7.32.100 Hearing procedure.
A. The hearing on abatement of public nuisance will be held before a hearing officer designated by the Chief of Police. The hearing must be held not less than 15 days after service of the notice is completed, unless notice is required to be served upon secured lienholders pursuant to Section 7.32.090(C)(2), in which case the hearing must be held not less than 30 days after service of the notice is completed.
B. The hearing officer may only consider evidence that is relevant to reaching an informed decision upon the existence of a nuisance or nuisances and the necessity to abate such. The hearing officer may swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision.
C. Any interested party contesting the nuisance determination will be given the opportunity to testify and present witnesses and evidence. Formal rules of evidence do not apply.
D. All testimony must be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury.
E. The burden is on the City of Delano to show the existence of any and all nuisances as noticed, and the necessity to abate such, by a preponderance of the evidence presented at the hearing. Only relevant evidence properly produced at the hearing may be considered by the hearing officer in reaching a decision.
The hearing officer need not consider written testimony that is not accompanied by a sworn affidavit or declaration executed under penalty of perjury.
F. The notice of violation and notice of hearing on abatement of public nuisance constitute prima facie evidence of the existence of a public nuisance.
G. The property owner and any other interested party may represent themselves or be represented by anyone of their choice. Each party has the right to cross-examine any other party or witness. Any party may bring an interpreter to the hearing at his or her sole expense. The city may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording.
H. Decision of the Hearing Officer. The hearing officer’s decision must be in writing, set forth the hearing officer’s findings of fact and conclusions of law, order the abatement of any confirmed nuisance conditions within a deadline determined by the hearing officer to be reasonable, and include a statement that if the nuisance is not abated then it may be abated by the city. If the hearing officer determines that each nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer. Unless otherwise agreed by the parties, the hearing officer’s decision must be served in the same manner as required for service of a Notice of Violation/Notice to Abate. The hearing officer’s decision will be deemed issued on the date of service of the decision. The hearing officer’s decision will become final and effective if no appeal thereof is timely perfected in accordance with this chapter.
7.32.110 Appeal of hearing officer’s decision.
A. Any person subject to an order to abate a nuisance after hearing may appeal the decision of the hearing officer by filing a written request to appeal with the city clerk during regular business hours and within 15 calendar days of the issuance of the hearing officer’s decision. If the 15th calendar day falls on a weekend or a city-recognized holiday, the appeal deadline will be extended to 5:00 p.m. on the next business day. The appeal must state the grounds for appeal and the specific factual and/or legal errors committed by the hearing officer.
B. The appeal should be heard within 45 days of the filing of the appeal. Notice of the hearing must be provided by first class mail, postage prepaid, to the appellant at the address indicated on the appeal request at least 10 days prior to the hearing date. Notice is effective as of the date it is placed in the United States Mail.
C. The city manager or his or her designee will act as the administrative hearing officer for purposes of hearing any appeal timely filed pursuant to this section; provided, however that the board of building appeals of the city, or the city council if no board of building appeals has been empaneled, will hear any appeal relating to the application of building standards published in the California Building Standards Code, the abatement of nuisances under the Uniform Code for the Abatement of Dangerous Buildings, or any other applicable rule or regulation adopted by the Department of Housing and Community Development. Appellate review is de novo. The hearing officer or hearing body, as the case may be, has the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision on the appeal. The hearing need not be conducted according to formal rules of evidence. The hearing may be continued from time to time at the discretion of the hearing officer/body.
D. The hearing officer or body, as the case may be, may affirm, deny, or modify the decision and order that is the subject of the appeal. The decision must be rendered within 30 days following the conclusion of the hearing. Failure of the hearing officer or body to render a decision within this time period does not invalidate the action of the appellate hearing officer or body and does not automatically grant the appeal. The decision on appeal must be served by first class mail, postage prepaid, to the appellant at the address indicated on the appeal request, or at such other address as requested by the appellant. The decision of the hearing officer or hearing body on appeal is the final decision of the city. The decision on appeal must contain the following statement: “This decision is the final, binding decision of the city. Judicial review of this decision is subject to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6 et seq.]”
7.32.120 Abatement by city.
If the nuisance is not abated by the owner or other interested party within the time period prescribed in the final order of abatement, the city may proceed to abate such nuisance or have the same done under its direction and supervision.
7.32.130 Account of Abatement costs.
A. Any owner of property upon which a public nuisance is determined to exist pursuant to this chapter is responsible for reimbursing the city for all abatement costs incurred in relation to the nuisance, including, without limitation, administrative costs, inspection costs, staff costs, contractor costs and all costs associated with physically abating a public nuisance on or in connection with the property. This reimbursement requirement applies whether the abatement is conducted pursuant to the summary abatement or administrative and appeal abatement process specified in this chapter, or by a civil action.
B. The code enforcement officer shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Upon completion of the abatement work, the code enforcement officer shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to Section 7.32.090 of this chapter. The report shall be filed with the city clerk.
C. As used in this chapter, “costs” has the meaning set forth in California Code of Civil Procedure Section 1033.5, including, without limitation, attorneys’ fees as provided in subsection (L) of this section. In addition to such items, all of the following are included within the definition of “costs”:
1. Personnel costs actually incurred by the city (for contractors and consultants) or based on established rates of employee costs as adopted by resolution of the city council from time to time. Such personnel costs include, without limitation, the costs incurred by the city to pay any contractor to abate a public nuisance.
2. Costs of administrative hearings, including hearing officer costs and reporter costs.
3. Any administrative fines or penalties.
4. Accrued interest at the rate of one percent per month or the maximum rate allowed by law.
7.32.140 Council confirmation hearing.
A. After the filing of the abatement cost report referred to in Section 7.32.130(B), the city clerk shall set the matter for hearing before the city council. Notice of the hearing shall be given via certified mail, return receipt requested, addressed to the owner(s) of the record of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current, and to any other person known to have a legal interest in the property. Notice of the hearing shall be mailed at least ten calendar days prior to the hearing.
B. The notice shall include a statement that the city council may choose to authorize the recording of a nuisance abatement lien against the property in the amount of the abatement costs incurred or make the cost of abatement a special assessment against the property. The notice shall also inform the property owner that if the city council chooses to authorize the recording of a nuisance abatement lien, that lien may subsequently be foreclosed upon by the city and that if the city council chooses to make the cost of abatement a special assessment against the property, the property may be sold after three years by the tax collector for unpaid delinquent assessments.
C. At the time fixed for the hearing on the report of expenses, the council shall consider the report and any protests or objections raised by the person liable to be assessed for the cost of abatement. The council may revise, correct, or modify the report as it considers just. Thereafter, the council shall, by resolution, confirm the cost report and may authorize the recording of a nuisance abatement lien in the amount of the abatement costs or make the cost of abatement a special assessment against the property.
D. The city clerk shall mail a copy of the resolution and the itemized invoice of abatement costs as confirmed by the council to the property owner. The invoice shall indicate that full payment is due within 30 days of the date of the invoice. Failure to pay the invoice in full within 30 days constitutes a violation of this chapter.
E. If the invoice is not paid in full by the due date, the city clerk of the code enforcement officer may proceed with the nuisance abatement lien or the special assessment, as authorized by the council, in accordance with the procedures set forth in this chapter.
7.32.150 Nuisance abatement lien procedure.
A. Prior to recordation of a nuisance abatement lien, a copy of the lien must be served on the owner of record in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10, et seq. The notice must be served at least ten days prior to the recording of the lien. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days, and publication thereof in a newspaper of general circulation published in the county in which the property is located.
B. The lien must specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
C. The lien shall be recorded in the Office of the Kern County Recorder and from the date of recording shall have the force, effect, and priority of a judgment lien.
7.32.160 Special assessment procedure.
A. If the city council, by resolution, elects to make the cost of abatement a special assessment against the subject property, a copy of the cost report as confirmed shall be turned over to the Kern County AuditorController, and the auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The tax collector shall include the amount of the assessment on the bills for taxes levied against the respective parcels of land.
B. Thereafter, the amounts of the assessment will be collected at the same time and in the same manner as ordinary municipal taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of city taxes are applicable to such assessments. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
C. A notice of special assessment shall be recorded in the office of the Kern County Recorder. The notice of special assessment must specify the amount of the assessment, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the assessment is imposed, the name and address of the recorded owner of the parcel, and a statement that the property may be sold after three years by the tax collector for unpaid delinquent assessments. A copy of the notice of special assessment shall be sent to the property owner via certified mail, return receipt requested.
7.32.170 Personal obligation.
In addition to the remedies set forth herein or otherwise provided for by law, the obligation to pay any unpaid costs is made a personal obligation of the owner of property subject to this section. Such obligation may be recovered against the owner through a suit instituted by the city or its authorized collection agent, or in any other manner provided for by law. In any such action, the city will be entitled to recover costs of such suit, including the city’s attorneys’ fees in accordance with Section 7.32.180.
7.32.180 Attorneys’ fees and costs.
A. The prevailing party in any action, proceeding, or special proceeding to abate a nuisance, including but not limited to those taken pursuant to this chapter, in which the city has initiated the action, proceeding or special proceeding and in which city elects at the initiation of the action, proceeding or special proceeding to seek recovery of its own attorneys’ fees, all as provided by California Government Code Section 38773.5(b), may recover reasonable attorneys’ fees relating thereto.
B. In any civil or criminal action, the city may seek recovery of costs (including any costs incurred in any related administrative matter) as set forth in California Code of Civil Procedure Sections 1033.5(c)(5) and 3496.
7.32.190 Chapter not an exclusive regulation.
This chapter is not the exclusive regulation of public nuisances within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.
CITY OF DELANO
STAFF REPORT
March 2, 2026
Agenda Item:10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Interim Community Development Director SUBJECT: Extension of time for Tentative Tract Map No. 7438 (Resolution No. 2023-09, approved March 20, 2023 and extension of time approved October 7, 2024) that approved the subdivision of a 28.38-acre parcel into 94 single-family residential lots
_____________________________________________________________________________
RECOMMENDATION
Staff recommends the City Council take the following actions:
1. Adopt City Council Resolution No. 2026-____ approving the Extension of Time for Tentative Tract Map No. 7438 (Resolution No. 2023-09, approved March 20, 2023)
PROJECT INFORMATION
File No. TSM-2022-002
Applicant’s Representative Ranbir Bhatti
Location/Acres Northeast corner of Browning Road and
Garces Highway (CA-155)
Zoning Designation Single-family Residential (R-1) District General Plan Designation Low Density Residential
CEQA Exempt 15183
Surrounding Land Uses Zoning General Plan
NORTH Cesar E. Chavez High School Community Facilities Community Facilities EAST Irrigated agricultural land Single-family
Residential and Parks
Districts
Low Density
Residential and Parks
SOUTH Irrigated agricultural land Kern County
Jurisdiction
Kern County
Jurisdiction
2 WEST Undeveloped commercial land
and residential land
General Commercial Commercial
Project Location
The project is located on northeast corner of Browning Road and Graces Highway (CA-155) (Assessor Parcel Number: 049-150-38). To the north of the project site is Cesar E. Chavez High School while to the east and south is irrigated agricultural land and to the west is undeveloped commercial land and residential development.
Project History
On March 20, 2023, the City Council approved Resolution No. 2023-09 approving Tentative Tract Map No. 7438 with an expiration date of March 20, 2025. An extension was granted October 7, 2024 to extend the map to March 20, 2026.
Project Proposal
The applicant is requesting an Extension of Time for Tentative Tract Map No. 7438 to allow the division of 28.38-acres into 94 single family residential lots. The applicant has asked for additional time due to project coordination requirements, and to complete the remaining conditions and proceed with recordation of the final map. There are no proposed changes to the approved scope, design, or conditions. The project remains consistent with the original approvals granted by the City Council.
3 California Environmental Quality Act (CEQA)
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) §15183, Project Consistent with a Community Plan, General Plan or Zoning as the proposal is consistent with the zoning and would accommodate a particular density of development.
Recommendation
Staff has reviewed the request, and as the applicant has not proposed any changes with the project scope, the project remains in compliance with all applicable requirements and standards.
Therefore, staff recommends the Council approve the Extension of Time to expire on March 20, 2027, subject to the original findings, conditions of approval and mitigation measures.
Attachments
City Council Resolution No. 2026- _____
Exhibit 1 - Conditions of Approval
Tract Map No. 7438
City Council
Resolution No. 2026-__
March 2, 2026
RESOLUTION 2026-__
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELANO APPROVING AN EXTENTION OF TIME FOR
TENTATIVE TRACT MAP NO. 7438
WHEREAS, On January 9, 2026 an application for a Request for Extension of Time for Tentative Tract Map 7438 was filed by Ranbir Bhatti; and, WHEREAS, the proposed project is located on real property in the incorporated portion of the City of Delano more particularly described as Assessor’s Parcel Number 049-150-38; and,
WHEREAS, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to §15183, Projects Consistent with a Community Plan, General Plan or Zoning; and,
WHEREAS, on March 20, 2023, the City Council City of Delano held a duly noticed public hearing regarding the proposed subdivision and considered the project application and testimony and hereby adopted the following findings conditionally approving Tentative Tract Map No. 7438 as follows.
FINDINGS FOR TRACT MAP NO. 7438
WHEREAS, the subject property is designated Low Density Residential by the Land Use Element Map of the City of Delano General Plan, and is zoned Low Density Residential (R-1). The use is permitted within the zone district pursuant to the provisions of the Zoning Ordinance and is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City with the adoption of appropriate project conditions; and WHEREAS, the proposed use would not impair the integrity and character of the zone district in which it is to be established or located and it is noted that the parcel is surrounded by a mix of residential development, agricultural land and undeveloped commercial land; and
WHEREAS, the City Council makes the following findings pursuant to Government Code §66411 et seq.
Finding: The proposed division of land is consistent with the objectives, policies, general plan land uses, and programs adopted with the City of Delano General Plan. (§66473.5)
City Council
Resolution No. 2026-__
March 2, 2026
Evidence: The project site is located on the northeast corner of Browning Road and Graces Highway (CA-155). The project site is zoned Single-family Residential (R-1) District and development will be consistent with the development standards for the R1 District. In addition, the Tentative Tract Map No. 7438 will be consistent with the objectives and policies of the General Pan for residential and housing development.
In addition, the proposed subdivision and conditions of approval are consistent with the residential development policies and goals of the General Plan.
Finding: The proposed division of land complies with requirements as to improvement and design.
Evidence: The site is essentially level, contains no trees and will meet the minimum requirements for subdivisions in the neighborhood. In addition, Tentative Tract Map No. 7438 is conditioned with requirements to meet the City’s infrastructure design standard requirements for future residential development of the site.
Finding: The proposed division of land complies with requirements for flood water drainage control.
Evidence: Tentative Tract Map No. 7438 will be developing an onsite drainage basin in order to retain the drainage. In addition, the site is not located in a designated Flood Zone as indicated on the FIRM (Flood Insurance Rate Map) map. Conditions of approval will require the subdivision to provide storm drainage infrastructure in accordance with adopted City development standards.
Finding: The proposed division of the property is consistent with the General Plan land use designation.
Evidence: The proposed parcel supports the development of single-family residents as the proposal is consistent with the map code designation of Low Density Residential.
Finding: That the design or improvement of the proposed subdivision is consistent with applicable general or specific plans.
Evidence: The site for Tentative Tract Map No. 7438 is designated Low Density Residential. The proposed roadways within the project are local roadways, as required by the general plan, and designed in accordance with adopted City standards.
Associated infrastructure such as water, sewer, and drainage are also design in accordance with City standards to service the proposed development.
Finding: The site is physically suitable for the development proposed.
City Council
Resolution No. 2026-__
March 2, 2026
Evidence: Tentative Tract Map No. 7438 is consistent with the design and improvement of a single-family residential project. The site has a generally flat topography and does not contain any unique topographical features.
Finding: The site is physically suitable for the proposed density.
Evidence: The lots created by the subdivision have sufficient size, configuration, and access to satisfy the standard Single-family Residential (R-1) District zoning criteria applicable to the site and can physically support Low Density Residential uses promoted under the General Plan. In addition, as noted in Finding 6, the site has a generally flat topography and does not contain any unique topographical features.
Finding: The design of the proposed division and improvements will not cause environmental damage or injure fish, wildlife, or their habitat.
Evidence: The project site does not have any physical features such as streams, riparian corridors or wildlife areas. In addition, the surrounding area includes an existing high school, irrigated agricultural land and residential development.
Finding: The design of the proposed division and improvements will not cause serious public health problems.
Evidence: Adequate measures have been applied with the Conditions of Approval to address potential concerns related to public health, including, but not limited to, provisions for water for domestic use and fire protection, extension of sanitary sewer facilities to ensure proper management of wastewater, installation of necessary storm drainage, construction of proper public streets and sidewalk, flood control measures, and provision for proper and orderly timing for construction of necessary improvements.
Finding: The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Evidence: Based on the design of Tentative Tract Map No. 7438, the type of improvements will not conflict with any easements acquired by the public for access.
Finding: The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities (Subdivision Map Act §66473.1)
Evidence: The design of the project will meet the 2022 California Green Building Code which ensures that buildings will provide energy efficiency.
Finding: The City Council has considered the effects of the proposed subdivision on City Council
Resolution No. 2026-__
March 2, 2026
the housing needs of the region and that those needs are balanced against the needs for public services and the available fiscal and environmental resources (§66412.3).
Evidence: Tentative Tract Map No. 7438 is consistent with the City’s Housing Element, Goal 2 – New Housing, Policy 2.1 New Construction.
Finding: Tentative Tract Map No. 7438 is a project subject to the provisions of the California Environmental Quality Act.
Evidence: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) §15183, Projects Consistent with a Community Plan, General Plan or Zoning. As noted, the project site is and will be developed as a Single-family Residential (R-1) District with a map code designation of Low Density Residential and will be developed as such which is consistent and the intent of the General Plan.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
The foregoing recitals are true and correct; and
THAT THE CITY COUNCIL hereby approves an Extension of Time for Tentative Tract Map No. 7438 based on the findings enumerated hereinabove, and subject to the conditions of approval as found in Exhibit 1
The forgoing Resolution of the City of Delano City Council was passed and adopted on the 2nd day of March 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: _________________________
Salvador Solorio-Ruiz, Mayor
ATTEST: _________________________
Ricardo Chavez, City Clerk
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+
0 0
3 1+
00 3
2 +
0 0
3 3+
0 0
3 4
+
00 3
5 +
00 3
6+
00 3
7+
0 0
46 6,000 SF
83 7,592 SF
61 7,589 SF
44 6,066 SF
94 7,593 SF
40 6,026 SF
23 6,128 SF
17 6,012 SF
47 6,000 SF
64 6,020 SF
60 .
0 0
'
651.57'
N0° 50' 52 7. 2"E
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