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Home My WebLink AboutMINUTES - 10071997 - D5 S A Contra TO: BOARD OF SUPERVISORS s Costa srq_cSuc+`� FROM. DENNIS M. BARRY, AICP County INTERIM COMMUNITY DEVELOPMENT DIRECTOR DATE: October 7, 1997 SUBJECT: Right-to-Farm Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Determine that the ordinance as proposed is not defined as a project per Section 15061(b)(3) of the California Environmental Quality Act; it can be seen with certainty, that there is no possibility that adoption could have a significant impact on the environment. 2. Approve the ordinance, attached as Exhibit 1 , with the staff suggested changes. 3. Introduce the Ordinance, giving effect, and set October 14, 1997 for adoption. 4. Direct the Interim Community Development Director to post the Notice of Exemption. CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE " , l RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM1 7 APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 7, 1997 APPROVED AS RECOMMENDED — OTHER x Please See Addendum (Attached) for a list of speakers and Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT Dist. III ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Chamberlain (510/335-1213) ATTESTED October 7, 1997 Orig: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF cc: Agricultural Commissioner THE BOARD OF SUPERVISORS County Administrator AND CO ADMINIST R .Agricultural Task Force County Counsel - Ed Meyer, Agricultural Commissioner Christine Wa4fer DJC/dc JAdebbie/rightfarm Right-to-Farm Ordinance October 7, 1997 Page 2 FISCAL IMPACT This was a Board-initiated project which the major costs of ordinance development have already been absorbed. Additional costs remaining are associated with implementation of the ordinance, including publishing the required disclosure notice in local newspapers within Contra Costa County. Staff's proposal to eliminate the grievance committee and include language for a reconciliation process as found within the TOV Combining District Ordinance §816-2-8 will eliminate any future implementation costs. CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") An action is not subject to CEQA if it can be seen with certainty that the action as proposed does :not have the potential for .causing a significant impact on .the environment. (§15061(b)(3)). The implementation of the Right to Farm Ordinance does not regulate the use of land or authorize any use that is not currently ongoing. The purpose of the Ordinance as defined in §820-2.004 is to (1) "enhance and encourage agricultural operations within the County" and "provide to it's residents proper notification of the County's recognition and support..." of agricultural uses; (2) "prevent the loss to the County of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered"; and (3) provide notification to "purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residential use". As proposed, it can be seen with certainty, the ordinance has no potential for causing a significant impact on the environment, because it has no potential to create any physical change in the environment. BACKGROUND/REASONS FOR RECOMMENDATIONS In January 1991 and as amended in June 1996, the County General Plan was approved by the Board. That comprehensive planning document included a number of goals, policies and measures aimed at preserving and enhancing the economic viability of agricultural throughout the County. In the Spring 1991, the Board of Supervisors established an Agricultural Task Force to be an advisory body to the Board on agricultural issues. Among its charges, the group was to develop a county wide right-to-farm ordinance. The result of the Task Force's efforts concerning this issue are reflected in the draft ordinance included with this Board Order which was completed in February 1993. Staff Proposed Modifications A. Disclosure Methods Exhibit 1 to this Board Order includes modifications to address comments raised by the Federal Aviation Administration following consultation with their legal counsel. Additionally, staff was unable to suggest a source of funding for a disclosure method to residents as a part of annual tax bill mail by the tax collector. Chapter 820-6 proposes three methods of notification to reduce costs to the County and ensure that the majority of county residents are notified: (1) publish a one-time, 1/8- page newspaper ad(s) in newspapers of general circulation throughout the County; (2) provide administrative direction, to include on any discretionary land use entitlement (e.g. subdivisions, parcel maps and land use permits) for uses on agricultural land the disclosure statement as provided for in section 820-6.002(2). (the disclosure statement is only intended to be informational and not intended to regulate the use of the property); and (3) disclosure to home buyers as described Right-to-Farm Ordinance October 7, 1997 Page 3 in section 820-6.006. With these three methods of disclosure, adequate notification would be provided to County residents. B. Resolution Disputes/Arbitration Chapter 820-8 provides for "Resolution of Disputes". The ordinance defines a grievance committee, the make-up of the committee, including the Agricultural Commissioner, it roles and responsibilities and requiring costs to be borne by the participants. Staff has two concerns with section 820-8.002. It is not clear if the Board of Supervisors has any statutory authority to levy a fee to recover cost of the grievance committee as required by section 820-8.002(8). It could be difficult to demonstrate a clear nexus between the farming activities, for example, and the public purpose to, be served by.the committee. If the individuals are willing to serve without compensation and funding could be identified for the-agricultural commissioner's duties, then the reference to fees could be deleted. To that end, staff is proposing an alternative to the grievance committee. Section 816-2.8 of the TOV Combining District provides for a reconciliation process to allow the two parties to reach a mutually agreeable solution to the identified dispute(s). The process would require written notification to the responsible party followed by personal discussions, if possible to attempt to reach a mutually agreeable solution. If the initial reconciliation process fails, then the parties may elect binding arbitration pursuant to section 820- 8.004 of the Right-to-Farm Ordinance. The ordinance further provides that if any grievance is not resolved by the committee, or with the staff proposed reconciliation process, then the parties may enter into an arbitration agreement in accordance with the Code of Civil Procedure (see §820-8.004). D.5 ADDENDUM Item D.5 October 7, 1997 Dennis Barry, Interim Community Development Director, provided an overview of the attached Board order and withdrew staff modification (B) as listed on Page 3. Edward Meyer, Agricultural Commissioner-Director of Weights and Measures, spoke in support of the proposed ordinance and requested that the Board consider reinstating the grievance committee process into the ordinance. Mr. Meyer advised that the potential costs associated with a grievance committee to resolve disputes would be cost effective by comparison to the costs associated with responding to continuing disputes. The Board member discussed the issues and then Chairman DeSaulnier invited the public to comment on the issues. The following persons spoke: Dennis Pisila, Contra Costa Water District (CCWD), 1331 Concord Avenue, Concord; Sarah Mora, Farm Bureau, 5554 Clayton Road, Concord; Martin Vitz, East Bay Regional Park District (EBRPD), 2950 Peralta Oaks Court, Oakland; Mike Vukelich, Farm Bureau, 3459 Fleetwood Drive, Richmond; John Viano, Viano Vineyards, 192 Morello Avenue, Martinez; Tom Brumleve, 1512 North Gate Road, Walnut Creek; and Frank E. Peveira, President, Citizens Land Alliance, 6040 Alhambra Valley Road, Martinez. All persons desiring to speak having been heard, the Board members further discussed the issues and took the following action: 1. DETERMINED that'the Ordinance as proposed is not defined as a project per Section 15061 (b)(3) of the California Environmental Quality Act; it can be seen with certainty, that there is no possibility that adoption could have a significant impact on the environment; 2. APPROVED the Ordinance, attached as Exhibit 1, with the following amendments: A. ADOPTED the staff proposed modification (A) Disclosure Methods, as delineated on Page 2 of the attached Board Order; B. REINSTATED the section 820-8.002 Grievance Committee, paragraphs 1-7 inclusive; DELETED paragraph 8 of this section relative to costs; C. ADOPTED the language proposed by the East Bay Regional Park District (EBRPD) in their October 2, 1997, letter (attached); 3. INTRODUCED the Ordinance, as amended in item 2 above, WAIVED reading, and FIXED October 14, 1997, for adoption; 4. DIRECTED the Interim Community Development Director to post the Notice of Exemption; and 5. DIRECTED County staff to share the ordinance with the cities and Alameda County officials and to encourage the mutual discussion and adoption of similar or complementary ordinances. cc: County Administrator Community Development Department Agricultural Commissioner - Agricultural Task Force County Counsel R EGIONAL PA,,,,IRKS PH 3: 33 EAST BAY REGIONAL PARK DIST I, EVELC�; =EN i DEPT October 2, 1997 /�..J/ BOARD OF DIRECTORS CONSIDER I �"�' PDoug resident den Jean Siri Vice-President Beverly Lane Contra Costa County Treasurer Carol Board of Supervisors Secrre aeverin y 651 Pine Street, 4th Floor,North Wing Jocelyn Combs Ted Radke Martinez, CA 94553-0095 John Sutter Pat O'Brien General Manager Attn: Dennis Barry, AICP Interim Community Development Director Subject: "Right-to-Farm" Ordinance Dear Boardmembers: The East Bay Regional Park District(EBRPD) is pleased to see that the "Right-to-Farm" Ordinance is listed on your agenda for October 7th with a staff recommendation for adoption. The EBRPD participated in the development of the ordinance by the Agricultural Task Force because of its substantial interest in continued agricultural activity on its property. As you are aware, the EBRPD owns or manages a large acreage of park and open space land within Contra Costa County and contract grazing is a very important fire control and land management technique for these lands, These grazing-leases, in-fact, make the District one of the largest agricultural operations in the county. It has been the District's experience that sometimes people who purchase land adjacent to District property designated as "regional park" or"regional open space" are not made aware that agricultural use is a regular and appropriate activity on the District property. As a result, misunderstanding or problems may arise for the District. Therefore the District requests that the definition language in Section 820-2.006 be expanded by including the phrase"including publicly owned land designated for park, recreation, open space, watershed or other public purposes." at the end of sub-section(1). We believe this language will make clear that the intent of the ordinance is to apply to agricultural uses on such public lands and that agricultural use is an appropriate activity on large open space areas in public ownership. With that addition,the EBRPD urges the Board of Supervisors to enact the ordinance as a means of preserving'agricultural use as ari importarit'element of the County's economy and heritage. U 2950 Peralta Oaks Court P.O. Box 5381 Oakland, CA 94605-0381 Tel:(510)635-0135 TDD:(510)633-0460 Fax:(510)569-4319 Contra Costa County Board of Supervisors Attn: Dennis Barry, Interim Community Development Director October 2, 1997 Page 2 Thank you for consideration. Very truly yours, -Martin Vitz 'Advanced Planning Manager MV/tl cc: EBRPD Board of Directors Pat O'Brien, GM Val Alexeeff CAW PFILESWARTIMCCCBARRY.102 Department of AgricultureContra Edward P.Meyer Agricultural Commissioner- 2366 A Stanwell Circle Costa Director of Weights and Measures Concord,California 94520-4807 (510)646-5250 C 0 u n ty FAX(510)646-5732 s t -- Branch Office � RECEIVED 724-3rd Street Brentwood,California 94513-1360 ' 634-5682 FAX n _- _ OCT - 71997 FAX(510)634-2201 0' ior .. _,� STd'covK'f'{ CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. To: Contra Costa County Board of Supervisors From: Edward P. Meyer, Agricultural Commissioner - Director of Weights & Measures Date: October 7, 1997 Subject: Right to Farm Ordinance I support the adoption of the Right to Farm Ordinance which is being presented by the Community Development Department. However, I would also like to recommend that provisions regarding a Grievance Committee, which were in the original draft, be reinstated as part of this ordinance. Ag/Urban interface issues are common in all populated areas of the State. Certainly they're not a new issue to this County. Over half the counties in California have already adopted Right to Farm Ordinances. These ordinances serve as an extension to existing State laws regarding nuisance complaints against agricultural activities. They serve to support agricultural operations at the county level, provide new residents with notification regarding inconveniences which may be associated with living in an agricultural area, and in some cases the local ordinances provide a mechanism to help resolve conflict. About one-third of the current Right to Farm ordinances have some type of grievance committee provision. Grievance Committee provisions were left out of this draft of the Right to Farm ordinance due to concerns over unknown costs to both my Department and the University of California Cooperative Extension. While I appreciate these concerns, I have found that these committees have only occasionally required formal activation in counties where they arepart of the ordinance. From my perspective the time spent to resolve a dispute at an early stage is cost-effective. On going disputes between parties tend to generate repeat complaints. These repeat complaints add to the staff workload for enforcement.agencies. The agricultural industry in this county works very hard at resolving their own disputes. However, the industry's work ethic has historically put emphasis on hard work and long hours rather than public relations. Occasionally, communication breaks down or personalities come into play. It is extremely helpful to have a process which will allow peers to help facilitate resolution when this occurs. � SIDER WITH .. .5. MT. DIABLO AUDUBON SOCIETY P.O. BOX 53 WALNUT CREEK, CALIFORNIA 94597-0053 ,t 29 September 1997 Honorable Board of Supervisors 651 :Pine St. Martinez, CA 94553 Honorable Board: RE: Right to Farm" et al Mr. Barry has advised of the upcomingcBoard consideration of the "Right to Farm" Ordinance, on 7 October '1997, at 2:OOPM. It may not be possible for me to appear in person to speak FOR adoption of such an ordinance. Please accept this letter as an expression of our views and urge adoption of a "Rigkf to Farm" ordinance. jes c Ily, A. B. McNab Vice President-Conse ati n cc:Mr. D. Barry ® Printed on 100%Recycled Paper E. Community Contra Director of Harvey of ommu n Community Development Development Costa Department County County Administration Building 651 Pine Street SE L 4th Floor, North Wing �? _ __•�� Martinez, California 945530095 Phone: September 24, 1997 $ Sr'9 COliK� ,N TEROFFICE :;;jerk of the Board of Supervisors TO: INTERESTED AGENCIES/INDIVIDUALS: The County is considering implementation of a"Right-to-Farm" Ordinance which would affect all unincorporated areas. The proposed ordinance is an extension of existing state law which protects agricultural uses if they have existed for three years. The ordinance also establishes notification requirements for all purchases of property located near agricultural activities and identifies a dispute resolution and arbitration process to address problems arising from agricultural/urban land conflicts. This item will be introduced for consideration by the Board of Supervisors on October 7, 1997 at 2:00 p.m. in the Board of Supervisors Chambers, Room 107, Administration Building, 651 Pine Street, Martinez, California. Should you have any questions, or request additional information, please contact Debbie Chamberlain at(510) 335-1213. Sincerely, Dennis M. Barry, AICP Interim Community Development Director j:\debbie\rttofarrn.ltr �r 9/24/97 CLEAN DRAFT ORDINANCE NO. 97- RIGHT TO FARM ORDINANCE The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Division 820 to the County Ordinance Code to provide that agricultural activities conducted over three years shall not constitute a nuisance when conditions in the area have changed. SECTION II. Division 820 is added to the County Ordinance Code, to read: DIVISION 820 RIGHT TO FARM Chapter 820-2 GENERAL 820-2.002 Short title. This division shall be known and may be cited as the Right To Farm Ordinance. (Ord. 97- § 2.) 820-2.004 Findings. (1) It is the declared policy of this county to enhance and encourage agricultural operations within the county. It is the further intent of this county to provide to its residents proper notification of the county's recognition and support, through this division, of the right to farm. (County General Plan, Section 8-7.) (2) Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations frequently can be the subjects of nuisance complaints. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements, to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this division to prevent the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. ORDINANCE NO. 97- 1 ` I I (3) An additional purpose of this ordinance is to promote a good-neighbor policy by requiring notification of purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residential use. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures,purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. (4) This ordinance is intended to carry out and advance the County's agricultural resources goals,policies, and implementation measures as set forth in the Conservation Element of the County General Plan. (Ord. 97- § 2.) 820-2.006 Definitions. As used in this division, unless the context otherwise requires, the following words and phrases shall have the meanings given in this section: (1) "Agricultural land" means all that real property within the unincorporated area of the county currently used for agricultural operations, zoned for agricultural use, designated for agricultural purposes by the county general plan, or upon which agricultural operations may in the future be established. (2) "Agricultural operation" means and includes the present and future application and use of agricultural technology (including the application of agricultural chemicals) for,but not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and any commercial agricultural practices performed incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. (3) "Agricultural processing operation" means and includes the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and shall include processing for wholesale or retail markets of agricultural products. (4) "Continuous operation" means at least 30 days of agricultural processing operations per year. (5) "Proper and accepted customs and standards" means the compliance with all applicable state and federal statutes and regulations governing agricultural operations or agricultural processing operations with respect to the condition or effect alleged to be a nuisance. (Ord. 97- § 2.) 820-2.008 Non-Applicability. This division is not to be construed as in any way modifying, invalidating, or abridging federal law or regulation, or state law as set out in the ORDINANCE NO. 97- 2 California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of federal or state law relative to nuisances; instead, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations. (Ord. 97- § 2.) Chapter 820-4 NUISANCE 820-4.002 Nuisance- agricultural operation. In accordance with the provisions of Civil Code section 3482.5(b), no present or future agricultural operation, conducted or maintained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all provisions of this code, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private,pursuant to section 3479 et seq. of the California Civil Code,due to any changed conditions in or about the locality, after it has been in operation for more than three years, if it was not a nuisance when it began. (Ord. 97- § 2.) 820-4.004 Exception for obstructions. Section 820-4.002 shall not apply if the agricultural operation obstructs the free passage or use, in the customary manner,of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. (Ord. 97- § 2.) 820-4.006 Nuisance- agricultural processing operation. In accordance with the provisions of Civil Code section 3482.6(a), and subject to the other provisions of that section, no agricultural processing operation, conducted or maintained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all provisions of this code, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance,public or private,pursuant to section 3479 et seq. of the California Civil Code, due to any changed conditions in or about the locality, after it has been in continuous operation for more than three years, if it was not a nuisance when it began. (Ord. 97- § 2.) Chapter 820-6 DISCLOSURE 820-6.002 Disclosure to current owners. (1) The community development department shall cause to be published a '/s-page advertisement in one or more newspapers of ORDINANCE NO. 97- 3 general circulation in the unincorporated area of the county,which advertisement shall include the disclosure statement in subsection (2). (2) Disclosure statement. "The County of Contra Costa declares its policy to protect and encourage agricultural operations as defined in the County's "Right To Farm Ordinance" (Division 820 of the County Ordinance Code). Contra Costa County has adopted a Right To Farm ordinance. If your property is located in the unincorporated area of the county, near an agricultural operation or an agricultural processing operation, you may at times be subject to inconvenience or discomfort arising from those operations, including noise, odors, fumes, dust, the operation of machinery (including aircraft) during any time of day or night, the storage and disposal of manure, and the ground or aerial application of fertilizers, soil amendments, seed, herbicides, and pesticides. These similar inconveniences will not be considered a nuisance if they are conducted according to proper and accepted customs and standards. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance,please contact the Contra Costa County Community Development Department, at 651 Pine Street,4'Floor,North Wing, Martinez, California, 94553." (3) The disclosure statement set forth in subsection (2) is given for informational purposes only, and nothing in this division or in the disclosure statement shall prevent any person from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice. (Ord. 97- § 2.) 820-6.004 Disclosure in land use entitlements. Upon the issuance of a discretionary development entitlement, including but not limited to tentative subdivision maps,parcel maps, and land use permits, for use on, adjacent to, or.near agricultural land, the entitlement may include a condition that the owner(s) of the property shall be required to sign a statement of acknowledgment containing the disclosure set forth in section 820-6.002, on a form provided by the community development department. (Ord. 97- § 2.) 820-6.006 Disclosure to buyers. (1) In accordance with the provisions of section 1102 et seq. of the California Civil Code, upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative improved with one to four dwelling units, the transferor shall deliver to the prospective transferee the disclosure statement set forth in subsection (4). (2) Exceptions to the application of this section are set forth in Civil Code section 1102.1. (3) The disclosure statement shall be delivered in the manner set forth in Civil Code sections 1102.2 and 1102.10. (4) Disclosure statement. ORDINANCE NO. 97-- 4 r "LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS (Address and APN) DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH COUNTY ORDINANCE CODE DIVISION 820 AS OF November 1997. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLERS INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty,prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF CONTRA COSTA, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. The County of Contra Costa permits and supports operation of properly-conducted agricultural operations and agricultural processing operations, as defined in the County's Right To Farm Ordinance (Division 820 of the County Ordinance Code), within the unincorporated area of the county. If the property you are purchasing is located in the unincorporated area of the county,near agricultural lands or operations, or included within an area zoned or designated by the County General Plan for agricultural purposes, you may be subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include,but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, solid amendments, seed, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation or agricultural processing operation that is in conformance with existing laws and regulations ORDINANCE NO. 97- 5 and with proper and accepted customs and standards. Contra Costa County has determined that the use of real property for agricultural operations and agricultural processing operations is a high priority and favored use, and will not consider to be a nuisance those inconveniences or discomforts arising from such operations,provided such operations are established as set forth in the Right To Farm Ordinance and consistent with proper and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance, please contact the Contra Costa County community development department, at 651 Pine Street, 4t'Floor,North Wing, Martinez, California, 94553. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date II BUYER INFORMATION BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Seller Date Buyer Date Buyer Date Agent (Broker ORDINANCE NO. 97- 6 4 Representing Seller) By Date (Assoc. Licensee or Broker-Signature) Agent (Broker Obtaining the Offer) —By— Date yDate (Assoc. Licensee or Broker-Signature) Present Assessor's Parcel Number: A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY." (Ord. 97- § 2.) 820-6.008 Refusal to Sign Disclosure Statement. If a transferee refuses to sign the disclosure statement set forth in section 820-6.006, the transferor may comply with the requirements of this chapter by delivering the statement to the transferee as provided in section 820-6.006 and affixing and signing the following declaration to the statement: "I, (name) ,have delivered a copy of the foregoing disclosure statement as required by law to (transferee's name) ,who has refused to sign. I declare the foregoing to be true. Date: Signature: Print Name: " (Ord. 97- § 2.) Chapter 820-8 RESOLUTION OF DISPUTES 820-8.002 Initial notification. A party who believes in good faith that an agricultural operation or agricultural processing operation is causing inconvenience or discomfort to him or her shall notify the operator in writing of such concerns. The submission of said notification should be accompanied by personal discussions, if possible, to enable the claimant and the operator to attempt to reach a mutually agreeable reconciliation. (Ord. 97- § 2.) 820-8.004 Arbitration. If any controversy is not resolved by the initial notification to the satisfaction of either party, the parties may agree to enter into an arbitration agreement providing for an arbitration proceeding in accordance with Title 9 (commencing with section 1280) of Part III of the Code of Civil Procedure. ORDINANCE NO. 97- 7 (Ord. 97- § 2.) Chapter 820-10 NUSCELLANEOUS 820-10.002. Precedence. This division shall take precedence over all provisions of this code, county ordinances or parts of ordinances, and board resolutions or parts of resolutions, in conflict herewith. (Ord. 97- § 2.) SECTION III. SEVERABILITY. If any provision of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Board declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this county. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By [SEAL] Deputy HISMARC\CDD\ORDF[N.WPD(9/24/97) ORDINANCE NO. 97- 8 9/24/97 REDLINE DRAFT ORDINANCE NO. 97- RIGHT TO FARM ORDINANCE The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Division 820 to the County Ordinance Code to provide that agricultural activities conducted over three years shall not constitute a nuisance when conditions in the area have changed. SECTION II. Division 820 is added to the County Ordinance Code, to read: DIVISION 820 RIGHT TO FARM Chapter 820-2 GENERAL 820-2.002 Short title. This division shall be known and may be cited as the Right To Farm Ordinance. (Ord. 97- § 2.) 820-2.004 Findings. (1) It is the declared policy of this county to enhance and encourage agricultural operations within the county. It is the further intent of this county to provide to its residents proper notification of the county's recognition and support, through this division, of the right to farm. (County General Plan;Sects n 8 7) (2) Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations frequently can be the subjects of nuisance complaints. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements, to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this division to prevent the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. ORDINANCE NO. 97- 1 r. (3) An additional purpose of this ordinance is to promote a good-neighbor policy by requiring notification of purchasers and users of property adjacent to_or near agricultural operations of the inherent potential problems associated with such purchase or residential use. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures,purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. {4)This ordinance is ii tended to carry out and,arlvanci�, e County's agricultural . .. resourcesgoalspolicies, and implementaton�measures;as set`forthm thge f onseru�ation lement ofthe County General Pla (Ord. 97- § 2.) 820-2.006 Definitions. As used in this division,unless the context otherwise requires, the following words and phrases shall have the meanings given in this section: (1) "Agricultural land" means all that real property within the unincorporated area of the county currently used for agricultural operations, zoned for agricultural use, designated for agricultural purposes by the county general plan, or upon which agricultural operations may in the future be established. (2) "Agricultural operation" means and includes the present and future application and use of agricultural technology (including the application of agricultural chemicals) for, but not limited to,the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture,horticulture, timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and any,commercial agricultural practices performed incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. (3) "Agricultural processing operation means and includes the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and shall include processing for wholesale or retail markets of agricultural products. .(4) "Continuous operation" means at least 30 days of agricultural processing operations per year. (5) "Proper and accepted customs and standards" means the compliance with all applicable state and federal statutes and regulations governing theoperation of anWdultural operations or agricultural processing operations with respect to the condition or effect alleged to be a nuisance. (Ord. 97- § 2.) 820-2.008 Non-Applicability. This division is not to be construed as in any way ORDINANCE NO. 97-- 2 modifying, invalidating, or abridging federstate law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of federalor state law relative to nuisances; instead, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations. (Ord. 97- § 2.) Chapter 820-4 NUISANCE 820-4.002 Nuisance- agricultural operation. f4-)—In accordance with the provisions of Civil Code section 3482.5(b), no present or future agricultural operation, conducted or maintained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all provisions of this code, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private,pursuant to section 3479 et seq. of the California Civil Code, due to any changed conditions in or about the locality, after it has been in operation for more than three years, if it was not a nuisance when it began. (Ord. 97- § 2.) 820-4.004 Exception for obstructions. Section 820-4.002 shall not apply if the agricultural operation obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. (Ord. 97- § 2.) 820-4.006 Nuisance- agricultural processing operation. In accordance with the provisions of Civil Code section 3482.6(a), and subject to the other provisions of that section, no agricultural processing operation, conducted or maintained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all provisions of this code, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private,pursuant to section 3479 et seq. of the California Civil Code, due to any changed conditions in or about the locality, after it has been in continuous operation for more than three years, if it was not a nuisance when it began. (Ord. 97- § 2.) Chapter 820-6 DISCLOSURE ORDINANCE NO. 97- 3 820-6.002 Disclosure to current owners. (1) The eopy of the diselosttre staternent in subseetion (2)to a4l owners of real property in the emnty with the anima.a, .._. �.:,,�commune deveia merit d artm�ent shall cause.�to�be ublxshed a 18 �'� Pte. ... eP page adverEsembnt to one©r°morenewspape f general cxrc lationn tlericorporated�area oftkecouty�wluch advertisement shalllnelude the disclosure statement ua subsection( ). (2) Disclosure statement. "The County of Contra Costa declares its policy to protect and encourage agricultural operations as defined in the County's "Right To Farm Ordinance" (Division 820 of the County Ordinance Code). Contra Costa County has adopted a Right To Farm ordinance. If.your property is located in the unincorporated area of the county, near an agricultural operation or an agricultural processing operation, you may at times be subject to inconvenience or discomfort arising from those operations, including noise, odors, fumes, dust, the operation of machinery (including aircraft) during any time of day or night, the storage and disposal of manure, and the ground or aerial application of fertilizers, soil amendments, seed, herbicides, and pesticides. These similar inconveniences will not be considered a nuisance if they are conducted according to proper and accepted customs and standards. The - ()rdinanee also establishes a grievanee proeess to handle disputes between agriettitttral operators and their neighbot s. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance €sem int,please contact the Contra Costa County Community Development Department, at„651 Pme Street,P Floor,North WinNlarhriez,CaIifdm'— X94553." (3) The disclosure statement set forth in subsection(2) is given for informational purposes only, and nothing in this division or in the disclosure statement shall prevent any person from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice. (Ord. 97- § 2.) 820-6.004 Disclosure in land use entitlements. Upon the issuance of a discretionary development entitlement, including but not limited to tentative subdivision maps, parcel maps, and land use permits, for use on,,,,,adjacerittoPor near agricultural land, the entitlement shallmay include a condition that the owner(s) of the property shall be required to sign a statement of acknowledgment containing the disclosure set forth in section 820-6.002, on a form provided by the community development department. (Ord. 97- § 2.) 820-6.006 Disclosure to buyers. (1) In accordance with the provisions of section 1102 et seq. of the California Civil Code, upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative improved with one to four dwelling units, the transferor shall deliver to the prospective transferee the disclosure statement set forth in subsection (4). ORDINANCE NO. 97-- 4 (2) Exceptions to the application of this section are set forth in Civil Code section 1102.1. (3) The disclosure statement shall be delivered in the manner set forth in Civil Code sections 1102.2 and 1102.10. (4) Disclosure statement. "LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA•OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS (Address and APN) DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH COUNTY ORDINANCE CODE DIVISION 820 AS OF November 1997. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION,AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLERS INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty,prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s)representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S)AS REQUIRED BY THE COUNTY OF CONTRA COSTA, AND ARE NOT THE REPRESENTATIONS OF THEAGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. The County of Contra Costa permits and supports operation of properly-conducted agricultural operations and agricultural processing operations, as defined in the County's Right To Farm Ordinance (Division 820 of the County Ordinance Code),within the unincorporated area of the county. If the property you are purchasing is located in the unincorporated area of the county, near agricultural lands or operations, or included within an area zoned or designated by the County General Plan for agricultural purposes,you may be subject to inconveniences or ORDINANCE NO. 97- 5 discomfort arising from such operations. Such discomfort or inconveniences may include,but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, solid amendments, seed, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation or agricultural pocessiig� peratzvp that is in conformance with existing laws and regulations and with properland accepted customs and standards. Contra Costa County has determined that the use of real property for agricultural operations and agricultural processing operations is a high priority and favored use, and will not consider to be a nuisance those inconveniences or discomforts arising from such operations,provided such operations are established as set forth in the RighVTo Farm Ordinance and consistent with prop arrd accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. !oRtmittee to assist in the resoltition of any disputes whieh might arise between This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance ,please contact the Contra Costa County community development department, at 651 Pme Street,4k Floor,=Nofth Wing,IYlarrinez; Cal�fomia;:94553. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date II BUYER INFORMATION BUYER(S) AND SELLER(S)MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S)AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date ORDINANCE NO. 97-- 6 Seller Date Buyer Date Buyer Date Agent(Broker Representing Seller) By Date (Assoc. Licensee or Broker-Signature) Agent.(Broker Obtaining the Offer) By Date (Assoc. Licensee or Broker-Signature) Present Assessor's Parcel Number: A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY." (Ord. 97- § 2.) 820-6.008 Refusal to Sign Disclosure Statement. If a transferee refuses to sign the disclosure statement set forth in section 820-6.0046, the transferor may comply with the requirements of this chapter by delivering the statement to the transferee as provided in section 820-6.0046 and affixing and signing the following declaration to the statement: "I, (name) ,have delivered a copy of the foregoing disclosure statement as required by law to_transferee's name) , who has refused to sign. I declare the foregoing to be true. Date: Signature: Print Name: " (Ord. 97- § 2.) Chapter 820-8 RESOLUTION OF DISPUTES 820-8.002 tees or diseomf _.:. _ ... whieh earmot be settled by direet negotiatiott, the parties involved may agree to ...., ORDINANCE NO. 97- 7 matter without filing any eourt aetiort.- (2) 4+e grie-vanee eommittee shall eensist of five members seleeted from the eomtntlftit at large by the board of sttpervisors;-and serving at the pleasure of the board, two of W-hom shall be engaged in the eommereial praetiee of agTiettitere, two of whom shall h&Ve no filtafleial interest in any agriettitural property or operation, and the final member being the Fam Adviso.r of the University of Galifbmia Gooperative Extension or designee. Members of the eommittee shall reeeive no eempensation,for earrying out these duties. (3) A majority of the members shall eonstitttte a qttorttfn of the mmittee, and no deeision shall be va4id unless taken epon a majority-vote of the members present. The eotmty,,4griett1tttt-a1 eommissioner shall be the seeretary, who shall eall meetings as the nee , arises and shall maintain minutes of eaelt meeting. The grie-vanee eommittee may adopt rules of proeedure governing the eonduet of its meetings.— (4) An aggrieved pafty may submit the eontroversy to the grie-vanee eommi written request,within thirty days after the date of the oeeurrenee of the paftimlar aetivity givin rise to the eontroversy or after the date the aggrieved pafty beeame aware of the ceettrreftee, the eonunitw the f-aets of the bttt Thereafter, 7 , within thirty days, hold a meeting e s�idkpr the merits of the matter and within twenty days o the meeting render a written deeision to the parties. At the time of the meeting both pafties shaI4 (6) The deeision of the grievanee eontmittee shall be advisory on4r. (4) The effeetiveness of the- i mmittee as a f6tum for resolution of disputes is dependent upon fitH diseussion and eomplete presentation of all pertinent faets e0neerning thee dispete in order to eliminafe any mistinderstandings. The parties are eneottraged to eooperate-Mi be borne by the . Initial notification. A partywho beheesmgood faiththat an agricultural operation oragricultural;proceSsmgoperaton is causing inconvenience or discomfort to him or hershall notify the operatoram w to g of such concerns xThe submission of . .._ said notificationshould be a companied by personal discusslons� possible, to enablee claimant ancltle#o erator toattempt to reach a�mutually agreeable reconciliati n P .. ..; <...._�. ., . (Ord. 97- §2.) 820-8.004 Arbitration. If any controversy is not resolved by the gree eotnin.tte-,,�iiitial notifation to the satisfaction of either party, the parties may agree to enter into an arbitration agreement providing for an arbitration proceeding in accordance with Title 9 (commencing with section 1280) of Part III of the Code of Civil Procedure. (Ord. 97- § 2.) Chapter 820-10 ORDINANCE NO. 97- 8 MISCELLANEOUS 820-10.002. Precedence. This division shall take precedence over all provisions of this code, county ordinances or parts of ordinances, and board resolutions or parts of resolutions, in conflict herewith. (Ord. 97- § 2.) SECTION III. SEVERABILITY. If any provision of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Board declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this county. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By [SEAL] Deputy HASMARC\CDD\RTFORD.WPD(9/24/97) ORDINANCE NO. 977 9 ORDINANCE NO, 93m RIGHT TO FARM ORDINANCE The Contra Costa County Board of Supervisors_ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Division 820 to the County Ordinance Code to provide that agricultural activities conducted over three years shall not constitute a nuisance when conditions in the area have changed. SECTION II. Division 820 is added to the County Ordinance Code, to read: DIVISION 820 RIGHT TO FARM Chapter 820-2 GENERAL 820-2 .002 short title. This division shall be known and may be cited as the Right To Farm Ordinance. (Ord. 93- S 2 . ) 820-2 .004 Findings. (1) It is the declared policy of this county to enhance and encourage agricultural operations within the county. It is the further intent of this county to provide to its residents proper notification of the county's recognition and support through this division of the right to farm. (2) Where non-agricultural land uses extend into agricultural areas or exist side by side, ,agricultural operations frequently can be the subjects of nuisance complaints. As a result agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this division to prevent the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. ORDINANCE NO. 93- 1 (3) An additional purpose of this ordinance is to promote a good-neighbor policy by requiring notification of purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residential use. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. (Ord. 93- § 2. ) 820-2.006 Definitions. As used in this division, unless the context otherwise requires, the following words and phrases shall have the meanings given in this section: (1) "Agricultural land" means, all that real property within the unincorporated area of the county currently used for agricultural operations, zoned for agricultural use, designated for agricultural purposes by the county general plan, or upon which agricultural operations may in the future be established. (2) "Agricultural operation" means and includes the present and future application and use of agricultural technology (including the application of agricultural chemicals) for, but not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and any commercial agricultural practices performed incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. on. 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This division is not to be construed as in any way modifying, invalidating, or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable. provision, of state law relative to nuisances; instead, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations, (Ord. 93- § 2. ) Chapter 820-4 NUISANCE 820-4.002 Nuisance - agricultural operation. (1) In accordance with the provisions of Civil Code section 3482.5 (ba) , se no a nt or future agricultural operations coricIucted "or mariained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, and with all provisions of this code, shall be or become a nuisance, public or private, pursuant to section 3479 et seq. of the Galifern Civil Code, due to any changed conditions in or about the locality, after it has been in operation for more than three years, if it was not a nuisance when it began. (Ord. 93- § 2 . ) 820-4.004 Exception for obstructions. Section 820-4 . 002 shall not apply if the agricultural operation obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. 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I . . 4 iiii:•i:-:1^i:-i::i:i•--i"i:-i:.>:.ii:•i:•:•i":•i:-:-i:-i:-::-i:.:i:•ii:<;•>:;•ii:-i:-::;•:1:.i:•::•>:•ii:-i:->:-isi»iiii•:•:-:':;•iK•>:-isi .::.:::::.::.>:.:.:t;:•+ii>r:•i:-i::::.:;•;:i::.;-;:i:ii:iii::i:::iii:;:•>:<:-x-ii:d:i••i::iiii:fi::iii::;:'.:ii::::iiii::: 17Cs .l {�C : 317 .:.: .>::..: neat 4n<i::>:: csnt ucte......<>max�xta. p ::::::::::::::::r.::::::::::::::::::::::::.:..::::::::::::::::::::::::.:::.:.:.:::::::::::::::::: :..: .::::::::::. :.i:.iso'...�:.:.:.:.i•;<:<:i>::isi>:.i::>::::;ii::>:;:i:<.:..::........::::.:�:.:.:::::...:�::::::::::::..:: ..........................................::...........:................:.:::.....................:.:.�.�:........... ::::.::::::.::::::::::::::: ;.:px # i.:.: .t3:: 1b ........... ............ <.'.>:':;:> :::;>::::.;:i.;:.:.:::: <.»:.i:.:.:: i ' > .... ::....:.....:.:.:..........::<::,: s end.. ...poar...aa... epzst ... .......... ..ii:.: ........ is i::::i>:-;:.;::;;.:::;,.:i.:i.:;;.::::.:::.i::i.;:..<::.;:.:.i:.:...................................... .:...�......:....::::..:.................... : m. :::::> x< ancl with ail provisions of this code, sail be or` becoie` a' nuisance, public or private, pursuant to section 3479 et seq. of the Galifernie Civil Code, due to any changed ORDINANCE NO. 93- 3 conditions in or about the locality, after it has been in continuous operation for more than three years, if it was not a nuisance when it began. (Ord. 93- § 2. ) Chapter 820-6 DISCLOSURE 820-6.002 Disclosure to current owners. (1) The county tax collector shall mail a copy of the disclosure statement in subsection (2) to all owners of real property in the county with the annual tax bill. "(2) Disclosure statement. "The County of Contra Costa declares its policy to protect and encourage agricultural operations as defined in the County's "Right To Farm Ordinance" (Division 820 of the County Ordinance Code) . Contra Costa County has adopted a Right-to-Farm ordinance. If your property is located in the unincorporated area of the county, near an agricultural o e p ationC► Dct # s ` ► g... 7� .� :.:.. you may at times be subject to inconve161'a nience or discomfort arising from those ultural operations-."-.'.."",*".'��]��€ dust..:...:. :::i::ii:::..: ..:...::ii:...:_..:..........:..-.Y•i..::....iii::.... :i::::::.y:n}v:::::.(::::.}':?:::::-i':Jiii:::...;'::{ . ::::>:<::the::::cj .erBt Qn::>::: f.:::; ::...::.:::: .:.;.; »::::>::::>::..::::::: :::::.:::.... :::::::::.:::::::::: :::.:::::::::::.:::::. .:::::::::::::::::::::::.:::;........:::machaer..:::::. : �.c. x a. six. . ::...: .::.:.:......:...>. . ..:.::.::.:;• ::..:....: .i............................: :...<:..i:.i:::.i :.;:.;: : .:: :::<:.,:.:..:;>::.;..: .::.. ..:...is.::.i;. ..:..::.:::.i..;....... .::.:.:......:..:..:::..:..::.: . :: ... ::: .. . :;.;........::. ...:.......:,.:...:.::::::..:...:........::...... .:...::..:...:::::..: . r :1.s .os:a: <::::>of:>::<mae: ::>::>:anz ::::«thc:::::::. rflutd::>< ::;::::>< :.:„> >:::> .. ..::::i::::... : .;:..::..::::;::: I? ;;i: .: 8 :.ii:.i; -.8iii:4iY-iiiiii:isisisJiiiii:t4:4:G:^:•:'iiiiiiiiiiii4:•iiw:::::._:.::':r:.� iiii::::::::::::.�:::::::.�:::x::::::::•::::::.�:::::::::::•:::..:::..::::.:.:::•::::::::::::::::y:::::::.::::: :::::ri:;iiigiiii:!iii::;i:!:::.`Y::i::i::i:(::.-:ii:.i .... .. .........:..:...:.%::..:...:...:..:..•v:;..:.-Y:..v. .............::. ::. •:.:�:::v::: .:::.�::•:::::::.�:•.1.:•::•:::::::::.::_.�::::A:: :. _:<:>: :.:::> <:::>:::: :::;:>::>: .:<.. :..........:..::.:: .a ma :::; a..l: ::.;:esti>i: .::: cnslderet ::::a..:: ;: rxc ! ::: .::: rar. .. ::::t .::: ..ts .iiitcm�::::. sc .::. . xtaxz < a ;; o:<:>:establ: -shes::::a::>::>. r3: :. < .::;.. ::;;> ::>::>::..;:»:;h :: .::::: . g....... uaxac ..... rc>c :.: c.:::.... dZ t ` ;>i' 1:::: x :.... ::::::::::::::::::::::::::..::::::::::::::.::::::::.:::::::::::::::::::::::::...::::.::..:::::::::...::::..:..::::::.:::::::.:::::::::::::::::::::::::::::::::::.::::::::::::::::::::�::::::::::::::::::::::. This is only a summary of the Y2ight•••-'�o•--�'arm-•�ZSrd•iriarice•:-••��•'•��f••••you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department. " (3) The disclosure statement set forth in subsection (2) is given for informational purposes only, and nothing in this division or in the disclosure statement shall prevent any , person from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice. (Ord. 93- § 2 . ) 820-6.004 Disclosure in land use entitlements. Upon the issuance of a discretionary development entitlement, including but not limited to tentative subdivision maps, parcel maps, and land use permits, for use on agricultural land, the entitlement shall include a condition that the owner(s) of the property shall be required to sign a statement of acknowledgement containing the ORDINANCE NO. 93-- 4 disclosure set forth in ,section 820-6.002, on a form provided by the community development department. (Ord. 93- § 2. ) 820-6.006 Disclosure to buyers. (1) In accordance with the provisions of section 1102 et seq. of the Galiferni Civil Code, upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative improved with one to four dwelling units, the transferor shall deliver to the prospective transferee the disclosure statement set forth in subsection (4) . ` (2) Exceptions to the application of this section are set forth in Civil Code section 1102 .1. (3) The disclosure statement shall be delivered in the manner set forth in Civil Code sections 1102.2 and 1102. 10. (4) Disclosure statement. "LOCAL OPTION � REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA `COSTA, STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A (Address and APN) DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH COUNTY ORDINANCE CODE DIVISION 820 AS OF , 1993 . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLERS INFORMATION The Seller discloses the following information with the knowledge that even though this is nota warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. ORDINANCE NO. 93-- 5 THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF CONTRA COSTA, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S) , IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. The County of Contra Costa permits and supports operation of properly conducted agricultural operations G`<�`, € ................. ;> as defined in the C' Farm Ordinance (Division 820 of the County Ordinance Code) , within the ' cou ert e :»::>: c ::_<::::<::>::::>;.:-':. :::::>:> >>::::;>:»:::<>;:>: ``..................: nt If the ro ou ar purchasing is located in the unincorporated area of the county, near agricultural lands or operations, or included within an area zoned- or designated by' the County General Plan for agricultural purposes, you may be, subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include, but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers,- solid amendments, 15d{ herbicides and pesticides. One or more of the inconveniences described'may occur as a result of any agricultural operation that is in conformance with existing laws and regulations and with accepted customs and standards. Contra Costa County has determined that the use of real property for : ugip;; e>aricultural operations is a high priority and favored use,."*".** will`not cons dei` to l�'e a nuisance those inconveniences or discomforts arising from such agrieultural operations, provided 'such operations are established as set forth in- the Right To Farm Ordinance and consistent with accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Contra Costa County has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this county regarding agricultural operations. This is. only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance' procedure set forth in it, please contact the Contra . Costa County Community Development Department. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. ORDINANCE NO. 93- 6 Seller Date Seller Date II BUYER INFORMATION BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE . PROVISIONS IN A CONTRACT .BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buyer Date Seller Date Buyer Date Agent (Broker Representing Seller) By Date (Assoc. Licensee or Broker- Signature) Present Assessor's Parcel Number: - - A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. " (Ord. 93- § 2. ) 820-6.008 Refusal to Sign Disclosure-Statement. If a transferee refuses to sign the disclosure statement set forth in section 820-6. 004, the transferor may comply with the requirements of this chapter by delivering the statement to the transferee as provided in section 820-6.004 and affixing and signing the following declaration to the statement: I, (name) have delivered a copy of the foregoing disclosure statement as required by law to (transferee's name), who has refused to sign. ORDINANCE NO. 93-- 7 I declare the foregoing to be true. Date: Signature: Print Name: (Ord. 93- § 2. ) Chapter 8210-8 RESOLUTION OF DISPUTES 820-8.002 Grievance committee. (1) Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations, which cannot be settled by direct negotiation, the parties involved may agree to submit the controversy to a grievance committee as set forth below, in an attempt to resolve the matter without filing any court action. (2) The grievance committee shall consist of five members selected from the community at large by the board of supervisors, and serving at the pleasure of the board, two of whom shall be engaged in the commercial practice of agriculture, two of whom shall have no financial interest .in -any agricultural property or operation, and ;�7t;t.+�ti4'':iµ't:yF.�u::;%:;i�7F1� ;r.Vs:.:�.::'�..":'::�:':y•M:�.:..:::::�.::}:�'i.:::::::{4.:�:.:,�.'�'.:.;::i:;::;�:�.:::�::�::...Yy...:.�?cr+.1�*�r..:.:�'r7i.<.�..:::.'.;.:::;::.�.:::.;::;:::�::?34�s':.: hk '%> 3lis"lE lb predue ien nraeti na= : : : 3 tt >adegz Members of the committee shall receive no coimperisat' oriforcarrying out these duties. (3) A majority of the members shall constitute a quorum of the grievance committee, and no decision shall be valid unless taken upon a majority vote of the members present. The county agricultural commissioner shall be the secretary, who shall call meetings as the need arises and shall maintain minutes of each meeting. The grievance committee may adopt rules of procedure governing the conduct of its meetings. (4) An aggrieved party may submit the controversy to the grievance committee, by written request, within thirty +3$j—days after the date of the occurrence of the particular activity giving rise to the controversy or after the date the aggrieved party became aware of the occurrence, whichever occurs later. (5) Thereafter, the committee may investigate the facts of -the controversy, but must, within thirty {-ab —days, hold a meeting to consider the merits of the matter and within twenty +241-days of the meeting render a written decision to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts. (6) The decision of the grievance committee shall be advisory only. (7) The effectiveness of the grievance committee as a forum for resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the ORDINANCE NO. 93- 8 dispute in order to eliminate any misunderstandings. The parties - are encouraged to cooperate in the exchange of pertinent information concerning the controversy. (8) Any costs associated with the functioning of the grievance committee process shall be borne by the participants. The board of supervisors may prescribe fees to recover these costs. (Ord. 93- § 2 . ) 820-8.004 Arbitration. If any controversy is not resolved by the grievance committee to the satisfaction of either party, the parties may agree to enter into an arbitration agreement providing for an arbitration proceeding in accordance with Title 9 (commencing with section '1280) of Part III of the Code of Civil Procedure. (Ord. 93- § 2 . ) Chapter 820-10 MISCELLANEOUS 820-10.002. Precedence. This division shall take precedence over all provisions of this code, county ordinances or parts of ordinances, and board resolutions or parts of resolutions in conflictsherewith. (Ord. 93- § 2 . ) SECTION III. SEVERABILITY. If any provision of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Board declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the a newspa- per published in this county. PASSED ON by the following vote: AYES: NOES: ABSENT: ORDINANCE NO. 93-- 9 ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By (SEAL] Deputy (SBM, 2-5-93) ORDINANCE NO. 93- 10 Community Contra Harvey E. n L Director of Commuommu nity Development Development Costa Department County County Administration Building 651 Pine Street 4th Floor, North Wing t* ':SE:t_ of Martinez, California 94553-0095 Phone: September 24, 1997 ' S�'9 COUx� TO: INTERESTED AGENCIES/INDIVIDUALS: The County is considering implementation of a"Right-to-Farm" Ordinance which would affect all unincorporated areas. The proposed ordinance is an extension of existing state law which protects agricultural uses if they have existed for three years. The ordinance also,establishes notification requirements for all purchases of property located near agricultural activities and identifies a dispute resolution and arbitration process to address problems arising from agricultural/urban land conflicts. This item will be introduced for consideration by the Board of Supervisors on October 7, 1997 at 2:00 p.m. in the Board of Supervisors Chambers, Room 107, Administration Building, 651 Pine Street, Martinez, California. Should you have any questions, or request additional information, please contact Debbie Chamberlain at(510) 335-1213. Sincerely, Dennis M. Barry, AICP Interim Community Development Director j:\dcbbie\rttofa.rrn.1tr Right-to-Farm Mailing List Janet Caprille Enrico Cinquini 8/14/92 UCCE Citizens Land Alliance CP/ml/rttofarm.lst 1700 Oak Park Blvd. Rm. A-2 P.O. Box 966 Pleasant Hill, CA 94523 Oakley, CA 94561 Frank Periera Tom Brumleve Evo Baldocchi Citizen's Land Alliance Farm Bureau (Field Crop) Farm Bureau (Field Crop) 6040 Alhambra Valley Road 1512 Northgate Road Route 2 - 6390 Sellers Ave Martinez, CA 94553 Walnut Creek, CA 94598 Oakley, CA 94561 Stan Emerson Louis Mangini Paul Lamborn Farm Bureau (Dairy) Farm Bureau (Dairy) Farm Bureau (Row Crop) Rt. 2 Box B-384 5554 Clayton Road 2281 Laurel Road Oakley, CA 94561 Concord, CA 94521 Oakley, CA 94561 Jackie Stewart Al Courchesne David Osteen Farm Bureau (Row Crop) -- CAFA CAFA PO Box 19 P.O. Box 872 PO Box 363 Clayton, CA 94517 Brentwood, CA 94513 Davis, CA 95617 Dave Dalporto John Ginochio Tom Mikklesen Cattlemen's Association Cattlemen's Association East Bay Regional Park District Rt. 2 Box 234 1575 North Gate Road 2950 Peralta Oaks Court Oakley, CA 94561 Walnut Creek, CA 94598 PO Box 5381 Oakland, CA 94605 Martin Vitz - Adv. Planning Mgr Maxine Turner Nat Taylor East Bay Regional Park District East Bay Regional Park District SH Cowell Foundation 2950 Peralta Oaks Court 2950 Peralta Oaks Court .260 California-Street, Ste. 501 PO Box 5381 PO Box 5381 San Francisco, CA 94111 Oakland, CA 94605 Oaklnad, CA 94605 Gary Craft Jerry Tennant John Carvalho (for SH Cowell Foundation) Byron-Bethany Irrigation District Byron-Bethany Irrigation District 3650 Mt. Diablo Blvd. #230 Route 1 Box 61 F PO Box 567 Lafayette, CA 94549 Byron, CA 94514 Byron, CA 94514 Don Christensen Frank Maggiore Tino Bacchini East Contra Costa Irrigation District East Contra Costa Irrigation District East County FARMER P.O. Box 696 PO Box 696 1901 Concord Ave. Brentwood, CA 94513 Brentwood, CA 94513 Brentwood, CA 94513 Gene Harrison Lina Hale David Ninomiya East County FARMER North Richnmond Ind./Agric. Assoc. North Richmond Ind/Agric Assoc. PO Box 16 509 Brookside Dr. 506 Brookside Dr. Knightsen, CA 94548 Richmond, CA 94801 Richmond, CA 94801 Jack De Fremery Ed Meyer Larry Soenen Dept. of Agriculture Dept. of Agriculture United States Dept of Agric. 2366 "A" Stanwell Circle 161 John Glenn Drive Soil Conservation Service Concord, CA 94520 Concord, CA 94520 5552 Clayton Road Concord, CA 94521 Mark Dwelley Ray Harris Erik Vink Knightsen Community Council Knightsen Community Council American Farmland Trust Rt. 2 Box DD 174 2181 Prestwick 1949 5th Street, Suite 101 Oakley, CA 94561 Byron, CA 94514 Davis, CA 95616 Greg Carnill Leonard Gerry Jack Bloomfield American Farmland Trust Resource Conservation Dist. Resource Conservation Dist. 1949 5th Street - Suite 101 5450 Balfour Rd. 4955 Discovery Pt. Davis, CA 95616 Brentwood, CA 94513 Byron, CA 94514 Fisk Phelps, Director Mark Frelier Don Christen UC Cooperative Extension Services MRF Lands CC Taxpayers Assoc. 1700 Oak Park Blvd. Rm A-2 PO Box 2290 PO Box 27 Pleasant Hill, CA 94523 Carmel Valley, CA 93924 Martinez, CA 94553 Maeve Mitchell Mark Armstrong INTEROFFICE 310 Paloma Court P.O. Box 218 Dennis-Barry Martinez, CA 94553 Danville, CA 94526 Community Development INTEROFFICE Val Alexeeff Economic Development & Growth Management Department INTEROFFICE Supervisor Torlakson Claude Van Marter 300 E. Leland Ave. Suite 100 County Administrators Office Pittsburg, CA 94565 William Scott - VP Kent Murray AGLAND INVESTMENT 2364 Bixler Road 900 Larkspur Landing Circle,Suite 240 Brentwood, CA 94513 Larkspur, CA 94939 Randall Hatch Community Development Director City of Clayton . 1005 Oak Street Clayton, CA 94517 Kevin Gailey Mark Caughey Chief of Planning Planning Director Town of Danville City of El Cerrito 510 La Gonda Way 10890 San Pablo Avenue Danville, CA 94526 El Cerrito, CA 94530 Jay Tashird-- Planning Director Town of Moraga 350 Rheem Boulevard, Suite 2 Moraga, CA 94556 Irwin Kaplan David Dowswell Randy Jerome Planning Director City Planner Senior Planner City of Orinda City of Pinole City of Pittsburg 26 Orinda Way 2131 Pear Street 2020 Railroad Avenue Orinda, CA 94563 Pinole, CA 94564 Pittsburg, CA 94565 Rich Bottarini Jim Farah Craig Monroe Planning Director Planning Director Zoning Administrator City of Pleasant Hill City of Richmond City of San Pablo 100 Gregory Lane 27th and Barrett One Alvarado Square Pleasant Hill, CA 94523 Richmond, CA 94804 San Pablo, CA 94806 Phil Wong Kevin Roberts City of Dublin Planning Director Community Development Director 6500 Dublin Boulevard City of San Ramon City of Walnut Creek Dublin, CA 94566 2222 Camino Ramon 1666 North Main Street San Ramon, CA 94583 Walnut Creek, CA 94596 City of Livermore City of Pleasanton Federal Aviation Administration 2250 First Street 200 Bernal Avenue 831 Mitten Road Livermore, CA 94550 Pleasanton, CA 94566 _ Burlingame, CA 94010 Department of Conservation Department of Food and Agricultural 1416 Ninth Street, 13th Floor 1220 "N" Street Sacramento, CA 95814 Sacramento, CA 95814 State Parks and Recreation Office of.Planning and Research University of California P.O. Box 2390 1400 Tenth Street, Suite 222 Cooperative Extension Service Sacramento, CA 95811 Sacramento, CA 95814 960 East Street Pittsburg, CA 94565 Building Industry Association Citizens for a Better Contra Costa/ Citizens Land Alliance Eastern Division Citizens for Public Interest Planning 340 West Grant Line Road P.O. Box 5160 c/o: Ed Dimmick Tracy, CA 95376 San Ramon, CA 94583-5160 1251 Sheppart Court Walnut Creek, CA 94596 Contra Costa/Alameda County Contra Costa County Board of Realtors West Contra Costa-Board of Realtors Cattlemen's Association Central County 46th and Nevin Avenues 4400 North Livermore Avenue P.O. Box 5207 Richmond, CA 94805 Livermore, CA 94550 Walnut Creek, CA 94596 Delta Board of Realtors Tom Graff League of Women Voters of Diablo 3721 Sunset Lane, Suite A Environmental Defense.Fund Valley Antioch, CA 94509 Rockridge Market Hall 500 St. Mary's Road 5655 College Avenue Lafayette, CA 94549 Oakland, CA 94618 League of Women Voters of Richmond League of Women Voaters Greenbelt Atliance 237 Los Altos Drive Ms. Judy Garvens 116 New Montgomery, Suite 640 Kensington, CA 94707 682 Old Jonas Hill Road San Francisco, CA 94105 Lafayette, CA 94549 Mike Gleason. Sierra Club May Chapter) Sierra Club (Diablo) Greenbelt Alliance 5237 College Avenue 21 Anderson Circle P.O. Box 107 Oakland, CA 94618 Walnut Creek, CA 94595 Port Costa, CA 94569-0107 Sierra Club (National) Sierra Club Legal Defense Fund, Inc. West CC Conservation League 730 Polk Street 180 Montgomery Street, Suite 1400 Jean Siri San Francisco, CA 94109 San Francisco, CA 94104 1015 Leneve Place Richmond, CA 94530 Antioch Library Bayview Library Brentwood Library 501 West 18th Street 5100 Harnett Avenue 751 Third Street Antioch, CA 94509 Richmond, CA 94804 Brentwood, CA 94513 Central - Main Library Concord Library Crockett Library 1750 Oak Park Boulevard 2900 Salvio Street 991 Loring Avenue Pleasant Hill, CA 94523 Concord, CA 94519 Crockett, CA 94525 EI Cerrito Library EI Sobrante Library Kensington Library 6510 Stockton Avenue 4191 Appian Way 61 Arlington Avenue EI Cerrito, CA 94530 EI Sobrante, CA 94803 Kensington, CA 94707 Lafayette Library Martinez Library Moraga Library 952 Moraga Road 740 Court Street 1500 St. Mary's Road Lafayette, CA 94549 Martinez, CA 94553 Moraga, CA 94556 Oakley Library Orinda Library Pinole Library 118 East Ruby Street 2 Irwin Way 2935 Pinole Valley Road Oakley, CA 94561 Orinda, CA 94563 Pinole, CA 94564 Pittsburg Library Richmond Main Library Richmond West Side Library 80 Power Avenue Civic Center Plaza 135 Washington Avenue Pittsburg, CA 94565 Richmond, CA 94804 Richmond, CA 94801 Knightsen Town Council Clyde Civic Improvement Association Lesher News Bureau Attn: Kenneth W. Smith David Kory Attn: Gary Rivlin P.O. Box 42 419 Highland Court P.O. Box 471 Knightsen, CA 94548 Clyde, CA 94520 Martinez, CA 94553 Martinez News The Oakland Tribune Contra CoA. a Sun Attn: Randy Richardson Attn: Marina Gottschalk P.O. Box 499 615 Estudillo Street 2600 Barrett 3678 A Mt. Diablo Boulevard Martinez, CA 94553 Richmond, CA 94804 Lafayette, CA 94549 Contra Costa Times San Francisco Examiner Martinez News-Gazette P.O. Box 4718 725 Court Street, Room 411 Robert Osmond, Managing Editor 2640 Shadelands Drive Martinez, CA 94553 P.O. Box 151 Walnut Creek, CA 94596 Martinez, CA 94553 San Ramon Valley Herald West County Times Antioch Ledger Attn: Mike Myzlinski P.O. Box 123 P.O. Box 70 315 Diablo Road Pinole, CA 94564 1700 Cavallo Road Danville, CA 94526 Antioch, CA 94509 Bethel Island Beacon Brentwood News Business News Oakley Gazette Dave Roberts Attn: Tom London 6252 Bethel Island Road P.O. Box 517 60 Industrial Way Bethel Island, CA 94511 Brentwood, CA 94513 Brisbane, CA 94005 San Francisco Chronicle Post Dispatch Valley Pioneer Attn: Marty Halstuk/Erin Hallisy Attn: Bill Hutchinson P.O. Box 68 725 Court Street, Room 411 515 Railroad Avenue 322 South Hartz Avenue Martinez, CA 94553 Pittsburg, CA 94565 Danville, CA 94526 Valley Times Bay City News Service Bay Cities News P.O. Box 607 Attn: Bernadette Tansey Dick Fogel 127 Spring Street 625 Court Street, Room 411 1390 Market Street, Suite 324 Pleasanton, CA 94566 Martinez, CA 94553 San Francisco, CA 94102 Diablo Valley College enquirer Metro Reporter EI Cerrito Journal Diablo Valley College 1366 Turk Street Shannon Morgan, Assistant Editor Pleasant Hill, CA 94523 San Francisco, CA 94115 2936 Domingo Street Berkeley, CA 94705 East Bay Monitor Maggie Malone P.O. Box 258 San Ramon, CA 94583 t� Supervisor Canciamilla Supervisor Jim Rogers INTEROFFICE 315 E Leland Ave., Suite 100 100 37th St.Rm.270 Supervisor Gayle B.Uilkema Pittsburg,CA 94565 Richmond,CA 94805 District 2 Mitch Oshinsky Supervisor Donna Gerber Supervisor Mark De Saulnier Community Development Director 309 Diablo Road 2425 Bisso Lane,Suite 110 City of Brentwood Danville,CA 94526 Concord Ca 94520 708 Third Street Brentwood,Ca 94513 Ron Ward Bill Reeds Randy Hatch Community Development Director Community Development Director Community Development Director City of Antioch City of Concord City of Clatyon 212 H Street 1950 Parkside Drive 1005 Oak Street Antioch,CA 94509-0504 Concord,Ca 94519 Clayton,CA 94517 Mike Henn Marcia Raines Community Development Director Community Development Director Community Development Director City of Lafayette City of Martinez City of Hercules 251 Lafayette Circle 525 Henrietta Street 111 Civic Drive Lafayette,CA 94549 Martinez,CA 94553 Hercules,CA 94547 INTEROFFICE Larry Ferri,District Superintendent Clerk of the Board of Supervisors Mount Diablo State Park 96 Mitchell Canyon Road Clayton,CA 94517 Agricultural Trust File Catherine Kutsuris j:\agtrust.lab Community Development INHOUSE Agricultural Dept. Bob Doyle Ed Meyer Al McNabney EBRPD Agricultural Commissioner Audobon Society PO Box 5381 1161 Leisure Lane#7 Oakland, CA 94605-0381 INTEROFFICE Walnut Creek, CA 94596 Michele Perrault Save Mt. Diablo Seth Adams Sierra Club PO Box 5376 85 Second St., 2nd Floor Walnut Creek, CA 94596 San Francisco, CA 94105-3441 Gerry Keenan Tina Batt John Chapman Martinez Regional Land Trust EBCF PO Box 2452 671 Clipper Hill Road Martinez, CA 94553 Danville, CA 94526 East Bay Community Foundation Ben Bank Virginia Hooper 510 Wickson Ave. Oakland, CA 94610 John Chapman Mike Howe Joe Hirsch 850 Hornet Drive Danville, CA 94526 Matt Weiser Jim Gwerder David S. Roche Ledger Dispatch 105 East 10th Street Dean Witter Reynolds, Inc. 1650 Cavallo Road Tracy, CA 95376 1850 Gateway Blvd., Suite 130 Antioch, CA 94509 Concord, CA 94520 Dion Bezaguet Sarah Mora Mike Vukelich 638 Palomino Drive CCC Farm Bureau Farm Bureau Pleasanton, CA 94588 5554 Clayton Road Box 20060 Concord, CA 94521 EI Sobrante, CA 94820 Mike Vukelich Al Courchesne Ron Nunn PO Box 20060 PO Box 872 741 Sunset Road EI Sobrante, CA 94820 Brentwood, CA 94513 Brentwood, CA 94513 Tom Powers Hal Boex Sam Stewwrt Cowell Foundation 34441 Tice Creek Drive#10 PO Box 16-- 80 J80 Nicholl Ave, Walnut Creek, CA 94595 Clayton, CA 94517 Richmond, CA 94801 Jerry Tennant Rick Gilmore Rosemary Hawkins 1000 Hoffman Lane PO Box 160 4080 Legion Court Byron, CA 94514 Byron, CA 94514 Lafayette, CA 94549-3324 Tim Deveane Frank E. Pereira Jerry Tennant 218 Milo Place Citizens Land Alliance 1000 Hoffman Lane San Ramon, CA 94583 6040 Alhambra Valley Road Byron, CA 94514 Martinez, CA 94553 Tom Mooers Jeff Willett Tim Donahue Greenbelt Alliance 3517 Daywood Circle 2412 Cambridge Drive 500 Ygnacia Valley Road, Suite 250 Antioch, CA 94509 antioch, CA 94509 Walnut Creek, CA 94596 J. J. Appel Debra Snider Aaron Meadows , 1364 Virginia Street 2144 Megan Drive PO Box 5 Danville, CA 94526 Oakley, CA 94561 Oakley, CA 94561 Mrs. Brenda Morris Mel Stenhammer John Montgomery 7058 Morgan Territory Road 1134 Easley Drive 422 Leon Court Livermore, CA 94550 Clayton, CA 94517 Clayton, CA 94517