City of Lodi - File #: 24-476

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AGENDA TITLE:

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Public Hearing to Consider Adopting a Resolution to Amend the General Plan to Adopt the Environmental Justice Element and Amend the Safety and Conservation Elements (CD)

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MEETING DATE:

December 4, 2024

PREPARED BY:

Cynthia Marsh, Deputy Director / City Planner

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RECOMMENDED ACTION:

Public hearing to consider adopting a resolution to amend the General Plan to adopt the Environmental Justice Element and Amend the Safety and Conservation Elements

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BACKGROUND INFORMATION:

In April 2024, the City of Lodi was one of a few jurisdictions to have its 6th Cycle Housing Element certified by the State within the statutory review period. With the Housing Element update complete, California law requires that the Safety and Conservation Elements of a General Plan be updated as well. State law requires cities with disadvantaged communities, like Lodi, to identify environmental justice policies whenever two or more elements are adopted or updated concurrently. Since the City of Lodi updated its Housing Element, triggering Safety Element and Conservation Element updates as part of the Housing Element update process, the City is adopting a new Environmental Justice Element to be in compliance with State law. On November 13, 2024, the Planning Commission held a public hearing and recommended the City Council adopt the Environmental Justice Element and amend the Safety and Conservation Elements (Resolution 24-23).

In accordance with State Law, Lodi may change each element of its General Plan four times during each calendar year. The three proposed amendments will be counted as one of the four allowable amendments for the 2024 calendar year.

SAFETY ELEMENT

The Safety Element is one of the required elements of the General Plan. The purpose of the Safety Element is to reduce the risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, drought, earthquakes, landslides, climate change, and other potential hazards in the community. The Safety Element identifies potential risks to community safety and establishes policies and programs to protect the community from those risks. Topics addressed in the Safety Element include evacuation routes, flood and fire hazards, emergency shelters, emergency response services, and emergency communication programs.

As part of the Safety Element update, Housing Element consultant Mintier Harnish relied on sub-consultant Rincon (along with Community Development, Public Works, Police and Fire Departments) to prepare an evacuation analysis to assist the City in meeting the requirements of Assembly Bill (AB) 747 (Chp. 681, 2019). AB 747 requires that the Safety Element be reviewed and updated to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. This is a requirement for all safety elements or updates to a hazard mitigation plan completed after January of 2022.

In addition, Government Code §65302, as amended by Senate Bill (SB) 379 (Chp. 608, 2015), requires cities and counties across California to prepare a Climate Change Vulnerability Assessment, starting in 2022, that informs updates to the Safety Element. Rincon was contracted to prepare this assessment. Understanding Lodi’s vulnerabilities to climate change provides a foundation to develop required climate adaptation goals, policies, and implementation programs for the Safety Element. This assessment established a foundation for identifying adaptation policies and programs that can increase resilience in the city. The Lodi Safety and Environmental Justice Elements include policies and programs to increase the resilience of the population groups and asset categories with the highest vulnerability to climate change.

Goals and Policies

Guiding policies of the Safety Element include:

• Ensure a high level of public health and safety.

• Prevent loss of lives, injury, illness, and property damage due to flooding, hazardous materials, seismic and geological hazards, and fire.

• Protect the public from disasters and provide guidance and response in the event a disaster or emergency.

• Minimize vulnerability of infrastructure and water supply and distribution systems.

• Adequately prepare for climate change-related hazards, including but not limited to extreme heat, extended drought, more frequent and severe flooding, extreme weather, and air quality declines.

Examples of implementing policies in the Safety Element listed below relate to Flooding and Drainage, Hazardous Materials and Operations, Seismic and Geologic Hazards, Fire Hazards, Emergency Management and Evacuation, and Climate Change Governance Capacity. Because updates to the Safety Element were targeted to address evacuation routes, flood and fire hazards, emergency shelters, emergency response services, and emergency communication programs, the majority of implementing policies have already been adopted by the City:

• Development restrictions related to flood zones.

• Standards related to stormwater management and groundwater recharge.

• Regulate the production, use, storage, and transport of hazardous materials.

• Require soils reports for new projects and use the information to determine appropriate permitting requirements, if deemed necessary.

• Require new development to include grading and erosion control plans prepared by a qualified engineer or land surveyor.

• Participate in mutual aid agreements and regional efforts to mitigate and adapt to future fire risks.

• Maintain and periodically update the City’s Emergency Preparedness Plan, including review of County and State emergency response procedures that must be coordinated with City procedures.

• Develop communication plan to provide information regarding primary and secondary evacuation routes and incidents to the public.

• Identify opportunities and update the City’s Landscape Manual to increase urban tree canopy and maintenance projects in coordination with existing efforts.

• Encourage weatherization retrofits of private properties and retrofit all critical facilities with adequate cooling and air filtration in conjunction with the Lodi Climate Action Plan.

• Improve energy resilience within Lodi and provide backup power for the community, engage in infrastructure development and retrofits.

• Partner with community-based organizations to engage the community on hazard preparedness and climate change education.

• Broaden the functions of Lodi’s Cooling Centers to address a greater variety of needs by facilitating health, food, medical, and emergency services during climate hazards such as extreme heat events, flooding, drought, and poor air quality events.

CONSERVATION ELEMENT

The Conservation Element establishes goals and policies for the preservation, enhancement, and management of a jurisdiction’s natural resources. Lodi’s Conservation Element addresses agricultural and soil resources, biological resources, cultural and historic resources, hydrology and water quality, energy and climate change, and air quality.

The Conservation Element is being updated in conjunction with the Safety Element to identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management, which are covered in the Safety Element.

ENVIRONMENTAL JUSTICE ELEMENT

Environmental justice is the response to the tendency of low-income and racial minority communities bearing a disproportionate burden of hazardous or degraded environments (e.g., freeways, landfills, hazardous waste facilities, poor working conditions) than the general population. Historically, this is due to a lack of meaningful opportunities for these communities to participate in the planning process, sometimes leading to discriminatory practices, such as redlining, that have segregated communities and pushed low-income and racial minority populations to areas with poor air quality, pollution, and other health hazards. Environmental justice policies and programs work to overcome these trends and undo the effects of discrimination in land use decisions.

In 2016, the California Legislature passed Senate Bill (SB) 1000 (Chp. 587, 2016) requiring cities and counties that have disadvantaged communities to incorporate environmental justice goals, policies, and objectives into their general plans with the next revision of the Housing Element. The purpose of this legislation is to address the “unique or compounded health risks” in disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving overall health. State law requires general plans to address the following topics in disadvantaged communities:

• Pollution exposure (including air quality)

• Public facility access

• Food access

• Safe and sanitary housing

• Physical activity and recreational opportunities

• Unique compounded health risks

• Community engagement in the public-decision making process

Cities and counties can incorporate environmental justice policies into their general plans either in a standalone Environmental Justice Element or by including relevant environmental justice policies into existing General Plan Elements. As part of the Housing Element and General Plan Updates, the City of Lodi has drafted a standalone Environmental Justice Element.

The location, quality, and affordability of housing play an important role in addressing environmental justice goals and policies and promoting positive health outcomes for disadvantaged communities. Through the Housing Element Update the City has an opportunity to plan housing near transit, public facilities, and recreation, and work to overcome concentrations of lower income populations in areas with hazardous or degraded environmental conditions. Additionally, the Housing Element can address issues faced by disadvantaged communities, such as substandard housing, displacement, and homelessness, through policies and programs that promote safe, secure, and affordable housing for all residents throughout the community.

“Disadvantaged Communities” are defined by California State Law as (1) “an area identified by the California Environmental Protection Agency (CalEPA) pursuant to Section 39711 of the Health and Safety code;” or (2) “a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation” pursuant to California Government Code Section 650302(h)(4)(A).

CalEnviroScreen 4.0 is a screening tool developed by the California Office of Environmental Health Hazard Assessment (OEHHA) and is the primary screening tool used by the California Environmental Protection Agency (CalEPA) to identify disadvantaged communities in California. CalEnviroScreen uses 21 indicators to assess pollution burdens and population vulnerabilities for each census tract in California and assigns a score for each indicator. The higher the score, the more that census tract is impacted by that indicator. Individual indicator scores are then summarized into two primary metrics: pollution burden and population characteristics, which are together calculated to determine an overall CalEnviroScreen score. Census tracts in the top 25 percent of overall CalEnviroScreen scores (percentile scores between 75 and 100) are identified as disadvantaged communities by the CalEPA. Figure 1 shows overall CalEnviroScreen 4.0 scores in Lodi.

Figure 1

In 2012, Senate Bill (SB) 535 (Chp. 830, 2012) tasked the CalEPA with identifying disadvantaged communities. Disadvantaged communities in California are targeted for investments from State funding to improve public health, quality of life, and economic opportunity. In 2022, the CalEPA updated its designation of disadvantaged communities based on the following four criteria: 1. Census tracts receiving the highest 25 percent of overall scores in CalEnviroScreen 4.0 2. Census tracts lacking overall scores in CalEnviroScreen 4.0 due to data gaps, but receiving the highest five percent of CalEnviroScreen 4.0 cumulative pollution burden scores 3. Census tracts identified in the 2017 Disadvantaged Community designation as “disadvantaged,” regardless of their scores in CalEnviroScreen 4.0 4. Lands under the control of federally recognized Tribes Figure 2 shows census tracts in Lodi identified as disadvantaged communities under the 2022 SB 535 designation criteria by the CalEPA.

Figure 2

Based on the established methodology, Lodi Community of Focus encompasses approximately four-square miles on the east side of Lodi adjacent to the railroad tracks and State Route 99. As shown in Figure 2, the Community of Focus includes the following census tracts:

• Tract 43.08 (607 700 4308)

• Tract 44.03 (607 700 4403)

• Tract 44.04 (607 700 4404)

• Tract 45.01 (607 700 4501)

• Tract 45.02 (607 700 4502)

Goals and Policies

It is the overall goal of the Environmental Justice Element ensure that improvements and programs that address the needs of the City’s Community of Focus (disadvantaged community) are given priority. While all of the goals, policies, and programs of the Element apply to all residents, priority for actions are required to be given to those projects and programs that would fulfill the needs of those residents living in the Community of Focus. While these goals and policies are new to the Environmental Justice Element, many of them are already in progress, or have already been implemented.

Examples include:

• Minimize heavy truck traffic near residential areas to reduce pollution exposure.

• Encourage the San Joaquin County Agricultural Commissioner’s Office to provide pesticide use education to raise awareness about the potential health impacts from pesticide use and process to report pesticide violations.

• Require new sensitive land uses and/or industrial and commercial land uses to incorporate setbacks, barriers, landscaping, or other design and development standards as necessary to minimize pollution exposure.

• Expand and improve public transportation services and infrastructure, where appropriate, to encourage multi-modal transit use and reduce air pollution.

• Encourage the provision of safe, convenient opportunities to access healthy food products particularly in the Community of Focus.

• Support Statewide efforts to expand usage of food assistance benefits (e.g., CalFresh and Market Watch) at farmers’ markets and community supported agriculture sources.

• Support the Lodi Farmers' Market with the goal of having a year-round farmers’ market.

• Promote physical activity programs and education programs offered to residents and encourage residents to regularly participate in physical activity and active lifestyles.

• Encourage safety at roadway crossings through the addition of pedestrian safety improvements and traffic calming measures.

• Continue to coordinate with the San Joaquin County Public Health Services, California Department of Transportation (Caltrans), and other public agencies during master planning efforts to identify and integrate design elements into land use plans that encourage physical activity and pollution exposure reduction measures.

• Strive to make public meetings, notices, and education materials available online and in-person and accessible to all Lodi neighborhoods.

• Provide translation and interpretation services at public meetings on issues affecting populations whose primary language is not English. Translation time should not be taken from the person’s time limit for comments.

• Partner with appropriate organizations (e.g., community-based, faith-based, advocacy, and service) that have built relationships, trust, and cultural competency to conduct meaningful outreach for relevant planning initiatives and environmental justice issues.

• Encourage the use of park spaces for community events and activities, hosted by local businesses and organizations.

• Strive to maintain and improve recreational facilities with adequate lighting, signage, hours of operation and programs representative of the multicultural needs and income levels of the community.

• Promote awareness of City regulations and enforcement measures citywide to improve unsafe and unsanitary conditions, focusing on trash and dumping, overcrowded housing, maintenance of older homes, unpermitted garage conversions, graffiti, and lack of building and yard maintenance.

• Review new development projects for natural surveillance design techniques and apply proven best practices in urban planning for crime reduction.

PUBLIC OUTREACH

A key principle of environmental justice is engaging the residents most impacted by pollution burden and other environmental justice factors. With the assistance of consultants Mintier Harnish and Rincon, the City of Lodi kicked off its 6th Cycle Housing Element and targeted General Plan Elements update in January 2023. As part of the Housing Element update process, the City implemented the State’s public participation requirements in Housing Element law. However, being the City’s first Environmental Justice Element and housing plan centered on racial and social equity, the need was clear for robust public participation that went above and beyond State requirements. City planning staff worked with the consultants to develop a strong community engagement program tailored to ensure the community and other stakeholders were able to engage in the process and given ample opportunities to provide input.

The updated effort utilized a variety of outreach and engagement tools to ensure participation was diverse and inclusive to reach residents throughout Lodi; all materials and events were offered in multiple languages to ensure access to information. Given the plan update’s focus on racial and social equity, outreach and engagement emphasized reaching communities that had not been as actively engaged in previous Housing Element and General Plan Element updates and elevate those voices.

The key objective of the community engagement program was to maximize opportunities for everyone interested in the update effort to participate. The engagement program included branding, a project website - www.planlodi.com <http://www.planlodi.com>, newsletters and e-blasts, announcements on the City website and social media, flyers, multiple community workshops, utility bill mailers, pop up events at the Farmer’s Market, physical and online surveys, Housing Technical Advisory Committee meetings, interviews, coordination with local CBOs, and Planning Commission and City Council study sessions and hearings. The draft documents were also routed and reviewed by relevant city departments and referred to outside agencies.

The webpage provided access to information, including information about workshops, surveys, and events. Documents were posted and comments encouraged through the provided "Comments" button. A link on the website allowed residents to sign up for the email list. To enhance accessibility, the website included a built-in translator to convert the website to Spanish and provided a range of accessibility tools to enhance website accessibility in compliance with the Americans with Disabilities Act (ADA).

During the Housing and General Plan Element Updates, two newsletters were developed and distributed. The newsletters were designed to give the community a better understanding of the Update process.

The City sent multiple e-blasts to announce events and release of project related documents. The 267-subscriber email list included contacts at local agencies and organizations representing lower-income community members, seniors, and residents with special housing needs.

One-on-one interviews were conducted with local housing developers, agencies, and housing and community health advocates. Input received during these interviews provided context on housing needs and constraints.

The City distributed flyers in both English and Spanish to community organizations and stakeholders and had flyers available at City Hall and other government buildings.

In May 2023, a flyer was sent in both English and Spanish with the monthly utility bill to all residents, informing them of three scheduled community outreach events. The flyer included event information, a brief description of the project, and City staff contact information.

The City partnered with the non-profit California Human Development (CHD). CHD has a Lodi office that provides services to low-income communities, farmworkers, and immigrant populations in Lodi. The City provided information and materials to CHD to distribute to individuals who visited their office and attended events and meetings. One outreach event was held at CHD’s monthly public meeting, where hotdogs and drinks were served. The meeting was held entirely in Spanish with a translator.

The E.J. Community Survey was available online in summer 2023 in both English and Spanish. The survey was divided into E.J. topic areas with the goal of understanding lived experiences of community members related to each topic area. Each section had questions that were either multiple choice or interactive mapping questions with a total of 18 questions. Although the survey was optimized for online participation, printed versions of the survey were available in-person.

A total of 214 survey responses with meaningful data were gathered while the survey was available online. The English survey received 172 responses, and the Spanish survey received 42 responses. The survey asked participants to identify where they live in Lodi by selecting one of five areas provided on a map.

On June 6, 2023, the City facilitated a community workshop at the LOEL Senior Center. Twenty-seven members of the public attended along with five City staff members (one of which provided live Spanish translation), and two members from the City’s consultant team. The workshop included a presentation, informative posters, and an interactive activity. During the workshop, attendees were also encouraged to complete the E.J. Survey.

The workshop included stations set up around the room. One station included a two-column grid with several blank rows with one column titled “An issue I experience related to <insert topic> in my neighborhood is…” and the other column titled "I would solve this issue by…”. Participants were asked to identify and write an issue in the first column and propose a solution in the second column. Participants were encouraged to discuss with each other and build off other issues and/or solutions identified by other participants. Members of City staff and the consultant team were available to answer questions or brainstorm solutions with participants.

The City facilitated multiple “pop-up” booths at the Lodi Farmer’s Market. During one of the pop-up events, community members were provided with an overview of environmental justice topics. The booth consisted of an environmental justice overview poster and an interactive activity. All booth materials and activities were available in both English and Spanish.

The community booth activity encouraged participants to identify issues in Lodi related to environmental justice topic areas and solutions. The activity was framed around the concept of being “Mayor for the Day.” Participants were asked if they were mayor for the day, what issue related to the environmental justice topics would they seek to solve. Participants were given an index card to write down the problem and corresponding solution. City staff and consultant team members were available to answer questions, brainstorm ideas, and help.

In addition to the activity, attendees had the opportunity to take the Environmental Justice Community Survey. Hard copy surveys were available in both English and Spanish, as well as business cards with a QR code to the online survey. Over 40 people attended the pop-up booth over the course of three hours, resulting in 24 activity cards and eight completed surveys.

The public review draft of the Environmental Justice, Safety, and Conservation Elements were posted on www.planlodi.com <http://www.planlodi.com> in late September 2024. Comments may be submitted via the website comment portal or to the Community Development Department’s Planning Division through October 2024.

STRATEGIC VISION:

4C. Housing: Continued progress towards Regional Housing Needs Assessment goals.

FISCAL IMPACT:

Not applicable.

FUNDING AVAILABLE:

Not applicable.

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John Della Monica

Community Development Director

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Scott R. Carney

City Manager

Legislation Details