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HomeMy WebLinkAboutAgenda Report - December 7, 2022 I-07CITY OF r� • o z w CALIFORNIA AGENDA ITEM 41.47 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Ordinance No. 2011 Entitled, "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" 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. 2011. BACKGROUND INFORMATION: Ordinance No. 2011 entitled, "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," 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: FUNDING AVAILABLE Attachment Not applicable. Not applicable. Olivia Nashed (Nov28, 202212:25 PST) Olivia Nashed City Clerk APPROVEDftft -, Stephen Schwabauer, City Manager 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 ------------------------------------------------------------------------ ------------------------------------------------------------------------ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and re-enacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption The provisions set forth in the "2022 California Green Building Standard Code" is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly -constructed building or structure requiring a Building Permit in the City of Lodi. 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 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 Approved this 7th day of December, 2022 A�, U J, -a. -t- �__, �. " - - - MARK CHANDLER Mayor State of California County of San Joaquin, ss. I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2011 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. 2011 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: ICE D.fil AGDICH Cit tteney 2 OLIVIA NASHED City Clerk s DECLARATION OF POSTING 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 On Monday, December 12, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2011 (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. 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and re-enacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption The provisions set forth in the "2022 California Green Building Standard Code" is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly -constructed building or structure requiring a Building Permit in the City of Lodi. 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 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 Attest: MARK CHANDLER Mayor OLIVIA HASHED 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. 2011 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. 2011 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 2 OLIVIA NASHED City Clerk .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 I 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 KAYLEt CLAYTON ADMINISTRATIVE CLERK Emailed to the Sentinel at iegals@lodinews.com at (time) on (date) \\cvcfilv0l\administration$\Administrati6n\CLERK\Agenda\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. DECLARATION OF POSTING 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 On Thursday, November 17, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2011 (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 ordsummaries\aaDecPost.doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk Yi �.. �j I+ y' R ■ ORDINANCE NO. 2011,E n e 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and re-enacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption The provisions set forth in the "2022 California Green Building Standard Code" is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly -constructed building or structure requiring a Building Permit in the City of Lodi. 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 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 day of , 2022 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. 2011 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. 2011 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 2 OLIVIA NASHED City Clerk SUBJECT Please immediately confirm receipt o f this f ax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 2005 - 2013 PUBLISH DATE: SATURDAY, NOVEBER 19, 2022 1 1 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, NOVEMBER 17, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK r PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at : O (time) on I date) \\cvcfilv0l\administration$\Administration\CLERK\Agenda\City Council\Ord3ummaries\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. 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.