HomeMy WebLinkAboutMINUTES - 10141997 - C22 ORDINANCE NO. 97-38
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. 97-38 § 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.
(3) An additional purpose of this ordinance is to promote a good-neighbor policy by
ORDINANCE NO. 97-38
1
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. 97-38 § 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, including publicly-owned land designated for park,recreation, open
space,watershed, or other public purposes.
(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 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. 97-38 § 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. 97-38
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. 97-38 § 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. 97-38 § 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. 97-38 § 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. 97-38 § 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. 97-38
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
Farmordinance. If your property is located in the unincorporated area of the county, near an
agricultural operation or an agricultural processing operation, including such operations located
on publicly-owned land designated for park, recreation, open space,watershed, or other public
purposes, 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 Right To Farm Ordinance also establishes a grievance
procedure to help resolve any disputes between agricultural operators and their neighbors. 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, 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. 97-38 § 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. 97-38 § 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.
ORDINANCE NO. 97-38
4
(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
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, including such operations located on
publicly-owned land designated for park,recreation, open space,watershed, or other public
purposes,you may be subject to inconveniences or discomfort arising from such operations.
ORDINANCE NO. 97-38
5
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 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. Contra Costa County has established a
grievance procedure to help resolve any disputes which might arise between agricultural
operators and their neighbors. 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, at
651 Pine Street, 4`'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
ORDINANCE NO. 97-38
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. 97-38 § 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 named ,who has refused to sign.
I declare the foregoing to be true.
Date: Signature: Print Name: "
(Ord. 97-38 § 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
ORDINANCE NO. 97-38
7
should be accompanied by personal discussions, if possible,to enable the claimant and the
operator to attempt to reach a mutually agreeable reconciliation.
(Ord. 97-38 § 2.)
820-8.004 Grievance procedure. (1) Should any controversy arise regarding any
inconveniences or discomfort occasioned by agricultural operations or agricultural processing
operations, which cannot be settled by direct notification, 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 the final member being the Farm Advisor
of the University of California Cooperative Extension or designee. Members of the committee
shall receive no compensation for carrying 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 days after the initial notification.
(5) Thereafter, the grievance committee may investigate the facts of the controversy,but
must,within thirty days,hold a meeting to consider the merits of the matter and within twenty
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
dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in
the exchange of pertinent information concerning the controversy.
(Ord. 97-38 § 2.)
820-8.006 Arbitration. If any controversy is not resolved by the initial notification or
grievance procedure 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. 97-38 § 2.)
ORDINANCE NO. 97-38
8
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
conflict herewith.
(Ord. 97-38 § 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 Contra Costa Ti mPs , a newspaper published
in this county.
PASSED ON October 14, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, Desaulnier
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors Board Chair
and County Administrator
By [SEAL]
eputy
ORDINANCE NO. 97-38
9
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CONSIDER I C
'ta; ®o®f I OCT 0 8 1997
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LIVESTOCK RECEIVED
Richard & Christine Fraser
9 M7
2805 Norris Canyon Road Home:510-831-9420
San Ramon,C6 94583 Richard's Pager 415-896-8160 - r
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CLERK BOARD OF SUPERVISORS
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-® CONTRA COSTA
WATER DISTRICT CONSIDER WITH C---.---2
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1331 Concord Avenue
P.O. Box H2O
Concord,CA 94524
(510)688-8000 FAX(510)688-8122
October 13, 1997
Directors
Joseph L.Campbell
President Contra Costa County
James Pretti Board of Supervisors
Vice President 651 Pine Street
Elizabeth R.Anello Martinez, California 94553-0095
Bette Boatmun
Noble O. Elcenko, D.C.
Walter J.Bishop Attention: Dennis Barry, AICP
General Manager Interim Community Development Director
Subject: "Right-to-Farm" Ordinance
Dear Boardmembers:
The Contra Costa Water District (CCWD) is generally in support of the "Right-to-
Farm" Ordinance as listed for adoption on the Board agenda on October 14, 1997
with one exception. As CCWD staff member Dennis Pisila indicated on October 7,
1997 before your Board, the exception was with additional language to Section 820-
2.006 Definitions as proposed by the East Bay Regional Park District (EBRPD)
in a letter dated October 2, 1997. CCWD's concern is that the language is
overbroad and may be misinterpreted. CCWD is suggesting language that retains
the intended protection of interests, while not being so overbroad as to go beyond
the intent of the measure.
CCWD understands the reason for the added language is to make people (including
new land purchasers) aware that agricultural activities may be conducted on nearby
regional parks, regional open space or other public lands. However, not all areas of
those lands are appropriate for agricultural activities. Furthermore, many watershed
lands must be protected in order to protect public water supplies. In many
instances, this means that agricultural operations, for example cattle grazing, must
be carefully managed, or prohibited, within watersheds used for public water
supplies. It is extremely important that CCWD take every precaution to make
certain that water quality is protected from its source to the user. Therefore, an
implication, including wording in the proposed Right-to-Farm disclosure ordinance,
that agriculture is fully allowable in watersheds for public water supplies would be
misleading and inappropriate.
It is therefore recommended that the word "watershed" be removed from the
proposed ordinance and that Section 820-2.006 Definitions be reworded to read:
Contra Costa County Board of Supervisors
October 13, 1997
Page 2
(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 (including appropriate
portions of publicly owned land designated for park, recreation, or
other public uses.)
The addition of "appropriate portions of would address the fact that much of the
publicly owned land is not conducive to agriculture by virtue of slope, vegetation or
other inherent characteristics. The language as suggested above retains the
protections of the interests that was intended, while not making the measure so
broad as to lead to misinterpretations.
The consideration by the Board of Supervisors of this important request by the
Contra Costa Water District would be most appreciated. Dennis McCormac,
CCWD Interagency Liaison, will be available at the Board meeting in order to
answer questions on the requested language change.
Sincerely,
Gregory Gartrell
Director of Planning
TL/GG/DP
cc: Walter J. Bishop, CCWD General Manager
Pat O'Brien, EBRPD General Manager
Val Alexeeff, Contra Costa County GMEDA Director
C. 22
10/8/97 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, 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
(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;including publicly owned iand�esgnatedfor park,recreation;
space,wat4ershed orwother pub��purposes.
(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 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
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modifying, invalidating, or abridging federal law or regulation, or 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 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
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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
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, clud�ng such p ratonsloted
on publicly owned land destgi�ated foark,recreationpen space}watershed�or atherpublic
. ...:- a� ... ... 77-7
purpose 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 Right To Farm Ordinance also establishes a grievance
preeessprocedure to lkh"elp resalvean disputes between agricultural operators and their
neighbors. 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, at 651 Pine
Street, 4t'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).
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(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
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,�cludmg such operations located on
.:
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publicly owned land designated for park recreation, 6pen spacewterslied,or other public
puipose , 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 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. Contra Costa County has established a
grievance eemmitteepr"ocedue to assist in the resolution ofhel resolve_any disputes which
might arise between gracultiral
o tors anthearneighbors. 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, 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.
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Seller Date
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 820-6.006, 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
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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.)
820-8.00-24 Grievance procedure. (1) Should any controversy arise
regarding any inconveniences or discomfort occasioned by agricultural operations or agricultural
processing operations, which cannot be settled by direct otrficati", 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 the final member being the Farm Advisor
of the University of California Cooperative Extension or designee. Members of the committee
shall receive no compensation for carrying 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 parry may submit the controversy to the grievance committee,by
written request,within thirty days after the
rise to the eentroversy or after the date the aggrieved party beeame aware of the oeeurrenee,
Atiehever oeettrs ,�`�u;�tial notification.
(5) Thereafter, the grievance committee may investigate the facts of the controversy,but
must,within thirty days, hold a meeting to consider the merits of the matter and within twenty
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
dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in
the exchange of pertinent information concerning the controversy.
be bome by the partieipants.
(Ord. 97- § 2.)
820-8.0046 Arbitration. If any controversy is not resolved by the initial notif canon or
grievance eomrnAteeprocedure to the satisfaction of either party, the parties may agree to enter
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r
l
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
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
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