Chapter 6.28 — FARMING RIGHTS

"Agricultural land" means all that real property within the unincorporated boundaries of Alameda County currently zoned in the "A" (agricultural) zoning district or with combining district "L" (limited agricultural) or in another zoning district and may be used for agricultural operations as defined herein.

"Agricultural operation" means and includes, but is 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, floriculture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial agricultural practices performed as incidental to or in conjunction with such operations, including carriers for transportation to market, consistent with all county regulations.

(Ord. 2000-61 § 1 (part): prior gen. code §§ 3-310.0, 3-310.1)

A.

The board of supervisors finds that commercially viable agricultural land exists within the county, and that it is in the public interest to enhance and encourage economically viable agricultural operations within the county. The board of supervisors 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 county'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 in the county. 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 chapter and implementing 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. 2000-61 § 1 (part): prior gen. code §§ 3-311.0—3-311.2)

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 results from the neglect 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 navigable lake, stream, river, canal or basin or any public park, square, street or highway.

(Ord. 2000-61 § 1 (part): prior gen. code § 3-312.0)

Should any dispute arise regarding any inconvenience or discomforts occasioned by agricultural operations, including, but not limited to, noises, odors, fumes, dust, the operations of machinery of any kind during any twenty-four (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 may submit the dispute to the Alameda County agricultural advisory committee created by the county board of supervisors in an attempt to resolve the matter prior to filing any court action as set forth below.

(Ord. 2000-61 § 1 (part): prior gen. code § 3-312.1)

In the event a dispute arises 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, an interested party shall submit a written request to the 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 establish a subcommittee that would meet in a closed door session to mediate the dispute. The subcommittee shall consist of five agricultural advisory committee members: two ex-officio members and three voting members.

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

(Ord. 2000-61 § 1 (part): prior gen. code § 3-312.2)

A.

Any dispute between the parties shall be submitted to the agricultural advisory committee within thirty (30) days of the date of the occurrence of the particular activity giving rise to the dispute or of the date 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 committee by written request of one of the parties within the time limits specified. Thereafter the committee may investigate the facts of the dispute, but must, within thirty (30) days, hold a public meeting to consider the merits of the matter and within twenty (20) days of the meeting must render a written decision as described in Section 6.28.050 to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts and witnesses. If the dispute request is declined, the agricultural advisory committee will inform the parties of their right to pursue other courses of action. In the event that the dispute is referred to a subcommittee for mediation, the subcommittee shall report to the agricultural advisory committee the result of any such mediation. This matter may be continued from time to time as determined by the agricultural advisory committee.

D.

The decision of the committee or subcommittee shall not be binding and without prejudice to the parties who present the dispute to any other governmental agency or body should the parties not consent to the decision of the committee.

(Ord. 2000-61 § 1 (part): prior gen. code § 3-312.3)

A.

As a condition of approval of a discretionary development permit, including, but not limited to tentative subdivision and parcel maps, use permits and rezoning, prezoning and planned developments, relating to property located within two thousand (2,000) feet of agricultural land, agricultural operations or agricultural processing facilities or operations, every transferor of such property shall, upon transfer, insert the restriction recited below in the deed or other instrument transferring any right, title or interest in the property to a transferee.

RIGHT TO FARM RESTRICTION

Alameda County permits operation of properly conducted agricultural operations within the County.

You are hereby notified that the property you are acquiring an interest in is located within 2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agriculture or agricultural processing facilities operations. Discomfort and inconvenience may include, but is not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24-hour period.

One or more of the inconveniences described above may occur as a result of agricultural operations which are in compliance with existing laws and regulations 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 an area with a strong rural character and an active agricultural sector.

Lawful ground rig or aerial application of pesticides, herbicides, fungicides, rodenticides and fertilizers occurs in farming operations. Should you be concerned about spraying, you may contact the Alameda County Agricultural Commissioner.

The Alameda County Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with the law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse may be possible by, among other ways, contacting the appropriate agency.

B.

This right to farm restriction shall be included in all subsequent deeds and leases for this property until such time as the property is not located within two thousand (2,000) feet of agricultural land or agricultural operations as defined by Section 6.28.010.

C.

The failure to include the restriction required by this section in any deed or other instrument shall not invalidate any transfer.

(Ord. 2000-61 § 1 (part))

A.

Pursuant to Section 1102.6a of the California Civil Code, it is intended by Section 6.28.080 to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

B.

Every transferor of property subject to the requirements of Section 6.28.070 shall, upon transfer, also provide to any transferee the notice of right to farm recited below in writing. The notice of right to farm may be contained in any form of agreement or contract; however, the notice need be given only once in any transaction. The transferor shall acknowledge delivery of the notice and the transferee shall acknowledge receipt of the notice.

NOTICE OF RIGHT TO FARM

Alameda County permits operation of properly conducted agricultural operations within the County.

You are hereby notified that the property you are acquiring an interest in is located within 2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facilities

operations. Discomfort and inconvenience may include, but is not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24-hour period. Should any dispute arise regarding any inconvenience or discomforts from an agricultural operations the parties may submit the dispute, within 30 days of the date of the occurrence, to the Alameda County Agricultural Committee created by the Board of Supervisors.

One or more of the inconveniences described above may occur as a result of agricultural operations which are in compliance with existing laws and regulations 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 an area with a strong rural character and an active agricultural sector.

Lawful ground rig or aerial application of pesticides, herbicides, fungicides, rodenticides and fertilizers occurs in farming operations. Should you be concerned about spraying, you may contact the Alameda County Agricultural Commissioner.

Alameda County Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse may be possible by, among other ways, contacting the appropriate agency.

This notification is given in compliance with the Alameda County Code Section 6.28.080 By initialing below, you acknowledging receipt of this notification.

_____ _____ Transferor's Initials Transferee's Initials

C.

The failure to give the notice required by this section shall not invalidate any transfer.

(Ord. 2000-61 § 1 (part))