AGENDA TITLE:
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Public Hearing to Consider Waiving the First Reading and Introducing an Ordinance Amending Lodi Municipal Code Title 15 (Buildings and Construction) by Adding Chapter 15.69 (Agricultural Mitigation Fee) (Applicant: City of Lodi; CEQA Status: Exempt Pursuant to Section 15061(b)(3) - General Rule Exemption, and Section 15378 - Not a Project) (CD)
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MEETING DATE:
November 18, 2026
PREPARED BY:
Cynthia Marsh, Community Development Deputy Director / City Planner
recommendation
RECOMMENDED ACTION:
Conduct a public hearing and consider waiving the first reading and introducing an ordinance amending Lodi Municipal Code Title 15 (Buildings and Construction) by adding Chapter 15.69 (Agricultural Mitigation Fee).
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BACKGROUND INFORMATION:
On October 21, 2026, the City Council considered the Phase 4 Development Code Amendments, which included proposed Chapter 15.69 (Agricultural Mitigation). In response to concerns raised by the Building Industry Association (BIA) and Lodi Chamber of Commerce, the Council directed staff to separate Chapter 15.69 from the remaining amendments and return on November 4, 2026, for additional discussion.
At the November 4 meeting, staff presented a PowerPoint outlining the City's existing agricultural conservation policies, the distinction between agricultural and habitat mitigation, and the flexibility provided by the proposed ordinance.
Staff explained that the City's General Plan establishes a minimum 1:1 agricultural preservation standard, requiring one acre of farmland to be preserved for each qualifying acre converted to urban use. General Plan Policies C-P11 through C-P15 establish the framework for an agricultural conservation program, including mitigation fees, permanent conservation easements, and preservation of important farmland.
The presentation also clarified that agricultural and habitat mitigation address separate environmental impacts under the California Environmental Quality Act (CEQA). Agricultural mitigation addresses the permanent conversion of farmland, while habitat mitigation addresses impacts to biological resources. Although qualifying conservation easements may potentially satisfy both programs, payment of habitat mitigation fees does not automatically satisfy the City's agricultural mitigation requirements.
Staff further explained that proposed Chapter 15.69 provides several compliance options, including payment of a fee, direct preservation of qualifying farmland through conservation easements, or an approved combination of methods. The ordinance also allows phased compliance, alternative payment schedules with appropriate assurances, and consideration of existing habitat conservation easements for agricultural mitigation credit, subject to City approval. Compliance generally occurs at building permit issuance rather than annexation.
During public comment, John Beckman, representing the BIA, and Steve Mayo, Program Manager for the San Joaquin Council of Governments' habitat conservation program, addressed the Council. Following public testimony, questions, and clarification regarding the separate mitigation programs and available compliance options, the Council directed staff to proceed with the ordinance as drafted.
Accordingly, proposed Chapter 15.69 is returning for formal consideration and introduction. The ordinance implements the City's existing General Plan agricultural conservation policies while providing flexibility for development projects to satisfy the requirements.
Following adoption of the ordinance, staff will complete the necessary nexus study and return to Council with a proposed agricultural mitigation fee program and any necessary implementing amendments.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.