Agenda — Lodi City Council, November 16, 2022 (part 2 of 3)

With this proposed change, the revised LEU Reserve Policy would be as follows:

Proposed LEU Reserve Policy:

Fund Designation Basis FY 2023
Operating Reserve 90 days cash on hand $ 22,261,410
NCPA General Operating
Reserve
Identified by NCPA plus allowance for
unanticipated studies

$ 3,588,920
Total Target $ 25,850,330

Please note the actual amounts listed are reflective of Fiscal Year 2023. While the amounts will change annually based on each year’s budget and approved by the ROC, the formula will remain the same until such time as Council approves future revisions.

As of October 31, 2022, LEU had total unrestricted cash reserves of approximately $37.8 million, including General Operating Reserves held at Northern California Power Agency. Based on the proposed formula, LEU is meeting over 140 percent of the proposed reserve target. By the end of Fiscal Year 2023, LEU is projected to meet over 120 percent of the proposed target. It is important to note that LEU funds its capital improvement and maintenance activities with cash reserves and has over $20 million programmed for such efforts over the next 5 years as identified in the City’s 5- Year Capital Improvement Plan.

The ROC received a report and recommended approval of the proposed, revised LEU Reserve Policy at its October 27, 2022 meeting. At this same meeting, the ROC also approved the Fiscal Year 2022/23 reserve target amount of $25,850,330.

FISCAL IMPACT: The funding needed to meet the revised Policy will be evaluated each year as part of LEU’s annual review and update of its financial forecast.

FUNDING AVAILABLE: Not applicable.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Jeff Berkheimer
Electric Utility Director
RESOLUTION NO 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPROVING REVISED LODI ELECTRIC UTILITY RESERVE POLICY

WHEREAS, the Lodi Electric Utility (LEU) Reserve Policy requires an assessment of the targets identified with a report to the City Council every three years and the last review was completed in March 2021; and

WHEREAS, since 2011, the formula for establishing the LEU R eserve Policy has remained unchanged and the actual dollar amounts have been reviewed and updated each year by the Risk Oversight Committee (ROC) in accordance with the approved annual budget; and

WHEREAS, the approved formula for those targets, as well as the specific target for Fiscal Year 2022/23, are as follows:

Fund Designation Basis FY 2023
Operating Reserve 90 days cash on hand $ 22,261,410
Capital Reserve Largest distribution system
contingency

$ 1,000,000
NCPA General Operating
Reserve
Identified by NCPA plus
allowance for unanticipated
studies

$ 3,588,920
Total Target $ 26,850,330

WHEREAS, while a formal review of the LEU Reserve Policy is not required until 2024, LEU staff are recommending a revision to better align with current trends in the energy markets, specifically as it relates to the acquisition of electrical equipment; and

WHEREAS, currently, the LEU Reserve Policy includes a Capital Reserve component which is intended to set aside funds in the event of a catastrophic failure of a substation transformer; and

WHEREAS, with supply chain challenges and increasing lead times to procure and receive equipment like transformers, staff are proposing to remove the Capital Reserve component from the LEU Reserve Policy and instead move forward to purchase a spare transformer to ensure equipment is available and on hand should a catastrophic failure occur ; and

WHEREAS, at its October 27, 2022 meeting, the ROC recommended approval of a revised LEU Reserve Policy as noted below and approved the Fiscal Year 2022/23 reserve target amount of $25,850,330.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the revised LEU Reserve Policy formula as follows with the annual dollar targets to be updated by the ROC each year:

Fund Designation Basis FY 2023
Operating Reserve 90 days cash on hand $ 22,261,410
NCPA General Operating
Reserve
Identified by NCPA plus
allowance for unanticipated
studies

$ 3,588,920
Total Target $25,850,330

Dated: November 16, 2022

I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on November 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2022-____
AGENDA ITEM C-19

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Matthew Gobel to the Greater Lodi Area Youth Commission M
EETING DATE: November 16, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Appoint Matthew Gobel to the Greater Lodi Area Youth Commission.

B
ACKGROUND INFORMATION: The City Council directed the City Clerk to post for vacancies on the Greater Lodi Area Youth Commission on March 16 and May 18, 2022.

The Mayor reviewed the applications, conducted interviews, and recommends the City Council concur with the appointment as detailed below.

APPOINTMENT:

Greater Lodi Area Youth Commission
Matthew Gobel Term to expire May 31, 2023
F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________

Olivia Nashed
City Clerk
AGENDA ITEM G-01

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Public Hearing to Consider Adoption of the 2022 California Building Code, California Existing Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code
MEETING DATE: November 16, 2022
PREPARED BY: Community Development Director and Fire Chief RECOMMENDED ACTION: Public Hearing to Consider Adoption of the 2022 California Building Code, California Existing Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code , and Fire Code.

BACKGROUND INFORMATION: Pursuant to Health and Safety Code Section 18938, the California Building Standards Commissio n has selected January 1, 202 3, as the effective date for the 2022 California Building Code, 20 22 California Existing Building Code, 20 22 California Mechanical Code, 20 22 California Electrical Code, 20 22 California Plumbing Code, 2022 California Residenti al Code, 20 22 California Fire Code , and 20 22 California Green Building Standard Code.

Every three years, Building/Construction and Fire Codes are amended by the State to include provisions of the most recent version. The State of California Building Standards Commission adopts new State standards, which cities and counties are therefore mandated to adopt. If codes with amendments are not adopted locally by January 1, 2023, then cities are required to follow State codes only. The need for the new ordinances is to adopt specific appendixes and/or administration provisions not adopted by the State. An example of this is:
• Administration Chapter I, Division II has been amended to have the City Council sit as the board of appeals for alternate materials and types of construction versus a separate appointed board of appeals; and
• Appendix J will be adopted to assist staff and design professionals with clear direction for construction design guidelines for grading, excavation, and earthwork.

The major changes in this code cycle are in the California Building Code, California Energy Code, and California Green Building Standard Code. These changes will have some benefits and restrictions compared to the existing Codes. Some of the changes in the building codes are as follows:

California Residential Code Changes:

R327 Aging-in-place design and fall prevention Added to address specific aging -in-place design elements in new residential construction to facilitate access to operational features and to allow people to stay longer in their homes as they age.

PH Building Code Ordinance
November 16, 2022

Page 2 of 2 ends

California Building Code Changes:

105.5.1 [Permit] Expiration. New section changed permit expiration from 180 days to 12 months.

Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned.

California Fire Code Changes:

105.6.53 Lithium batteries
Amendment to require an operational permit for an accumulation of more than 15 cubic feet of lithium- ion and lithium metal batteries and storage shall comply with new amendments in CFC Section 322.

The code is attempting to keep pace with the ever-changing battery technology and the Energy Storage Systems (ESS). This is evident in the number of changes to Chapter 12 – Energy Systems.

Chapter 12 – Energy Systems:

Section 1207.11.7 through 1207.7.3
Amendments regarding specific appliances, ESS equipment, and devices that need protection from impact in a clearly defined area in residential garages and carports.

Figure 1207.11.7.1 New Illustration
Added to illustrate the zones in which a typical residential garage ESS installation would trigger the need for impact protection, following prescriptive barrier, and post designs.

We have tried to notify all affected parties by publication in the Lodi News-Sentinel, e-mail notification, notices provided at the front counter, and the Community Development newsletter. Informational handouts are currently being revised to reflect the new code requirements. These handouts will be available at the Building & Safety kiosk and on the City web page on or before January 1, 2023.

Staff’s recommendation is to approve the 202 2 codes as amended. The Ordinances have been presented in highlight format to more easily identify the changes to aid in review.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

________________________________________
John R. Della Monica, Jr.

Community Development Director

________________________________________
Ken Johnson
Fire Chief

1 ORDINANCE NO.

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 CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS:

Section 1. Lodi Municipal Code Chapter 15.20, “California Fire Code,” is hereby repealed in its entirety and re-enacted to read as follows:

CHAPTER 15.20

FIRE CODE
Section:

15.20.010 Adoption

15.20.020 Enforcement

15.20.030 Definitions

15.20.040 Findings and Filings

15.20.050 Open Burning, Recreational Fires and Portable Outdoor Fireplaces

15.20.065 Sky Lanterns

15.20.070 Misc. Combustible Material Storage - Pallets, Palletized Packing Boxes, and Bin Boxes

15.20.080 Fire Apparatus Access Roads - Dimensions

15.20.090 Fire Apparatus Access Roads - Surfaces

15.20.100 Premises Identification

15.20.110 Key Boxes - Hazardous Materials Management Plan Box

15.20.120 Emergency Responder Radio Coverage - Public Safety Radio Building Amplification System

15.20.130 Fuel - Fired Appliances Gas Meters - Gas Service Identification

15.20.140 Electrical Equipment Wiring and Hazards - Electrical Disconnect

15.20.150 Fire Protection Systems - System Maintenance

15.20.160 Automatic Sprinkler Systems

15.20.170 Sprinkler Coverage Identification

15.20.180 Fire Control Room

15.20.190 Fire Alarm and Detection System Certification

15.20.200 Precautions Against Fire - Opening Burning Construction Sites

15.20.210 Tire Rebuilding and Tire Storage - Inside Tire Storage

15.20.220 Explosives and Fireworks - Seizure of Fireworks

15.20.230 Explosives and Fireworks - Limits Explosive and Blasting Agents

15.20.240 Explosives and Fireworks - Manufacturing of Fireworks

15.20.250 Storage - Locations Where Aboveground Tanks are Prohibited Class I & II Liquids

15.20.260 General Authority - Contract Inspector

15.20.270 General Authority - Fire investigators

15.20.280 Permits - Required Fees

15.20.290 Permits - Inspection Authorized

15.20.300 Permits - Revocation

15.20.310 Permits - Required

15.20.320 Inspections - Administrative Costs

15.20.325 Board of Appeals
2 15.20.330 Violations - Administrative Enforcement Provisions

15.20.340 Violations - Abatement of Hazard by Fire Code Official

15.20.350 Unsafe Building - Structural fires

15.20.360 Stop Work Order - Failure to comply

15.20.370 Fire Hydrants - Location and Distribution, Distribution of fire hydrants

15.20.380 Changes or modifications

15.20.010 Adoption

The provisions set forth in the California Fire Code (2022 Edition), including Chapters 1, Division II, Chapter 11 in its entirety and Chapter 4. Appendix B, BB, C, CC, D, E, F, G, H, I, K, N and O with the exception of Section 103.2 (published by the International Code Council), a re hereby adopted as the Fire 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, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the iss uance of permits and collection of fees therefore; and the enforcement of the rules, regulations, penalties, conditions and terms of the Fire Code of the City of Lodi, are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes as prescribed in this ordinance.

15.20.020 Enforcement

Peace officers and persons employed in positions authorized to exercise the authority provided in California Penal Code Section 836.5 a re authorized to issue citations for violation of this Chapter. The following designated employee positions may enforce the provisions of this Chapter by issuance of citations: the City Manager or his/her duly authorized representative, the Fire Chief, th e Fire Marshal , Fire Inspectors , and all sworn members of the City’s fire department.

15.20.030 Definitions

a) Whenever the words “International Fire Code” are used in this Chapter, it shall mean the California Fire Code (2022 Edition), Title 24, California Code of Regulations, Part 9.

b) Whenever the words “California Fire Code” are used in this Chapter, it shall mean the California Fire Code ( 2022 Edition), Title 24, California Code of Regulations, Part 9 , as adopted.

c) Whenever the word “municipali ty” is used in the California Fire Code (2022 Edition), it shall mean the City of Lodi.

d) Whenever the words “Chief” or “Fire Code Official” is used in the California Fire Code (2022 Edition), they shall mean the Fire Chief for the City of Lodi or his/her designated representative.

3 15.20.040 Findings and Filings

The findings of fact required in accordance with Health and S afety Code Section 17958.5 are set forth in Section 15.20.380 of this Chapter and are filed separately with the California Building Standards Commission and Lodi City Clerk’s Office.

15.20.050 Open burning, Recreational Fires and Portable Outdoor Fireplaces

Section 307.1 of the California Fire Code is hereby amended to read as follows:

A person shall not kindle or authorize to be kindled or maintain any outdoor burning within the limits of the City of Lodi, except that this section shall not prohibit those fires that are approved by the Fire Code Official for the following purposes:

a. The prevention of a fire hazard that cannot be evaded by any other means.

b. The instruction of public employees in the methods of fighting fire.

c. The instruction of employees in the methods of fighting fire, when such fire is set, pursuant to permit, on property used for industrial purposes.

d. The setting of backfires necessary to save life or valuable property pursuant to Section 4462 of the Public Resource Code.

e. The abatement of fire hazards pursuant to Section 13055 of the Health and Safety Code.

f. Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning.

Nothing in this section shall be construed as prohibiting open outdoor fires used only for cooking food for human consumption where such use is accomplished in an approved fireplace or barbecue pit, or for recreational purposes in areas approved by the Fire Code Official, provided that the combustible is clear dry wood or charcoal and it is a permissive burn day. Approval shall be in accordance with Sections 307.1.1 – 307.5 of the California Fire Code.

15.20.65 Sky Lanterns

Section 308.1.6.3 of the California Fire Code is hereby amended to add the following:

No person shall release or cause to be released an untethered sky lantern.

Sky Lantern. An unmanned device with a fuel source that incorporates an open flame in order to make the device airborne.

15.20.070 Miscellaneous Combustible Materials Storage - Pallets, Palletized Packing Boxes and Bin Boxes

Section 315 of the California Fire Code is hereby amended to add the following:

A permit shall be requi red to store pallets, palletized packing boxes , or bin boxes in excess of 30,000 board feet, in accordance with the following restrictions. 4 Pallets, palletized packing boxes , and bin boxes shall be piled with due regard to stability of piles and in no case higher than 12 feet. Where pallets are piled next to a property line, the distance from the property line shall not be less than 10 feet from the property line.

Exception: Bin boxes may be stacked to a maximum height of 20 feet.

Driveways between and around pallets, bin boxes , and palletized packin g boxes shall be a minimum of 20 feet wide and maintained free from accumulations of rubbish, weeds, machinery or other articles that would block access or a dd to the fire hazard. Driveways shall be spaced so a maximum grid of storage complies with Tables 315.7.6(3) and 315.7.6(4)

Pallets, palletized packing boxes, and bin boxes, operating under a permit, shall be enclosed by a suitable fence of at least 6 feet in height, unless storage is in a building.

An approved water supply and /or fire hydrants capable of supplying the required fire flow shall be provided to the premises within all portions of the storage areas in acco rdance with Section 507, California Fire Code and Lodi Municipal Code 15.20.370.

For permitting purposes one pallet will be calculated as having 25 board feet and palletized packing boxes and bin boxes will be calculated based on average board feet per box.

15.20.080 Fire Apparatus Access Roads - Dimensions

Section 503.2. 1 and Appendix D of the California Fire Code is hereby amended to read as follows:

Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of s houlders, except for approved security gates in accordance with Section 503.6 of the California Fire Code and an unobstructed vertical clearance of not less than 13 feet 6 inches.

15.20.090 Fire Apparatus Access Roads - Surfaces

Section 503.2.3 of the California Fire Code is hereby amended to read as follows:

Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall provide a permanent surface of asphalt or concrete installed the full width of all streets, cul -de-sacs, and fire lanes. In the event a temporary fire access road is necessary to comply with Section 503.1.1 of the California Fire Code, the surface shall be an engineered aggregate based surface that will support the imposed loads of f ire apparatus while maintaining its structural integrity with the introduction of rain or fire-flow runoff.

15.20.100 Premises Identification

Section 505.1 of the California Fire Code is hereby amended to read as follows:

A. Address Identification

New a nd existing buildings shall have approved address numbers, building numbers , or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background.

Address numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. 5 The approved minimum size dimensions of the numbers shall be as specified by Table 1.

Where a building is set back from the street or road fronting the property and where addresses may not be clearly identifiable due to distance from the street or roadway, landscape and architectural appendages, or other obstructions, address posting shall be required both at the street driveway serving such building and on the building.

Table 1
Distance to Building address Size
measured from back of walk. Height

25 Feet 4 inches
26-40 Feet 6 inches
41-55 Feet 9 inches
Over 55 Feet 12 inches

B. Address Identification – Rear

Any business or apartment building which affords vehicular access to the rear through a driveway, alley way, or parking lot shall also display approved identification or address numbers on the rear of the building for such business or apartment building in a location approved by the Fire Code Official.

C. Address Identification - Multiple Dwelling Units

An approved diagram of the premises , which clearly indicates all individual addresses of each unit in the comple x, shall be erected at the entrance driveways to every multiple dwelling complex having more than one building on the premises or when required by the Fire Code Official.

In addition, the Fire Code Official may require that individual buildings on the pre mises be identified in an approved manner.

D. Address Identification - Multiple Buildings

An approved identification of multiple buildings within an industrial complex shall be required which clearly indicates each individual building in the complex. I dentification shall be placed on each building in a size and location , when required by the Fire Code Official, and be visible for responding emergency personnel in an approved manner.

E. Address Identification - Illumination

Addressing shall be illum inated at night in all new buildings. Signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot -candles. Internally illuminated signs sh all provide equivalent luminance.

15.20.110 Key Boxes - Hazardous Materials Management Plan Box

Section 506 of the California Fire Code is hereby amended to add the following:

When a business which handles hazardous materials is required to complete a H azardous Materials Management Plan (HMMP), the Fire Code Official may require the installation of a 6 secured box at the primary facility entrance or the fire control room, which contains a copy of the Hazardous Materials Management Plan. This box shall be w aterproof and capable of holding the document in a rolled condition without folding. Other characteristics of the box shall be approved by the Fire Code Official.

Businesses which handle acutely hazardous material as defined in Section 25532 of the Healt h and Safety Code shall install a Hazardous Material Management Plan Box in accordance with this section.

15.20.120 Emergency Responder Radio Coverage - Public Safety Radio Bu ilding Amplification System

Section 510 (Emergency Responder Radio Coverage ) of the California Fire Code is hereby amended to add the following:

A. Requirement for Approved Emergency Responder Radio Coverage in Buildings.

All buildings shall have approved indoor radio coverage for emergency responders. Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than 20 percent to, any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for the City of Lodi radio communications system. Determining the existence of approved radio coverage and the correction of any deficiencies shall be the responsibility of the building owner. Existing buildings, buildings of one or two single family dwellings, or those belo w minimum areas as determined by the fire code official may be exempted from this requirement by the Fire Code Official.

B. Approved Radio Coverage

Approved radio coverage shall conf orm to the current standards of the Lodi Fire Department.

These standards shall define the acceptable indoor signal levels to provide 90% reliability of the Lodi Public Safety Radio System inside structures. The fire code official may determine exceptions and additions to these standards as required to protect the integrit y of the public safety radio system and provide acceptable signal levels in structures critical to public health and safety.

C. Indoor Public Safety Radio Enhancement Systems

If required by this code, any indoor pubic safety radio enhancement system m ust comply with current standards set by the Lodi Fire Department, and the regulations of the Federal Communications Commission. Systems shall be inspected, maintained, and modified as necessary to provide approved emergency responder radio coverage. If cha nges in FCC regulations or modifications to the Lodi Public Safety Radio System require modifications to a public safety radio enhancement system, the building owner , at his/her own expense, shall make necessary changes to conform to the existing standard.

15.20.130 Fuel-Fired Appliances - Gas Meters, Gas Service Identification

Section 509.1.1 of the California Fire Code is hereby amended to add the following:

7 All buildings providing natural gas service through more than one (1) service meter or th rough multiple service connections shall have individual gas shutoffs identified in a manner approved by the Fire Chief indicating areas or units served.

15.20.140 Electrical Equipment, Wiring and Hazards - Electrical Disconnect

Section 509.2 of the California Fire Code is hereby amended to add the following:

All buildings constructed after July 1, 2005, shall have main electrical shut off accessible to the exterior of the structure. This may be accomplished by placing the shut off on the building exterior, an electrical room with a door leading directly to the exterior or a remote electrical (shunt) switch on the building exterior. Breakaway locks are allowable for security.

15.20.150 Fire Protection Systems- System Maintenance

Section 901.7 of the California Fire Code is hereby amended to add the following:

All individuals or companies installing, repairing, testing, servicing , or maintaining sprinkler systems, fire hydrant systems, standpipes, fire alarm systems, portable fire extinguishe rs, smoke and heat ventilators, smoke -removal systems, and other fire protection or extinguishing systems or appliances shall be a fire protection contractor or contractor licensed for said work by the State of California or have the appropriate license required by the California State Fire Marshal's Office or both.

The authority having jurisdiction shall be notified immediately when a fire protection or detection system or portion thereof is found inoperable.

The authority having jurisdiction shall be notified in writing within 72 hours by the person performing repairs, testing, or maintenance when a fire protection or detection system is not in compliance with applicable codes.

When changes involve shutting off water for a considerable number of sprinklers fo r more than 4 hours, temporary water supply connections shall be made to sprinkler systems so that reasonable protection can be maintained. Protection shall be restored each night . The Fire Code Official may require a fire watch while any system is inoperative.

When shorts, failures, or other interruptions of service occur within a building's fire alarm system that connects to an approved alarm service provider's Type A (listed) Central Station or is a local alarm only, the Fire Code Official may require the system to be disconnected or shunt out the private fire alarm system and/or circuit. When shorts, failures, or other interruption of service occur within a building's fire alarm system that connects to an approved alarm service provider's Type A (list ed) Central Station, the Fire Code Official may require the system to be repaired and written notification to be provided to the Fire Code Official before he or she responds to alarms generated by the system.

Where alarm system(s) are wholly or partiall y out of service for more than 8 hours, the alarm company having responsibility shall notify the fire dispatch center.

15.20.160 Automatic Sprinkler Systems

Section 903 of the California Fire Code is hereby amended to add the following:

8 In addition to t he requirements specified in Section 903 of the California Fire Code , an automatic sprinkler system shall be installed throughout and maintained in an operable condition regardless of the installation of area separation walls in the following buildings:

(1) Every building hereafter constructed in which the total floor area is 6,000 square feet or more.

(2) Every building hereafter constructed of three or more s tories as defined in the California Building Code.

(3) Every building hereafter in which t he square footage existing as of September 1, 1997, is increased by 50% or the total square footage of the building exceeds 6,000 square feet.

15.20.170 Sprinkler Coverage Identification

Section 903 of the California Fire Code is hereby amended to add the following:

When required by the Fire Code Official, approved signs shall identify the building(s) or portions of building(s) served by a fire department connection and/or riser.

15.20.180 Fire Control Room

Section 903 of the California Fire Code is hereby amended to add the following:

An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Existing buildings installing automatic fire extinguishing system shall have a fire control room added unless approved by the Fire Code Official or his/her designee for good cause. Fire control room shall contain all system control valves, fire alarm control panels , and other fire equipment required by the Fire Code Official. Fire control rooms shall be located within the building at a location approved by the Fire Code Official and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room.

EXCEPTION: Group R, Division 3 occupancies.

15.20.190 Fire Alarm and Detection Systems - Certification

Section 907.8.2 of the California Fire Code is hereby amended to add the following:

The permittee shall provide a serially numbered ce rtificate from an approved nationally recognized testing laboratory for all required fire alarm systems indicating that the system has been installed in accordance with the approved plans and specifications and meets National Fire Protection Association Standards. Certification shall be required for all new systems to be installed after July 1, 2003. All existing systems must obtain certification in a timely manner, as approved by the Fire Code Official. A copy of the certification shall be provided to the Fire Code Official at no cost.

15.20.200 Precautions Against Fire - Open Burning Construction Sites

Section 3305.3 of the California Fire Code is hereby amended to add the following:

9 No fire shall be permitted to burn on any construction site f or any purpose. This section is not intended to prohibit the use of devices or tools producing a flame when used in an approved manner and necessary for the construction of the building.

15.20.210 Tire Rebuilding and Tire Storage - Indoor Tire Storage

Chapter 34 (Tire Rebuilding and Tire Storage) 3409.1 of the California Fire Code are hereby amended to add the following:

Inside tire storage shall be in accordance with the following requirements.

Tires stored on side walls shall not be higher than six feet. Tires stored in a lace pattern shall not be higher than 5 feet. A minimum of 3 feet of clearance from tire storage racks shall be maintained in all directions to roof structure, sprinkler deflectors, unit heaters, supply and return air duct register s, lighting fixtures, electrical outlets or any other producing device. On -tread storage piles, regardless of storage needs, shall not exceed 25 feet in the direction of the wheel holes. On-floor, on-tread storage shall not exceed 5 feet in height. The wid th of the main aisles between piles shall not be less than 8 feet. Any aisle other than the main aisles shall not be less than 4 feet in width.

Definitions:

On-side storage: Tires stored horizontally or flat.

On-tread storage: Tires stored vertically or on their treads.

Laced storage: Tires stored where the sides of the tires overlap, creating a woven or laced appearance.

15.20.220 Explosives and Fireworks - Seizure of Fireworks

Chapter 56 (Explosives and Fireworks) of the California Fire Code is h ereby amended to add the following:

The Fire Code Official is authorized to seize, take, remove , or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored , or held in violation of local, state, or federal regulations.

15.20.230 Explosives and Fireworks - Limits Explosive and Blasting Agents

Chapter 56 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following:

The storage of explosives and blasting agents is prohibited within the City limits, except in areas zoned M-2 as such zone is defined in the zoning regulations of the City.

15.20.240 Explosives and Fireworks-Manufacturing of Fireworks

Chapter 56 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following:

The manufacture of fireworks within the limits of the City of Lodi is prohibited. 10 15.20.250 Storage - Locations where aboveground tanks are prohibited – Class I & II Liquids

Section 5704.2.9.6.1 of the California Fire Code is hereby amended to read as follows:

Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits of the City of Lodi , except areas zoned IP, M-1, and M-2 as such zones are defined in the zoning regulations of the City of Lodi.

15.20.260 General Authority - Contract Inspector

Chapter 1, Division II, Part 2 Section 104.8.2 of the California Fire Code is hereby amended to add the following:

The Fire Code Official may require the owner or the person in possession or control of the building or premise to provide, without charge to the fire department, a special inspector (“Contract Inspector”) when the department requires technical expertise for assistance to conduct the required inspections.

The Contract Inspector shall be a qualified person who shall demonstrate his/her competence to the satisfaction of the Fire Code Official for inspection of a particular type of construction, operation, fire extinguishing, or detection system or process.

Duties and responsibilities of the Contract Inspector shall include but not be limited to the following:

1. The Contract Inspector shall observe the work assigned for conformance with the approved design drawing and specifications.

2. The Contract Inspector shall furnish inspection reports to the Fire Code Official, Building Official, and other designated persons as required by the Fire Code Official. All discrepancies shall be brought to the immediate attention of the contractor for correction, then if uncorrec ted, to the proper design authority, Fire Code Official, and to the building official.

3. The Contract Inspector shall submit a final signed report stating whether the work requiring inspection was, to the best of his/her knowledge, in conformance with the a pproved plans and specifications and the applicable workmanship provision of this code.

15.20.270 General Authority - Fire Investigators

Chapter 1, Division II, Part 2 – Section 104.11 of the California Fire Code is hereby amended to add the following:

All sworn members assigned to the Fire Prevention Bureau or Fire Investigation Unit are hereby assigned as Fire Investigators and as such shall enforce the provisions of the California Penal Code as it pertains to fire and arson investigations.

15.20.280 Permits – Required Fees

11 Chapter 1, Division II, Part 2 – Section 107.2 of the California Fire Code is hereby amended to add the following:

The fee for each permit shall be as set forth from time to time by resolution of the Lodi City Council. The City may establish fees sufficient to recover its costs in administering this Code.

No permit shall be issued until such fees have been paid, and administrative citations may be issued to persons violating this Code by the persons allowed to issue citations as stated in Lodi Municipal Code – Chapter 1.10 – Administrative Enforcement Provisions.

15.20.290 Permits - Inspection Authorized

Chapter 1, Division II, Part 2 – Section 105.2.2 of the California Fire Code is hereby amended to read as follows:

Before a new operational permit is approved, the Fire Code Official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces , or areas to be used to determine compliance with this Code or any operational constra ints required. I n i nstances where laws or regulations are enforced by departments other than the fire department, joint approval shall be obtained from all departments concerned.

No final inspection under this Code, as to all or any portion of the develop ment, shall be deemed completed and no certificate of occupancy shall be issued unless and until the requirements imposed by this Code have been completed and the final approval thereof by the Fire Department has been given as provided herein and all plan reviews and inspection fees paid.

15.20.300 Permits - Revocation

Chapter 1, Division II, Part 2 – Section 105.4 of the California Fire Code is hereby amended to add the following:

The Fire Code Official further shall have the power to revoke, suspe nd, or deny the granting of any permit required pursuant to the provision of this Code for any of the following reasons:

(a) When deemed necessary for the protection of life, limb, or property; or

(b) For changing the occupancy, equipment, materials, pro cesses, or other conditions in such a manner as to create a greater danger of fire or explosion or less protection than was present at the time of the issuance of such permits.

15.20.310 Permits - Required

Chapter 1, Division II, Part 2 – Section 105.1.1 of the California Fire Code is hereby amended to add the following:

Christmas Tree Lots. A permit issued by the Fire Code Official is required t o operate a Christmas Tree Lot with or without flame proofing services.

Haunted Houses. A permit issued by the Fire Code Official is required to operate a temporary or permanent haunted house.

12 Special Events. A permit issued by the Fire Code Official is required to conduct a special event that is not otherwise listed in this Code and in the opinion of t he Fire Code Official or his or her designee poses a fire or life safety concern to the public.

15.20.320 Inspections - Administrative Costs

Chapter 1, Division II, Part 2 – Section 108.2 of the California Fire Code is hereby amended to add the following:

When a test or inspection is scheduled and the contractor fails to perform to the satisfaction of the authority having jurisdiction, the authority having jurisdiction may bill the contractor for actual time spent traveling to and from the test/ins pection location and the time spent at the test/inspection site as well as administrative costs.

15.20.325 Board Of Appeals

Chapter 1, Division II, Part 2 – Section 111 of the California Fire Code is hereby amended to read as follows:

In order to det ermine 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 Fire Code 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 me eting and investigations and shall render a decision and findings in duplicate. A copy will go to the Fire Code Official with the other copy to the applicant.

15.20.330 Violations - Administrative Enforcement Provisions

Chapter 1, Division II, Part 2 – Section 112.2 and 112.3 of the California Fire Code is hereby amended to read as follows:

Notices of violation, citation, or penalties shall comply with Lodi Municipal Code – Chapter 1.10 – Administrative Enforcement Provisions with the followin g terminology changes or deletions wherever stated in Chapter 1.10.

(a) Whenever the word “Community Improvement Officer” is used, it shall mean the Fire Code Official.

(b) Whenever the word “Department of Public Safety” is used, it shall mean the Lodi Fire Department.

(c) Whenever the word “Community Development Director” or “Director” is used, it shall mean the Fire Chief or his designee.

(d) Whenever the word “Uniform Codes” is used, it shall mean the California Fire Codes.

13 (e) Section 1.11.260E is not applicable to the provisions of this chapter, (Community Awareness and Responsibility Education Classes ) as it pertains to residential dwellings.

15.20.340 Violations - Abatement of Hazard by Fire Code Official

Chapter 1, Division II, Part 2 – Section 112.3.2 and 112.4.1 of the California Fire Code is hereby amended to add the following:

If any person fails to comply with the orders of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupan t, or other person responsible within a reasonable time, the Fire Code Official or his or her authorized representative may take such steps as are necessary to abate the hazard for the protection of the public health and safety.

No event notice is necessary before abatement when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property.

15.20.350 Unsafe Buildings - Structural Fires

Chapter 1, Division II, Part 2 – Section 114.1.1 of the California Fire Code is hereby amended to add the following:

The Chief Officer at the scene shall attempt to notify all occupants or owners of structures, which have suffered damage by fire, that such structu res or buildings must be inspected before any repairs thereof are made. A permit covering the structural, electrical , and plumbing repairs shall be obtained from the City of Lodi Community Development Department. The Chief Officer shall report all such str uctural fires to the Chief Building Official or his/her designee within twenty-four hours after the occurrence of such fire.

15.20.360 Stop Work Order - Failure to Comply

Chapter 1, Division II, Part 2 – Section 113.4 of the California Fire Code is hereby amended to read as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not l ess than that stated in Lodi Municipal Code – Chapter 1.10 – Administrative Enforcement Provisions.

15.20.370 Fire Hydrants Locations and Distribution – Distribution of Fire Hydrants

Appendix C – Section C103.1 of the California Fire Code is hereby amended to read as follows:

Private fire hydrants and p ublic off site fire hydrants shall be spaced with the maximum distances as specified by Table 2.
14 Table 2
Maximum
Zoning Type Spacing

Commercial, high density,
Industrial or high-value 300 feet

Low Density Residential 500 feet

Residential Reverse Frontage 1,000 feet

Hydrants shall be required on both sides of the street whenever one or more of the following conditions exist:

1. Streets have median center dividers that make access to hydrants difficult, cause time delays, or create undue hazard or both.

2. On major arterials when there is more than four lanes of traffic.

3. Width of street in excess of 88 feet.

4. The existing street being widened or having a raised median center divider in the future pursuant to the General Plan Roadway Improvements Plans for the City of Lodi.

15.20.380 Changes or Modifications

In accordance with Health and Safety Code Section 17958.5, the adoption of amendments more restrictive than the requirements contained in the provisions published in the California Building Standard Code, are needed because of local conditions, as specified below:

(A) Climatic.

(1) Conditions

Precipitation averages 18 i nches per year and can reach as high as 35 inches per year. Virtually all of the rain occurs during the months of October through April. The remaining months receive little or no rain. Temperatures during the summer months can reach as high as 110 and Cit y of Lodi averages 19 days over 100 each year. Relative humidity during these summer months is very low.

Lodi averages 34 days of dense fog per year, and has had as many as 64 foggy days.

(2) Impacts

The generally dry, hot summer months create extreme fire conditions. Adding to this situation is the dryness and combustibility of many structures during the summer, especially true of structures with wood siding and roofs constructed of wood shakes and shingles. The cyclical uncertainty that allow weathe r events can cause rapid melting of the snow pack , which causes flood potential in areas surrounding the Mokelumne River. The foggy conditions can inhibit the dispatch and timeliness of emergency equipment reaching the site of a fire. During foggy 15 periods, it is common place for visibility to be near zero, which results in emergency equipment having to decrease their speed to less than 25 miles per hour.

(B) Geographic

(1) Conditions

The City of Lodi is subject to ground tremors from seismic events as the County is in seismic Category D. The Mokelumne River, which borders the northern city limits, is subjected to flood potential and its levies are subject to failure from seismic activity or high water.

(2) Impacts

The geologic conditions in San J oaquin County in general, and the City of Lodi, in particular, have the potential of restricting access to structures, especially in remote or isolated areas. A moderate earthquake or extended periods of rain can impact local access roads.

(1) Conditions

The City of Lodi consists mainly of the San Joaquin Valley floor. The valley floor is typically flat land area bisected by intermittent and year round stream and river systems. Much of the valley floor is irrigated agriculture. Low lan d areas protected by a complex and extensive levee system characterize the Delt a area.

Union Pacific Railroad tracks bisect the eastern and western portions of Lodi , as well as Highway 99, creating traffic congestion and emergency response delays.

(2) Impacts

The valley floor is frequently subject to both general and localized flooding.

Because the area is so flat and low, it is not unusual for local drainage systems to be inadequate during heavy rain periods. This condition can isolate areas where roads are flooded and thereby block access. With the OSHA “two -in two- out” rule requiring two fire fighters ready to make attack only when two others are present, the potential delay in east-west response increases the risk to firefighter and the public.

While it is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the code attempt to reduce the severity and potential loss of life, property , and protection of the environment.

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 prop erty 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. No Conflicts . All ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as such conflict may exist.

Section 4. 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

AGENDA ITEM H-01

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Further Consideration of the Recommendation of the Planning Commission to Introduce and Waive First Reading of an Ordinance 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 Art icle 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”
MEETING DATE: November 16, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Further consideration of the recommendation of the Planning Commission to introduce and waive first reading of an ordinance 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” BACKGROUND INFORMATION: The proposed changes to the Zoning Code are a reaction to Senate Bill 9, (Chapter 162, Statutes of 2021), the “California Home Act,” which was approved by the state legislature and signed into law by Governor Gavin Newsom in 2021, as part of the state’s broader effort to increase the development of affordable housing. SB-9’s regulations are already in effect, but the City has the opportunity to adopt local regulations that address issues specific to Lodi.

SB-9 seeks to increase the supply of ho using by requiring that cities and counties implement ministerial procedures to approve:
• The subdivision of existing residential lots; and
• The development of more than one dwelling units on parcels zoned for single family homes Additional provisions of SB-9:1
1 Source: “SB-9 Fact Sheet,” California Department of Housing and Community Development Ordinance Implementing SB-9 Two Unit Development and Lot Splits November 16, 2022 City Council Meeting

Page 2 of 3 ends

• SB-9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts.
• SB-9 law requires a local agency to modify or eliminate objective development standards on a project - by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size.

SB-9 allows the development of up to four dwelling units (2 dwelling units + 2 accessory dwelling units (ADUs)) on a lot or parcel which would otherwise accommodate only one dwelling unit and one ADU.

The law also limits the amount of parking that can be required and establishes reduced building setbacks for units built per the new regulations.

The ministerial processes require Staff approval of lot splits and residential development so long as specific criteria in the law are met, eliminating the need for longer and more costly review processes. By allowing more than one dwelling unit to be built on parcels which otherwise would be limited to one primary dwelling unit and one ADU, SB -9 also supersedes traditional single -family zoning and provides for the development of more homes than would have otherwise been possible.

SB-9 took effect on January 1, 2022, and currently regulates both urban lot splits and two-unit urban development in Lodi. However, SB-9 allows local agencies to adopt specific regulations implementing the law. The proposed amendments to the Lodi Zoning Code would incorporate the required state law and address local concerns.

PROPOSED REGULATIONS

Staff from the City Attorney’s office and the Community Development Department, assisted by legal counsel with specific SB-9 expertise, have developed the proposed new regulations to be added to the Lodi Zoning Code to implement SB-9. Two new areas would be added to the Lodi Zoning Code:
• Section 17.36.160 “Two Unit Urban Residential Development”; and • Chapter 17.55 “Urban Lot Split”
In addition, several new terms used in the new regulations (“Acting in Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development”) would be added to the zoning code glossary.

A summary of the proposed amendments follows:

Chapter 17.55 “Urban Lot Split”
This new chapter of the Zoning Code provides for a staff-approved type of subdivision to split an existing lot into two lots, provided that specific criteria are met. The criteria are essentially the same as those for the “ Two Unit Urban Development” Section discussed above. This new section applies only in the RLD zoning district.

Ordinance Implementing SB-9 Two Unit Development and Lot Splits November 16, 2022 City Council Meeting

Page 3 of 3 ends

The new regulations generally allow the new lots to be smaller than would be the case if the standards of the RLD zoning district were used.

New Glossary Definitions
Several specific terms are used in the new Zoning Code sections that require definitions. These are:
“Acting in Concert With”

“Car Share”

"Tenant”

“Two Unit Urban Residential Development”
Additional detail on the proposed regulations is provided in the August 24, 2022, Planning Commission Staff Report, attached to this Council Communication.

PLANNING COMMISSION DISCUSSION AND RECOMMENDATION

On August 24, 2022, the Planning Commission held a public hearing regarding the proposed regulations.

Following the public hearing, the Commission voted 4-0 to recomme nd that the City Council approve the proposed regulations.

COUNCIL CONTINUATION AND INFORMATION REQUESTS

On October 19, 2022, the City Council held and closed a public hearing on the proposed ordinance. The Council then voted to continue the item to the future council meeting on November 16, 2022, for additional information and Staff discussion on the items which can be included in the future review of SB-9 applications to ensure that the future development potential would not result in adverse impacts to public health and safety. As of preparation of this communication, staff from various City departments are reviewing the raised issues and discussing options to prevent of any potential health and safety concerns. Staff’s findings and recommendation will be presented to the City Council at the November 16, 2022 meeting.

CONCLUSION

The proposed regulations have been recommended by the Planning Commission. The ordinance is ready for adoption, should the Council accept the recommendation of the Planning Commission.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

______________________________________
John R. Della Monica, Jr.

Community Development Director

Attachments:

1. Planning Commission Staff Reports (August 24, 2022)

2. Planning Commission Resolution

3. Draft Ordinance

CITY OF LODI

PLANNING COMMISSION
Staff Report

MEETING DATE: August 24, 2022

APPLICATION NO: Not applicable

REQUEST: Proposed Changes to the Lodi Zoning Code to Implement Senate Bill 9, Pertaining to Urban Lot Splits and Two Unit Urban Residential Development in the Residential Low-Density Zoning District

LOCATION: Low-Density Residential (RLD) Zoning Districts, City-wide

APPLICANT: City of Lodi

RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council adopt the proposed amendments to the Lodi Zoning Code to implement the provisions of Senate Bill 9 (SB- 9), which provides for the streamlined approval of lot split s and the development of additional units on residential units.

The proposed regulations have been tailored to the extent possible to reflect specific conditions and concerns in Lodi. If the City Council decides not to adopt the proposed changes to the Zoning Code, the provisions of SB-9 as contained in the California Government Code will remain in effect without these Lodi-specific provisions.

BACKGROUND
Senate Bill 9 ( Chapter 162, Statutes of 2021) , the “California Home Act,” was approved by the state legislature and signed into law by Governor Gavin Newsom in 2021 as part of the state’s broader effort to increase the development of affordable housing.

SB-9 seeks to increase the supply of housing by requiring that cities and counties implement ministerial procedures to approve:

• The subdivision of existing residential lots; and
• The development of more than one dwelling units on parcels zoned for single family homes

Additional provisions of SB-9:
1 • SB-9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti- displacement measures for renters and low -income households, and the protection of historic structures and districts.

1 Source: “SB-9 Fact Sheet,” California Department of Housing and Community Development

Planning Commission
August 24, 2022

Page 2 ends

2 • SB-9 law requires a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size.

The effect of this change is to allow the development of up to four dwelling units (2 dwelling units + 2 accessory dwelling units (ADUs)) on a lot or parcel which would otherwise accommodate only one dwelling unit and one ADU.

The law also limits the amount of parking that can be required and establishes reduced building setbacks for units built per the new regulations.

The ministerial processes require Staff approval of lot splits and residential development so long as specific criteria in the law are met, eliminating the need for longer and more costly review processes. By allowing more than one dwelling unit to be built on parcels which otherwise would be limited to one primary dwelling unit and one ADU, SB-9 also supersedes traditional single- family zoning and provides for the development of more homes than would have otherwise been possible.

SB-9 took effect on January 1, 2022, and currently regulates both u rban lot splits and Two Unit urban development in Lodi. However, SB -9 allows local agencies to adopt specific regulations implementing the law. The proposed amendments to the Lodi Zoning Code would incorporate the required state law and address local concerns.

PROPOSED SB-9 REGULATIONS
Staff from the City Attorney’s office and the Community Development Department have developed the proposed new regulations to be added to the Lodi Zoning Code to implement SB-9. Two new areas would be added to the Lodi Zoning Code:
• Section 17.36.160 “Two Unit Urban Residential Development”; and • Chapter 17.55 “Urban Lot Split”
In addition, several new terms used in the new regulations (“Acting in Concert With,” “Car Share,” “Tenant,” and “ Two Unit Urban Residential Development”) would be added to the z oning code glossary.

A summary of the new sections follows:

Section 17.36.160 “Two Unit Urban Residential Development” This new section provides for the development of additional dwelling units and ADUs on residential lots, subject to specific approval criteria. This section of the Zoning Code applies only to the RLD (Low Density Residential) zoning district. If any of the criteria in the regulations cannot be met, the additional dwelling units cannot be built. Criteria include:
• The new housing would not require the demolition or alteration of existing affordable housing
• The new housing would not require the demolition or alteration of existing rental housing Planning Commission
August 24, 2022

Page 3 ends

3 • The site is not in a historic district
• The site is not on prime farmland
• The site is not a known hazardous waste site
This new section also creates new development standards addressing:
• The number of dwelling units and ADUs which can be built • Side, and rear yard setback limitations (4 feet)
• Maximum coverage in a front yard area only
• A requirement that 10% of the site be open space with amenities such as play equipment, patio, outdoor seating, etc.
• Requirement that new units match the architectural style of an existing home on the parcel • A requirement for one parking space, unless the site is near a “high-quality transit corridor” or “major transit stop” or within one block of a car share vehicle, in which case no parking is required. (Only very limited areas of Lodi would meet these criteria.) • A prohibition on the new Two Unit Urban Development being used for short-term rentals.

Do note, SB -9 requires that any development standards in the new regulations be modified or waived by Staff if the standards would prevent the construction of two dwelling units of at least 800 square feet each.

The regulations do not prevent the City from implementing the Building Code or other object development standards , and allow the Building Official to deny an application to build new dwelling units if the proposed units would,
“… have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact.”
The criteria for denial are discussed in more detail later in this report.

Chapter 17.55 “Urban Lot Split”
This new Chapter of the Zoning Code provides for a staff-approved type of subdivision to split an existing lot into two lots, provided that specific criteria are met. The criteria are essentially the same as those for the “Two Unit Urban Development” Section discussed above. This new Section applies only in the RLD zoning district.

The new regulations generally allow the new lots to be smaller than would be the case if the standards of the RLD zoning district were used. The new standards include:

Planning Commission
August 24, 2022

Page 4 ends

4 • Each new lot must be at least 40% the size of the original lot or 1,200 square feet, whichever is greater. (By comparison, the RLD zoning district requires a minimum lot size of 5,000 square feet.)
• Each lot must be capable of accommodating two 800-square-foot dwelling units • Each lot must have water, sewer, storm drain, gas, and electric utility service • A deed restriction is required that prevents the use of dwelling units on lots created with the Urban Lot Split process to be used for short-term rentals As with the Two Unit Urban Development section, the Urban Lot Split regulations provide for the denial of a proposed lot split if specific adverse impacts would result.

New Glossary Definitions
Several specific terms are used in the new Zoning Code sections that require definitions. These are:
“Acting in Concert With” - A person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

“Car Share” - A service through which vehicles are made available for hourly or daily use.

Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.

"Tenant” - A person who occupies land or property rented from a landlord.

“Two Unit Urban Residential Development” - Development of dwelling units and accessory dwelling units per Section 17.36.160 of this Code.

LOCAL ISSUES AND FINDINGS FOR DENIAL
As noted above, state law and the proposed Lodi Zoning Code regulations allow the City to deny applications for Two Unit Urban Residential Development and Urban Lot Splits if a “ specific adverse impact” would result and “…there is no feasible method to satisfactorily mitigate or avoid the impact.”
The Public Works Department has identified areas in Lodi (shown in Figure 1, on the following page) where three specific types of impacts could result:
• Areas where existing storm drains are less than 12 inches in diameter (the minimum size which would be accepted per modern City of Lodi standards). In these areas, adding more development than would be permitted by existing z oning code standards could cause these undersized storm drainage lines to be overwhelmed by the higher storm runoff that would result, potentially causing localized flooding. These areas are mostly in older residential areas in the western portion of Lodi.

Planning Commission
August 24, 2022

Page 5 ends

5 Figure 1: Sewer and Storm Capacity Exhibit

• Areas where the amount of wastewater flowing in the existing underground lines exceeds the City’s existing standard. Adding more dwelling units in these areas would increase the amount of sewage flowing into the underground lines and could cause sewage overflows.

These areas are mostly older residential neighborhoods in the eastern portion of Lodi. • A reas where existing wastewater pumping stations exist that were designed to accommodate a specific amount of flow from anticipated development and where additional new dwelling units could exceed the capacity of the pumps. This issue affects mostly newer neighborhoods in northwest and southwest Lodi.

Planning Commission
August 24, 2022

Page 6 ends

6 The Public Works Department is currently developing policies procedures for review by the City Council that would allow the Community Development and Public Works departments to review all proposed projects, not just SB-9 projects, to determine if impacts to sewer or storm drainage in identified areas would result and if these impacts could be mitigated.

ENVIRONMENTAL ASSESSMENT

The proposed amendment was reviewed and found to be exempt from review under the California Environmental Quality Act (CEQA). Staff’s recommendation is that it can be seen with certainty that there is no possibility the proposed amendments to Zoning Code would have a significant effect on the environment. Therefore, subject to Section 15061(b)(3) of the CEQA Guidelines, the activity is not subject to CEQA.

PUBLIC HEARING NOTICE:

Legal Notice pertaining to the Code revisions for Urban Lot Splits and Two Unit Urban Residential Development was published in the Lodi News Sentinel on August 13, 2022.

STAFF RECOMMENDATION:

Staff recommends that the Planning Commission recommend the proposed amendments to the Lodi Zoning Code to the City Council.

The Commission may also recommend denial of the proposed amendments or can recommend changes to the regulations developed by Staff.

RECOMMENDED MOTIONS:

Should the Planning Commission agree with Staff’s recommendations, the following motion is suggested:

“I move that the Planning Commission adopt a r esolution recommending that the Lodi City Council determine the proposed Zoning Code amendments are not subject to CEQA per section 15061(b)(3) of the CEQA Guidelines . I further move to recommend that the City Council amend Title 17 of the Lodi Municipal Code to 1) add Section

17.36.160 “Two Unit Urban Residential Development,” 2) add Chapter 17.55 “Urban Lot Split” and 3) add definitions of “Acting in Concert With,” “Car Share,” “Tenant,” And “Two Unit Urban Residential Development”.

Respectfully submitted, Concur,

Eric Norris John R. Della Monica Jr.

Contract Planner Community Development Director

Attachments:

1. Draft Ordinance

2. “SB-9 Fact Sheet,” State of California Department of Housing and Community Development

1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI 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 REAPPEAL AND REENACT ARTICLE 7, “DEFINITIONS,” TO ADD DEFINITIONS OF “ACTING IN CONCERT WITH,” “CAR SHARE,” “TENANT,” AND “TWO UNIT URBAN RESIDENTIAL DEVELOPMENT”
========================================================================

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:

SECTION 1. Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.36 “Standards for Specific Land Uses ” is hereby amended by adding Section 17.36.160 “Two Unit Urban Residential Development” as follows:

17.36.160 – Two Unit Urban Residential Development.

A. Purpose. This Section is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this Section is to establish development standards for development pursuant to SB-9.

B. Term of Effect. This Section is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB 9 remain in effect.

C. Definitions. The following terms used in this section are as defined in Chapter 17.78 of this Code:

1. Car share;

2. Duplex;

3. Tenant; and

4. Two Unit Urban Residential Development.

As used this Section, “dwelling unit” refers to any unit which is not an Accessory Dwelling Unit as defined in this Code.

D. Applicable Zones and Projects. The provisions of this section apply to all lots in the RLD zoning district.

E. Ministerial Approval and Findings. Two Unit Urban Residential Development is subject to staff review and approval only, subject to the objective criteria and standards of this Chapter.

Two Unit Urban Residential Development which meets all the criteria listed in this Section shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:

1. The proposed development would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon

2 public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or

2. The proposed development would not comply with all of the criteria for approval per this Section.

F. Criteria for Approval. A proposed Two Unit Urban Residential Development shall be approved if it meets all the following criteria:

1. The Two Unit Urban Residential Development would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control;

2. The Two Unit Urban Residential Development would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;

3. If any existing dwelling unit(s) is proposed to be demolished, would comply with the replacement housing provisions of Government Code Section 66300(d);

4. The parcel proposed for Two Unit Urban Residential Development is located in the RLD (Low Density Residential) zone;

5. The parcel proposed for Two Unit Urban Residential Development is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a City ordinance;

6. The parcel proposed for Two Unit Urban Residential Development is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted;

7. The parcel proposed for Two Unit Urban Residential Development is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B);

8. The parcel proposed for Two Unit Urban Residential Development is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

9. The parcel proposed for Two Unit Urban Residential Development is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;

10. The parcel proposed for Two Unit Urban Residential Development is not located in a special flood hazard area subject to induction by the 1 percent annual chance flood (100- year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or

3 b. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);

11. The proposed Two Unit Urban Residential Development would not create a nonconforming condition related to the placement of buildings or to any other development standard of this Zoning Code, except as specified in this Chapter;

12. The proposed Two Unit Urban Residential Development would not create an unmitigated adverse impact to the City’s sewer, stormwater, or other infrastructure systems that would violate City standards, policies, or conditions protecting public health and safety;

13. A signed affidavit has been provided in accordance with Section 17.55.110; and

14. The application complies with all provisions of Government Code Section 66411.7.

G. Development Standards. The following development standards shall apply to all Two Unit Urban Residential Development, except to the extent that they would preclude the construction of two (2) dwelling units of at least 800 square feet each. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding the construction of two (2) SB-9 Units of 800 square feet each on each parcel.

Standards for typical residential development are found in Chapter 17.18 of this Code.

Standards for typical Accessory Dwelling Units are found in Section 17.36.130 of this Code.

1. Number of Dwelling Units Allowed

a. A maximum of two dwelling units may be built on a single lot created using the Urban Lot Split provisions of this Code. Dwelling units and Accessory Dwelling Units both count toward the maximum number of units on lots created using the Urban Lot Split provisions of this Code.
b. A maximum of two dwelling units may be built on a single lot which was not created using the Urban Lot Split provisions of this Code. Only primary dwelling units count toward the maximum number of units on lots which were not created using the Urban Lot Split provisions of this Code.

2. Number of Accessory Dwelling Units Allowed. Accessory dwelling units may be built pursuant to Section 17.36.130 of this Code and in conformance with the maximum number of units specified in this Section.

3. Maximum Floor Area. No maximum floor area is specified by this Section.

4. Height. Maximum height shall be per the RLD zoning district standard for primary structures.

4 5. Setbacks

a. Front yard setback: Per the zoning district setback requirements for a primary structure.
b. Side and rear yard: Four (4) feet, except for an existing structure or structure constructed at the same location and to the same dimensions as an existing structure.

6. Site Coverage. Site coverage and maximum coverage in a front yard area shall be per the standards for the RLD zoning district. Coverage calculations shall include all structures, including all SB-9 Units and all non-habitable accessory structures.

7. Open Space. Ten percent (10%) of the lot shall be dedicated for common open space and shall provide amenities such as but not limited to gardening, outdoor seating or furniture, playground equipment, patio, and/or outdoor grill appliance.

8. Landscaping. Landscaping shall be provided required by the RLD zoning district.

9. Design

a. If a primary dwelling unit exists on the parcel, any new dwelling unit constructed on the parcel pursuant to this section shall use the same architectural style, materials, and colors as the existing unit.
b. All units built on a vacant parcel shall use the same architectural style, materials, and colors.
c. Accessory Dwelling Units shall be designed in conformance with the requirements of this Code for ADUs.

10. Parking. A minimum of one off-street parking space shall be provided for each dwelling unit, unless the following apply, in which case no off-street parking is required:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or b. There is a car share vehicle located within one block of the parcel.

11. Non-Habitable Accessory Structures. Development of non-habitable accessory structures as dwelling units shall be per the standards for accessory structures in the RLD zoning district.

H. Additional Requirements

1. Short-Term Rentals Prohibited

Any dwelling unit or Accessory Dwelling Unit constructed per this Section, if offered for rental, shall be rented for a minimum term of 31 consecutive days and shall not be used for short-term rentals.

2. Building and Safety Regulation

a. The City may deny the construction of dwelling units or Accessory Dwelling Units per this Section if the Building Official makes a wr itten finding, based upon a preponderance of the evidence, that the proposed dwelling unit(s) would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and sa fety or the

5 physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact.
b. An application shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet applic able building code standards and are sufficient to allow separate conveyance.

c. Utility connections shall be provided per City standards.

d. All applications shall comply with the City’s standards, policies, or conditions protecting public health and safety of the sewer and stormwater infrastructure systems.

I. Application Requirements. Applications for Two Unit Residential Development shall include:

1. All information required by the Planning Department, as shown on official City application forms;

2. An affidavit shall be filed to verify information regarding the rental or ownership history of any pre-existing dwelling units or Accessory Dwelling Units; and

3. Each applicant for a Two Unit Residential Development shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the development, unless the applicant is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

SECTION 2. Lodi Municipal Code Title 17 – Development Code – Article 5 “Subdivisions” is hereby amended by adding Chapter 17.55 “Urban Lot Split” as follows:

Chapter 17.55 – URBAN LOT SPLIT

17.55.010 - Purpose of Chapter.

17.55.020 - Term of Effect.

17.55.030 - Urban Lot Split Defined.

17.55.040 - Ministerial Approval and Findings.

17.55.050 - Criteria for Approval.

17.55.060 - Urban Lot Split Lot Requirements.

17.55.070 - Development Standards.

17.55.080 - Required Contents for Recorded Title.

17.55.090 - Pre-Existing Nonconforming Zoning Conditions.

17.55.100 - Expiration of Urban Lot Split Subdivisions.

17.55.110 - Application Requirements.

17.55.010 Purpose of Chapter.

This Chapter is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this Chapter is to

6 establish a ministerial objective approval process and special lot design standards for the subdivision of single lots in the RLD zoning district.

17.55.020 Term of Effect.

This Chapter is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB-9 remain in effect.

17.55.030 Urban Lot Split Defined.

An Urban Lot Split is the subdivision of a single-family residential lot into two parcels that meets the requirements of this Chapter. An Urban Lot Split differs from other subdivisions only in the standards which apply to the lots created, the criteria which must be met, and the ministerial approval process which applies to this type of subdivision.

17.55.040 Ministerial Approval and Findings.

An Urban Lot Split is subject to staff review and approval only, subject to the objective criteria and standards of this Chapter.

An Urban Lot Split that meets all of the criteria listed below shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:

A. The proposed urban lot split would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or
B. The proposed urban lot split would not comply with all of the criteria for approval per this Chapter.

17.55.050 Criteria for Approval.

Proposed Urban Lot Splits shall comply with all of the following:

A. The Urban Lot Split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; B. The Urban Lot Split would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;
C. If any existing dwelling unit(s) is proposed to be demolished, the proposal would comply with the replacement housing provisions of Government Code Section 66300(d); D. The parcel proposed for an Urban Lot Split is located in the RLD (Low Density Residential) zone;
E. The parcel proposed for an Urban Lot Split is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance;

7 F. The parcel proposed for an Urban Lot Split is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted;
G. The parcel proposed for an Urban Lot Split was not previously created through a prior Urban Lot Split;
H. The parcel proposed for an Urban Lot Split is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B); I. The parcel proposed for an Urban Lot Split is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993); J. The parcel proposed for an Urban Lot Split is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
K. The parcel proposed for an Urban Lot Split is not located in a special flood hazard area subject to induction by the 1 percent annual chance flood (100-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:

1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or

2. The site meets FEMA requirem ents necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);

L. The Urban Lot Split would not create a nonconforming condition related to the placement of buildings or to any other development standard of this Zoning Code, except as specified in this Chapter;
M. The Urban Lot Split would not create an unmitigated adverse impact to the City’s sewer or stormwater infrastructure systems that would violate City standards, policies, or conditions protecting public health and safety;
N. A signed affidavit has been provided in accordance with Section 17.55.110; O. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the Urban Lot Split process ; and
P. The application complies with all provisions of Government Code Section 66411.7.

17.55.060 Urban Lot Split Lot Requirements.

The following requirements apply to all lots created using the Urban Lot Split process, except to the extent that they would preclude the construction of two (2) SB -9 Units (as the term is defined in Section 17.36.160 of this Code) of at least 800 square feet each. Any modifications of these requirements shall be the minimum modification necessary to avoid physically precluding the construction of two (2) SB-9 Units of 800 square feet each on each parcel.

8 A. Lot Requirements:

1. Each lot shall have street frontage on or access to a public right of way as required by the Public Works Department.

2. Lot width shall be per the RLD zoning district.

3. Lots created per this Chapter are not required to have a minimum depth, provided that the minimum lot size stated below is maintained.

4. Lot size:

a. Each parcel created by an Urban Lot Split shall be at least 40 percent of the size the original parcel or 1,200 square feet, whichever is greater.

b. The sub divider shall demonstrate that the proposed lots are capable of accommodating at least two units of 800 square feet each in conformance with the applicable setbacks and height limits of this Code.

5. Utilities:

a. Each parcel created by an Urban Lot Split shall have water, sewer, storm drain, gas and electric utility service that comply with City standards. b. The sub divider shall be responsible to install connections to City facilities in accordance with City standards.
c. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement. d. Unused connections shall be abandoned per City standard.

17.55.070 Development Standards.

Development standards for parcels created pursuant to this Chapter are provided in Section

17.36.160 of this Code.

17.55.080 Required Contents for Recorded Title.

The recorded title for any lot or parcel created pursuant to this Chapter shall include the following:

A. That the Urban Lot Split provisions of this Chapter were used to approve the subdivision and may not be used to further subdivide the lot or parcel; B. The signed affidavit required per Section 17.55.110; C. A rental of any unit created on the lot or parcel shall be for a minimum term of 31 consecutive days, and the unit shall not be used for short-term rentals; and D. Uses on the lot or parcel shall be limited to residential uses.

17.55.090 Pre-Existing Nonconforming Zoning Conditions.

Approval of an application for the Urban Lot Split shall not be contingent upon the correction of a non-conforming zoning condition which existed at the time the application was filed.

9 17.55.100 Expiration of Urban Lot Split Subdivisions.

The expiration of tentative maps created per this Chapter shall be the same as for a standard tentative map as specified in Section 17.52.130 of the Lodi Municipal Code.

17.55.110 Application Requirements.

Applications for Urban Lot Splits shall include:

A. All information required by the Public Works Department, as shown on official City application forms.

B. Each applicant for an Urban Lot Split shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the Urban Lot Split, unless the applicant is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

SECTION 3. Lodi Municipal Code Title 17 – Development Code – Article 7 “Definitions” is hereby repealed and reenacted as follows:

ARTICLE 7. - DEFINITIONS

Chapter 17.78 - DEFINITIONS

17.78.010 - Purpose of Article.

17.78.020 - Definitions of Specialized Terms and Phrases.

17.78.010 - Purpose of Article.

This Article provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Article, or in
other provisions of the Development Code, the most common dictionary definition is presumed to be correct.

17.78.020 - Definitions of Specialized Terms and Phrases.

As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A. Definitions, "A."

“ACE” U.S. Army Corps of Engineers, the federal agency responsible for issuing wetlands delineations.

“Accessory Dwelling Units ” A second permanent dwelling that is accessory to a primary dwelling on the same site. An accessory dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking.

10 “Accessory Residential Uses and Structures” Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

Garages;
Gazebos;
Greenhouses;
Spas and hot tubs;
Storage sheds;
Studios;
Swimming pools;
Tennis and other on-site sport courts;
Workshops.

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined, or home satellite dish and other receiving antennas for earth - based TV and radio broadcasts (see “Telecommunications Facilities”).

“Accessory Retail Uses” The retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

“Accessory Structure” A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Development Code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, Jacuzzis , spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.

“Accessory Use” A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.

“Acting in Concert With” A person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of , or actively cooperating with, the owner of the parcel being subdivided.

“Adult Entertainment Businesses” Any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not

11 including those uses or activities, the regulation of which is preempted by state law.

Refer to Chapter 5.40 of the Lodi Municipal Code for Adult Business definitions.

“Affordable unit” An ownership or rental housing unit as required by this section, which is affordable by households with very low or low income.

“Agent” A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Development Code.

“Agricultural Processing” The processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:

alfalfa cubing;
corn shelling;
cotton ginning;
custom grist mills;
custom milling of flour, feed, and grain;
drying of corn, rice, hay, fruits, and vegetables;
grain cleaning and custom grinding;
hay baling and cubing;
pre-cooling and packaging of fresh or farm-dried fruits and vegetables; sorting, grading, and packing of fruits and vegetables; tree nut hulling and shelling.

Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "Crop Production."

“Alcoholic Beverage Sales ” The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.

“Alley” A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

“Allowed Use” A use of land identified by Article 2 (Land Use and Development Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or Building Permit approval, subject to compliance with all applicable provisions of this Development Code.

“Alteration” Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

12 “Amenity” Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior Amenities may include, but are not limited to fireplaces, gar bage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items required by City building codes or other ordinances which are necessary to insure the safety of the building and its residents.

“Antenna” Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. Antenna- related definitions include the following.

1. Antenna, Amateur Radio. Any antenna used for transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).

2. Antenna, Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building.

3. Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.

4. Antenna, Ground Mounted. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.

5. Antenna, Monopole. A structure composed of a single spire used to support antennas and related equipment.

6. Antenna, Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.

7. Antenna, Satellite. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.

8. Antenna, Whip. An antenna consisting of a single, slender, rod -like element, which is supported only at or near its base. They are typically less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick or pipe antennas.

“Animal Raising” The keeping/raising of farm animals, including cattle, goats, horses, sheep, swine (including potbellied pigs), fowl, poultry, and other animals determined by the Director to not be common household pets. Does not include:

13 birds, cats, dogs, and other household pets or exotic animals, which are separately defined.

“Apartment” See "Multi-Family Dwellings."

“Applicant” Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks City permits and approvals.

“Approval” Includes both approval and approval with conditions.

Area, Lot. See “Lot Area.”

“Art, Antique, Collectible, and Gift Stores” Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.

“At one location” All adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right -of- way, or separated only by other land of the applicant.

“Attic” The area located between the uppermost plate and the roof or ridge of a structure.

“Auto Parts Sales ” Stores that sell new automobile parts, tires, and accessories.

May also include minor parts installation (see "Vehicle Services"). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards."

“Auto Repair and Maintenance” The repair, alteration, restoration, towing, painting, cleaning (including self -service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories.

1. Major Repair/Body Work. Repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.

2. Minor Maintenance/Repair. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).

Does not include automobile parking (see “Parking Facilities/Vehicle Storage”), repair shops that are part of a vehicle dealership on the same site (see “Auto Sales and Rental,” and “Recreational Vehicle Sales and Rental”), automobile service stations, which are separately defined, or automobile dismantling yards, which are included under “Recycling – Scrap and Dismantling Yards.”

14 “Auto Sales and Rental ” Retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and moped sales (see "General Retail"); mobile home sales (see "Mobile Home and RV Sales"); tire recapping establishments (see "Auto Repair and Maintenance"); businesses dealing exclusively in used parts, (see "Re cycling - Scrap and Dismantling Yards"); or "Service Stations," which are separately defined.

“Automated Teller Machines (ATM)” Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

“Automobile Dismantling Yard” See "Recycling - Scrap, and Dismantling Yards."

B. Definitions, "B."

“Banks and Financial Services” Financial institutions including:

banks and trust companies;
credit agencies;
holding (but not primarily operating) companies;
lending and thrift institutions;
other investment companies;
securities/commodity contract brokers and dealers;
security and commodity exchanges;
vehicle finance (equity) leasing agencies.

See also, "Automated Teller Machine," above.

“Bar” See “Night Clubs and Bars.”

“Basic Services” Services provided by a residential care facility for the elderly that may include daily activities (social, recreational and educational); community space; utilities and cleaning; safety and security; 24 -hour experienced staff; maintenance of residence and grounds; personal care; three daily meals; family support activities; transportation; and medication administration.

“Bed and Breakfast Inns (B&Bs)” Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodgi ng, where meals may be provided subject to applicable Health Department regulations. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "Hotels and Motels." Does not include room rental, which is separately defined (see "Rooming and Boarding Houses).

“Block” Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way or waterway or subdivided acreage

“Building” See "Structure."

15 “Building Material Stores” Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account fo r a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehousing, Wholesaling and Distribution." Hardware stores are listed in the definition of "General Retail," even if they sell some building materials.

“Business Support Services” Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

Blueprinting;
business equipment repair services (except vehicle repair, see "Vehicle Services"); commercial art and design (production);
computer-related services (rental, repair);
copying and quick printing services;
equipment rental businesses within buildings (rental yards are "Outdoor Sales Yards");
film processing laboratories;
heavy equipment repair services where repair occurs on the client site; janitorial services;
mail advertising services (reproduction and shipping);
outdoor advertising services;
photofinishing;
protective services (other than office related);
soils and materials testing laboratories;
window cleaning.

C. Definitions, "C."

“California Environmental Quality Act (CEQA) ” State law (California Public Resources Code Sections 19000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

“California Public Utilities Commission (CPUC) ” The governmental agency which regulates the terms and conditions of public utilities in the State.

“Car Share” A service through which vehicles are made available for hourly or daily use. Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.

16 “Car Washes” Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See 17.40.000 (Temporary Use Permits).

“Care and Supervision” Services which if provided require a residential care facility for the elderly to be licensed. These services include assistance as needed with activities of daily living and the assumption of varying degrees of responsibility for the safety and well-being of residents to include: assistance in dressing, grooming, bathing and other personal hygiene; assistance with taking medication; central storing and distribution of medications; assistance with medical and dental care (including transportation); maintenance of house rules; supervision of resident schedules and activities; voluntary maintenance and supervision of resident monies or property; and monitoring food intake or special diets.

“Caretaker Quarters” A residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

“Cell site” A geographical area with a radius of two to eight miles that contains both transmitting and receiving antennae.

“Cellular” An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

“Certificate of Public Convenience and Necessity ” A certificate issued by the California Public Utilities Commission (CPUC).

“City” The City of Lodi referred to in this Development Code as the "City."

“City Council” The Lodi City Council, referred to in this Development Code as the "Council."

“City Resident” Any person who has lived within the Cit y limits of the City of Lodi continually for one year immediately prior to the date of application for an affordable unit.

“Clubs, Lodges, and Membership Meeting Halls” Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

business associations;
civic, social, and fraternal organizations;
labor unions and similar organizations;
political organizations;
professional membership organizations;
other membership organizations.

“Co-location” The locating of wireless communications equipment from more than one provider on a single ground- mounted, roof -mounted, or structure- mounted facility.

17 “Commission” See "Planning Commission."

“Common Interest Development” Any residential condominium, community apartment house, or stock cooperative.

“Community Care Facility” Any place or building which is maintained and operated to provide 24-hour non-medical residential care, or day care services for children, adults, or both limited to the following:

1. Residential Care Facility. A home, group care facility, residential care facility for the elderly, foster home, alcohol and/or drug recovery facility, intermediate care facility or similar facility, for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

2. Family Day Care. Regularly provided care, protection and supervision of children, in the care giver’s own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away.

a. Small Family Day Care Home. A home that provides family child care for up to six children, or for up to eight children, including children under age 10 who live in the licensee’s home, if all of the following conditions are met:

i. At least two of the children are at least six years of age.

ii. No more than two infants are cared for during any time when more than six children are being cared for.

iii. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.

iv. The licensee obtains the written consent of the property owner when the family dare care home is operated on property that is leased or rented.

b. Large Family Day Care Home. A home that provides family child care for up to 12 children, or for up to 14 children, including children under age 10 who live in the licensee’s home and the assistant provider’s children under age 10, if all of the following criteria are met:

i. At least two of the children are at least six years of age.

ii. No more than three infants are cared for during any time when more than 12 children are being cared for.

iii. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time.

iv. The licensee obtains the written consent of the property owner when the family dare care home is operated on property that is leased or rented.

3. Day Care Center. Commercial or non- profit child or adult day care facilities designed and approved to accommodate 15 or more. Includes infant centers,

18 preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer’s disease, or similar disabling condition.

These may be operated as part of a business, school, or religious facility, or as an independent land use.

“Community Centers” Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi -purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

“Community Garden” A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.

“Community Space” Space within a residential care facility for the elderly that may include dining facilities such as a café or snack bar; beauty or barber shops; retail shops that sell food items, non-prescription drugs, small household items and gifts; pharmacies; libraries; game rooms; meeting rooms; music/craft rooms; community laundry rooms; community kitchens; and other si milar facilities for residents and guests.

“Condominium” As defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

“Congregate Living Health Facility” See “Medical Services – Extended Care”.

“Construction/Heavy Equipment Sales and Rental” Retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.

“Contractor Storage Yards” Storage yards operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.

“Convalescent Hospital” See “Medical Services – Extended Care”.

“Convenience Stores” Retail stores of generally 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs.

“County” The County of San Joaquin, State of California.

“Crop Production” Commercial agricultural field and orchard uses including production of:

19 field crops;
flowers and seeds;
fruits;
grains;
grapes;
melons;
ornamental crops;
tree nuts;
trees and sod;
vegetables;
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, including sales sheds.

D. Definitions, "D."
“Density” The number of housing units per net acre, unless otherwise stated, for residential uses.

“Department” The Lodi Community Development Department, referred to in this Development Code as "Department."

“Detached” Any structure that does not have a wall or roof in common with another structure.

“Developer” Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities that seeks City permits and approvals for development.

“Development” Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures, and/or the establishment of a new land use. New development is any construction, or alteration of an existing structure or land use, after the effective date of this Development Code.

“Development Agreement” A contract between the City and an applicant for a development project, in compliance with Chapter 17.44 (Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and re gulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

“Development Code” The Lodi Development Code, Title 17 of the Lodi Municipal Code, referred to herein as "this Development Code."

“Development Standards” The provisions of Lodi Development Code.

20 “Director” The City of Lodi Community Development Director, or designee of the Director.

“District” See "Zoning District."

“Drive-in and Drive- thru Sales” Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast- food restaurants, drive-through coffee, dairy product, photo stores, etc.

“Drive-in and Drive -thru Services” Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

“Driveway” Means a vehicle accessway extending from road or street to a building or structure, vehicle parking or delivery area, or pedestrian drop- off point, or between such areas on a site.

“Duplex” A residential structure under single ownership containing two dwellings.

“Dwelling, dwelling unit, or housing unit” A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

“Dwelling Group” Two or more detached dwelling units located on a single parcel of land in one ownership and having any yard, access driveway or court in common.

E. Definitions, "E."

“Easement” A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

“Electromagnetic field” The local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

“Electronics, Equipment, and Appliance Manufacturing” Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
aviation instruments;
computers, computer components, and peripherals;
electrical transmission and distribution equipment;
electronic components and accessories, semiconductors, integrated circuits, and related devices;
electronic instruments, components and equipment such as calculators and computers;
electrical welding apparatus;

21 lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;

industrial apparatus;

industrial controls;
instruments for measurement, testing, analysis and control, associated sensors and accessories;
miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
motors and generators;
optical instruments and lenses;
photographic equipment and supplies;
pre-recorded magnetic tape;
radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;
surveying and drafting instruments;
telephone and telegraph apparatus;
transformers, switch gear and switchboards;
watches and clocks;

Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").

“Enhanced specialized mobile radio” A digital wireless communication technology that specializes in providing dispatching services.

“Enlargement of Use ” The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

“Environmental Impact Report (EIR)” An informational document used to assess the physical characteristics o f an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

“Equipment Rental, Indoor” Service establishments which may offer a wide variety of materials and equipment for rental. Construction equipment rental is separately defined.

F. Definitions, "F."

“Family” One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a lodging house or hotel. A family includes the necessary servants.

22 “Farmworker Housing” A housing accommodation developed for and/or provided to a minimum of five farmworkers, and shall consist of any living quarters, dwelling, boarding house, tent, barracks, bunkhouse, mobile home, recreational vehicle, travel trailer, or other housing accommodation maintained in one or more buildings and on one or more sites. Permanent housing for farmworkers who live in Lodi year-round is treated the same as other permanent housing (i.e., single family or multi -family).

Seasonal or migrant farmworker housing is treated the same as group residential.

“Feasible” Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

“Floor Area, Gross” The area in square feet of all floors within a building, measured from the outside surfaces of the exterior walls.

“Floor Area Ratio (FAR)” The Floor Area Ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area).

“Flower Tower” A structure that integrates a monopole into a light pole or other utility pole.

“Food and Beverage Manufacturing” Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:

Bakeries;
bottling plants;
breweries;
candy, sugar and confectionery products manufacturing;
catering services separate from stores or restaurants;
coffee roasting;
dairy products manufacturing;
fats and oil product manufacturing;
fruit and vegetable canning, preserving, related processing; grain mill products and by-products;
meat, poultry, and seafood canning, curing, by product processing; soft drink production;
miscellaneous food item preparation from raw products.

May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Night Clubs and Bars" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic.

23 Does not include: bakeries which sell all products on-site, which are included in the definition of "General Retail;" or beer brewing as part of a brew pub, bar or restaurant (see "Night Clubs and Bars").

“Furniture, Furnishings and Appliance Stores” Stores engaged primarily in selling the following products and related services, including incidental repair services:

computers and computer equipment;
draperies;
floor coverings;
furniture;
glass and chinaware;
home appliances;
home furnishings;
home sound systems;
interior decorating materials and services;
large musical instruments;
lawn furniture;
movable spas and hot tubs;
office furniture;
other household electrical and gas appliances;
outdoor furniture;
refrigerators;
stoves;
televisions.

“Furniture/Fixtures Manufacturing, Cabinet Shops” Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, w indow blinds and shades.

Includes wood and cabinet shops, but not sawmills or planning mills.

G. Definitions, "G."

“Garage, or Carport” Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the pr ovisions of Chapter 17.32 (Parking and Loading).

1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2. A carport is an attached or detached accessory structure enclosed on no more than two sides.

24 “Garage Sale” Any sale held for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

“Gas Station” A retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

“General Plan” The City of Lodi General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Development Code as the "General Plan."

“General Retail” Stores and shops selling many lines of merchandise. These stores and lines of merchandise include but may not be limited to:

art galleries;
artists' supplies;
bakeries (all production in support of on-site sales);
bicycles;
books;
cameras and photographic supplies;
clothing and accessories;
collectibles (cards, coins, comics, stamps, etc.);
department stores;
drug and discount stores;
dry goods;
electronics/TV;
fabrics and sewing supplies;
florists and houseplant stores (indoor sales only, outdoor sales are "Plant Nurseries");
gift and souvenir shops;
furniture, home furnishings and equipment;
general stores;
hardware-no outside storage;
hobby materials;
jewelry;
luggage and leather goods;
musical instruments, parts and accessories;
newsstands;

25 orthopedic supplies;
pet supplies sales with no animals but fish;
religious goods;
small wares;
specialty shops;
sporting goods and equipment;
stationery;
toys and games;
variety stores;

“Golf Courses and Country Clubs” Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

“Grade” The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

“Grand Opening” An advertising event which has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling or major renovation.

“Grocery Store” A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumpti on away from the site of the store.

“Group Residential” All living situations with shared living quarters without separate kitchen or bathroom facilities for each room or unit, including boarding houses, dormitories, and SRO facilities

“Guest House” A detached structure accessory to a single- family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

H. Definitions, "H."

“Handcraft Industries, Small -Scale Manufacturing ” Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

“Health/Fitness Facilities” Fitness centers, gymnasiums, health and a thletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.

“Hedge” Shrubs and/or trees planted and maintained at a spacing interval which creates a physical and/or visual barrier.

“Heliport” A designated, marked area on the ground or the top of a structure where helicopters may land at any time.

26 “Home Occupations” The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

“Hotel or Motel” Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).

Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

“Household Pets ” The keeping/raising of birds, cats, dogs, or other common household pets, as determined by the Director, accessory to a residential use.

“Housing costs ” The monthly mortgage principal and interest, property taxes, homeowner’s insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units.

“HUD” The United States Department of Housing and Urban Development or its successor.

I. Definitions, "I."

“Illegal Building or Use” A building or use that does not conform to one or more of the provisions of this Development Code, and did not lawfully exist on the effective date of applicable provisions of this Development Code.

“Income eligibility” The gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled household members and all other sources of household income.

“Independent Living” Housing that is intended for elderly persons who may require some assistance but are generally able to live and function independently. These facilities are usually apartment style housing with a studio, one- bedroom or larger units, one or more bathrooms and either a kitchenette or full kitchen. Meals, housekeeping and laundry services are provided for residents. Social activities and other non-medical services, such as transportation, are sometimes offered.

“Indoor Amusement/Entertainment Facilities ” Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

bowling alleys;
coin-operated amusement arcades;
dance halls, clubs, and ballrooms;
electronic game arcades;
ice skating and roller skating;
pool and billiard rooms as primary uses.

Five or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or

27 less machines are not considered a land use separate from the primary use of the site.

“Intensification of Use” A change in the use of a structure or site, where the new use is required by Chapter 17.32 (Parking and Loading) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

J. Definitions, "J."

“Junkyard” Automobile wrecking yards, any area where junk vehicles are stored, keeping or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

K. Definitions, "K."

“Kitchen” A room or space within a building intended to be used for the cooking or preparation of food.

L. Definitions, "L."

“Land Use Permit” Authority granted by the City to use a specified site for a particular purpose, including Use Permits, Temporary Use Permits, Planned Development Permits, Variances, Zoning Clearances, as established by Article 4 (Land Use and Development Permit Procedures) of this Development Code.

“Landscaping” The planting and maintaining of an area with predominantly native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements (for example, pools, fountains, paved or decorated surfaces, but excluding driveways, parking, loading, or storage areas).

“Large Family Day Care Home” See "Community Care Facility".

“Lattice tower” A structure with three or four steel support legs that supports a variety of antennae. These towers generally range in height from 60 to 200 feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design.

“Laundries and Dry-Cleaning Plants" Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry -cleaning pick-up stores without dry cleaning equipment; see "Personal Services."

“Libraries and Museums ” Public or quasi -public facilities including aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are typically non-commercial, other than an accessory gift/book shop.

“License” A basic permit issued by a licensing agency to operate a Community Care Facility.

28 “Licensing Agency” A state, county or other public agency authorized by the State Department of Social Services to assume specified licensing, approval or consultation responsibilities in compliance with Health and Safety Code Section 1569.13.

“Life Care/ Continuing Care Retirement Communities ” See “Medical Services – Extended Care”.

“Live/Work Facilities” An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1. Complete kitchen space and sanitary facilities in compliance with the California Building Code; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

“Lot, or Parcel ” A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Development Code. Types of lots include the following.

1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

3. Interior lot. A lot abutting only one street.

4. Key lot. An interior lot, the front of which adjoins the side property line of a corner lot.

5. Reverse corner lot. A corner lot, the rear of which abuts a key lot.

6. Through lot. A lot with frontage on two generally parallel streets.

“Lot Area” Gross lot a rea is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.

“Lot Area, Net” The portion of a parcel that is:

1. Not subject to any easement or included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or

2. Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.

29 Except as provided above, portions of a parcel to a highway easement or any other private or public easement shall not be counted as part of the net area.

“Lot Coverage” See "Site Coverage."

“Lot Depth” The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 7- 1 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

“Lot Frontage” The boundary of a lot adjacent to a public street right-of-way.

“Lot Line or Property Line” Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 7-1 (Lot Features)):

1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2. Interior lot line. Any lot line not abutting a street.

3. Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4. Side lot line. Any lot line that is not a front or rear lot line.

“Lot of Record” A parcel of land held in separate ownership as shown on the county assessors records at the time of the passage of the ordinance codified in this title.

FIGURE 7-1 - LOT FEATURES

30 “Lot Width” The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 7- 1 (Lot Features). The Director shall determine lot width for parcels of irregular shape.

M. Definitions, "M."

“Map Act” See "Subdivision Map Act."

“Medical Services - Clinics, Offices, and Laboratories” Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

health management organizations (HMOs);
medical and dental laboratories;
medical, dental and psychiatric offices;
out-patient care facilities;
other allied health services;

Counseling services by other than medical doctors or psychiatrists are included under "Offices."

“Medical Services - Extended Care” Residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long -term personal care facilities that do not emphasize medical treatment are included under "Community Care Facility".

“Medical Services – Hospitals” Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on- site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "Accessory Retail Uses").

“Metal Products Fabrication, Machine and Welding Shops” Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

blacksmith and welding shops;
sheet metal shops;
machine shops and boiler shops.

“Microbrewery” A facility where beer brewed on the premises is sold for on -site consumption.

“Microcell” A wireless communication facility that:

31 1. Contains a maximum of four whip or panel antennae. Each whip antenna does not exceed four inches in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area;

2. Contains a maximum of one microwave antenna no larger than 10 square feet in surface area;

3. Has an array of antennae less than 10 feet in height;

4. Is roof or structure -mounted or, if within the public right -of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree); and

5. Has a total height, if roof or structure- mounted, that does not exceed the maximum height allowed in the zoning district in which the facility is located.

“Mixed-Use Project ” A project which combines both commercial and residential uses, where the residential component is typically located above the commercial.

“Mobile Home” A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwellings."

“Mobile Home Park” Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

“Monopole” A single, ground-mounted, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more antennas.

For the purpose of this Ordinance, any tree pole, flagpole, bell tower, clock tower, windmill or other similar ground-mounted, self-supporting structure that is designed to disguise antennas and their support structures shall also be deemed to be a monopole, however a monopole shall not be deemed to be a transmission tower.

“Mortuaries and Funeral Homes” Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

“Mounted” Attached or supported.

“Multi-Family Dwellings” A building or a portion of a building used and/or designed as residences for three or more families living independently of each other.

Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing; see also "Common Interest Developments."

32 N. Definitions, "N."

“Negative Declaration” A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

“Night Clubs and Bars” Businesses where alcoholic beverages are sold for on -site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May incl ude entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities.

“Nonconforming Parcel” A parcel that was legally created prior to the adoption of this Deve lopment Code and which does not conform to current Code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

“Nonconforming Sign” A sign which lawfully existed prior to the effective date of this Development Code, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.

“Nonconforming Structure” A structure that was legally constructed prior to the adoption of this Development Code and which does not conform to current Code provisions/standards (e.g. , open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.

“Nonconforming Use” A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Development Code and which does not conform to cu rrent Code provisions governing allowable land uses for the zoning district in which the use is located.

“Nursing Home” See “Medical Services – Extended Care”.

O. Definitions, "O."

“Occupancy” All or a portion of a structure occupied by one tenant.

“Offices” This Development Code distinguishes between the following types of office facilities. These do not include: medical offices (see "Medical Services - Clinics Offices, and Laboratories"); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.

1. Administrative/Business. Establishments providing direct services to consumers, such as insurance agencies, real estate offices, utility company offices, etc.

2. Government. City, and other local, state, and federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck and Freight Terminals."

33 3. Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:

advertising agencies;
architectural, engineering, planning and surveying services; computer software production and programming services;
educational, scientific and research organizations;
media postproduction services;
photography and commercial art studios;
writers and artists offices.

4. Professional. Professional offices including:

accounting, auditing, and bookkeeping services;
attorneys;
counseling services;
court reporting services;
data processing services;
detective agencies and similar services;
employment, stenographic, secretarial, and word processing services; literary and talent agencies;
management and public relations services.

5. Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off -site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

6. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

“Off-site” An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

“On-site” An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

“Open Fencing ” A barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.

“Outdoor Recreation Facilities” Facilities for various outdoor participant sports and types of recreation, including:

34 amphitheaters;
amusement and theme parks;
health and athletic club outdoor facilities;
miniature golf courses;
skateboard parks;stadiums and coliseums;
swim and tennis clubs;
tennis courts;
water slides;
zoos.

May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.

“Outdoor Retail Sales and Activities ” Permanent outdoor sales and rental establishments including auto deale rs, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure.

“Outdoor Retail Sales, Temporary” Temporary outdoor retail operations including:

Christmas trees, pumpkins or the sale of other seasonal items; farmers' markets;
food vendors;
semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows;
sidewalk or parking lot sales longer than one weekend;
retail sales from individual vehicles in temporary locations outside the public right-of-way.

P. Definitions, "P."

“Parcel” See "Lot, or Parcel."

“Parking Facilities/Vehicle Storage” Service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day -use and long- term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off -street parking required by the Development Code.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards.

“Parks and Playgrounds” Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts. See also "Outdoor Recreation Facilities."

35 “Pawn Shops ” Indoor retail establishments that accept per sonal property as collateral for loans, and offer the property for sale to the public.

“Pedestrian Orientation” Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including but not limited to:

1. Street furniture;

2. Design amenities related to the street level such as awnings, paseos, arcades;

3. Visibility into buildings at the street level;

4. Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;

5. Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of- way;

6. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

7. Signage oriented and scaled to the pedestrian rather than the motorist; and

8. Landscaping.

“Pedestrian-Oriented Use” A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.

“Permitted Use” Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

“Person” Any individual, firm, co -partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

“Personal Communication Services” A digital wireless communications technology with the capacity for multiple communication services, and which provides a system for the routing of calls to individuals rather than places, regardless of location.

“Personal Services” Establishments providing non- medical services as a primary use, including, but not limited to:

36 barber and beauty shops;
clothing rental;
dry cleaning pick-up stores with limited equipment;
home electronics and small appliance repair;
laundromats (self-service laundries);
massage (licensed, therapeutic, non-sexual);
psychic readers;
shoe repair shops;
spas and hot tubs;
tailors;
tanning salons;
tattoo parlors.

These uses may also include accessory retail sales of products related to the services provided.

“Planning Commission” The City of Lodi Planning Commission, appointed by the Lodi City Council in compliance with Government Code Section 65101, referred to throughout this Development Code as the "Commission."

“Plant Nurseries and Garden Supply Stores ” Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "General Retail Stores." Home greenhouses are included under "Accessory Residential Uses and Structures."

“Primary Structure” A structure that accommodates the primary use of the site.

“Primary Use ” The main purpose for which a site is developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur.

“Primary Zoning District” The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.

“Printing and Publishing ” Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."

“Private wireless communication facility” A wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).

37 “Project” Proposed development or a new land use.

“Property Line” The recorded boundary of a parcel of land.

“Proposed Project” A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

“Public Safety Facilities ” Facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

“Public Utility Facilities ” Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Gov ernment Code Section 53091:

corporation and maintenance yards;
electrical substations and switching stations;
natural gas regulating and distribution facilities;
public water system wells, treatment plants and storage; telephone switching facilities;
wastewater treatment plants, settling ponds, and disposal fields.

These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.

“Public wireless communication facility” A wireless communication facility that has been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).

Q. Definitions, "Q."

“Quarry materials storage and processing” Manufacturing facilities for the sorting, grading, and storage of aggregates as construction materials; includes concrete batch plants. A retail ready -mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores."

R. Definitions, "R."

“Radiofrequency radiation” Electromagnetic radiation in the portion of the spectrum from three kilohertz to 300 gigahertz.

“Recreational Vehicle (RV)” A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

38 1. Contains less than 320 square feet of internal living room area, excluding built- in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2. Contains 400 square feet or less of gross area measured at maximum horizontal projections;

3. Is built on a single chassis; and

4. Is either self -propelled, truck -mounted, or permanently towable on the highways without a towing permit.

“Recreational Vehicle Park” A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

“Recyclable material” Reusable domestic containers and other materials which can be reconstituted, re -manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials (see “Recycling Facilities” below).

“Recycling Facilities” This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

1. Small Collection facility. A facility occupying an area of 500 square feet or less where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a. Reverse vending machine(s). An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

b. Mobile recycling unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

c. Bulk reverse vending machine is a reverse vending machine that is larger than 50 square f eet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

d. Kiosk-type units which may include permanent structures.

2. Large collection facility. A facility which occupies an area of more than 500 square feet and/or include permanent structures which may include the following:

a. Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end- user's

39 specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Recycling - Scrap and Dismantling Yards," below:

i. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
ii. A heavy processing facility is any processing facility other than a light processing facility.

3. Scrap and dismantling yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.

“Religious Facilities” Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, m osques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the religious facility itself. May also include fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including as full-time educational institutions, hospitals and other potentially -related operations (for example, a recreational camp) are classified according to their respective activities.

“Resale controls ” Legal provisions by which the sale of affordable units will be controlled to ensure that the unit is affordable by very low- or low-income households over time.

“Research and Development (R&D)” Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufac turing, that are not associated with a manufacturing facility on the same site. Includes pharmaceutical, chemical and biotechnology research and development. Does not include computer software companies (see "Offices - Production"), soils and other mater ials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinics, Offices, and Laboratories").

“Residential Care Home” See “Community Care Facility”.

40 “Residential District or Zone” Any of the residential zoning districts established by Section 17.10.020 (Zoning Districts Established).

“Residential Project” A housing development at one location including all units for which permits have been applied for or approved within a 12-month period, intended and designed for permanent occupancy, including but not limited to single- family dwellings, duplexes, triplexes, fourplexes, apartments, multiple-dwelling structures, or group of dwellings, condominium development, townhouse development, cooperative, or land division.

“Residential Shelters” Facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.

“Restaurant” A retail business selling ready -to-eat food for on- or off -premise consumption. These include eating establishments where customers are served from a walk -up ordering counter for either on - or off -premise consumption, and establishments where most custom ers are served food at tables for on -premise consumption, but may include providing food for take- out. Also includes coffee houses.

“Review Authority” The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 6 (Development Code Administration).

“Roadside Stands” Open structures for the retail sale of agricultural products, located on the site or in the area of the property where the products being sold were grown.

Does not include field sales or agricultural products, which is included under "Production of Crops."

“Rooming and Boarding Houses” The renting of individual bedrooms within a dwelling to two or more unrelated people, whether or not meals are provided.

S. Definitions, "S."

“Schools” Public and private educational institutions, including:

boarding schools;
business, secretarial, and vocational schools;
community colleges, colleges, and universities;
elementary, middle, and junior high schools;
establishments providing courses by mail;
high schools;
military academies;
professional schools (law, medicine, etc.);
seminaries/religious ministry training facilities.

Also includes specialized schools offering instruction in the following:

Art;

41 ballet and other dance;
computers and electronics;
drama;
driver education;
language;
music.

Also includes facilities, institutions , and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Community Care Facility"). See also the definition of "Studios - Art, Dance, Music, Photography, etc." for smaller-scale facilities offering specialized instruction.

“Secondary Dwelling Unit ” An additional living unit on a lot within a single- family zone. A second unit is a self -contained unit with separate kitchen, living and sleeping facilities. A second unit can be created by (a) altering a single -family dwelling to establish a separate unit or (b) adding a separate unit onto an existing dwelling.

“Section 404 or Section 10 Permit ” The permits issued by U.S. Army Corps of Engineers (ACE) establishing wetlands delineations and conditions governing activities therein.

“Senior Apartments” Multifamily residential projects where occupancy is limited to people of fifty-five (55) years of age or older.

“Senior Continuum of Care Complex” See “Community Care Facility” and “Medical Services – Extended Care”.

“Senior Citizen” An adult 55 years or older.

“Setback” The distance by which the wall of a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the ease ment to the wall of the structure. See also "Yard." Figure 7-2 (Setbacks) shows the location of front, side, street side and rear setbacks. Figure 7- 3 (Flag Lot Setbacks) below, shows the location of front yard setbacks for flag lots.

42 FIGURE 7-2

LOCATION AND MEASUREMENT OF SETBACKS
FIGURE 7-3

FLAG LOT SETBACKS

43 “Sign” A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.

1. Abandoned Sign. A sign advertising a use, occupancy, or product which no longer exists, in the event of billboards, or which no longer exists on the site where the sign is located, in the case of on-site signs, for a period of 90 days..

2. Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

3. Awning Sign. A sign copy or logo attached to or painted on an awning.

4. Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non- rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

5. Bench Sign. Copy painted on a portion of a bench.

6. Business Identification Sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

7. Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

8. Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

9. Civic Event Sign. A temporary sign, posted to advertise a civic event sponsored by a public agency, school, church, civic -fraternal organization, or similar noncommercial organization.

10. Contractor or Construction Sign. A sign which states the name of the developer and contractor(s) working on the site and related engineering, architectural or financial firms involved with the project.

11. Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

12. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.

13. Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

44 14. Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

15. Future Tenant Identification Sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

16. Garage Sale Sign. A sign with a message advertising the resale of personal property that has been used by the resident.

17. Grand Opening. A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion of retail sales by a business.

18. Ground Mounted Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.

19. Holiday Decoration Sign. Temporary seasonal signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message.

20. Illegal Sign. A sign which includes any of the following:

a. A sign erected without first complying with all regulations in effect at the time of its construction or use;

b. A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;

c. A sign that was legally erected which later became nonconforming as a result o f the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;

d. A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;

e. A sign which is a danger to the public or is unsafe;

f. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the Town; or

g. A sign that pertains to a specific event, and five days have elapsed since the occurrence of the event.

21. Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.

45 22. Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.

23. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

24. Monument Sign. An ind ependent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

25. Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of more than one tenant on the site.

26. Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Development Code, but does not now completely comply with current regulations.

27. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

28. Off-Site Sign. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise. Also known as a billboard sign.

29. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

30. Political Sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

31. Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

32. Portable Sign. A sign that is not permanently affixed to a structure or the ground.

33. Programmable Electronic Sign. A changeable and illuminated sign made up of a field of individual electronic elements or mechanical grids that , when programmed and activated, create still or moving images, words, or numbers.

34. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.

35. Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

46 36. Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

37. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

38. Special Event Sign/Banner . A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).

39. Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right -of-way, parking area or neighboring property.

40. Under Marquee Sign. A sign suspended from a marquee or canopy.

41. Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent t o any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

42. Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign a pproximately parallel to the building wall.

43. Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.

“Sign Area” The entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.

“Sign Height” The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

“Single-Family Dwelling” A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the California Building Code, and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

“Site” A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

“Site Coverage” The percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas

47 necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.

See Figure 7-4 (Site Coverage).

“Skilled Nursing Facility” See “Medical Services – Extended Care”.

“Stealth facility ” A communications facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as concealed antenna.

“Storage – Indoor” The storage of various materials entirely within a structure, as the primary use of the structure. Includes personal storage facilities (mini-storage), which are structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

“Storage – Outdoor” The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

“Street” A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection.

“Street Line” The boundary between a street right-of-way and property.

“Structure” Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term "structure" includes "buildings."

“Structural Alteration ” Any chang e tending to prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders.

FIGURE 7-4 SITE COVERAGE

48 “Studios for Art, Dance, Music, Photography, etc. ” Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "Schools - Specialized education and training." These include facilities for: individual and group instruction and training in the arts; production rehearsal ; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.

“Subdivision” The division, by any sub divider, of any unit or portion of land shown on the latest equalized San Joaquin County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future.

Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

“Subdivision Map Act, or Map Act ” Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

“Supportive Housing” Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supporting housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive Housing is treated the same as a residential use in a residential zone.

T. Definitions, "T."

“Telecommunications Facilities ” Public, commercial and priv ate electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite- based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see "Utility Infrastructure").

“Temporary Structure” A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Temporary Use” A use of land that is designed, operated and occupies a site for a limited period of time, typically less than 12 months.

“Tenant” A person who occupies land or property rented from a landlord.

“Theaters and auditoriums ” Indoor facilities for public assembly and group entertainment, other than sporting events, including:

civic theaters, and facilities for "live" theater and concerts; exhibition and convention halls;

49 motion picture theaters;
public and semi-public auditoriums;
similar public assembly uses.

Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events."

“Transitional Housing ” Building configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time , which shall be no less than six months.

Transitional Housing is treated the same as a residential use in a residential zone.

“Truck and Freight Terminals ” This land use consists of transportation establishments furnishing services incidental to air, mo tor freight, and rail transportation including:

freight forwarding services;
freight terminal facilities;
joint terminal and service facilities;
packing, crating, inspection, and weighing services;
postal service bulk mailing distribution centers;
transportation arrangement services;
trucking facilities, including transfer and storage.

These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.

“Two Unit Urban Residential Development” Development of dwelling units and Accessory Dwelling Units per Section 17.36.160 of this Code.

“Utility Infrastructure” Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices"), or distribution substations (see "Utility Facilities").

50 V. Definitions, "V."

“Variance” A discretionary entitlement that may waive or relax the development standards of this Development Code, in compliance with 17.40.050 (Variances).

“Vehicle Service” Establishments primarily engaged in the maintenance, service, diagnosis, repair, or painting of automobiles, motorcycles, scooters, mopeds, light trucks, vans, trailers, and recreational vehicles subject to the registration with the California Bureau of Automotive Repair.

“Veterinary Clinics, Animal Hospitals, Kennels ” Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commerc ial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

“Voluntary” Resulting from free will.

W. Definitions, "W."

“Warehouse Retail” Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

“Warehouses, Wholesaling, and Distribution” These facilities include:

1. Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include:
warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "Storage - Indoor"); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Vehicle and Freight Terminals").

2. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:

agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products;
merchant wholesalers;
stores primarily selling electrical, plumbing, heating, and air conditioning supplies and equipment.

“Wireless communication facility” Any public or private structure that supports antennae, microwave dishes, and other related equipment that sends and/or receives radio frequency signals.

51 X. Definitions, "X." No specialized terms beginning with the letter "X" are used at this time.

Y. Definitions, "Y."

“Yard” An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Section 17.14.060 (Setback Measurement and Exceptions) and Figure 7-2 (Setbacks).

1. Front yard. An area extending across the full width of the lot between the front lot line and the required setback.

2. Rear yard. An area extending the full width of the lot between a rear lot line and the required setback.

3. Side yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.

Z. Definitions, "Z."

“Zero Lot Line” The location of a building on a lot in a manner that one or more building edges rest directly on a lot line.

“Zoning Clearance” A ministerial issued by the Department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this Development Code.

“Zoning District ” Any of the residential, commercial, industrial, special purpose, or overlay districts established by Article 2 of this Development Code (Land Use Development Standards), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

“Zoning Ordinance” The Lodi Development Code, Title 17 of the Lodi Municipal Code, referred to herein as "this Development Code."

SECTION 4. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

SECTION 5. 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 toward 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 6. 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.

AGENDA ITEM H-02

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Library Internet Safety-CIPA Compliance Update M
EETING DATE: November 16, 2022
P
REPARED BY: Akiliah Manuel Mills
RE
COMMENDED ACTION: The Library Director will present an update on the Children’s Internet Protection Act in accordance with compliance standards for public libraries.

BACK
GROUND INFORMATION: The Lodi Public library is not in compliance with the Children’s Internet Protection Act which was enacted by Congress in 2011. This act imposes requirements on certain schools and libraries in order to qualify for:
 E-rate discounts for internet access services or Category Two Funds  Emergency Connectivity Fund- Applies to library-owned internet-capable devices in certai n
c
ircumstances.
 Institute of Museum and Library Services (IMLS)-funded grant programs - Applies when libraries seek federal funding under the LSTA program. This includes the purchase of internet-accessible dev
ices or to pay for direct costs associated with accessing the internet.

To c
omply the library must develop an internet and safety policy, implement a protection measure and hold a public meeting. The protection measure (Palo Alto firewall) has been implemented. The public meeting will be held via the regularly scheduled City Council meeting on November 16th. The Board of Trustees reviewed and approved of the attached Internet Safety Policy on October 10th. After the presentation to Council and the public, the Lodi Public Library will be CIPA compliant and apply for federally funded grants.

F
ISCAL IMPACT: Not applicable
F
UNDING AVAILABLE: Not applicable
__________
_____________________________
Akiliah Manuel Mills
Library Director
Lodi Public Library Computer, Internet and Wireless Access Policy The Lodi Public Library (LPL) strives to close the Digital Divide by making computer and Internet access available for all. This policy guides access to computers and the Internet offered through the LPL. LPL offers access to computers and the Internet at the library facility.

LPL values intellectual freedom. The Internet offers legitimate, helpful, and educational information. The Internet may contain material of a controversial nature. LPL offers patrons options for Internet access that protect individual intellectual freedom that is also compliant with the Children's Internet Protection Act (CIPA) which requires libraries to protect minors from inappropriate material.

However, the Library cannot control the Internet or its contents. LPL neither censors adult access to material nor protects adult users from information that they find offensive.

Privacy: Patrons may be required to use their library barcodes to access the public computers, library Wi-Fi. The Library does not keep records of patrons' Internet use or computing information; the library gathers statistical information only on use of public computers. Privacy screens are available for use within the Library for patron security and confidentiality.

Lodi departments under the authority of the City of Lodi are required to adhere to the Privacy Policy which is also accessible on this website .

Internet Safety: Parents and guardians of minors are responsible for their child's use of the Internet at the library. The Library offers filtered Internet access for minors. Filtered Internet access is software that attempts to block sites that parents typically find objectionable for minors.
• No filtering software package is 100% effective. The Library cannot and does not guarantee that the filtering software will block all objectionable material • Minors are provided filtered access to Internet computers. The library staff may request identification for age verification. Individuals without appropriate identification will be restricted to a filtered computer for access.
• Parents/guardians are strongly encouraged to monitor their minor child on any library workstation especially if child is accessing internet communication, email, or chat rooms

AGENDA ITEM H-03

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive a Presentation Regarding Updates on the Lodi Access Center MEETING DATE: November 16, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Receive a presentation regarding updates on the Lodi Access Center
BACKGROUND INFORMATION: After a several month community engagement process, o n October 6, 2021, City Council approved the development of the Access Center and location at 710 N. Sacramento Street in Lodi.

On April 20, 2022 , City Council Approved Inner City Action Inc., to operate the Temporary Emergency Shelter ( temporary Access Center) and on July 22, 2022 , the temporary Access Center opened for operations at the Sacramento Street site. This presentation will share some of the success stories and updates on what has occurred at the temporary Access Center since opening.

In the months since the property was acquired, Staff not only worked on the temporary Acc ess Center, but also on moving the permanent Access Center forward. On October 19, 2022 , City Council authorized the City Manager to execute Amendment No.1 to the Professional Services Agreement with NJ Associates, Inc., for Access Center design development , civil engineering construction documents, bid documents, and construction. Schematic design has been completed and construction documents are being started. These items will also be included in the presentation.

FISCAL IMPACT: Not Applicable.

FUNDING AVAILABLE: Not Applicable.
_______________________________
John R. Della Monica, Jr.

Community Development Director
AGENDA ITEM H-04

COUNCIL COMMUNICATION

APPROVED
: ________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\ADMIN\Council\2022\11162022\Sweeper Presentation\2022 CC_SweeperPresentation.docx 11/2/2022 AGENDA TITLE: Presentation to Receive Information Regarding City Street Sweeping; and On-Street Parking Options MEETI
NG DATE: November 16, 2022
PREP
ARED BY: Public Works Director
RECOMMENDED ACTION: Provide a presentation regarding the City of Lodi’s street sweeping program including on-street parking options during sweeper day.

BAC
KGROUND INFORMATION: Public Works has been tasked with providing a description of the sweeper program and finding options that may assist with the on-street parking concerns during the scheduled sweeper day. The City’s sweeper program is an essential function in reducing debris from streets and storm systems as well as enhancing the appearance of the City’s roads and neighborhoods.

The Ci
ty has 404 curb miles and one sweeper operator which sweeps each of the 17 sweeper zones monthly, and the Downtown zone weekly. The City also contracts a sweeping service that covers up to 50 curb miles of the newer additions to Lodi. The sweeper averages 9,000 miles a year with an average of 2,000 cubic yards of debris removed annually.

The Ci
ty currently has parking restrictions in place for the 2nd Wednesday sweeper zone along Locust St. from Washington St. to Cherokee Ln. which has been in place since 2008. This presentation will provide information on the existing restrictions in place and options for future pilot parking restrictions.

FISC
AL IMPACT: Not applicable

FUNDING
AVAILABLE: Not applicable
_______________________________________
Cha
rles Swimley
Public Works Department
CES/J
B/cd
AGENDA ITEM H-05

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Compensation and Other Benefits for the Confidential General Services Employees for the Period January 1, 2023 through December 31, 2025 MEETING DATE: November 16, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution a pproving compensation and other benefits for the Confidential General Services employees for the Period January 1, 2023 through December 31, 2025.

BACKGROUND INFORMATION: Representatives from the City of Lodi have been negotiating with the various bargaining units over the past twelve months. With a majority of new c ontracts approved, the City engaged in discussions with the Confidential General Services on wage and benefit changes that are similar to those provided to represented employees.

Staff is requesting the following wage and benefit changes for the Confidential General Services employees:
 Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
 Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
 Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.  Addition of a fixed holiday in observance of Juneteenth.

Staff recommends that the Council approve the revisions to compensation and other benefits for confidential general service employees.

FISCAL IMPACT: The total long term annual cost of the proposed agreement is $74,000. The total cost of the term of the agreement is $190,000 as shown below.

Fiscal Year 2022/23 $ 13,500
Fiscal Year 2023/24 $ 39,500
Fiscal Year 2024/25 $ 63,000
Fiscal Year 2025/26 $ 74,000
Total Cost (3 years) $ 190,000

FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.

_________________________________
Adele Post, Human Resources Manager

_________________________________
Andrew Keys, Deputy City Manager

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AMENDING SALARY AND

BENEFITS FOR THE CONFIDENTIAL GENERAL SERVICES EMPLOYEES FOR THE PERIOD EFFECTIVE JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 ========================================================================

WHEREAS, historically, the Council has treated the confidential (unrepresented) employees in the same manner as their represented counterparts; and

WHEREAS, it is recommended that Council provide the same salary and benefits to the Confidential General Services employees as those provided to other represented labor groups and confidential unrepresented Mid-Managers as follows:

• Term: January 1, 2023 through December 31, 2025.
• Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January, 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Addition of one fixed holiday in recognition of the Juneteenth holiday.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the amendments.

Date: November 16, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held November 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2022-____
AGENDA ITEM H-06

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt resolution rescinding Resolution 2021 -12 and approving Benefit Modification for Council Members
MEETING DATE: November 16, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution rescinding Resolution 2021-12 and approving Benefit Modification for Council Members.

BACKGROUND INFORMATION: The City Council previously adopted Resolution 2021 -12 that set the benefits and contribution rates for which Council members are eligible. City staff have negotiated new contracts with the majority of City staff that includes an increase to the City’s contribution towards medical premiums. Staff recommend that the City in crease the City’s capped contribution towards medical for Council members to the same rates as offered to City employees. The increased premium contribution would be effective the first pay period in which January 1, 2023 falls.

A summary of the benefits provided to City Council members is listed below:

Benefit Amount
Accidental Death & Dismemberment
Insurance (AD&D)
$10,000; City pays full premium
Chiropractic Coverage Access to coverage through City plan; City pays full premium Deferred Compensation Participation in any of the plans offered by the City (No City match provided)
Dental Coverage Access to coverage through City plan; City pays full premium Employee Assistance Program (EAP) Access to coverage through City plan, City pays full premium Flexible Spending Account (Section
125)
Participation in City provided plan
Life Insurance $10,000; City pays full premium
Lodi City Employee’s Association
(LCEA)
Membership in LCEA is available at the Council Member’s cost Medical Insurance Access to available plans through CalPERS - City contribution capped at $771.35 for Employee only; $1,542.71 for Employee +1; and, $2,005.52 for Employee +Family
Medical Insurance Opt-Out If City offered coverage is declined and proof of other group coverage is provided, Council Member is eligible for payment

of $305.22 for Employee only; $532.92 for Employee +1; and, $692.81 for Employee +Family coverage
PERS Retirement Optional for Council Members. 2% at 55 for “Classic” employees; 2% at 62 for PEPRA employees; Council member pays the employee’s normal share
Technology Each Council member shall be issued a new iPad or equivalent device at the beginning of each 4 -year term for official City of Lodi business use only. At the completion of the term, the iPad shall be returned to the Information Technology Manager to be wiped at which time the Council member may keep the wiped iPad for personal use.

Travel Insurance – Accidental Death $100,000; City pays full premium Vision Coverage Access to coverage through City plan; City pays full premium Worker’s Compensation Covered by California Worker’s Compensation pro gram; City pays full premium

Council members are not eligible for Tuition Reimbursement under the City’s Tuition Reimbursement policy.

Attached is a copy of Resolution 2021-12.

FISCAL IMPACT: It is estimated that the benefit modifications will cost the City a maximum of $12,660 per year should all five Council members elect City health coverage at the family tier.

FUNDING AVAILABLE: Necessary funding will be included in each fiscal year budget.

_________________________________
Adele Post
Human Resources Manager

_______________________________
Andrew Keys
Deputy City Manager/Internal Services Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING

BENEFIT MODIFICATIONS FOR COUNCIL MEMBERS AND
RESCINDING RESOLUTION NO. 2021-12
========================================================================

WHEREAS, the Lodi City Council is amending the benefits provided to its City Council Members; and

WHEREAS, the following Schedule of Benefits represents a listing of those benefits:

Benefit Amount
Accidental Death & Dismemberment
Insurance
$10,000; City pays full premium
Chiropractic Coverage Access to coverage through City plan; City pays full premium
Deferred Compensation Participation in any of the plans offered by the City (No City match provided)
Dental Coverage Access to coverage through City plan; City pays full premium
Employee Assistance Program (EAP) Access to coverage through City plan; City pays full premium
Flexible Spending Account (Section 125) Participation in City provided plan Life Insurance $10,000; City pays full premium
Lodi City Employee’s Association (LCEA) Membership in LCEA is available at the Council Member’s cost
Medical Insurance Access to available plans through CalPERS - City contribution capped at $771.35 for
Employee only; $1,542.71 for Employee +1;
and, $2,005.52 for Employee +Family
Medical Insurance Opt-Out If City offered coverage is declined and proof of other group coverage is provided, Council
Member is eligible for payment of $305.22 for
Employee only, $532.92 for Employee + 1;
and $692.81 for Employee + Family coverage
PERS Retirement Optional for Council Members. 2% at 55 for ‘Classic’ employees; 2% at 62 for ‘New’
employees; Council Member pays the full
employee share
Technology Each Council member shall be issued a new
iPad or equivalent device at the beginning of
each 4-year term for official City of Lodi
business use only. At the completion of the
term, the iPad shall be returned to the
Information Technology Manager to be wiped
at which time the Council member may keep
the wiped iPad for personal use.

Travel Insurance-Accidental Death $100,000; City pays full premium Vision Coverage Access to coverage through City plan; City pays full premium
Worker’s Compensation Covered by California Worker’s Compensation program; City pays full premium
NOW, THEREFORE, BE IT RESOLVED, by the City Council that it does hereby approve the benefit modifications for Council Members and rescind resolution 2021-12.

Date: November 16, 2022
========================================================================

I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held November 16, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2022-____
AGENDA ITEM H-07

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Revise the Current Abatement Fee Schedule and Execute Two-Year Professional Services Agreements with 1) Alan Spragg General Construction, 2) Baylor Service, Inc., 3) NorCal Construction, 4) 5 Star Construction, and 5) Jim Thorpe Oil for a Rotating Abatement Contractor List; and Further Authorize the City Manager to Execute Two 2 -Year Extension Options with Each Contractor with the Total Contracts Not to Exceed Six Years or $40,000 Per Year MEETING DATE: November 16, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to revise the current Abatement Fee Schedule and execute two-year Professional Services Agreements with 1) Alan Spragg General Construction, 2) Baylor Service, Inc., 3) NorCal Construction, 4) 5 Star Construction, and 5) Jim Thorpe Oil for a rotating abatement contractor list; and further authorize the City Manager to execute two 2-year extension options with each contractor with the total contracts not to exceed six years or $40,000 per year.

BACKGROUND INFORMATION: On December 20, 2000, the City Council adopted a resolution establishing an Abatement Fee Schedule and Policies and Procedures for Rotating Abatement Contractor Listing. On April 7, 2004 and February 7, 2007, that Abatement Fee Schedule was revised to account for an increase in material cost, namely the cost of plywood board-up material which had changed significantly since the date that the fee schedule was established.

Since its inception, the Abatement Fee Schedule has helped to expedite code enforcement activities requiring the boarding up of vacant, unsecured buildings and the removal of garbage, junk, and debris. In those cases, the owner has failed to voluntarily secure or clean up their properties after having been given due notice. The standardized fees based upon the size of window or door openings have streamlined the abatement process considerably and have ensured that cost assessed against properties are reasonable.

However, since the inception of this fee schedule there has been no adjustments to the labor-related costs associated with either the board-up or lot clean-up abatement activities and the cost of plywood board-up material. Therefore, a property owner facing an abatement action is likely to find that it would be cheaper to have the City do the abatement rather than contracting with someone who would be charging a more current labor rate and cost of materials. While it is appropriate to keep abatement cost within reason, we should not create a condition where there is an incentive for property owners to rely on the City for the abatement of these conditions as that creates a burden and additional workload for Community Improvement personnel, and it is contrary to our desire to achieve voluntary compliance.

The contractors participating in our rotating abatement list have also voiced concern that they cannot continue to participate in our abatement program without an adjustment to the labor-related cost of the fee Abatement Fee Schedule and Service Contracts
November 2, 2022 Regular City Council Meeting

Page 2 of 3 ends

schedule. Those adjustments are noted in the following summary. In addition, the increase in dumping fees and special charges for disposal of materials that are now classified as either household hazardous waste or require special handling at the dump/transfer facility. Staff feels that a review and revision of the current Abatement Fee Schedule, as referenced in Exhibit A, is warranted.

A summary of those revisions is as follows:

Fees for Securing Structures
• Items 1–17 These fees are based upon both the time and the material necessary to board-up and secure the opening. An average adjustment of 40.06% is recommended to accommodate an increase in labor costs in these fees based on a fee analysis done by Engineering News-Record (ENR) from 2008-2021.

Property Clean Ups
• Items 18 & 19 originally differentiated between the cleanup of either junk and debris or weeds and shrubbery with different hourly rates. It has been found during actual clean ups that the abatement of junk and debris is usually done in conjunction with weeds and shrubbery, so it is not practical to have a separate hourly rate for each. An hourly rate of $91 is proposed to be reasonable to accommodate the increase in labor costs based on the fee analysis done by Engineering News- Record (ENR) from 2008-2021.

Miscellaneous Abatement Costs
• Items 20-22 of the fee schedule accommodate the additional costs that are being incurred in the disposal of garbage, junk, and debris in the course of an abatement action. This will represent the actual costs based upon either the quote for equipment rental or the current dump fee schedule.

FISCAL IMPACT: The increase in abatement costs is passed directly to the property owner/responsible party. It is likely that the increase in these abatement costs will act as an incentive for voluntary compliance, thereby reducing the amount of abatement funds expended each year.

FUNDING AVAILABLE: 10061000.72450
________________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
John R. Della Monica, Jr.

Community Development Director
Attachment:

EXHIBIT A: Abatement Fee Schedule for Rotating Contractor List Abatement Fee Schedule and Service Contracts
November 2, 2022 Regular City Council Meeting

Page 3 of 3 ends

EXHIBIT A

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ABATEMENT FEE SCHEDULE FOR ROTATING CONTRACTOR LIST
(November 2022)
ITEM # ITEM DESCRIPTION Current Fee Proposed Fee
Engineering News Record –
Fee analysis 2008-2021

SECURING STRUCTURES

1. Plywood Board-Up, Door, 4'x8' $95 $133.00

2. Plywood Board-Up, Double Door, 8'x8' $200 $280.00

3. Plywood Board-Up, Window, <2'6"x 4' $65 $91.00

4. Plywood Board-Up, Window, <4'x4' $75 $105.00

5. Plywood Board-Up, Window, <4'x6' $85 $119.00

6. Plywood Board-Up, Window, <4'x8' $95 $133.00

7. Plywood Board-Up, Window, <8'x8' $200 $280.00

8. Plywood Board-Up, Crawl Space Opening $65 $91.00

9. Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$250 $350.00

10. Replace Single Car Garage Door $450 $630.00

11. Replace Double Car Garage Door $700 $980.00

12. Replace Sliding Glass Door, 6' $400 $560.00

13. Replace Wood Basement Door, 6'x5' $200 $280.00

14. Replace Front Double Wood Entry Doors $500 $700.00

15. Replace Garage Pedestrian Door $200 $280.00

16. Replace Under Floor Vents $50 $70.00

17. Replace Attic Vents $50 $70.00

PROPERTY CLEAN UPS

18. Remove Garbage, Junk, and Debris (hourly rate) $65 $91.00

19. Remove Weeds and Shrubbery (hourly rate) $65 $91.00

MISCELLANEOUS ABATEMENT COSTS

20. Equipment Rental Costs (per quote)

21. Standard Dump Fees (based upon actual costs)

22. Additional Dump Fees (based upon actual costs)

1 AGREEMENT FOR PROFESSIONAL SERVICES

ARTICLE 1

PARTIES AND PURPOSE

Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and ROY ALAN SPRAGG, doing business as ALAN SPRAGG AND ASSOCIATES (hereinafter “CONTRACTOR”).

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.

CITY wishes to enter into a n agreement with CONTRACTOR for ROTATING ABATEMENT CONTRACTOR SERVICES (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.

ARTICLE 2

SCOPE OF SERVICES

Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. 2 Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.

Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform all s ervices within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.

Section 2.6 Term
The term of this Agreement commences on July 1, 2022 and terminates upon the completion of the Scope of Services or on June 30, 2024, whichever occurs first.

Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of th is Agreement for an additional two (2) , two (2)-year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragra ph, all other terms and conditions of this Agreement continue and remain in full force and effect.

The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years.
3 ARTICLE 3

COMPENSATION

Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and i ncorporated by this reference.

CONTRACTOR shall not undertake any work beyond the scop e of this Agreement unless such additional work is approved in advance and in writing by CITY.

Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, det ails as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Servi ces shall be approved in advanced and in writing, by CITY.

Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspectin g and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

4 ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.

Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to th e fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs ), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers . CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any m aterial or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreem ent, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agree ment without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight deliver y, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Dennis Canright

To CONTRACTOR: Alan Spragg and Associates
1238 Princess Drive
Stockton, CA 95209
Attn: Roy Alan Spragg

Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.

Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the 6 services and work to be performed hereunder. CITY, however, retains the right to r equire that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) da ys written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR agrees to maint ain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marke d by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR.

CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Ag reement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 7 Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement ma y not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.

Should any inconsistency occur between the specific terms of th is Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement , shall be deemed the property of CITY.

Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.

Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.

EXHIBIT A & B

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ROTATING ABATEMENT CONTRACTOR LIST

SCOPE OF WORK

The Scope of Work shall include, but is not limited to, code enforcement activities requiring the boarding up of vacant, unsecured buildings, the removal of garbage, junk, and debris, weed abatement, and demolition on an as-needed basis.

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ROTATING ABATEMENT CONTRACTOR LIST

FEE SCHEDULE

ITEM # ITEM DESCRIPTION Proposed Fee
Engineering News Record – Fee
analysis 2008-2021

SECURING STRUCTURES

1. Plywood Board-Up, Door, 4'x8' $133.00

2. Plywood Board-Up, Double Door, 8'x8' $280.00

3. Plywood Board-Up, Window, <2'6"x 4' $91.00

4. Plywood Board-Up, Window, <4'x4' $105.00

5. Plywood Board-Up, Window, <4'x6' $119.00

6. Plywood Board-Up, Window, <4'x8' $133.00

7. Plywood Board-Up, Window, <8'x8' $280.00

8. Plywood Board-Up, Crawl Space Opening $91.00

9. Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00

10. Replace Single Car Garage Door $630.00

11. Replace Double Car Garage Door $980.00

12. Replace Sliding Glass Door, 6' $560.00

13. Replace Wood Basement Door, 6'x5' $280.00

14. Replace Front Double Wood Entry Doors $700.00

15. Replace Garage Pedestrian Door $280.00

16. Replace Under Floor Vents $70.00

17. Replace Attic Vents $70.00

PROPERTY CLEAN UPS

18. Remove Garbage, Junk, and Debris (hourly rate) $91.00

19. Remove Weeds and Shrubbery (hourly rate) $91.00

MISCELLANEOUS ABATEMENT COSTS

20. Equipment Rental Costs (per quote)

21. Standard Dump Fees (based upon actual costs)

22. Additional Dump Fees (based upon actual costs)

Page 1 ends

EXHIBIT C

NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically

Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a g eneral aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions:

(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used

(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer

NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.

(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.

(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.

Page 2 ends

(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).

(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.

(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.

(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance describe d herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.

(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors

(l) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.

1 AGREEMENT FOR PROFESSIONAL SERVICES

ARTICLE 1

PARTIES AND PURPOSE

Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and BAYLOR SERVICES, INC., a California Corporation (hereinafter “CONTRACTOR”).

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.

ARTICLE 2

SCOPE OF SERVICES

Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section 2.6 Term
The term of this Agreement commences on July 1, 2022 and terminates upon the completion of the Scope of Services or on June 30, 2024, whichever occurs first.

Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement f or an additional two (2) , two (2)-year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect.

The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years.
3 ARTICLE 3

COMPENSATION

CONTRACTOR shall not undertake any work beyond the scope of this Agre ement unless such additional work is approved in advance and in writing by CITY.

Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amo unt of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be a pproved in advanced and in writing, by CITY.

Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated rep resentative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

4 ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest exte nt permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs ), ari sing out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defen se, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The de fense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or par ts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without t he written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice requ ired to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Dennis Canright

To CONTRACTOR: Baylor Services, Inc.

P.O. Box 499
Lockeford, CA 95237
Attn: Daryl Baylor

Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely m anner in providing relevant information it has at its disposal relevant to the Scope of Services.

Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the 6 services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where p hases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as s et forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confide ntial” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR.

CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflic t with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding th is Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.

Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

EXHIBIT A & B

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ROTATING ABATEMENT CONTRACTOR LIST

SCOPE OF WORK

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ROTATING ABATEMENT CONTRACTOR LIST

FEE SCHEDULE

ITEM # ITEM DESCRIPTION Proposed Fee
Engineering News Record – Fee
analysis 2008-2021

SECURING STRUCTURES

1. Plywood Board-Up, Door, 4'x8' $133.00

2. Plywood Board-Up, Double Door, 8'x8' $280.00

3. Plywood Board-Up, Window, <2'6"x 4' $91.00

4. Plywood Board-Up, Window, <4'x4' $105.00

5. Plywood Board-Up, Window, <4'x6' $119.00

6. Plywood Board-Up, Window, <4'x8' $133.00

7. Plywood Board-Up, Window, <8'x8' $280.00

8. Plywood Board-Up, Crawl Space Opening $91.00

9. Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00

10. Replace Single Car Garage Door $630.00

11. Replace Double Car Garage Door $980.00

12. Replace Sliding Glass Door, 6' $560.00

13. Replace Wood Basement Door, 6'x5' $280.00

14. Replace Front Double Wood Entry Doors $700.00

15. Replace Garage Pedestrian Door $280.00

16. Replace Under Floor Vents $70.00

17. Replace Attic Vents $70.00

PROPERTY CLEAN UPS

18. Remove Garbage, Junk, and Debris (hourly rate) $91.00

19. Remove Weeds and Shrubbery (hourly rate) $91.00

MISCELLANEOUS ABATEMENT COSTS

20. Equipment Rental Costs (per quote)

21. Standard Dump Fees (based upon actual costs)

22. Additional Dump Fees (based upon actual costs)

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EXHIBIT C

Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

Other Insurance Provisions:

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1 AGREEMENT FOR PROFESSIONAL SERVICES

ARTICLE 1

PARTIES AND PURPOSE

Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and DON DAVIS, doing business as NORCAL CONSTRUCTION (hereinafter “CONTRACTOR”).

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.

ARTICLE 2

SCOPE OF SERVICES

Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval o f all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform all services withi n the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section 2.6 Term
The term of this Agreement commences on July 1, 2022 and terminates upon the completion of the Scope of Services or on June 30, 2024, whichever occurs first.

Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two (2) , two (2)-year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect.

The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years.
3 ARTICLE 3

COMPENSATION

CONTRACTOR shall not undertake any work beyond the scope of this Agr eement unless such additional work is approved in advance and in writing by CITY.

Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to am ount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.

Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated re presentative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

4 ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest ext ent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs ), ar ising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defe nse, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The d efense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or pa rts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice req uired to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Dennis Canright

To CONTRACTOR: NorCal Construction
PO Box 692004
Stockton, CA 95269
Attn: Don Davis

Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.

Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an indep endent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the 6 services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set fo rth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential ” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR.

CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict wit h applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Ag reement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.

Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shal l be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.

Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Trans it Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.

EXHIBIT A & B

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ROTATING ABATEMENT CONTRACTOR LIST

SCOPE OF WORK

CITY OF LODI

COMMUNITY DEVELOPMENT DEPARTMENT

ROTATING ABATEMENT CONTRACTOR LIST

FEE SCHEDULE

ITEM # ITEM DESCRIPTION Proposed Fee
Engineering News Record – Fee
analysis 2008-2021

SECURING STRUCTURES

1. Plywood Board-Up, Door, 4'x8' $133.00

2. Plywood Board-Up, Double Door, 8'x8' $280.00

3. Plywood Board-Up, Window, <2'6"x 4' $91.00

4. Plywood Board-Up, Window, <4'x4' $105.00

5. Plywood Board-Up, Window, <4'x6' $119.00

6. Plywood Board-Up, Window, <4'x8' $133.00

7. Plywood Board-Up, Window, <8'x8' $280.00

8. Plywood Board-Up, Crawl Space Opening $91.00

9. Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00

10. Replace Single Car Garage Door $630.00

11. Replace Double Car Garage Door $980.00

12. Replace Sliding Glass Door, 6' $560.00

13. Replace Wood Basement Door, 6'x5' $280.00

14. Replace Front Double Wood Entry Doors $700.00

15. Replace Garage Pedestrian Door $280.00

16. Replace Under Floor Vents $70.00

17. Replace Attic Vents $70.00

PROPERTY CLEAN UPS

18. Remove Garbage, Junk, and Debris (hourly rate) $91.00

19. Remove Weeds and Shrubbery (hourly rate) $91.00

MISCELLANEOUS ABATEMENT COSTS

20. Equipment Rental Costs (per quote)

21. Standard Dump Fees (based upon actual costs)

22. Additional Dump Fees (based upon actual costs)

Page 1 ends

Lodi City CouncilNovember 16, 2022

Lodi City Council
November 16, 2022