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HomeMy WebLinkAboutORDINANCES - 10141997 - 97-38 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 8207.2 GENERAL 820-2.002 Short title. This division shall be known and may be cited as the Right To Fane 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 Farm ordinance. 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,41 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. 1/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 name) ,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 M1 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 Cnsta T;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 V� of the Board of Supervisors Board Chair and County Administrator r By L,4 [SEAL] eputy ORDINANCE NO. 97-38 9