element Update.

Attached are our comments on the earlier draft. We have no additional comments other than to compliment the city and its consultant on a well presented document. Our association appreciates the recognition that streamlining the permit/regulatory review process is critical to promoting housing production and affordability in the City of Delano. The Home Builders Association of Kern County supports the adoption of the Housing Element in its current form.

Best regards,
Dave Dmohowski
Executive Officer
Home Builders Association of Kern County
661.510.8311

Sent Via Email
07/15/25
Bradley Evanson
City of Delano Community Development Director
1015 11th Avenue,
PO Box 3010
Delano, CA 93215
Phone: 661-721-3303
[email protected]
RE: City of Delano 6th Cycle Housing Element: 7-Day Update Dear Mr. Bradley Evanson,
On behalf of the Center on Race, Poverty, & the Environment (CRPE) and the Delano Guardians, we write to comment on the City of Delano’s Housing Element 7-Day Update for the 6th Cycle. We submit this letter with additional recommendations to strengthen the Delano Housing Element.

We appreciate the City of Delano for incorporating community feedback into the potential housing rezone sites and including that input in the updated Housing Element. We encourage the city to continue these efforts to enhance public participation and to incorporate community feedback moving forward. We recommend extending outreach opportunities to as many community members as possible to gather meaningful insights that can help improve and expand affordable housing opportunities in Delano.

The city’s efforts to make housing available to the most vulnerable in Delano is laudable. To advance this goal, we recommend that at least one of the sites that community members ranked as favorable to be considered and reserved for Extremely Low-Income (ELI) as Farmworker Housing. Given that many Delano residents are currently employed in the agricultural sector, it is essential to ensure a favorable location for housing these community members.

We recognize the need for affordable housing in Delano and support its development, but these developments must be completed with transparency and safety in mind. Delano sits in one of the most polluted air basins in the Country, and Delano residents experience cumulative adverse impacts from numerous sources of pollution, from air toxins created from the oil and gas and agricultural sectors to water contamination from the Delano Plume. Therefore, it is imperative that new developments consider harm to surrounding communities and the environment and that the City helps mitigate adverse impacts from air pollution, water pollution, water scarcity, and toxic releases in the vicinity.

Because residents support the development of affordable housing, and want to see these goals achieved, we recommend that Programs 1, 4, 5, and 6 for ELI and Farmworker housing include methods to keep residents informed about progress and ongoing efforts to accomplish these goals. Providing forums or opportunities for residents to learn about the grants the City applies for, grants received, and for residents to recommend other opportunities to meet these goals would help ensure these programs are successfully implemented. The community would also benefit from updates on affordable housing developments and rezoning efforts.

To help ensure the safe development of affordable housing in a transparent manner, we therefore recommend providing notice and information that is translated and accessible to the community, to all residents regarding new developments with Programs 1, 4, 5, and 6. Notice should be provided to all who request updates, and we also recommend additional measures that ensure that residents receive notice: such as notice via mail, through schools, and accessible local news sources, to name a few examples. These efforts must also take into account the current and future political climate. Given the harm, terror, and uncertainty caused by our current federal administration, many Delano residents have been affected by increased immigration enforcement; therefore, it is essential to consider this when developing outreach efforts. We also recommend increased efforts to collaborate with community members of various backgrounds and perspectives to ensure these programs are achieved.

We appreciate the City’s efforts in including our communities to help develop the Housing Element, and we look forward to continued collaboration to protect and improve Delano.

Sincerely,
Grecia Orozco
The Center on Race, Poverty, & the Environment

CITY OF DELANO

STAFF REPORT
October 20, 2025
Agenda Item: 16
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Jerry Nicholson, Chief of Police
SUBJECT: Resolution declaring the condition of the property located at 320 10th Avenue to constitute a public nuisance pursuant to Civil Code Section 3749 and Delano Municipal Code Sections 7.32.010 & 7.32.015, ordering the abatement of said nuisance, and authorizing the City Manager to cause the nuisance to be abated should the property owner fail to do so
RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing and receive written and oral public comment on this agenda item; adopt a resolution declaring the condition of the property located at 320 10th Avenue (APN No. 037-234-01-0) to constitute a public nuisance as defined in Civil Code Section 3749 and Delano Municipal Code Sections 7.32.010 and 7.32.015; order the abatement of said nuisance by removing the makeshift metal and plywood fence along 10th Avenue, removing of wood fence along the west alley, removing of wrought iron and block fence along 10th Ave and Dover St, removing the remaining concrete slab, leveling and grading the lot, and clearing the property of overgrown or dead vegetation and accumulated debris; authorize the City Manager to cause the nuisance to be abated should the property owner fail to do so; and, in such event, direct the City Manager to keep an itemized accounting of all costs incurred in the abatement of said nuisance and, if necessary, to seek reimbursement of such costs by placing a lien against the subject property in accordance with applicable law.

DISCUSSION:

State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter

7.32.) The property located at 320 10th Avenue (the “Subject Property”) was improved with a singlefamily residential dwelling. On or about May 29, 2024, a fire occurred at the Subject Property, resulting in extensive damage to the dwelling and to fencing in the rear yard.

The Subject Property was red tagged on May 30, 2024. On August 8, 2024, a Notice of Violation was mailed to the owners of record, informing them that the property had been deemed a public nuisance that must be abated and further detailing various violations of the Municipal Code, including, without limitation, DMC § 13.48.030 (Accumulations) and DMC § 7.40.060 (Security Requirements). No efforts were undertaken in the ensuing months to abate the nuisance or otherwise correct the violations, and, on March 18, 2025, an administrative citation was issued imposed fines for the persistent Municipal Code violations. No remedial action was undertaken or commenced by the property owners in response to the March 18, 2025, administrative citation and, on April 16, 2025, a second administrative citation was issued.

On April 24, 2025, the City Manager issued an Emergency Abatement Order directing the City and/or its contractors to erect a temporary fence around the perimeter of the Subject Property and to post appropriate “No Trespassing” signs warning of the danger.

On April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its May 19, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City would constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

In addition, on April 28, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the May 19 hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.

On May 19, 2025, the City Council held a duly noticed public hearing and adopted Resolution No. 2025- 37 declaring the Subject Property a public nuisance and ordering abatement of said nuisance by demolishing the structure and cleaning/clearing the Subject Property of other nuisance conditions.

In July 2025, the property owner caused the structure to be demolished and removed as directed by the City Council. However, the property owner requested that staff allow her to keep the vegetation, the wrought iron fence and the concrete driveway, in hopes that she would rebuild the recently demolished residence. Staff agreed to this request, with the condition that the owner reinstate water service to the property to water the vegetation and to provide staff with a contract or agreement with a landscaping company for the maintenance of said vegetation, and to maintain the wrought iron fence. Despite various extensions granted to the property owner to fulfill the conditions set forth by Code Enforcement staff, there are some nuisance conditions that remain on the Subject Property that the owner has heretofore failed to address. Additionally, given the history of the property with vagrants and trespassers, allowing the wrought iron fence and the concrete slab to remain with attract said vagrants onto the property giving them a spot to erect encampments and create a nuisance to the neighboring properties.

The remaining nuisance conditions that must be abated include: (i) makeshift fencing made from metal and plywood along 10th Avenue, dilapidated wood fence along west alley, and deteriorated wrought iron and block fence along 10th Ave and Dover St. in violation of DMC § 7.32.010(D); (ii) overgrown and dead and dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010(D); (iv) uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors; and (v) abandoned shopping carts and other debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030. Photographs of these conditions are attached to this report.

On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its October 6, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize removal of the makeshift fence along 10th Avenue, clearing of overgrown/dead vegetation, removal of the remaining concrete slab, leveling and grading of the dirt lot, and removal of accumulated junk and debris as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, and demolition by the City would constitute a special assessment or a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by taking the actions specified above.

After the hearing, the Resolution will be posted on the Subject Property and mailed to all owners, mortgagees, and beneficiaries under a deed of trust, of record. In the event the property owner fails to abate the nuisance condition as ordered by the Resolution within 30 days of the date of posting of the Resolution (and also does not file a petition for writ of administrative mandamus in court within 30 days), the City Manager will be authorized to abate all nuisance conditions on the Subject Property.

ENVIROMENTAL DETERMINATION:

The Resolution is not subject to the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. (“CEQA”)) because there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3). In addition, the Resolution is exempt from the provisions of CEQA as an emergency action designed to protect the public health, safety, and welfare from the multiple threats posed by the attractive nuisance of a partially destroyed structure. (14 Cal. Code Regs. § 15269(c).)
FISCAL IMPACT:

In the event the owner fails to fully abate the nuisance condition within the time prescribed in the Resolution, the City may assess against the Subject Property the costs it has incurred in the process.

The costs will constitute a nuisance abatement lien upon the property until paid. The City will have the option of foreclosing on any such lien in order to reimburse the City for its costs. If there is insufficient equity in the Subject Property to cover the City costs, there will ultimately be a negative fiscal impact.

NOTE: If the Council proceeds with this abatement and future abatements, there are significant costs in City Attorney time, City staff time, and contractors to whom the City must pay prevailing wage.

Each property owner could abate the nuisance condition much less expensively on their own.

In addition to the time required to research and prepare the correct noticing, obtain a title report, inspect and document the nuisance, and prepare the staff report and draft resolution, even after the City Council approves the resolution, the City will need to seek an abatement warrant from Superior Court (unless the property owner or occupant consents to entry upon the property) and then, finally, the City may abate by using its own personnel or by utilizing the services of a contractor. All of these costs will be itemized and then, after a public hearing is held before the City Council, a lien may be filed on the property. If there is sufficient equity in the property, eventually, upon the transfer of the property, the City will be reimbursed.

ATTACHMENT(S):

1. Draft Resolution

2. 14 Site Photographs

3. Notice of Violation

4. 2 Administrative Citations

5. Notice of Publice Hearing Regarding Public Nuisance and Abatement Order

6. Affidavits of Mailing and Posting
1 CITY COUNCIL RESOLUTION NO. ____

A RESOLUTION OF THE DELANO CITY COUNCIL DECLARING THE
CONDITION OF THE PROPERTY LOCATED AT 320 10th (APN NO. 037- 234-01-0) AVENUE TO CONSTITUTE A PUBLIC NUISANCE AS
DEFINED IN CIVIL CODE SECTION 3749 AND DELANO MUNICIPAL CODE SECTIONS 7.32.010 AND 7.32.015, ORDERING THE

ABATEMENT OF SAID NUISANCE, AND AUTHORIZING THE CITY

MANAGER TO CAUSE THE NUISANCE TO BE ABATED SHOULD THE

PROPERTY OWNER FAIL TO DO SO
The City Council of the City of Delano resolves as follows:

SECTION 1. Findings.

A. State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter 7.32.)
B. The property located at 320 10th Avenue (the “Subject Property”) was improved with a single-family residential dwelling and accessory structures. On or about May 29, 2024, a fire occurred at the Subject Property, resulting in extensive damage to the dwelling and to fencing in the rear yard.

C. The Subject Property was red tagged on May 30, 2024. On August 8, 2024, a Notice of Violation was mailed to the owners of record, informing them that the property had been deemed a public nuisance that must be abated and further detailing various violations of the Municipal Code, including, without limitation, DMC § 13.48.030 (Accumulations) and DMC § 7.40.060 (Security Requirements).

D. No efforts were undertaken in the ensuing months to abate the nuisance or otherwise correct the violations, and, on March 18, 2025, an administrative citation was issued imposed fines for the persistent Municipal Code violations. No remedial action was undertaken or commenced by the property owners in response to the March 18, 2025, administrative citation and, on April 16, 2025, a second administrative citation was issued.

E. On April 24, 2025, the City Manager issued an Emergency Abatement Order directing the City and/or its contractors to erect a temporary fence around the perimeter of the Subject Property and to post appropriate “No Trespassing” signs warning of the danger.

F. On April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its May 19, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize demolition of 2 the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City would constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

G. In addition, on April 28, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the May 19 hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.

J. On May 19, 2025, the City Council held a duly noticed public hearing and adopted Resolution No. 2025-37 declaring the Subject Property a public nuisance and ordering abatement of said nuisance by demolishing the structure and cleaning/clearing the Subject Property of other nuisance conditions.

K. In July 2025, the property owner caused the structure to be demolished and removed as directed by the City Council. However, there are some nuisance conditions that remain on the Subject Property that the owner has heretofore failed to address, despite being instructed to do so by Code Enforcement staff on several occasions.

L. The remaining nuisance conditions that must be abated include: (i) makeshift fencing made from metal and plywood along 10th Avenue, remove wood fence along the west alley, remove the wrought iron and block fence along 10th Ave and Dover St in violation of DMC § 7.32.010(D); (ii) overgrown and dead and dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010(D); (iv) uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors; and (v) abandoned shopping carts and other debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030.

M. On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its October 6, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize removal of the makeshift fence along 10th Avenue, clearing of overgrown/dead vegetation, and removal of accumulated junk and debris as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, and demolition by the City would constitute a special assessment or 3 a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

N. On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by removing the fence along 10th Avenue and cleaning and clearing the property.

O. This public hearing was listed on the City Council agenda, and the agenda was posted as required by applicable law.

P. On October 6, 2025, the City Council held a duly noticed hearing to consider the subject matter of this Resolution.

SECTION 2. Declaration of Nuisance. The City Council has heard and considered all oral and written testimony provided by interested parties and members of the public and has reviewed and considered all of the evidence set forth in the administrative record, including, without limitation, the oral staff report and the written staff report and attachments thereto. Based upon the evidence as a whole in the administrative record, the City Council hereby declares the condition of the property located at 320 10th Avenue to constitute a public nuisance. Furthermore, the City Council finds and declares that removal of the makeshift metal and plywood fence along 10th Avenue, removal of the remaining concrete slabs a leveling of the lot, clearing of all overgrown and dead or dying vegetation, and removal of abandoned shopping carts and other accumulated debris is the appropriate means of abating the nuisance condition.

SECTION 3. Abatement Order. The City Council hereby orders the property owner to: (i) remove the makeshift metal and plywood fence along 10th Avenue, remove wood fence along the west alley, remove the wrought iron and block fence along 10th Ave and Dover St; (ii) remove the overgrown and dead or dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) remove the concrete slab and remnants thereof, together with that portion along the south fence and is unsightly in appearance in violation of DMC § 7.32.010(D); (iv) level and grade the dirt surface of the vacant lot to ensure proper drainage to the street and the avoidance of pooling water that can harbor vectors; (v) remove the abandoned shopping carts and other debris on the property in violation of DMC §§ 7.32.010(F) and

13.48.03; and (vi) otherwise clean and clear the property to the extent required to abate the public nuisance conditions thereon, including all conditions that constitute violations of the Delano Municipal Code, within 30 days of the posting of this Resolution on the Subject Property. All abatement measures must be completed to the satisfaction of the City’s Code Enforcement Officer in order to be considered in compliance with this order.

This Resolution is ordered to be posted conspicuously on the Subject Property and mailed to all owners, mortgagees, and beneficiaries under a deed of trust, of record. 4 SECTION 4. Authorization for City to Abate. In the event the property owner fails to abate the nuisance condition to the satisfaction of the City’s Code Enforcement Officer within 30 days of the posting of this Resolution on the Subject Property, the City Manager is authorized to cause the nuisance to be abated by removal of the makeshift metal and plywood fence along 10th Avenue and by cleaning and clearing the property as necessary to abate all nuisance conditions thereon.

SECTION 5. Accounting of Abatement Costs; Lien Authorization. In the event the City is required to abate the nuisance condition on the subject property, the City Manager is directed to keep an itemized accounting of all costs incurred in the abatement of the nuisance, to provide the property owner with notice of said costs upon completion of the abatement, and to demand that the City be reimbursed for said costs within 30 days of notice thereof. If the property owner or other responsible party fails to reimburse the City within 30 days of the notice and demand, the City Manager is authorized to execute a nuisance abatement lien and to cause the same to be recorded against the property in accordance with applicable law.

SECTION 6. Agreements Authorized. The City Council hereby authorizes the City Manager to execute any and all agreements that may be necessary to cause the nuisance conditions on the subject property to be fully abated as contemplated herein.

SECTION 7. City Attorney Authorization. The City Attorney is hereby authorized to undertake and pursue any judicial proceedings as may be necessary to effectuate this order.

SECTION 8. Notice. The City Clerk is hereby directed, within one business day hereof, to provide notice of this Resolution to the property owner(s) of record, and to any mortgagees and any beneficiary under a deed, of trust of record. Notice is to be provided via certified mail, postage prepaid, return receipt requested. The City Council is further directed to post an executed copy of this Resolution on the subject property within one business day hereof.

SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 6th day of October 2025. _______________________________
Liz Morris, Mayor
ATTEST:
__________________________
Ricardo Chavez, City Clerk
APPROVED AS TO FORM:
5 __________________________
Mark D. Hensley, City Attorney
Any person wishing to challenge this decision must file a petition for writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5 in a court of competent jurisdiction within 30 days after the date of posting of this notice on the subject property. (Health & Safety Code § 17980.8; 25 Code Cal. Regs. § 64.)

CITY HALL COUNCIL MEMBERS
1015 ELEVENTH AVENUE Joe L. Alindajao, Esq.

POST OFFICE BOX 3010 MAYOR
DELANO, CALIFORNIA 93216-3010 Liz Morris

MAYOR PRO TEM
(661) 721-3300 Mario Nunez, Jr.
(661) 721-3317 TDD Salvador Solorio-Ruiz
www.cityofdelano.org Veronica Vasquez
Maribel G. Reyna

CITY MANAGER

VIA CERTIFIED MAIL

ROBICHEAUX MELLANIQUE L
3809 PENNIMAN AV # 102
OAKLAND, CA 94619
August 8, 2024
Re: Notice of City of Delano Municipal Code Violations
320 10TH AV DELANO, CA
APN 037234010
CODE 2024-0100
Dear ROBICHEAUX MELLANIQUE L
It is our understanding that you are the owner of the property located at 320 10TH AV (the “Property”). It has come to our attention that the Property is being used or maintained in violation of the Delano Municipal Code. As such, the Property is considered a public nuisance and must be abated.

In particular, City staff has observed the following violations on the property:
• CBC 105 Building Permit Required - Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.

You must take the following corrective actions no later than 10 days of the date of this letter:
• A demo permit will be required to demolish the home and a building permit will be required when the home is rebuilt.
• Accumulations. - It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.

You must take the following corrective actions no later than 10 days of the date of this letter:
• Remove all trash and debris left by the fire.
• DMC 7.40.060 Security requirements - A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.

C. If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

D. The property shall be posted with the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches, shall be of a font that is legible from a distance of forty-five feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ___________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".

E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism.

Exterior posting must be constructed of, and printed with weather resistant materials.

F. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

G. The duties/obligations specified in this Section 7.40.060 shall be joint and several among and between all trustees and beneficiaries and their respective agents.

You must take the following corrective actions no later than 10 days of the date of this letter:
• Secure the property against unauthorized entry.

Please contact the Community Development Department at 661-721-3360 to confirm that you have taken the requested actions to abate the violation.

We trust that you will correct these violations voluntarily in a timely manner.

Please be advised, however, that if you fail to do so, the City will have no alternative but to pursue further legal remedies including fine, criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation citation and withholding of future municipal permits
Si habla español solamente, por favor de llamar al departamento del desarrollo de la comunidad imediatamente al (661) 720-2218 o (661) 720-2226 si tiene alguna pregunta sobre esta carta. Gracias.

Thank you for your anticipated cooperation.

Community Development Department
Code Enforcement Division
Cc:

Occupant, 320 10TH AV DELANO, CA

CITY HALL COUNCIL MEMBERS
1015 ELEVENTH AVENUE Liz Morris
POST OFFICE BOX 3010 MAYOR
DELANO, CALIFORNIA 93216-3010 Mario Nunez, Jr.

MAYOR PRO TEM
(661) 721-3300 Joe L. Alindajao, Esq.
(661) 721-3317 TDD Bryan Osorio
www.cityofdelano.org Salvador Solorio-Ruiz
Maribel G. Reyna

CITY MANAGER

VIA CERTIFIED MAIL

ROBICHEAUX MELLANIQUE L
3809 PENNIMAN AV # 102
OAKLAND, CA 94619
March 18, 2025
Re: Administrative Citation
320 10TH AV, DELANO, CA
APN 037234010
CODE 2024-0100
Dear ROBICHEAUX MELLANIQUE L
It is our understanding that you are the owner of the property located at 320 10TH AV (the “Property”). On 08/08/2024, you were issued a Notice of Violation which stated that the Property is being used or maintained in violation of the Delano Municipal Code. At that time, you, as the property owner, were given no more than 10 days to remedy the violations listed in the notice. On , City Staff re-inspected the Property and determined that the violation(s) remain.

The following violations still exist on the Property:
• CBC 105 Building Permit Required - Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. • Fine Amount - $100.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• A demo permit will be required to demolish the home and a building permit will be required when the home is rebuilt.
• Accumulations. - It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.
• Fine Amount - $100.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• Remove all trash, overgrown vegetation and debris left by the fire. • DMC 7.40.060 Security requirements - A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.

C. If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

D. The property shall be posted with the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches, shall be of a font that is legible from a distance of forty-five feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ___________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".

E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism.

Exterior posting must be constructed of, and printed with weather resistant materials.

F. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

G. The duties/obligations specified in this Section 7.40.060 shall be joint and several among and between all trustees and beneficiaries and their respective agents. • Fine Amount - $100.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• Secure the property against unauthorized entry.

The total fine amount due immediately is $300.00, which may be paid using cash, check or credit card. This amount may be paid at the Community Development Department, located on the second floor of City Hall at 1015 11th Avenue, Delano, CA 93215.

This Administrative Citation may be appealed in writing with the City Clerk's office at 1015 11th Avenue, Delano, within ten calendar days of service of the notice. No fee shall be due for the filing of an appeal. Further, while the citation is being appealed, the fines listed above will be tolled.

Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to any further administrative appeal and renders the administrative citation from city personnel final and binding. Failure to appear at the appeal hearing will constitute a failure to exhaust administrative remedies, and the violations alleged in the administrative citation shall be admitted, and any fines, penalties, and interest accrued therein shall become immediately due and payable.

Please be advised that the property owner is responsible for all costs incurred by the City for any abatement hearing related to this case. Furthermore, pursuant to Municipal Code Section 1.08.140 and Government Code Section 38773.5, attorney's fees are recoverable by a prevailing party and therefore, the City intends to seek recovery of attorney's fees incurred in any hearing to abate a nuisance in which it prevails.

Please contact the Community Development Department at 661-721-3360 to confirm that you have taken the requested actions to abate the violation or if you have any questions.

Si habla español solamente, por favor de llamar al departamento del desarrollo de la comunidad imediatamente al (661) 720-2218 o al (661) 720-2226 si tiene alguna pregunta sobre este carta. Gracias.

Community Development Department
Code Enforcement Division
Cc:

Occupant, 320 10TH AV, DELANO, CA

DELANO POLICE DEPARTMENT
Jerry Nicholson, Chief of Police

“Integrity, service, trust”
2330 high street
Delano, CA 93215
(661) 721-3377
Fax (661)725-0631
www.cityofdelano.org

VIA CERTIFIED MAIL

ROBICHEAUX MELLANIQUE L
3809 PENNIMAN AV # 102
OAKLAND, CA 94619

April 16, 2025

Re: Administrative Citation
320 10TH AVE, DELANO, CA
APN 037234010
CODE 2024-0100
Dear ROBICHEAUX MELLANIQUE L

It is our understanding that you are the owner of the property located at 320 10TH AVE (the “Property”). On 08/08/2024, you were issued a Notice of Violation which stated that the Property is being used or maintained in violation of the Delano Municipal Code. At that time, you, as the property owner, were given no more than 10 days to remedy the violations listed in the notice. On 03/18/2025, City Staff re-inspected the Property and determined that the violation(s) remain.

The following violations still exist on the Property:

• CBC 105 Building Permit Required - Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.

• Fine Amount - $200.00

In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:

• A demo permit will be required to demolish the home and a building permit will be required when the home is rebuilt.

• Accumulations. - It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.

• Fine Amount - $200.00

DELANO POLICE DEPARTMENT
Jerry Nicholson, Chief of Police

“Integrity, service, trust”
2330 high street
Delano, CA 93215
(661) 721-3377
Fax (661)725-0631
www.cityofdelano.org

In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:

• Remove all trash, overgrown vegetation and debris left by the fire.

• DMC 7.40.060 Security requirements - A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.

C. If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

D. The property shall be posted with the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches, shall be of a font that is legible from a distance of forty-five feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ___________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".

E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

F. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

G. The duties/obligations specified in this Section 7.40.060 shall be joint and several among and between all trustees and beneficiaries and their respective agents.

• Fine Amount - $200.00

In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:

• Secure the property against unauthorized entry.

DELANO POLICE DEPARTMENT
Jerry Nicholson, Chief of Police

“Integrity, service, trust”
2330 high street
Delano, CA 93215
(661) 721-3377
Fax (661)725-0631
www.cityofdelano.org

The total fine amount due immediately is $900.00, which may be paid using cash, check or credit card. This amount may be paid at the Delano Police Department, located at 2330 High St Delano, CA 93215.

This Administrative Citation may be appealed in writing with the Delano Police Department at 2330 High St Delano, CA 93215within ten calendar days of service of the notice. No fee shall be due for the filing of an appeal. Further, while the citation is being appealed, the fines listed above will be tolled.

Failure of the Delano Police Department to receive a timely appeal constitutes a waiver of the right to any further administrative appeal and renders the administrative citation from city personnel final and binding. Failure to appear at the appeal hearing will constitute a failure to exhaust administrative remedies, and the violations alleged in the administrative citation shall be admitted, and any fines, penalties, and interest accrued therein shall become immediately due and payable.

Please be advised that the property owner is responsible for all costs incurred by the City for any abatement hearing related to this case. Furthermore, pursuant to Municipal Code Section

1.08.140 and Government Code Section 38773.5, attorney's fees are recoverable by a prevailing party and therefore, the City intends to seek recovery of attorney's fees incurred in any hearing to abate a nuisance in which it prevails.

Please contact the Delano Police Department at 661-720-2218 to confirm that you have taken the requested actions to abate the violation or if you have any questions.

Si habla español solamente, por favor de llamar al Departamento de Policia imediatamente al (661) 720-2218 si tiene alguna pregunta sobre este carta. Gracias.

Delano Police Department
Code Enforcement Unit

Cc:

Occupant, 320 10TH AVE, DELANO, CA

CITY HALL
1015 ELEVENTH AVENUE
POST OFFICE BOX 3010
DELANO, CALIFORNIA 93216-3010
(661) 721-3300
(661) 721-3317 TDD
www.cityofdelano.org

COUNCIL MEMBERS
Liz Morris
MAYOR
Mario Nunez, Jr.

MAYOR PRO TEM
Joe L. Alindajao, Esq.

Bryan Osorio
Salvador Solorio-Ruiz
Maribel G. Reyna

CITY MANAGER

CITY OF DELANO
September 25, 2025
Mellanique L. Robicheaux Mellanique L. Robicheaux
Mario Robicheaux Mario Robicheaux
3809 Penniman Avenue #102 320 10th Avenue
Oakland, CA 94619-1745 Delano, CA 93215-2604

NOTICE TO ABATE NUISANCE
Property Address: 320 10th Avenue, Delano, California
(APN No. 037-234-01-0)
PLEASE TAKE NOTICE that on October 6, 2025, at 5:15 p.m., the City Council of the City of Delano will hold a public hearing in the Council Chambers of the Delano City Hall located at 1015 11th Avenue, Delano, California, to determine whether the property known and designated as 320 10th Avenue (APN No. 037-234-01-0) in the City of Delano should be condemned as a public nuisance and the nuisance abated by (i) removal of the makeshift metal and plywood fencing along 10th Avenue, removal of wood fence along the west alley, removal of wrought iron and block fence along 10th Ave and Dover St (ii) removal of overgrown, dead or dying vegetation and accumulated debris, (iii) removal of the remaining concrete slab and remnants thereof, and (iv) leveling and grading of the lot to ensure proper drainage and guard against the pooling of water.

PLEASE TAKE FURTHER NOTICE that if the property or conditions existing on the property, in whole or in part, are found to constitute a public nuisance as defined in the Delano Municipal Code, and if the nuisance is not promptly abated by the owner, the nuisance may be abated by municipal authorities. If the City abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment or a nuisance abatement lien upon the property until CITY HALL 1015 ELEVENTH AVENUE, DELANO, CA 93215
paid. The City may foreclose on any such lien in order to reimburse the City for these costs.

Description of the Nuisance: (i) Makeshift fencing made from metal and plywood along 10th Avenue, wood fence along the west alley, wrought iron and block fence along 10th Ave and Dover St in violation of DMC § 7.32.010(D); (ii) overgrown and dead or dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010(A); (iv) uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors; and (v) abandoned shopping carts and other accumulated debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030.

Proposed Method of Abatement: City staff intends to recommend that the City Council authorize and order (i) demolition and removal of the makeshift metal and plywood fencing along 10th Avenue, removal of wood fence along the west alley, removal of wrought iron and block fence along 10th Ave and Dover St (ii) removal of the overgrown and dead or dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) removal of the concrete slab and remnants thereof, together with that portion of the concrete driveway that is outside the public right-of-way and is unsightly in appearance in violation of DMC § 7.32.010(A); (iv) leveling and grading of the dirt surface of the vacant lot to ensure proper drainage to the street and the avoidance of pooling water that can harbor vectors; and (v) removal of the abandoned shopping carts and other debris as the appropriate means of abatement.

You are receiving this notice because you have been identified by the City as an owner, mortgagee, or beneficiary under a deed of trust, of record.

Consequently, your interest in the above-referenced property may be materially affected by the City Council’s decision. You are urged to attend the hearing and make yourself heard.

If you have any questions, please feel free to contact me at (661) 720-2218.

Sincerely,
Jose Pelayo
Code & Building Enforcement Officer

CITY OF DELANO

STAFF REPORT
October 20, 2025
Agenda Item: 17
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Miguel Angel Fernandez, Economic Development Specialist SUBJECT: Update on the Commercial Façade Micro Loan Program

RECOMMENDATIONS
Staff is providing council with an up on the Commercial Façade Micro Loan Program. Staff recommends that the City Council provide direction to staff on whether to discontinue or reassess program structure and explore complementary initiatives (e.g., tree maintenance, parking management, or homeless outreach) or extend/reopen the application window with modifications to better align with business needs.

DISCUSSION/BACKGROUND
The City of Delano launched the Commercial Façade Micro Loan Program to support businesses along Main Street (9th–13th Avenues) by offering forgivable loans to improve storefronts and enhance the overall appearance of the downtown corridor.

The application period for the most recent funding cycle ran from January 1, 2025 through June 30, 2025.

During this time, staff conducted targeted outreach to businesses located within the eligible area. Outreach included direct visits on two separate occasions as well as flyers distributed to eligible locations. Staff also specifically promoted awnings as an eligible project to encourage participation, but this did not generate applications.

Despite these efforts, no applications were received. Feedback collected during outreach revealed that businesses had other priorities and concerns unrelated to façade improvements:
• Tree Maintenance / Sign Visibility – Several business owners reported frustration that trees on Main Street are not adequately maintained, often blocking visibility of business signage. • Parking Availability – Businesses expressed concern that employees who park along Main Street reduces availability for customers.
• Loan Affordability – Many businesses indicated they were not interested in taking on a loan at this time due to difficult business conditions and the burden of additional payments. • Homelessness Impacts – Business owners noted that homelessness in the downtown corridor has increased this year, which they believe negatively affects foot traffic.

This feedback indicates that while the intent of the program is to support revitalization, the current design may not align with the most pressing needs identified by business owners.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments
- Program Guidelines (Final Adopted Policy)
- Outreach flyer / materials
1 COMMERCIAL BUSINESS FAÇADE IMPROVEMENT

PROGRAM GUIDELINES AND PROCEDURES

1. PROGRAM OVERVIEW
The Commercial Business Façade Improvement Program (“Program”) is an endeavor of the City of Delano (“City”) to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the City. The Program offers financial assistance to be used for exterior rehabilitation to façades of existing commercial buildings. Façade is defined as any portion of the exterior of the building that is highly visible to the public and exposed to weather elements. New construction or additions to existing buildings, such as restrooms or additional rooms, will not be considered for the purpose of this Program.

These Program Guidelines and Procedures (“Program Guidelines”) include step-by-step actions to be taken with the Applicant from the initial application to the payment of the Program funds. The Program will be implemented in accordance with the Program Guidelines. The City Manager’s Office and its designee(s) will be administering the Delano Commercial Business Façade Improvement Program.

City of Delano employees, appointed officials, and elected officials are excluded from eligibility and may not participated in this Program.

2. PROGRAM GOALS
• To facilitate commercial revitalization, stimulate private investment, preserve and beautify the commercial corridors, upgrade the physical image of the City, and to generate shopping, tourism, and a pleasant walking environment by improving the visual aesthetics of commercial businesses with enhancements in design, color schemes and building façades. • To eliminate blight, deteriorating buildings, incompatible and uneconomic land uses, other environmental, economic, and social deficiencies, and improve the aesthetics of existing businesses and buildings.
2 • To provide financial assistance for façade improvements to business owners and/or tenants of commercial properties.
• To encourage façade improvements and enhance exterior building features.

3. EQUAL OPPORTUNITY
Applicants will not be discriminated against on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, or any other arbitrary basis. In addition, applicants may not discriminate in the use, occupancy, and awarding of contracts with respect to the property to be rehabilitated with the assistance from the Program.

4. SOURCE OF FUNDS
This Program is being funded by City’s General Fund. Funds are limited, therefore, participation in the Program is subject to availability of funds. Submission of an application does not constitute a guarantee of funding. This Program may be modified or discontinued without prior notice.

5. MEMORANDUM OF LIEN AFFECTING REAL PROPERTY
Prior to any loan disbursement being made under this Program, Applicants are required to enter into and execute a Memorandum of Lien Affecting Real Property (“Memorandum of Lien”) with the City of Delano and agree to the recordation of the Memorandum of Lien against the subject property in the records of the County Recorder for Kern County. If Applicant is a business owner and not the record owner of the subject property, the record owner of the subject property shall provide a notarized Property Owner’s Certificate of Consent (attached to Memorandum of Lien Document) as written approval for Applicant to participate in the Program and proceed with the improvements to the property pursuant to the Program, and for the recordation against the property of the Memorandum of Lien in the records of the County Recorder of Kern County.

The Memorandum of Lien evidences the loan amount and the terms, conditions and requirements for participation in the Program. The Memorandum of Lien shall be in a form mutually agreed upon by the City and it shall be recorded against the subject property.

6. PROGRAM COMPONENTS
a. TERMS AND CONDITIONS
This Program has been established to provide funding for businesses and property owners to complete commercial business enhancement projects. The Program is meant to be a catalyst for enhancing and improving the exterior appearance of properties. Projects must demonstrate a noticeable improvement to the aesthetic environment of a property to qualify for program funding. A number of different types of activities can result in a positive, visible improvement to a property. Examples of activities that qualify as eligible improvements include, but are not limited to the following:
3 • Installation of landscaping, trees or green space;
• Replacement of glass windows;
• Exterior painting or surface treatment (stucco, tile, stone, or brick replacement or repair);
• Improved or updated exterior signage (installation of new or repair or replacement of legally installed and mounted signs; including neon or halo-lit signs);
• Energy efficient exterior lighting (installation of new exterior lighting fixtures; repair or replacement of existing exterior lighting fixtures); and • Awnings, canopies, or sunshades (installation of new or repair or replacement of fixed metal or fabric awnings).

Other enhancements or improvements can be considered on a case-by-case basis providing a noticeable improvement is achieved that is easily visible from public view. The Program is not intended to assist in funding the clearing or preparing of properties for new ground up construction. Vacant properties and parcels of land either commercially zoned or of legal nonconforming status qualify for Program funding.

Examples of ineligible activities or expenses that do not qualify as enhancement of property include, but are not limited to the following:
• Performing general or deferred maintenance on buildings or properties; • Payment of code enforcement violations;
• Upgrades to mechanical, plumbing, or electrical equipment, or roof repairs; • Interior building renovation;
• Installation of chain link fencing with or without slats; or • Improvements that are not permanent or mounted or affixed to the building or the sidewalk.

Funding will be given only for improvements completed according to the scope of work outlined in the Program application. A final inspection will be conducted to confirm the work has been completed and in accordance with all applicable City development codes and standards. Certain projects may require review by the Community Development Department, Building Division and Engineering Department and issuance of City permits may be required.

No commitment of funds will be made for projects requiring Community Development or 4 Engineering review until the appropriate City department(s) has evaluated the Program application for code compliance.

Applicant shall require any contractors performing work under this Program to pay prevailing wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. b. PROPERTY ELIGIBILITY
Owners or long-term tenants of commercially zoned property located on Main Street between 9th Avenue and 13th Avenue, as shown in the attached Map (Exhibit “A”) are eligible to apply for assistance. To be eligible, a business owner who is leasing a space must have a current lease with a minimum of at least five and a half (5.5) years remaining from the date of application. In addition, the business owner must obtain the written approval from the property owner to participate in the Program, to proceed with the improvements, and to record against the subject property a Memorandum of Lien, as discussed in Section 5 above, in the records of the County Recorder for Kern County. Tenant business owners must show evidence of consent from the property owner by way of a Property Owner’s Certificate of Consent and Notary Form (attached to Memorandum of Lien Document). All participants must possess a valid City of Delano business license.

All proposed façade projects/remodels must be approved by the Community Development Director prior to being accepted into the Program. To be eligible for the Program, the property must meet the following requirements:
• Commercial building must be dilapidated or blighted;
• Business must serve low to moderate income clientele; • Storefront must be visible from the street; and
• Located on a major corridor.

All taxes, assessments, and insurance premiums currently due or in arrears on the property and business must be paid before grants are made. The applicant property must have sufficient fire and flood insurance (if required) necessary to protect the owner and the City’s interest in the property.
c. DESIGN RESTRICTIONS
City staff will recommend specific improvements based on site analysis or architectural design recommendations. Additionally, to participate in the Program, all signage on the property to 5 be rehabilitated must be brought up to conformance and maintained in conformance with the Delano Municipal Code.
d. PROGRAM EXCLUSIONS
The following businesses are not eligible to receive Program assistance: residential rental buildings (apartments) unless connected to mixed use building, home based businesses, structures not facing the public right of way, banks, churches, and other religious institutions. e. FUNDING
The City is offering a forgivable 5 year, 3% interest Commercial Business Façade Improvement loan.

The maximum loan is $10,000.

The Commercial Business Façade Improvement loan amount awarded will be due and payable to the City by the Applicant in equal twenty percent (20%) increments on an annual basis for the 5-year loan period. Each year, the City will provide an invoice to the Applicant sixty (60) days prior to the end of each loan year reflecting the annual amount due. The amount reflected on the invoice shall be due and payable to the City by the end of each loan year as noted on the invoice (see Exhibit “B” for sample payment schedule). The fifth and final 20% increment due at the end of the 5-year loan term shall be forgiven and no further payment shall be required provided that the Applicant:

1. Maintains the improvements in good condition at the level of quality achieved by the improvement and continues to own the property, if a property owner, or to occupy, if a business owner tenant, as the case may be, the improved property for a period of five (5) years from the date of receipt of the loan without removing or significantly altering the storefront improvements, as determined by the Community Development Director; and

2. Makes timely payments to the City of the loan amount due and payable by each respective invoice for the first four (4) years of the loan term.

Please note that late payments or payment with insufficient finds may result in disqualification from the forgiveness of the final 20% loan amount at the end of the 5-year term as determined by the City Manager. If the Applicant fails to maintain the improvements in good condition at the level of quality achieved by the improvement or removes or significantly alters the storefront improvements before the end of the 5-year period, the remaining prorated share of the loan shall become due and payable to the City within thirty (30) calendar days of notice from the City.

If the Applicant sells the property, if a property owner, or fails to occupy the property, if a business owner tenant, the loan may continue to qualify for forgiveness at the end of the 5- year loan term if the succeeding property owner or business owner tenant agrees in writing, in a form approved by the City Manager, to assume the obligations, conditions and terms set 6 forth in the Memorandum of Lien Affecting Real Property, including without limitation agreeing to maintain the improvements in good condition at the level of quality achieved by the improvement and to not make any changes to the property resulting in the removal or significant alteration to the storefront improvements for the remainder of the five (5) year loan period.

If the Applicant is the record owner of the property to whom the loan is made, Applicant as record owner of the property shall be fully responsible and liable to the City for repayment of all or any portion of the loan due and payable to the City. If Applicant is a business owner occupying the property, Applicant and the record owner of the property shall be fully responsible and jointly and severally liable to the City for repayment of all or any portion of the loan due and payable to the City.

Loan forgiveness may result in tax consequences to the Applicant. Applicant is encouraged to consult with a tax advisory before participating in the Program.

7. ANNUAL APPLICATION AND PROCESS TIMELINE
The City will begin accepting applications on January 1, 2025, until June 30, 2025. Available funding will be announced on the City's website at https://www.cityofdelano.org. Property owners and tenants can apply by filling out an application form made available on the City's website. Applications will be accepted a first come, first serve basis subject to the availability of funds.

When an application is received, staff will review the application and determine if an application meeting is required. If it is determined that an application meeting is required, a meeting will be scheduled with the Applicant, staff from the Community Development Department and City Manager's Office within fifteen (15) business days of the date the application is received. The purpose of the meeting with the Applicant is to review the application to clarify scope of work, verify that the scope of work meets Program requirements, determine if City departmental review or City permits are required, and to discuss any questions Applicants or staff may have. Following the application meeting, staff will perform a final review of the application and determine whether it is approved for funding.

The timeline for the application process from the time of the application submittal to final review and determination of an award of funding shall not exceed thirty (30) business days. If an application meeting is not required, a determination of an award of funding may be made earlier.

If it is determined in the application meeting that any applicable City permits are necessary to perform the improvements, staff will work with the Applicant to obtain the necessary permit(s).

Improvement projects that require Engineering and Community Development Department review for issuance of necessary permits may not start construction until such review and permit issuance has been made. Once an Applicant has received all necessary City review and issuance of permits (if required) is finalized, work may begin on the property. Work must be completed within six (6) months of award.
7 After the project is completed, the Applicant shall submit the following to the City:
• Cover letter indicating the project is completed, providing the total project costs, and requesting a loan in a specific amount within the maximum allowable limits; • All contractor invoices detailing the specific tasks completed in accordance with the accepted project and the payment of prevailing wages;
• Proof of Applicant’s payment of all contractor invoices, including payment of any invoices from subcontractors, material suppliers, vendors, and third parties; • Unconditional lien releases;
• Notice of Completion; and
• “After" photos of the property.

Staff may visit the property to confirm completion of the work. Applicants are responsible for all payments to all contractors, material suppliers, vendors, and third parties.

After verification of proof of expenses, the applicant will receive a check for the loan in the appropriate amount within four (4) weeks from the date the City received the proof of expenses. The 5-year loan period will begin on the date the city issues Applicant a check for the loan.

8. PROGRAM CONTACT
For information about the Commercial Business Façade Improvement Program, contact Miguel Angel Fernandez, Economic Development Specialist, at (661)720-2249 or [email protected]. 8 EXHIBIT A
MAP
9 EXHIBIT B

SAMPLE PAYMENT SCHEDULE
Applicant X is awarded $10,000 under the Delano Commercial Business Façade Improvement Program.

The fixed 3% interest amount will result in the total amount due under the loan to be $10,300. The Program loan funds were remitted to Applicant X on June 30, 2025.

Total Loan Amount with Interest: $10,300.00
*If Applicant X satisfies all requirements and conditions set forth in these Program Guidelines, the remaining loan balance due on June 30, 2030 (the final payment in Year 5) shall be forgiven and no further payment shall be required. In this scenario, Applicant X would have been responsible for paying a total of $8,240.00 throughout the 5-year loan term.

Year Payment Due Due Date Loan Balance
1 $2,060.00 June 30, 2026 $8,240.00
2 $2,060.00 June 30, 2027 $6,180.00
3 $2,060.00 June 30, 2028 $4,120.00
4 $2,060.00 June 30, 2029 $2,060.00
5* (forgiven on 6/30/30) $ 0.00* N/A* $ 0.00*
**If Applicant X fails to satisfy all requirements and conditions set forth in these Program Guidelines, Applicant X will no longer be eligible for partial loan forgiveness and will be required to pay all five installment payment of the loan totaling $10,300.00.

Year Payment Due Due Date Loan Balance
1 $2,060.00 June 30, 2026 $8,240.00
2 $2,060.00 June 30, 2027 $6,180.00
3 $2,060.00 June 30, 2028 $4,120.00
4 $2,060.00 June 30, 2029 $2,060.00
5** $2,060.00** June 30, 2030** $ 0.00**
Commercial Business Façade
Improvement Program
An initiative aimed at enhancing the visual
appeal and economic vitality of our
community. This program is designed to
support local businesses by providing financial
assistance and resources to upgrade their
storefronts.

About the Program
Loan amounts shall not exceed $10,000. This
program will be funded by the City’s General
Fund and total funds will be limited to $100,000
with a fixed 3% interest rate. Payments to the
City will be in 20% increments on an annual
basis for the 5-year term. The fifth and final
20% increment due is eligible to be forgiven.

Please contact staff for further details.

Loan Details
Application
Deadline
Application deadline is:

Monday, June 30, 2025 by 4pm
Eligible
Location
Commercially zoned property
located on Main Street between 9th
Avenue and 13th
For Further
Information
FOR MORE INFORMATION:

Economic Development Department
1015 Eleventh Avenue
Delano, CA 93215
(661)721-9985
Replacement of glass windows
Exterior painting or surface treatment
Improved or upgraded exterior signage
Energy efficient or exterior lighting
Awnings, canopies, or sunshades
Eligible Improvements
Una iniciativa destinada a mejorar el atractivo visual
y la vitalidad económica de nuestra comunidad.

Este programa está diseñado para apoyar a las
empresas locales al proporcionar asistencia
financiera y recursos para mejorar sus tiendas.

Sobre el programa
Los montos de los préstamos no excederán los
$10,000. Este programa será financiado por el Fondo
General de la Ciudad y los fondos totales estarán
limitados a $100,000 con una tasa de interés fija del
3%. Los pagos a la Ciudad se realizarán en
incrementos del 20% anualmente durante el plazo
de 5 años. El quinto y último incremento del 20%
adeudado es elegible para ser perdonado. Póngase
en contacto con el personal para obtener más
detalles.

Detalles del préstamo
Fecha límite de solicitud
lunes 30 de junio de 2025 a las 4 p.m.

Ubicación
elegible
Propiedad con zona comercial
ubicada en Main Street entre 9th
Avenida y 13th Avenida
Para más
información
PARA MÁS INFORMACIÓN:

Departamento de Desarrollo Económico
1015 Eleventh Avenue Delano, CA 93215
(661)721-9985
Sustitución de ventanas de cristal
Pintura exterior o tratamiento de superficies
Señalización exterior mejorada o actualizada
Iluminación exterior o de bajo consumo
Toldos, marquesinas o sombrillas
Mejoras elegibles
Programa de Mejoramiento de
Fachadas de Negocios
Comerciales

COMMERCIAL

BUSINESS
FAÇADE

IMPROVEMENT

PROGRAM
City Hall
1015 Eleventh Avenue
2nd Floor, Economic Development
661-721-9985

CONTACT US

ABOUT THE PROGRAM
Upgrade Your
Façade, Attract
More Customers,
Boost Your
Business!
Eligible Locations
Commercially zoned property
located on Main Street between 9th
Avenue and 13th Avenue
[email protected]
[email protected]
The Commercial Business Facade
Improvement Program offers
Delano business owners financial
assistance to upgrade their
storefronts, promoting a
welcoming and thriving
downtown. Make your business
stand out while enhancing our
community.

APPLICATION DEADLINE

ELIGIBLE

IMPROVEMENTS

THE BENEFITS OF

PARTNERING
Replacement of glass windows
Exterior painting of surface
treatment
stucco, tile, stone, or brick
replacement or repair
Improved or upgrade exterior
signage
installation of mounted signs
Energy efficient or exterior
lighting
Awnings, canopies, or sunshades
Monday, June 30, 2025 by 4pm

INELIGIBLE

IMPROVEMENTS
General maintenance on the
building
Upgrades to mechanical,
plumbing, electrical, or roof
repairs
Interior building renovation
Improvements that are not
permanent or mounted or
affixed to the building.

Purchase of inventoried
business equipment/tools
If you have any questions or need
guidance, our dedicated team is
here to help you every step of the
way.

Don’t hesitate to reach out - your
success is our priority!
Community Investment
Enhance local business curb
appeal while supporting
Delano’s growth and vibrancy.

Your participation contributes
to a thriving, attractive
downtown area.

Expert Support
Benefit from guidance through
every step , from design to
execution. Our team is here to
simplify the process, ensuring
a smooth experience.

Increased Property Value
Improved your business’s
appearance, attracting more
customers and boosting value.

Well-maintained storefronts
make a lasting, positive
impression on the community.

PROGRAMA DE

MEJORA DE

FACHADAS

COMERCIALES
Ayuntamiento 1015 11th Avenida 2º
piso, Desarrollo Económico
661-721-9985
CONTÁCTENOS

SOBRE EL PROGRAMA
¡Mejore su
fachada, atrae a
más clientes,
impulse su
negocio!
Ubicaciones elegibles
Propiedad con zona comercial
ubicada en Main Street entre 9th
Avenia y 13th Avenida
.
[email protected]
[email protected]
El Programa de Mejoramiento de
Fachadas de Negocios
Comerciales ofrece a los
propietarios de negocios de
Delano asistencia financiera para
mejorar sus tiendas, promoviendo
un centro acogedor y próspero.

Haga que su negocio se destaque
mientras mejora nuestra
comunidad
PLAZO DE PRESENTACIÓN DE SOLICITUDES

MEJORAS

SUBVENCIONABLES

LOS BENEFICIOUS

DE ASOCIARSE
Sustitución de ventanas de
cristal
Pintura exterior de tratamiento
superficial
Reemplazo o reparación de
estuco, baldosas, piedra o
ladrillo
Actualización o mejorada de
Señalización exterior
Instalación de letreros
montados
Iluminación exterior o de bajo
consumo
Toldos, marquesinas o sombrillas
lunes, 30 de junio de 2025 a las 4 p.m.

MEJORAS NO

SUBVENCIONABLES
Mantenimiento general del
edificio
Mejoras en reparaciones
mecánicas, de plomería,
eléctricas o de techos
Reforma interior de edificios
Mejoras que no son permanentes
o montadas o fijadas al edificio
Compra de
equipos/herramientas
comerciales inventariados
Si tiene alguna pregunta o necesita
orientación, nuestro equipo
dedicado está aquí para ayudarlo en
cada paso del camino.

No dude en ponerse en contacto
con nosotros: ¡su éxito es nuestra
prioridad!
.

Inversión comunitaria
Mejore el atractivo exterior de los
negocios locales mientras apoya
el crecimiento y la vitalidad de
Delano. Su participación
contribuye a un centro próspero y
atractivo.

Apoyo de expertos
Benefíciese de la orientación en
cada paso, desde el diseño hasta
la ejecución. Nuestro equipo está
aquí para simplificar el proceso,
asegurando una experiencia
fluida.

Aumento del valor de la propiedad
Mejore la apariencia de su
negocio, atrayendo a más clientes
y aumentando el valor de su
propiedad. Los escaparates bien
mantenidos causan una impresión
positiva y duradera en la
comunidad