Chapter 17.48 — RIGHT TO FARM

• A. The city council finds that commercially viable agricultural land exists within the city, and that it is in the public interest to enhance and encourage economically viable agricultural operations within the city. The city council also finds that residential and commercial development adjacent to certain agricultural lands often leads to restrictions on agricultural operations to the detriment of the adjacent agricultural uses and the economic viability of the city's agricultural industry as a whole.

• B. The purposes of this chapter are to promote public health, safety and welfare and to support and encourage continued agricultural operations. This chapter is not to be construed as in any way modifying or abridging state law as set forth 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 provisions of state law relative to nuisances, rather it is only to be utilized in the interpretation and enforcement of the provision of this code and city regulations and provide a forum to discuss and resolve disputes to avoid litigation.

• C. This chapter is to promote a good neighbor policy between agricultural and nonagricultural property owners by providing owners of property adjacent to or near agriculture operations a forum to discuss problems resulting from agricultural operations including, but not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through a discussion forum, property owners will understand the impact of living adjacent to or, near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas and agricultural operations.

• (Ord. 1633 § 1, 1994)

"Agricultural land" shall mean all that real property within the city of Pleasanton currently zoned in the A (Agricultural) Zoning District or in another zoning district and may be used for "agricultural operations" as defined herein.

"Agricultural operation" shall mean and include, but not be 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, floriculture, nursery products, timber or apiculture, the raising of livestock, poultry and any commercial agricultural practices performed as incidental to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, consistent with all city regulations. (Ord. 1633 § 1, 1994)

No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land shall become or be a nuisance, private or public, due to any changed condition of the use of adjacent land in or about the locality thereof, provided that the provisions of this section shall not apply whenever a nuisance

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City of Pleasanton, CA

PLEASANTON CODE

§ 17.48.030

§ 17.48.060

results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any stream, canal, or basin or any public park, square, street or highway.

(Ord. 1633 § 1, 1994)

Should any dispute arise regarding any inconveniences or discomforts occasioned by agricultural operations, including, but not limited to, noises, odors, fumes, dust, the operations of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, the parties shall submit the dispute to the city council in an attempt to resolve the matter prior to filing any court action as set forth below. (Ord. 1633 § 1, 1994)

In the event a dispute rises between an owner of an agricultural operation and a resident (or residents) in or about the locality thereof as to whether a particular agricultural operation constitutes a nuisance, the city council may request the Alameda County agricultural advisory committee to act as a mediator in such dispute. The agricultural advisory committee may decline any such request to consider or issue an advisory opinion or mediate a dispute.

The agricultural advisory committee may request technical assistance from city agencies, departments, private industry or the general public in the course of investigation and evaluating any dispute.

(Ord. 1633 § 1, 1994)

• A. Any dispute between the parties shall be submitted to the city council within 30 days of the date of the occurrence of the particular activity giving rise to the dispute or of the date a party became aware of the occurrence.

• B. The parties to a dispute recognize the value and importance of full discussion and complete presentation and agreement concerning all pertinent facts in order to eliminate any misunderstandings. The parties will cooperate in the exchange of pertinent information concerning the controversy.

• C. The dispute shall be presented to the city council by written request of one of the parties within the time limits specified. Thereafter the city council may investigate the facts of the dispute, but must, within 30 days of the written request, either hold a meeting to consider the merits of the matter and within 10 days of the meeting must render a written decision to the parties or refer the dispute to the Alameda County agricultural advisory committee within 45 days of the date the written request was presented to the council. Within 90 days of the referral of the dispute from the city council, the agricultural advisory committee must render a written decision to the parties. At the time of the city council meeting both parties shall have an opportunity to present what each considers to be pertinent facts. This matter may be continued from time to time as determined by the city council or the agricultural advisory committee.

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City of Pleasanton, CA

• D. The decision of the city council and/or agricultural advisory committee shall be binding. (Ord. 1633 § 1, 1994)

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City of Pleasanton, CA

PLANNING AND RELATED MATTERS

§ 17.50.010

§ 17.50.020