Agenda packet — Lemoore City Council, July 18, 2023 (part 1 of 3)

MEETING AGENDA
Please silence all electronic devices as a courtesy to those in attendance. Thank you. a. CALL TO ORDER
b. INVOCATION
c. PLEDGE OF ALLEGIANCE
d. ROLL CALL
e. AGENDA APPROVAL, ADDITIONS, AND/OR DELETIONS
1 – CEREMONIAL / PRESENTATION
1-1 Donations from People’s Farming (Olson)
2 – STUDY SESSION
2-1 Potential Zoning Ordinance Changes to Encourage Housing Development (Brandt)

PUBLIC COMMENT
Public comment will be in accordance with the attached policy. This time is reserved for members of the audience to address the City Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council. It is recommended that speakers limit their comments to three (3) minutes each and it is requested that no comments be made during this period on items on the Agenda. The Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Prior to addressing the Council, any handouts for Council will be provided to the City Clerk for distribution to the Council and appropriate staff. The public will have an opportunity to comment on items on the agenda once the item has been called and the Mayor opens the item to the public.
3 – DEPARTMENT AND CITY MANAGER REPORTS
3-1 Department & City Manager Reports
4 – CONSENT CALENDAR
Items considered routine in nature are placed on the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Council member or member of the public requests individual consideration. 4-1 Approval – Minutes – Special Meeting – June 19, 2023 4-2 Approval – Minutes – Special Meeting – June 27, 2023 4-3 Approval – Fire Purchases of Ford F150, 2024 Ferrara Type 1 Pumper, 2024 Ferrara Type 6 Quick Attack, Dewalt 18” Ventilation Fans, Forcible Entry Training Door, Hurst Tools (Cutter-Spreader-Ram Tools) with SB 179

LEMOORE

CALIFORNIA

LEMOORE CITY COUNCIL

COUNCIL CHAMBER
429 C STREET
July 18, 2023
5:30 P.M.
1 5 – PUBLIC HEARINGS
Report, discussion and/or other Council action will be taken. 5-1 Public Hearing – Confirming the Diagram and Assessment of Annual Levy for Fiscal Year 2023-2024 for Landscape and Lighting Maintenance District Number 1 (LLMD) Zones 1 through 13 - Resolution 2023-22 - and Public Facilities Maintenance District Number 1 (PFMD) Zones 1 through 10 - Resolution 2023-23 (Reeder) This item is being continued to the August 1, 2023 meeting.
5-2 Public Hearing – Introduction – Ordinance 2023-03 – Amending Chapter 6, Title 3, Section 2 of the Lemoore Municipal Code Pertaining to Speed Limits (Reeder) 5-3 Public Hearing – Introduction – Ordinance 2023-04 – Amending Chapter 7, Title 10, Section 2 of the Lemoore Municipal Code Pertaining to City Maintenance Districts (Reeder)
6 – NEW BUSINESS
Report, discussion and/or other Council action will be taken.

No New Business.
7 – BRIEF CITY COUNCIL REPORTS AND REQUESTS
7-1 City Council Reports / Requests
8 – CLOSED SESSION

1. Government Code Section 54957
Public Employee Performance Evaluation – City Manager

ADJOURNMENT
Upcoming Council Meetings
• City Council Regular Meeting, Tuesday, August 1, 2023 • City Council Regular Meeting, Tuesday, August 15, 2023 • City Council Special Meeting, Tuesday, August 29, 2023 Agendas for all City Council meetings are posted at least 72 hours prior to the meeting at the Council Chamber, 429 C Street and the Cinnamon Municipal Complex, 711 W. Cinnamon Drive. Written communications from the public for the agenda must be received by the City Clerk’s Office no less than seven (7) days prior to the meeting date. The City of Lemoore complies with the Americans with Disabilities Act (ADA of 1990). The Council Chamber is accessible to the physically disabled. Should you need special assistance, please call (559) 924-6744, at least 4 business days prior to the meeting.

PUBLIC NOTIFICATION
I, Marisa Avalos, City Clerk for the City of Lemoore, declare under penalty of perjury that I posted the above Regular City Council Agenda for the meeting of July 18, 2023 at Council Chamber, 429 C Street and Cinnamon Municipal Complex, 711 W. Cinnamon Drive, Lemoore, CA on July 14, 2023. //s//
Marisa Avalos, City Clerk
2 CITY COUNCIL REGULAR MEETING
JULY 18, 2023 @ 5:30 p.m.

The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Lemoore utilizes Zoom teleconferencing technology for virtual public participation; however, the City makes no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing/attendance may not be available at all meetings.) The meeting may be viewed through the following Zoom Meeting:
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• Phone: +1 669 900 6833
If you wish to make a general public comment or public comment on a particular item on the agenda, participants may do so via Zoom during the meeting or by submitting public comments by e-mail to: [email protected]. In the subject line of the e-mail, please state your name and the item you are commenting on. If you wish to submit a public comment on more than one agenda item, please send a separate e-email for each item you are commenting on. Please be aware that written public comments, including your name, may become public information.

Additional requirements for submitting public comments by e-mail are provided below.

General Public Comments & Comments on City Council Business Items For general public comments and comments regarding specific City Council Business Items, public comments can be made via Zoom during the meeting or all public comments must be received by e-mail no later than 5:00 p.m. the day of the meeting. Comments received by this time will be read aloud by a staff member during the applicable agenda item, provided that such comments may be read within the normal three (3) minutes allotted to each speaker. Any portion of your comment extending past three (3) minutes may not be read aloud due to time restrictions.

If a general public comment or comment on a business item is received after 5:00 p.m., efforts will be made to read your comment into the record. However, staff cannot guarantee that written comments received after 5:00 p.m. will be read. All written comments that are not read into the record will be made part of the meeting minutes, provided that such comments are received prior to the end of the City Council meeting.

Public Hearings
For public comment on a public hearing, all public comments must be received by the close of the public hearing period. All comments received by the close of the public hearing period will be read aloud by a staff member during the applicable agenda item, provided that such comments may be read within the normal three (3) minutes allotted to each speaker. Any portion of your comment extending past three (3) minutes may not be read aloud due to time restrictions. If a comment on a public hearing item is received after the close of the public hearing, such comment will be made part of the meeting minutes, provided that such comment is received prior to the end of the meeting.
*PLEASE BE AWARE THAT ANY PUBLIC COMMENTS RECEIVED THAT DO NOT SPECIFY A PARTICULAR AGENDA ITEM WILL BE READ ALOUD DURING THE GENERAL PUBLIC COMMENT PORTION OF THE AGENDA.* 3 City of

LEMOORE

CALIFORNIA
711 West Cinnamon Drive  Lemoore, California 93245  (559) 924-6744 Staff Report
Item No: 2-1
To: Lemoore City Council
From Steve Brandt, City Planner
Date: July 7, 2023 Meeting Date: July 18, 2023
Subject: Discussion of Potential Ordinance Changes to Encourage Housing Development
Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☒ Operational Excellence
☒ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:

No motion needed. This is an informational item for discussion. All proposed changes to the General Plan and to the text and map of the Zoning Ordinance will be formally proposed at a noticed public hearing planned for September 5, 2023. The Planning Commission reviewed these proposed changes on July 10, 2023, and will be holding a public hearing to make a formal recommendation on August 14, 2023.

Subject/Discussion:

The City received a grant from the California Department of Housing and Community Development (HCD) to update or modify City ordinances and procedures in a way that would encourage more housing development in Lemoore. Previous review sessions were held at Planning Commission meetings on March 13, April 24, and July 10. A discussion of minimum single-family lot size was held at the City Council meeting on February 7.

Other proposed text changes were discussed at the Council meeting on May 16, 2023.

Proposed Changes:

The following list describes our main scope of changes Staff is planning to recommend.

At this time, Staff requests a discussion to see if the City Council has any questions, comments, changes, direction, or suggestions for Staff before the public hearing before the Planning Commission on August 14.
4 General Plan and Zoning Map changes – The Mixed Use General Plan designation and related MU zone has not worked out as was intended by the General Plan when it was adopted in 2008. Developers have shied away from the sites zoned MU and there has been no development on them. Staff is proposing elimination of the Mixed Use designation (except in the downtown) and the MU zoning from the General Plan Map and the Zoning Map. The chapter on Mixed Use (Zoning Ordinance Chapter 7) will remain in the Zoning Ordinance just in case there is ever a desire to bring the zone back. The sites will be proposed for rezone to either High Density Residential, Medium Density Residential, Neighborhood Commercial, or Professional Office. Since the goal of the grant is to encourage more housing, preference is being given to change to residential zones except where commercial or office zoning is more appropriate due to existing or surrounding uses. City staff has met with some property owners with vacant parcels zoned MU that has been trying to develop for several years. The property owners Staff talked with were fully supportive of this effort to change the zoning.

The existing and proposed General Plan and Zoning for the Mixed Use areas are shown in the attached maps. There are basically four areas, which the maps call Bush and D Streets, North of College, Lemoore Avenue & Cinnamon Drive, and Hanford-Armona Road east of Lemoore Avenue. For each area there is a general plan amendment map and a zoning amendment map. The map on the top-right of each page shows which parcels are
affected. The
map on the
bottom-left
shows the
existing map
while the map
on the bottomright shows the
proposed
changes.

Lemoore Zoning Map
showing the location of
the four areas proposed
for amendments.
5 6
7 8
9 10
11 12
13 One of the purposes of changing the designations and zoning is to plan for more housing.

The table below shows the vacant acres in each of the four areas, and how the change will affect the number of potential housing units that could be constructed after the change. The density of each zone is based on the realistic density assumed in the Housing Element. The tables only show the acreages of vacant land being proposed to be changed.

Zone Zone Name
Vacant
Acres to be
Added or
Subtracted
Housing
Element
Realistic
Density
HE
Lower
Income
HE
Moderate
Income
HE Above
Moderate
Income
Total
Potential
Housing
Units
Added or
Subtracted
Hanford-Armona Road east of Lemoore Ave.

MU Mixed Use -0.27 9.00 -1 -1 0 -2
PO Professional Office 0.07 0.00 0 0 0 0
RMD Medium Density Residential 0.20 14.00 3 0 0 3
Subtotal 0.00 2 -1 0 1
Lemoore Avenue and Cinnamon Drive
MU Mixed Use -27.43 9.00 -123 -124 0 -247
NC Neighborhood Commercial 5.87 0.00 0 0 0 0
RHD High Density Residential 21.57 18.00 388 0 0 388
Subtotal 0.00 265 -124 0 141
North of College
MU Mixed Use -6.56 9.00 -29 -30 0 -59
RLD Low Density Residential 6.19 4.50 0 14 15 28
PR Greenway -0.70 0.00 0 0 0 0
CF Community Facilities -3.57 0.00 0 0 0 0
RMD Medium Density Residential 4.64 18.00 34 0 0 84
Subtotal 0.00 5 -16 15 53
Bush and D Streets
MU Mixed Use -11.96 9.00 -56 -57 0 -108
RHD High Density Residential 6.34 18.00 114 0 0 114
RMD Medium Density Residential -2.12 14.00 -30 0 0 -30
RMD Medium Density Residential 4.37 14.00 61 0 0 61
NC Neighborhood Commercial 3.37 0.00 0 0 0 0
Subtotal 0.00 89 -57 0 37
OVERALL TOTAL CHANGE IN POTENTIAL HOUSING UNITS 361 -198 15 232 The table shows that, overall, the changes being considered could increase the capacity to approve housing units by a total of 232 units, with almost all of that being in the lower income range. The State considers lower income to be less than 80% of the median income of a community.
14 Residential development standards – Using comments heard at the Council study session about lot size that was held on February, Staff is proposing to reduce the by-right minimum lot size from the current 7,000 sq.ft. to 5,000 sq.ft. This should streamline the approval process because subdivision proposals that meet the new minimum lot size will not be required to obtain approval of a Planned Unit Development (PUD). Other cities in the Valley have changed their minimum lots sizes to either 4,000, 4,500, 5,000, or 6,000 sq.ft. Staff is recommending changing the minimum lot size standard in Lemoore to 5,000 sq.ft. because that appears to be the new industry standard, meaning that just about every homebuilder is designing homes that fit on a 5,000 sq.ft. lot. This would mean that new subdivisions where all the proposed lots are 5,000 sq.ft. or greater would not be required to apply for the PUD.

The following tables shows that four out of eight subdivisions approved in the last seven years would not have needed a PUD if these changes had been in place previously.

Tentative Subdivision Maps Approved in Last 7 Years
PUD Required Before
Text Amendment
PUD Required After
Text Amendment
Brisbane East (Nunley) Yes No
Tract 908 (Wathen) Yes No
Tract 920 (Lennar) Yes No
Lacey Ranch (Granville Homes) Yes Yes
Tract 848 (Lennar) Yes Yes
Revised Tract 820 (GJ Gardner) Yes Yes
Tract 935 (Lennar) Yes No
Silva 11 (Daley) No No
The proposed changes are shown in Table 9-5A-4A on Text Amendment Pages 15 and 16.

The proposed changes show a minimum single-family lot size of 5,000 square feet.

Developers that desire to have lots less than 5,000 square feet in size would be required to obtain a PUD. Lot size maximums would be removed as a requirement. The minimum front yard setback would be reduced to 15 feet, while retaining the requirement for a 2-foot stagger in the front. Side yards would be a minimum of 5 feet and no longer require an additional 5 feet for the second story. There would be no change to the rear yard setback.

Site Plan and Architectural Review – Staff will be working on text changes that would make Site Plan Review a ministerial process that is always approved by the City staff. This would mean that projects that only need Site Plan Review approval would no longer go to the Planning Commission for review. Staff will also be proposing a new preliminary site plan process that is consistent with SB330, a 2019 law that limits what Cities can ask of developers that want to utilize a preliminary stie plan review process. The process would also be completely managed by Staff. The following table shows site plans that were reviewed in the last seven years, whether they were approved by Staff or the Planning Commission, and whether or not they would still go to Planning Commission if these text changes had been in place at that time.
15 Site Plans approved in last 7 years
(except Subdivision and Parcel Maps)
Site Plan Review Approving
Authority Before
Text Amendment
Site Plan Review Approving
Authority After
Text Amendment
Cinnamon Villas II Planning Commission Staff
Granville Multi-family project Planning Commission Staff Jack in the Box redesign Staff Staff
Beard industrial buildings Planning Commission Staff
Hwy 41/Hanford-Armona Rd apartments
and commercial
Planning Commission Planning Commission
Dollar General Planning Commission Staff
Grocery Outlet Planning Commission Planning Commission
Wimpy’s Staff Staff
Dutch Brothers Staff Staff
Champion/Larish duplexes Staff Staff
Tacos Los Juanes Staff Staff
Helena Chemical industrial project Planning Commission Staff Leprino solar project Staff Staff
New Industrial building Planning Commission Staff
Master Storage expansion Planning Commission Staff
Johnny Quik Planning Commission Planning Commission
Panda Express Staff Staff
19th/Bush Car wash and convenience store Planning Commission Planning Commission Venture Place industrial development Planning Commission Staff Last Day Ministries expansion Planning Commission Planning Commission Smith Avenue Apartments Planning Commission Staff
Ice Kiosk Staff Staff
Salas Harvesting office buildings Staff Staff
Plain Insane Graphics commercial building Staff Staff
Maverik mini-mart and fueling station Planning Commission Planning Commission 16 Accessory Dwelling Unit (ADU) Ordinance – Staff is updating the ADU Ordinance to ensure compliance with State law, which was changed in 2019 and again in 2020. The goal will be to make the process more understandable so as to encourage more ADUs. The changes are on Text Amendment Pages 10 through 14 and affect Section 9-4D-12, as well as on page 8 where the accessory dwelling units are changed from requiring an administrative use permit to be a permitted use. As per State law, a site could have both an accessory dwelling unit and a junior accessory dwelling unit (JADU). The new code is consistent with the standards allowed to be implemented by State law.

Cottage home ordinance – Staff is looking at adding a cottage home ordinance to the Zoning Ordinance. In the new ordinance text, a cottage would be considered a special type of accessory dwelling unit where the City provides the homeowner with preapproved building plans so that the homeowner does not have the expense of having an architect draw up building plans. It would have to meet both the ADU and the cottage home standards. The specific text can be found on Text Amendment Pages 13 and 14.

Tiny house ordinance – Staff is looking at adding a tiny house ordinance to the Zoning Ordinance. In the new ordinance text, a tiny house would be considered a special type of accessory dwelling unit. It would have to meet both the ADU and the tiny house standards.

The specific text can be found on Text Amendment Page 14.

The text of the ordinance has been modified from the version shown at the April study session. Much of the text has been converted into a table to make it easier for Staff and the public to interpret.

SB9 Compliance – SB9 was a new 2021 State law that allows existing property owners (not developers) to add a second main home on their lot or to split their lot to accommodate a second home even if the lot split does not meet the minimum zoning requirements. At the time of adoption, this law was described in the press as “the end of single-family zoning in California.” While that may not be exactly true, the law does contain certain overrides of local zoning that Cities must allow. No one in Lemoore has tried to take advantage of this law yet.

This new law is being acknowledged with new text in the Allowed Uses Table 9-4B-2, which is found on Text Amendment Page 8. It is listed as “Dwelling, additional, meeting provisions of Government Code Section 66852.21.”
Other Definition Changes – On Text Amendment Page 7, there are revised definitions for large and small family day care. This is to bring the City’s definition more in line with the State’s definition. There is also a new definition for Short-term Rental Unit, more commonly known as an Airbnb or Vrbo rental. This use is being added to the zoning ordinance to distinguish it from a bed and breakfast or a hotel.

Subdivision Ordinance Update – the Subdivision Ordinance was last updated in 2012.

Antonio Westerlund, the City surveyor, and his surveyor team are reviewing the Ordinance with the intent on recommending updates to the text of the Ordinance. The Subdivision Ordinance describes the specific requirements for subdivision and parcel maps. The review team found ways to streamline the preparation and review process. Changes include:
• A clear, updated list of what is required on subdivision maps and parcel maps. 17 • A new chapter that simplifies the submittal requirements for lot mergers (combining two adjacent lots into one lot).
• A new chapter implementing the urban lot split that is now required by the State. • A new requirement for developers to submit their maps and improvement plans in AutoCAD to make it easier to update the City’s GIS data. • Movement of the specific language and signature blocks needed on maps out of the ordinance and into a standards document to be placed on the City website, so that the language can be updated more quickly by City staff when changes occur. • An update to recognize all of the State-approved time extension opportunities for map.

Financial Consideration(s):

None.

Alternatives or Pros/Cons:

No final decisions are being made at this time. The Council may recommend to Staff to modify, delete, or add to the proposed zoning ordinance text changes.

Commission/Board Recommendation:

The Planning Commission discussed potential zoning ordinance text changes at their meetings on March 10, April 24, and July 10. A public hearing to make a formal recommendation is planned for August 14, 2023.

Staff Recommendation:

Staff recommends that the Council discuss the proposed zoning text changes and then provide any direction to Staff regarding modifications to the proposal, additional changes, or removal of certain changes from the proposal.

Attachments: Review: Date:
☐ Resolution: ☐ Asst. City Manager
☐ Ordinance: ☒ City Attorney 7/14/2023
☐ Map ☒ City Clerk 7/14/2023
☐ Contract ☒ City Manager 7/12/2023
☒ Other ☐ Finance
List: Proposed Zoning Ordinance Text Amendments (Redlined Version and Clean Version) 18 July 18 City Council Version

PROPOSED ZONING ORDINANCE TEXT AMENDMENTS
New text is underlined. Text to be removed is in strikeout format.

TABLE 9-2A-7-1
PLANNING PERMIT AND ENTITLEMENTS AND REVIEW AND APPEAL AUTHORITY1 Planning Permit Or
Entitlement
Notice/Hearing
Requirement
Authority
Planning
Director
Planning
Commission
City
Council
Administrative permits:

Zoning clearance (e.g.,
building permit, signs,
business license)
None Final Appeal- Appeal
Temporary use permit None Final Appeal- Appeal
Tree permit for trees on
private property
None Final Appeal- Appeal
Reasonable
accommodation
None Final Appeal- Appeal
Similar use
determination
None Final Appeal- Appeal
Official zoning
interpretation
None Final Appeal- Appeal
Minor home occupation
permit
None Final Appeal- Appeal
Highway oriented sign
permit
None Final Appeal- Appeal
Administrative use
permit
None Final Appeal- Appeal
Minor deviation None Final Appeal- Appeal
Minor site plan and
architectural review
None Final - Appeal
Sign program None Final Appeal- Appeal
19 Site plan and
architectural review
None Final Appeal Appeal
Quasi-judicial permits
and entitlements:

Conditional use permit Public hearing Recommending Final Appeal 2 Major home occupation
permit
Public hearing Recommending Final Appeal
Major site plan and
architectural review
Public hearing Recommending Final Appeal 2
Planned unit
development
Public hearing Recommending Final Appeal 2
Variance Public hearing Recommending Final Appeal 2
Public convenience or
necessity
Public hearing Recommending Final Appeal 2
Legislative approvals:

Specific plan Public hearing 3 Recommending Recommending Final Development agreement Public hearing 3 Recommending Recommending Final Planned Unit
Development
Public hearing 3 Recommending Recommending Final
Zoning amendment Public hearing 3 Recommending Recommending Final Prezoning Public hearing 3 Recommending Recommending Final General plan amendment Public hearing 3 Recommending Recommending Final 20 9-2B-12: MINOR SITE PLAN AND ARCHITECTURAL REVIEW:

A. Purpose: The purpose of minor site plan and architectural review is for the review of the design and layout of new development in the City to ensure that it is consistent with the regulations of this title, other relevant titles in the Lemoore Municipal Code, and all relevant City policies, requirements, and development standards that would apply to the project prior to the issuance of subsequent permits, such as discretionary actions required by the City Zoning Ordinance or City Subdivision Ordinance, improvement plans, and building permits. It is the intent that site plan and architectural review be a ministerial action limited to review of the project development project for conformance with City of Lemoore ordinances, policies, requirements, and development standards. (Ord. 2013-05, 2-6-2014) B. Applicability: Minor siteSite plan and architectural review shall be required prior to the issuance of any ministerial building permits or site improvement plans and prior to or in conjunction withany discretionary action of corresponding development applications (e.g., conditional use permit, variance). Site plan and architectural review may serve as the preliminary application for housing development projects seeking vesting rights pursuant to SB 330, the Housing Crisis Act of 2019.

1. Review Required: Minor siteSite plan and architectural review is required for all of the following activities:
a. New nonresidential or mixed-use developments of less than twenty thousand (20,000) gross square feet;
b. Additions Nonresidential building additions greater than 1,000 square feet; of less than twenty thousand (20,000) square feet to existing commercial, office, and industrial buildings; c. Conceptual plan for a mixed-use center as required by chapter 7, "Mixed Use Development Standards", of this title.
d. New multi-family residential developments of more than two units (e.g., apartments, condominiums, townhomes) of less than thirty (30) units on a single site. (Ord. 2018-03, 5-15- 2018)
e. The design and layout of new residential subdivisions as part of the tentative subdivision map process as provided in title 8, chapter 7, "Land Division", of the Municipal Code;
f. Demolition or exterior alterations and additions to nonresidential buildings that are more than seventy five (75) years old.

2. Exemptions: The following activities are specifically exempt from minor site plan and architectural review:
a. Single-family residential custom homes and duplexes on an existing lot; b. Additions to or the exterior remodels of single-family residential homes within normal setbacks;
c. Accessory structures consistent with the provisions of section 9-4D-18, "Residential Accessory Structures", of this title;
21 d. Changes to the exterior facade of existing buildings; e. Painting existing buildings in the DMX zoning districts with historic color palettes as described in subsection 9-6-4C, "Colors And Painting", of this title; f. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure and that employ the same materials and design as the original construction;
g. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (including solar collectors); and h. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments.
i. Nonresidential building additions of 1,000 square feet of gross floor area or less.

C. Approval Authority: The designated approval authority for minor site plan and architectural design review shall be the Planning Community Development Director.

D. Process: The applicant shall provide a completed application on a form preparedovided by the City, a site plan and, if new non-residential buildings or multi-family dwellings are proposed, an elevation plan. No public hearing or notice is required for a minor site plan and architectural review. Site plan and architectural review is a ministerial process conducted by City staff to determine compliance with existing City of Lemoore ordinances, policies, requirements, and development standards and is therefore exempt from the requirements of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15268.

E. Approval Findings: A minor site plan and architectural review permit, or any modification thereto, shall be granted only when the designated approving authority makes a findingfinds that the proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, specific plan provisions, and policies and improvement standards adopted by the City, or that a general plan amendment or zoning amendment is going to be subsequently applied for by the developer. If the site plan submitted requires major changes before this finding can be made, the developer may be required to make changes and submit the site plan again.

F. Post approval Implementation: A minor site plan and architectural design review permit is ministerial in nature. As such, the Planning Director may not impose discretionary conditions on the issuance of the permit. If the proposed development project requires approval of a discretionary action after completion of the site and architectural design review process, conditions of approval can be placed on the discretionary approval (Ord. 2013-05, 2-6-2014) G. Appeals. If the applicant disagrees with the interpretation or application of a City ordinance, policy, requirement, or development standard, they may appeal the interpretation per procedures in Section 9-2A-7 and 9-2A-8.

H. Expiration. A site plan and architectural design review permit shall expire one (1) year after issuance unless an application for a related discretionary approval or a building permit is submitted. Upon written request by the applicant prior to expiration, the Community Development Director may extend the expiration for an additional one (1) year. 22 9-2B-15: MAJOR SITE PLAN AND ARCHITECTURAL REVIEW:

A. Purpose: The purpose of major site plan and architectural review is for the review of the design and layout of new development in the City to ensure that it is consistent with the regulations of this title and will not result in a detriment to the City or the environment. The City desires to maintain and enhance Lemoore's sense of place; design commercial and mixed use centers to be of pedestrian scale so people can feel comfortable and congregate in these areas; promote visually appealing architecture and high quality developments that promote a small town atmosphere; and protect and accentuate Lemoore's environmental assets, its surrounding natural landscape, agricultural farmland, open canals, and wetlands. (Ord. 2013-05, 2-6-2014) B. Applicability: Major site plan and architectural review shall be required prior to the issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).

1. Review Required: A major site plan and architectural review is required for the following items:
a. New nonresidential or mixed-use developments of twenty thousand (20,000) gross square feet or more;
b. Additions of twenty thousand (20,000) square feet or more to existing commercial, office, and industrial buildings;
c. New multi-family residential developments (e.g., apartments, condominiums, townhomes) except where there are less than thirty (30) units on a single site; d. The design and layout of new residential subdivisions as part of the tentative subdivision map process as provided in title 8, chapter 7, "Land Division", of the Municipal Code;
e. Demolition or exterior alterations and additions to nonresidential buildings that are more than seventy five (75) years old. (Ord. 2018-03, 5-15-2018)

2. Exemptions: Those activities exempt from minor site plan and architectural design review as provided in subsection 9-2B-12 B2 of this article shall also be exempt from major site plan and architectural design review.

C. Approval Authority: The designated approval authority for major site plan and architectural design review shall be the Planning Commission.

D. Public Hearing And Notice: Public hearing and notice are required for a major site plan and architectural review pursuant to section 9-2A-6, "Public Notice, Hearings, And Decisions", of this chapter.

E. Approval Findings: A major site plan and architectural review permit, or any modification thereto, shall be granted only when the designated approving authority makes all of the following findings:

1. The proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, specific plan provisions, and improvement standards adopted by the City;

2. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community; 23 3. The architecture, character, and scale of the building and the site are compatible with the character of buildings on adjoining and nearby properties;

4. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation; and

5. In the case of proposed alterations, additions, or demolitions to nonresidential buildings that are more than seventy five (75) years old:
a. Alterations And Additions: The alteration or addition is compatible with the downtown revitalization plan.
b. Demolitions: The applicant has demonstrated that the existing use cannot generate a reasonable rate of return; the existing building constitutes a hazard to public safety and is economically infeasible to rehabilitate, the design quality of the replacement building will be superior to the existing building and will be compatible with adjacent buildings and the character of downtown Lemoore, or the proposed demolition or removal is necessary to allow a project that will have public benefits outweighing the public benefits of retaining the existing building.

F. Conditions Of Approval: The designated approving authority may impose conditions and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 2013-05, 2-6-2014) 24 9-4A-5: DESCRIPTION OF LAND USES:

CHILD DAYCARE FACILITY: Facility that provides nonmedical care and supervision of minor children for periods of less than twenty four (24) hours for an individual child. These facilities include the following, all of which are required to be licensed by the State:

1. Child Daycare Center: Commercial or nonprofit child daycare facility operated outside of a home, typically able to accommodate fifteen (15) or more children, including infant centers, preschools, sick child centers, daycare centers, and school age daycare facilities. These may be operated in conjunction with a school or church facility, apartment complex, or as an independent land use. Also includes employer sponsored childcare centers.

2. Family Daycare Home, Large: A single-family residencehome that regularly provides daycare care, protection, and supervision while the parents or guardians are away for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home. This description is consistent with section 1596.78 of the Health and Safety Code.

3. Family Daycare Home, Small: A single-family residencehome that regularly provides daycare care, protection, and supervision while the parents or guardians are away for six (6) eight (8) or fewer children, including children under the age of ten (10) years who reside at the home, or up to eight (8) children if the conditions of section 1597.44 of the Health and Safety Code are met. Per State law, these small family daycare uses may not be regulated differently than single-family dwellings. This description is consistent with section 1596.78 of the Health and Safety Code.

DWELLING, ACCESSORY UNIT: An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.

DWELLING, ACCESSORY UNIT (ADU): An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit may be an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007.

DWELLING, JUNIOR ACCESSORY UNIT (JADU): A dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance from the main entrance to the single-family residence, separate sanitation facilities, and an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit.

SHORT-TERM RENTAL UNIT: Residential structure where all or a portion of the structure is rented for overnight lodging for a period of less than 30 days. A short-term rental unit or site that provides a meal as part of its service is considered a bed and breakfast inn and is included under the definition of “bed and breakfast inn”.
25 TABLE 9-4B-2

ALLOWED USES AND REQUIRED ENTITLEMENTS FOR BASE ZONING DISTRICTS

P = Permitted by right N = Not permitted
A = Administrative use permit required C = Conditional use permit required

Land Use/Zoning District Residential Zoning Districts Special Purpose Zoning Districts
Mixed Use Zoning Districts Office, Commercial, And Industrial Zoning Districts
AR RVLD RLD RN RLMD RMD RHD W AG PR CF DMX1DMX2DMX3MU NC RC PO ML MH Residential uses:

Caretaker housing C P P P P P P C N C C P P P P C C P P P Child daycare facility - family daycare home,
large 1

N A A A A A A N N N N A A A A N N N N N
Child daycare facility - family daycare home,
small

N P P P P P P N N N N P P P P N N N N N
Dwelling, multi-family N N N N P P P N N N N P 2 P P P P 27 N C N N Dwelling, second unitaccessory unit 3 A P A P A P A P A P A P A P N N N N N A P A P N N N N N N Dwelling, single-family P P P P P P N N N N N N A P N N N N N N Dwelling, two-family N N A P P P N N N N N N P P N N N N N N Dwelling, additional, meeting provisions of
Government Code Section 66852.21

P P P P P N N N N N N N N P N N N N N N
Emergency shelter N N N N N N N N N N P N N N N N N N C N Employee housing, large P C N N N N N N P N N N N N N N N N N N Employee housing, small P P P P P P N N P N N N P P N N N N N N Gated residential community C C C C C C C N N N N N N N N N N N N N Group residential N N N N N P P N N N C P P P P N N N N N Guesthouse P P P P P P N N N N N N P P N N N N N N
Live-work facility 5 N N N N N N A N N N N A A A A A N N N N 26 Marijuana personal cultivation - personal
recreational and medicinal use 28
P 28 P 28 P 28 P 28 P 28 P 28 P 28 N N N N N N N N N N N N N Mobilehome park 6 N C C C C A A N N N N N N N N N N N N N Recreational vehicle park 24 N N N N N N N N N N N N N N N N C N C N Residential care facility 25 P P P P P P P N N N N N A P C C N N N N Residential care home N P P P P P P N N N N C P P P N N N N N Single room occupancy (SRO) facility N N N N N N P N N N N C C C N N N N N N Supportive housing P P P P P P P N N N N P P P P N N N N N Transitional housing P P P P P P P N N N N P P P P N N N N N Retail, service, and office uses:

Short-term rental unit P P P P P P P N N N N N P P N N N N N N Notes:
1 . See additional regulations for large family daycare homes in section 9-4D-7 of this chapter.

2. Only permitted on the first floor when located along an alley or side street; otherwise must be on an upper floor.

3. See additional regulations for second accessory dwelling units in section 9-4D-12 of this chapter.

4. Reserved.

5. See additional regulations for live-work facilities in section 9-4D-8 of this chapter.

6. See additional regulations for mobilehome parks in section 9-4D-10 of this chapter.

7. Minimum lot size shall be 20,000 square feet.

8. All activities and storage shall be located within an enclosed structure(s).

9. See additional regulations for community gardens in section 9-4D-3 of this chapter.

10. See special permit requirements in title 3, chapter 4, article C of the Municipal Code.

11. Maximum tenant space shall be 10,000 square feet.

12. See additional regulations for wireless telecommunication facilities in section 9-4D-15 of this chapter.

13. Facilities less than 75 feet tall are permitted by right, except that major site plan and architectural review is still required. Otherwise, a conditional use permit is required in addition to major site plan and architectural review.

14. See additional regulations for alcoholic beverage sales in section 9-4D-2 of this chapter.

15. Use is permitted by right when located on the ground floor. Otherwise, a conditional use permit is required.

16. See additional regulations for drive-in and drive-through facilities in section 9-4D-4 of this chapter.

17. See additional regulations for massage therapy in section 9-4D-9 of this chapter. Additionally, see additional permit requirements in title 4, chapter 7 of the Municipal Code.

18. Maximum tenant space shall be 30,000 square feet; however, store size may be larger upon approval of an administrative use permit.

19. See additional regulations for semipermanent mobile food vendors in section 9-4D-13 of this chapter.

20. See additional regulations for sexually oriented businesses in section 9-4D-14 of this chapter.

21. See additional regulations for thrift stores in section 9-4D-16 of this chapter.

22. See additional regulations for fueling stations in section 9-4D-6 of this chapter.

23. Use is permitted by right when located more than 500 feet from a residential use or district.

24. See additional regulations for recreational vehicle parks in section 9-4D-11 of this chapter.

25. This "sensitive receptor" use shall not be located within:
a. 500 feet of a freeway, urban roads carrying 100,000 vehicles per day, or rural roads carrying 50,000 vehicles per day. b. 1,000 feet of a distribution center (that accommodates more than 100 trucks a day, more than 40 trucks with operating transport refrigeration units [TRUs] a day, or where TRU operation exceeds 300 hours per week). c. 300 feet of any dry cleaning operation that uses toxic chemicals. For operations with 2 or more machines, a minimum 500 feet shall be provided. For operations with 3 or more machines, a larger distance may be required based upon consultation with the Kings County Air District. d. 300 feet of a "large gas station", defined as a facility with a throughput of 3.6 million gallons or more per year.

26. If developed incidental to an existing charitable operation, this use is allowed subject to approval of an administrative use permit.

27. Permitted on second floors above retail and neighborhood serving office when ancillary in size and does not interfere with primary retail use.

28. Use is permitted as allowed by State law and as authorized in title 4, chapter 8 of the Municipal Code. 27 9-4D-12: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

A. Purpose And Applicability: This section applies to accessory dwelling units within the City.

Accessory dwelling units are permitted upon issuance of an administrative use permit in the agricultural and residential zoning districts subject to the standards of this section. The purpose of this section is to regulate accessory dwelling units in residential zoning districts and on residential property consistent with State law. Implementation of this section is intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

B. Development Standards: Pursuant to Government Code section 65852.2, accessory dwelling units shall be permitted on agricultural and residential parcels when the following conditions are met:

1. The parcel contains an existing single-family dwelling.

2. No more than one (1) accessory dwelling unit shall be allowed per parcel.

3. The property owner shall occupy either the primary unit or accessory dwelling unit. The property owner shall record a declaration acknowledging owner occupancy, recorded with the property as a condition of the administrative permit.

4. An accessory dwelling unit shall not exceed:
a. Fifty percent (50%) of the existing living area of the primary dwelling when attached to the primary dwelling. For purpose of this standard, "living area" shall mean the interior habitable area of a dwelling unit, including basements, attics, bedrooms, kitchens, living room, etc. It does not include a garage or any accessory structure; or
b. One thousand two hundred (1,200) square feet when detached from the primary dwelling.

5. Building setbacks for attached accessory dwelling units shall comply with all required building setbacks for the primary dwelling unit.

6. The maximum height of a detached accessory dwelling unit shall not exceed the height of the primary dwelling unit.

7. No accessory dwelling unit may be sold separately from the primary dwelling unit. (Ord. 2017-06, 5-16-2017)
A. Purpose and intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as required by and in compliance with Government Code Sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Sections 65852.2 and 65852.22. To the extent there is a conflict between the provisions of this section and the provisions of either Government Code Section 65852.2 or 65852.22, including as either may be amended, the applicable provision(s) of Government Code Sections 65852.2 and 65852.22 shall apply. The requirements and exceptions specified in Government Code Sections 65852.2 and 65852.22 shall apply to the construction of ADUs and 28 JADUs pursuant to this section. This section is not intended to regulate multigenerational dwelling units, which are dwelling units that do not include a kitchen, contained entirely within the walls of a proposed or existing single-family residence where access is not restricted between areas of the residence.

B. Determinations. ADUs and JADUs are residential uses. ADUs and JADUs that comply with this section are considered accessory uses and accessory buildings and therefore do not exceed the allowable density for the lots upon which ADUs and JADUs are located. ADUs and JADUs that comply with this section are considered to be consistent with the general plan and zoning designations for the lot. ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City’s housing element, as provided in Government Code Section 65583.1(a), and to reduce the City’s share of the regional housing need, as provided in Government Code Section 65583.1(d).

C. Unless otherwise stated in this section, the requirements and standards of this Title that apply to the lot and the primary dwelling shall apply to any ADU and/or JADU, including height, setback, and landscaping. All Fire and Building Code requirements that apply to detached dwellings and accessory structures generally shall apply to ADUs and JADUs.

D. Development Standards. ADUs, JADUs, tiny homes, and multi-generational housing units shall meet that applicable standards in Table 9-4D-12-A.

TABLE 9-4D-12-A
DEVELOPMENT STANDARDS FOR ADUs, JADUs, TINY HOMES, AND MULTIGENERATIONAL HOUSING UNITS Requirement ADU (including
Cottage Home) JADU Tiny Home (type of ADU
Multigenerational
housing unit
(not an ADU or
JADU
Zone districts
where allowed:

All residential and mixed
use zone districts
All residential
and mixed use
zone districts
All residential
and mixed
use zone
districts
All residential
and mixed use
zone districts
Lot types where
allowed:

Lots with either singlefamily or multi-family
dwelling (existing or
proposed)
Lots with a
single-family
dwelling
(existing or
proposed)
Lots with a
single-family
dwelling
(existing or
proposed)
Lots with a
single-family
dwelling (existing
or proposed)
Number allowed
on a singlefamily lot:

One (1) One (1) in
addition to one
(1) ADU
See ADU One (1)
Attached to or
detached from
main dwelling:

Either attached or
detached. Attached
must have separate
exterior entry.

Attached.

Must have
separate
exterior entry.

Detached Attached
Number allowed
on a multi-family
lot:

Up to two (2) detached.

If attached, up to 25% of
None None None
29 the existing multi-family
dwelling units
Owner
occupancy:

No requirements Property must
reside in either
the main
dwelling or the
JADU
No
requirements
No requirements
Unit size: At least 220 sq.ft. If
detached, up to 1,200
sq.ft. If attached, up to
50% of the existing
primary dwelling, or
1,200 sq.ft., whichever
is greater.

At least 220
sq.ft. and not
more than 500
sq.ft.

The first floor
shall be at
least 100
sq.ft.

No size
requirement
Building
setbacks:

For attached ADUs,
following main dwelling
setbacks. For detached
ADUs, 15 feet minimum
setback from front
property line and four
(4) feet minimum
setback from side and
rear property lines.

Per main
dwelling
setback
requirements.
15 feet
minimum
setback from
front property
line and four
(4) feet
minimum
setback from
side and rear
property lines.

Per main
dwelling setback
requirements
Maximum
height:

For detached ADUs, 16
feet. For attached
ADUs, per main
dwelling height
requirements
Per main
dwelling height
requirements
14 feet Per main
dwelling height
requirements
Separate kitchen
required:

Yes Yes Yes No
Separate
bathroom
required:

Yes No, but if no
bathroom,
there must be
an interior
entryway to the
main dwelling
Yes Yes
Connection to
water and sewer
required:

Yes. May be shared
with main dwelling, but
not required.

Yes. May be
shared with
main dwelling,
but not
required.

Yes, if
occupancy is
intended to be
for more than
72 hours
Yes
Additional onsite parking
required:

One (1) space unless
an exception is made
per Government Code
65852.2. The additional
parking space may be
tandem and within a
No No No
30 building setback area if
it is paved with a nonpermeable surface.

Fire sprinklers
required:

Yes, if required for the
main dwelling unit
Yes, if required
for the main
dwelling unit
No Yes, if required
for the main
dwelling unit
E. Building standards.

1. ADUs and JADUs must be architecturally compatible with the primary dwelling, having similar materials, colors, and style of construction. The design and size of ADUs and JADUs shall conform to all applicable standards of the building, health, and other codes adopted by the City.

2. Attached ADUs and JADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).

3. Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the accessory dwelling unit as determined by the City Engineer.

The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water.

F. Connection, impact, and other fees.

1. Except as provided in Government Code Sections 65852.2 and 65852.22, ADUs and JADUs are subject to fees and assessments required by the Lemoore Municipal Code for new residential construction, including connection fees, and capacity charges. However, development impact fees shall not be assessed on ADUs or JADUs.

2. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

G. Permit approval. A permit must be obtained for the construction or installation of an ADU or JADU. An application, together with the required fee in compliance with the City’s fee schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to determine compliance with this section and ministerially approve a compliant application in accordance with (Gov. Code, 35852.2 subd. (a)(3) and (b)..

If the permit application to create an ADU or a JADU is submitted with a permit application to construct a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.

H. Cottage home program standards. This subsection provides locational and general standards for the cottage home program which is allowed in the applicable residential areas, subject to the following criteria and standards. This subsection does not supplant the remainder of this section for ADU and JADU construction.
31 1. Cottage home. A cottage home is a type of ADU where pre-approved building plans are made available by the City and the ADU is constructed in compliance with the provided plans and this subsection. A cottage home shall count towards the limit on the number of ADUs permitted on a single lot.

2. Zone districts. A cottage home is allowed in zones that allow an ADU.

3. Application procedures. Applications for the cottage home program shall be filed with the Community Development Department.

4. Developmental standards. A cottage home shall be constructed in compliance with the following developmental standards:
a. Only one cottage home unit shall be created on a single-family parcel. b. The cottage home shall be built using plans provided by the City. c. Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the cottage home unit as determined by the City Engineer. The cottage home can have either shared or separate services for electric, gas, sewer, and water.

J. Tiny house standards. A tiny home is a A tiny house may be approved for use as an accessory dwelling unit if the following requirements are met:

1. The tiny house meets all the requirements for an accessory dwelling unit.

2. The tiny house has at least 100 square feet of first floor interior living space and includes basic functional areas that support normal daily routines such as cooking, sleeping, and toiletry.

3. The tiny house is designed and built to look like a conventional building structure.

4. The tiny house is licensed and registered with the California Department of Motor Vehicles and meets ANSI 119.2 or 119.5 requirements.

5. The tiny house Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and cannot (nor is it designed to) move under its own power.

6. The tiny house is no larger than allowed by California State Law for movement on public highways.

7. No mechanical equipment is located on the roof of the movable tiny house.

8. When sited on a lot for more than 72 hours at a location visible from the public street, the tiny house shall have skirting that covers the wheels and undercarriage and that extends to ground level.

9. When sited on a lot for more than 72 hours, water and sewer connections shall be made permanent prior to occupancy. Shut-off valves, meters, and regulators shall not be located beneath the tiny house.
32 TABLE 9-5A-4A

DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS
Measurement/Zoning
District
Residential Zoning Districts

AR RVLD RLD RN RLMD RMD RHD
Site area per dwelling
unit, minimum (square
feet)1
No
minimum
15,000 6,000
5,000
3,000 3,000 2,500 1,700
Lot dimensions:

Lot size, minimum
(square feet)
40,000 15,000
10,000
7,000
5,000
3,000 3,000 2,000 2,000
Lot size, maximum
(square feet)
No
maximum
40,000 15,00
0 7,000 7,000 5,000 1 No
maximum
Lot width, minimum 10 150' 150'
100’
60'50’ 50' 60' 60' 60'
Lot depth, minimum 200' 150' 100' 90' 90' 80' 80'
Setbacks, minimum:

Front yard:

Generally 2,12 60' 40' 25’ 18' 15’ 15' 20'15’ 20'15’ 20'15’ To garage, front
facing
- - 20' 20' 20' 20' 20'
To garage, side load - - 15' - - - -
To porch - - 12' 12' 12' 12' -
Side yard:

Interior side 15' 10' 5' 4 5' 4 5' 10' 10'
Street side 12 25' 15' 15'10’ 15'10’ 15'10’ 15' 15'
Combined both sides - - 10' 10' 10' - -
Rear yard:

Generally 10' 4 10' 4 10' 4 10' 4 10' 10' 10'
To detached alley
loaded garage
5' 5' 5' 0' 0' 0' 0'
Abutting a street 11 20' 20' 20' 20' 20' - -
Separation between
buildings, minimum 7
10' 10' 10' 10' 10' 10' 10'
Height, maximum 40' 40' 35' 35' 35' 45' 60'
Notes:

1. Accessory dwelling units and junior accessory dwelling units are not counted when calculating site area per dwelling unit. Larger lot sizes may be permitted through site plan and architectural review for condominiums, townhomes, and similar attached developments.
33 2. Reserved. For single-family residential subdivisions, the front yard setback of adjacent homes shall have a minimum 2 foot stagger between adjacent lots. Reduced setbacks may be approved as part of a planned unit development overlay zoning district or master home plan approval as a way to provide varied setbacks.

3. For every 1 foot in additional height, an additional 1 foot in setback is required.

4. Additional 5 feet is required for each additional story.

5. Required setback is 10 feet when adjacent to any residential zoning district.

6. Required setback is 15 feet when adjacent to any residential or mixed use zoning district.

7. Separation requirements apply to buildings on the same site as well as separation between buildings on adjacent parcels.

8. Also see subsection 9-5D1-2E, "Special Landscape Requirements", of this chapter for corresponding minimum landscaping and pervious surface requirements.

9. Additional building height may be allowed through site plan and architectural review when additional height is necessary for mechanical equipment as part of an industrial operation.

10. For flag lots, the minimum width for the access corridor shall be 10 feet. The lot width shall be measured from the front property line as described in section 9-5A-3, "Setback Determination And Requirements", of this article.

11. See section 9-5B-7, "Urban-Rural Edge", of this chapter.

12. 15 foot landscape buffer required along arterial and collector streets in addition to minimum setback. These 2 standards are not cumulative and may overlap. See subsection 9-5D1-2E2, "Landscape Buffers Required Along Arterial And Collector Streets", of this chapter.
(Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016)

9-5C-3: DESIGN STANDARDS FOR RESIDENTIAL PROJECTS:

The standards contained in this section shall apply to new residential development, including single-family residential subdivisions, master home plans, and multi-family residential developments. These standards are intended to implement the design concepts described above.

2. Building Placement And Orientation: Create diverse residential streetscapes that facilitate interaction between residents and include homes and residential structures that orient to the street.
a. For single-family residential subdivisions, the front yard setback of adjacent homes shall have a minimum two foot (2') stagger between adjacent lots. ba. Multi-unit residential buildings (e.g., townhomes, condominiums, apartments) shall be designed with different building setbacks and facade variations when multiple buildings are provided.
cb. Orient home and building sites to take advantage of solar heating and opportunities for solar energy generation.
dc. Residential development adjacent to open space/parks and other public spaces shall maintain visual access from residential units and common buildings to provide "eyes on the street" surveillance opportunities.
ed. Buildings shall be designed with structural and spatial variety along the front facades to avoid monotonous appearance.
34 July 18 City Council Version

PROPOSED ZONING ORDINANCE TEXT AMENDMENTS
Clean Version
TABLE 9-2A-7-1
PLANNING PERMIT AND ENTITLEMENTS AND REVIEW AND APPEAL AUTHORITY1 Planning Permit Or
Entitlement
Notice/Hearing
Requirement
Authority
Planning
Director
Planning
Commission
City
Council
Administrative permits:

Zoning clearance (e.g.,
building permit, signs,
business license)
None Final Appeal Appeal
Temporary use permit None Final Appeal Appeal
Tree permit for trees on
private property
None Final Appeal Appeal
Reasonable
accommodation
None Final Appeal Appeal
Similar use
determination
None Final Appeal Appeal
Official zoning
interpretation
None Final Appeal Appeal
Minor home occupation
permit
None Final Appeal Appeal
Highway oriented sign
permit
None Final Appeal Appeal
Administrative use
permit
None Final Appeal Appeal
Minor deviation None Final Appeal Appeal
Sign program None Final Appeal Appeal
35 Site plan and
architectural review
None Final Appeal Appeal
Quasi-judicial permits
and entitlements:

Conditional use permit Public hearing Recommending Final Appeal 2 Major home occupation
permit
Public hearing Recommending Final Appeal
Variance Public hearing Recommending Final Appeal 2
Public convenience or
necessity
Public hearing Recommending Final Appeal 2
Legislative approvals:

A. Purpose: The purpose of site plan and architectural review is for the review of the design and layout of new development in the City to ensure that it is consistent with the regulations of this title, other relevant titles in the Lemoore Municipal Code, and all relevant City policies, requirements, and development standards that would apply to the project prior to the issuance of subsequent permits, such as discretionary actions required by the City Zoning Ordinance or City Subdivision Ordinance, improvement plans, and building permits. It is the intent that site plan and architectural review be a ministerial action limited to review of the project development project for conformance with City of Lemoore ordinances, policies, requirements, and development standards. (Ord. 2013-05, 2-6-2014)
B. Applicability: Site plan and architectural review shall be required prior to the issuance of any ministerial building permits or site improvement plans and prior to any discretionary action of corresponding development applications (e.g., conditional use permit, variance). Site plan and architectural review may serve as the preliminary application for housing development projects seeking vesting rights pursuant to SB 330, the Housing Crisis Act of 2019.

1. Review Required: Site plan and architectural review is required for all of the following activities:
a. New nonresidential or mixed-use developments;
b. Nonresidential building additions greater than 1,000 square feet; c. Conceptual plan for a mixed-use center as required by chapter 7, "Mixed Use Development Standards", of this title.
d. New multi-family residential developments of more than two units (e.g., apartments, condominiums, townhomes) (Ord. 2018-03, 5-15-2018)
e. The design and layout of new residential subdivisions as part of the tentative subdivision map process as provided in title 8, chapter 7, "Land Division", of the Municipal Code;
f. Demolition or exterior alterations and additions to nonresidential buildings that are more than seventy five (75) years old.

2. Exemptions: The following activities are specifically exempt from site plan and architectural review:
a. Single-family residential homes and duplexes on an existing lot; b. Additions to or the exterior remodels of single-family residential homes within normal setbacks;
c. Accessory structures consistent with the provisions of section 9-4D-18, "Residential Accessory Structures", of this title;
d. Changes to the exterior facade of existing buildings; e. Painting existing buildings in the DMX zoning districts with historic color palettes as described in subsection 9-6-4C, "Colors And Painting", of this title; 37 f. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure and that employ the same materials and design as the original construction;
g. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (including solar collectors); and h. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments.
i. Nonresidential building additions of 1,000 square feet of gross floor area or less.

C. Approval Authority: The designated approval authority for site plan and architectural design review shall be the Community Development Director.

D. Process: The applicant shall provide a completed application on a form provided by the City, a site plan and, if new non-residential buildings or multi-family dwellings are proposed, an elevation plan. No public hearing or notice is required for a site plan and architectural review.

Site plan and architectural review is a ministerial process conducted by City staff to determine compliance with existing City of Lemoore ordinances, policies, requirements, and development standards and is therefore exempt from the requirements of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15268.

E. Approval: A site plan and architectural review permit, or any modification thereto, shall be granted only when the designated approving authority finds that the proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, specific plan provisions, and policies and improvement standards adopted by the City, or that a general plan amendment or zoning amendment is going to be subsequently applied for by the developer. If the site plan submitted requires major changes before this finding can be made, the developer may be required to make changes and submit the site plan again.

F. Post approval Implementation: A site plan and architectural design review permit is ministerial in nature. As such, the Planning Director may not impose discretionary conditions on the issuance of the permit. If the proposed development project requires approval of a discretionary action after completion of the site and architectural design review process, conditions of approval can be placed on the discretionary approval (Ord. 2013-05, 2-6-2014) G. Appeals. If the applicant disagrees with the interpretation or application of a City ordinance, policy, requirement, or development standard, they may appeal the interpretation per procedures in Section 9-2A-7 and 9-2A-8.

2. Family Daycare Home, Large: A home that regularly provides care, protection, and supervision while the parents or guardians are away for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home. This description is consistent with section 1596.78 of the Health and Safety Code.

3. Family Daycare Home, Small: A home that regularly provides care, protection, and supervision while the parents or guardians are away for six (6) or fewer children, including children under the age of ten (10) years who reside at the home, or up to eight (8) children if the conditions of section 1597.44 of the Health and Safety Code are met. Per State law, small family daycare uses may not be regulated differently than single-family dwellings. This description is consistent with section 1596.78 of the Health and Safety Code.

ALLOWED USES AND REQUIRED ENTITLEMENTS FOR BASE ZONING DISTRICTS

P = Permitted by right N = Not permitted
A = Administrative use permit required C = Conditional use permit required

Caretaker housing C P P P P P P C N C C P P P P C C P P P Child daycare facility - family daycare home,
large 1

N A A A A A A N N N N A A A A N N N N N
Child daycare facility - family daycare home,
small

N P P P P P P N N N N P P P P N N N N N
Dwelling, multi-family N N N N P P P N N N N P 2 P P P P 27 N C N N Dwelling, accessory unit 3 P A P A P A P A P A P A P N N N N N A P A P N N N N N N Dwelling, single-family P P P P P P N N N N N N A P N N N N N N Dwelling, two-family N N A P P P N N N N N N P P N N N N N N Dwelling, additional, meeting provisions of
Government Code Section 66852.21

P P P P P N N N N N N N N P N N N N N N
Emergency shelter N N N N N N N N N N P N N N N N N N C N Employee housing, large P C N N N N N N P N N N N N N N N N N N Employee housing, small P P P P P P N N P N N N P P N N N N N N Gated residential community C C C C C C C N N N N N N N N N N N N N Group residential N N N N N P P N N N C P P P P N N N N N Guesthouse P P P P P P N N N N N N P P N N N N N N
Live-work facility 5 N N N N N N A N N N N A A A A A N N N N 40 Marijuana personal cultivation - personal
recreational and medicinal use 28
P 28 P 28 P 28 P 28 P 28 P 28 P 28 N N N N N N N N N N N N N Mobilehome park 6 N C C C C A A N N N N N N N N N N N N N Recreational vehicle park 24 N N N N N N N N N N N N N N N N C N C N Residential care facility 25 P P P P P P P N N N N N A P C C N N N N Residential care home N P P P P P P N N N N C P P P N N N N N Single room occupancy (SRO) facility N N N N N N P N N N N C C C N N N N N N Supportive housing P P P P P P P N N N N P P P P N N N N N Transitional housing P P P P P P P N N N N P P P P N N N N N Retail, service, and office uses:

Short-term rental unit P P P P P P P N N N N N P P N N N N N N Notes:
1 . See additional regulations for large family daycare homes in section 9-4D-7 of this chapter.

2. Only permitted on the first floor when located along an alley or side street; otherwise must be on an upper floor.

3. See additional regulations for accessory dwelling units in section 9-4D-12 of this chapter.