HomeMy WebLinkAboutAgenda Report - December 7, 2022 I-06CITY OF
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CALIFORNIA
AGENDA ITEM X_ 6)
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Ordinance No. 2010 Entitled, "An Ordinance of the Lodi City Council Adopting the
`2022 California Residential Building Code,' Thereby Repealing and Re -Enacting Lodi
Municipal Code Chapter 15.06 in Its Entirety"
MEETING DATE: December 7, 2022
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the
attached Ordinance No. 2010.
BACKGROUND INFORMATION: Ordinance No. 2010 entitled, "An Ordinance of the Lodi City Council
Adopting the `2022 California Residential Building Code,' Thereby
Repealing and Re -Enacting Lodi Municipal Code Chapter 15.06 in Its
Entirety," was introduced at the regular City Council meeting of November 16, 2022.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its
introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency
ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either
at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted
by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Attachment
APPROVED:
Olivia Nashed (Nov 28, 7022 12:25 PST)
Olivia Nashed
City Clerk
Stephen Schwabauer, City Manager
ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2022 CALIFORNIA RESIDENTIAL
BUILDING CODE," THEREBY REPEALING AND
RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.06 IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1, Lodi Municipal Code Chapter 15.06, "California Residential Building
Code," is hereby repealed and re-enacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06.010 Adoption.
15.06.020 CBC Chapter 1, Division II (Board of Appeals).
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation — Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2022 California Residential Code," including
Chapter 1, Division II, Appendix AH and AJ, Sections AJ 102, AJ104.1, AJ 105, AJ 105.7,
AJ105.8, AJ110.1only, Appendix AX thereto, are hereby adopted as the Residential
Building Code of the City of Lodi and copies of the same are maintained by the City
Building Official and available for review in the Community Development Department.
The Residential Code of the City of Lodi shall apply to all matters pertaining to the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings or
structures in the City of Lodi, California; the issuance of building permits and the
collection of fees therefore; and the enforcement of the rules and regulations as set forth
in said "2022 California Residential Code" and the above -designated appendixes
thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec. 112.1 - In order to determine the suitability of alternate materials and types
of construction and to provide for reasonable interpretations of this Chapter, the City
Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio
member and shall act as secretary of the Board. Three members present shall
constitute a quorum and no act of the Board shall be valid unless a majority of the full
Board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for
conducting a meeting and investigations and shall render a decision and findings in
duplicate. A copy will go to the Building Official with the other copy to the applicant.
15.06.030 CBC Chapter 1, Division 11 (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Section 108.3. The determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based of
the latest building valuation data as printed in the Building Safety Journal, published by
the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
Section 108.6 Work commenced before permit is issued. Any person who
commences work requiring a permit before obtaining the necessary permits shall be
subject to a fee established by the Building Official that shall be in addition to the
required permit fee
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City's Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City's most recent Residential Code.
15.06.060 Violation — Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions of this
Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to
comply with any of the mandatory requirements of this Chapter is guilty of
a misdemeanor punishable on conviction as set forth in Chapter 1.08 of
this Code. Each separate day or any portion of thereof, during which any
violation of this Chapter occurs or continues, shall be deemed to
constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.06.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
2
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
Approved this 7th day of December, 2022
lk" oe
Attest: MARK CHANDLER, Mayor
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 2010 was introduced at a regular meeting of the City Council of the City of Lodi held
November 16, 2022, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held December 7, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 2010 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form.
J IC MAGDICH
t�rAt orney
OLIVIA NASHED
City Clerk
3
s
•�b.� DECLARATION OF POSTING
a
ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2019 CALIFORNIA
RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY
On Monday, December 12, 2022, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 2010 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 12, 2022, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ordsummaries\aaDecPost. doc
ORDERED BY:
OLIVIA NASHED
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2022 CALIFORNIA RESIDENTIAL
BUILDING CODE," THEREBY REPEALING AND
RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.06 IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building
Code," is hereby repealed and re-enacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06.010 Adoption.
15.06.020 CBC Chapter 1, Division II (Board of Appeals).
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation — Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2022 California Residential Code," including
Chapter 1, Division II, Appendix AH and AJ, Sections AJ 102, AJ104.1, AJ 105, AJ 105.7,
AJ105.8, AJ110.1only, Appendix AX thereto, are hereby adopted as the Residential
Building Code of the City of Lodi and copies of the same are maintained by the City
Building Official and available for review in the Community Development Department.
The Residential Code of the City of Lodi shall apply to all matters pertaining to the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings or
structures in the City of Lodi, California; the issuance of building permits and the
collection of fees therefore; and the enforcement of the rules and regulations as set forth
in said "2022 California Residential Code" and the above -designated appendixes
thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec. 112.1 - In order to determine the suitability of alternate materials and types
of construction and to provide for reasonable interpretations of this Chapter, the City
Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio
member and shall act as secretary of the Board. Three members present shall
constitute a quorum and no act of the Board shall be valid unless a majority of the full
Board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for
conducting a meeting and investigations and shall render a decision and findings in
duplicate. A copy will go to the Building Official with the other copy to the applicant.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Section 108.3. The determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based of
the latest building valuation data as printed in the Building Safety Journal, published by
the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
Section108.6 Work commenced before permit is
commences work requiring a permit before obtaining the
subject to a fee established by the Building Official that
required permit fee
15.06.040 Fee Schedule
issued. Any person who
necessary permits shall be
shall be in addition to the
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City's Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City's most recent Residential Code.
15.06.060 Violation = Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions of this
Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to
comply with any of the mandatory requirements of this Chapter is guilty of
a misdemeanor punishable on conviction as set forth in Chapter 1.08 of
this Code. Each separate day or any portion of thereof, during which any
violation of this Chapter occurs or continues, shall be deemed to
constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.06.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
I
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
Attest:
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
Approved this 7th day of December, 2022
MARK CHANDLER, Mayor
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 2010 was introduced at a regular meeting of the City Council of the City of Lodi held
November 16, 2022, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held December 7, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 2010 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form.
JANICE D. MAGDICH
City Attorney
OLIVIA NASHED
City Clerk
3
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Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NO. 2005 - 2013
PUBLISH DATE: SATURDAY, DECEMBER 10, 2022
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, DECEMBER 8, 2022
ORDERED BY: OLIVIA NASHED
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLE CAYTON���
ADMINISTRATIVE CLERK
SEND PROOF OFADVERTISEMENT. TIIANK YOU!!
Emailed to the Sentinel at legals@lodinews.com at (time) on (date)
\\cvcfilv0l\administration$VAdministrati6n\CLERKWgenda\City Council\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 2005
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY.
ORDINANCE NO. 2006
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
EXISTING BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL
CODE CHAPTER 15.02 IN ITS ENTIRETY.
ORDINANCE NO. 2007
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.08 IN ITS ENTIRETY.
ORDINANCE NO. 2008
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.16 IN ITS ENTIRETY.
ORDINANCE NO. 2009
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.12 IN ITS ENTIRETY.
ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY.
ORDINANCE NO. 2011
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA GREEN
BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY.
ORDINANCE NO. 2012
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA FIRE
CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER
15.20 IN ITS ENTIRETY.
The purpose of these ordinances is to update the following codes to be consistent with State law:
California Building Code, California Existing Building Code, Mechanical Code, Electrical Code,
Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced
November 16, 2022. Adopted December 7, 2022 and effective January 6, 2023. AYES: Hothi,
Khan, Kuehne, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None.
ORDINANCE NO. 2013
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL
DEVELOPMENT STANDARDS," CHAPTER 17.36, "STANDARDS FOR SPECIFIC LAND
USES," BY ADDING SECTION 17.36.160, "TWO UNIT URBAN RESIDENTIAL
DEVELOPMENT," AND ARTICLE 5, "SUBDIVISIONS," BY ADDING CHAPTER 17.55,
"URBAN LOT SPLIT," AND REPEAL AND REENACT ARTICLE 7, "DEFINITIONS," TO ADD
DEFINITIONS OF "ACTING IN CONCERT WITH," "CAR SHARE," "TENANT," AND "TWO
UNIT URBAN RESIDENTIAL DEVELOPMENT". The purpose of this ordinance is to
incorporate the required State law and address local concerns in relation to Senate Bill 9.
Introduced November 16, 2022. Adopted December 7, 2022 and effective January 6, 2023,
AYES: Hothi, Khan, Nakanishi, and Mayor Chandler; NOES: Kuehne; ABSENT: None.
Olivia Nashed, City Clerk
City of Lodi
December 7, 2022
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
A: .
DECLARATION OF POSTING
ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2019 CALIFORNIA
RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY
On Thursday, November 17, 2022, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 2010 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 17, 2022, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ords um maries\aaDeePost. doc
ORDERED BY:
OLIVIA NASHED
CITY CLERK
Kaylee Clayton
Administrative Clerk
EEORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2022 CALIFORNIA RESIDENTIAL
BUILDING CODE," THEREBY REPEALING AND
RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.06 IN ITS ENTIRETY
-------------------------------------------------------------------
-------------------------------------------------------------------
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.06, "California Residential Building
Code," is hereby repealed and re-enacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06 010 Adoption.
15.06.020 CBC Chapter 1, Division II (Board of Appeals).
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation — Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2022 California Residential Code," including
Chapter 1, Division II, Appendix AH and AJ, Sections AJ102, AJ104.1, AJ105, AJ105.7,
AJ105.8, AJ110.1only, Appendix AX thereto, are hereby adopted as the Residential
Building Code of the City of Lodi and copies of the same are maintained by the City
Building Official and available for review in the Community Development Department.
The Residential Code of the City of Lodi shall apply to all matters pertaining to the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings or
structures in the City of Lodi, California; the issuance of building permits and the
collection of fees therefore; and the enforcement of the rules and regulations as set forth
in said "2022 California Residential Code" and the above -designated appendixes
thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec.112.1 - In order to determine the suitability of alternate materials and types
of construction and to provide for reasonable interpretations of this Chapter, the City
Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio
member and shall act as secretary of the Board. Three members present shall
constitute a quorum and no act of the Board shall be valid unless a majority of the full
Board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for
conducting a meeting and investigations and shall render a decision and findings in
duplicate. A copy will go to the Building Official with the other copy to the applicant.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Section 108.3. The determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based of
the latest building valuation data as printed in the Building Safety Journal, published by
the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
Section 108.6 Work commenced before permit is issued. Any person who
commences work requiring a permit before obtaining the necessary permits shall be
subject to a fee established by the Building Official that shall be in addition to the
required permit fee
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%
2. Subsequent plans: 25% of building permit fee.
3. City's Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City's most recent Residential Code.
15.06.060 Violation — Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions of this
Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to
comply with any of the mandatory requirements of this Chapter is guilty of
a misdemeanor punishable on conviction as set forth in Chapter 1.08 of
this Code. Each separate day or any portion of thereof, during which any
violation of this Chapter occurs or continues, shall be deemed to
constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.06.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
2
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist,
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
Attest
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
Approved this day of , 2022
MARK CHANDLER, Mayor
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 2010 was introduced at a regular meeting of the City Council of the City of Lodi held
November 16, 2022, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held , 2022 by the following vote
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 2010 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form
JANICE D. MAGDICH
City Attorney
OLIVIA NASHED
City Clerk
3
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O, BOX 3006
LODI, CALIFORNIA 95241-1910
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SUBJECT: SUMMARY OF ORDINANCE NO. 2005 - 2013
UBLISH DATE: SATURDAY, NOVEBER 19, 2022
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SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, NOVEMBER 17, 2022
ORDERED BY: OLIVIA NASHED
CITY CLERK
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PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
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CITY OF LODI
ORDINANCE NO. 2005
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY.
ORDINANCE NO. 2006
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
EXISTING BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL
CODE CHAPTER 15.02 IN ITS ENTIRETY.
ORDINANCE NO. 2007
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.08 IN ITS ENTIRETY.
ORDINANCE NO. 2008
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.16 IN ITS ENTIRETY.
ORDINANCE NO. 2009
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.12 IN ITS ENTIRETY.
ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA
RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY.
ORDINANCE NO. 2011
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA GREEN
BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY.
ORDINANCE NO. 2012
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2022 CALIFORNIA FIRE
CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER
15.20 IN ITS ENTIRETY.
The purpose of these ordinances is to update the following codes to be consistent with State law:
California Building Code, California Existing Building Code, Mechanical Code, Electrical Code,
Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced
November 16, 2022. Adoption to be considered December 7. 2022. AYES: Hothi, Khan, Kuehne,
Nakanishi and Mayor Chandler; NOES: None; ABSENT: None.
ORDINANCE NO. 2013
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL
DEVELOPMENT STANDARDS," CHAPTER 17.36, "STANDARDS FOR SPECIFIC LAND
USES," BY ADDING SECTION 17.36.160, "TWO UNIT URBAN RESIDENTIAL
DEVELOPMENT," AND ARTICLE 5, "SUBDIVISIONS," BY ADDING CHAPTER 17.55,
"URBAN LOT SPLIT," AND REPEAL AND REENACT ARTICLE 7, "DEFINITIONS," TO ADD
DEFINITIONS OF "ACTING IN CONCERT WITH," "CAR SHARE," "TENANT," AND "TWO
UNIT URBAN RESIDENTIAL DEVELOPMENT". The purpose of this ordinance is to
incorporate the required State law and address local concerns in relation to Senate Bill 9.
Introduced November 16, 2022. Adoption to be considered December 7 2022. AYES: Hothi,
Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None.
Olivia Nashed, City Clerk
City of Lodi
November 16, 2022
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.