8.01 — RIGHT TO FARM

This chapter is intended to carry out and advance several city agricultural goals and policies set forth in the city's 1993 general plan; such as, conservation/open space element policy 1.3.2.

It is the declared purpose of the city to preserve, protect and encourage ongoing agricultural operations within the city.

The city recognizes that when nonagricultural land uses extend into or are adjacent to agricultural areas, agricultural operations can become the subject of public nuisance complaints.

As a result, agricultural operators may be pressured to cease or curtail their operations.

Such actions result in premature conversion of agricultural and open space land to the detriment of adjacent agricultural uses and the economic viability of the agricultural industry as a whole.

One purpose for this chapter is to prevent loss of agricultural resources and damage to the local agricultural industry by creating a presumption that proper agricultural operations may not be deemed a public nuisance.

An additional purpose of this section is to promote a good neighbor policy by requiring notification to purchasers and users of property near agricultural operations of the inherent inconveniences associated with such operations.

Potential concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations.

Through mandatory disclosures and a grievance procedure, purchasers and users will better understand the impact of living near agricultural operations. (Ord. 612 § 1, 1999)

The following words and phrases shall have the meanings given in this section:

"Agricultural land" means all that real property within the boundaries of the city of Brentwood, within its sphere of influence and within its planning area upon which agricultural activities, uses, operations or facilities exist at the time of the adoption of this ordinance or in the future.

"Agricultural operation" means normal and customary farming and agricultural activities which may occur during any twenty-four-hour period of the day. Normal and customary farming and agricultural activities include, but are not limited to, the cultivation and tillage of the soil, the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity for wholesale or retail markets, including viticulture, horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such activities including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

"Proper and accepted customs and standards" means compliance with all applicable local, state and federal statutes and regulations governing agricultural operations to a degree which is consistent with compliance by agricultural operations in Brentwood and the surrounding region.

(Ord. 612 § 1, 1999)

No present or future agricultural operation conducted or maintained on agricultural lands, and in a manner consistent with proper and accepted customs and standards, shall be or become a public nuisance due to presence of a nonagricultural use near the agricultural operation if the agricultural operation has been established and was not a nuisance when it began. It shall be recognized that farm vehicles using public roadways oftentimes travel at slower speed than is customary for nonfarm vehicles. This shall not be considered a public nuisance. (Ord. 612 § 1, 1999)

Following adoption of this chapter, the city shall publish once a year in one or more newspapers of general circulation in the city and/or the city newsletter the following disclosure statement:

"The City of Brentwood has declared its policy to protect and encourage agricultural operations in its 1993 General Plan and has recently adopted a " Right to Farm Ordinance." If your property is located in the City, near an agricultural operation, you may at times be subject to inconvenience or discomfort arising from those operations, including noise, odors, fumes, dust, smoke, insects, 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 and other similar inconveniences will not be considered a public nuisance if they are conducted according to proper and accepted customs and standards. The Right to Farm Ordinance 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 City's Community Development Department at 104 Oak Street, Brentwood, CA 94513."

The disclosure statement set forth above is given for informational purposes only, and nothing in this section or in the disclosure statement shall prevent any person from taking any other available remedy concerning any unlawful or improper agricultural practice. (Ord. 612 § 1, 1999)

Upon the issuance of a discretionary development entitlement, from and after the effective date of the ordinance codified in this chapter, including, but not limited to, tentative subdivision maps, parcel maps, and land use permits, for use on, adjacent to, or within two thousand feet of agricultural land, the entitlement shall include a condition that the owner(s) of the property shall be required to sign and record the disclosure statement set forth above in a final form approved by the city's community development department. The signed disclosure statement shall be recorded by the owner(s) and run with the land. (Ord. 612 § 1, 1999)

In accordance with the provisions of Section 1102.6a of the California Civil Code, upon any transfer of real property adjacent to, or within two thousand feet of agricultural land 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 below, as soon as practicable following the transferee's offer to purchase, or similar offer, but no later than five days before transfer of title. In all other respects, the disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.3 and 1102.10, as may be amended.

Exceptions to the application of this section are set forth in Civil Code Section 1102.2, as may be amended.

Disclosure Statement:

"RIGHT TO FARM REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS

_________________ (Address and APN)

DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY OR PROPERTIES ADJACENT THERETO IS IN COMPLIANCE WITH BRENTWOOD MUNICIPAL CODE CHAPTER 8.01. 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.

SELLER'S 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 this property.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF BRENTWOOD, 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 City of Brentwood permits and supports operation of properly conducted agricultural operations, as defined in the City's Right To Farm Ordinance (Chapter 8.01 of the City Municipal Code), within its boundaries. If the property you are purchasing is located in the City, within 2000 feet of agricultural lands or operations, or within 2000 feet of an area zoned or designated by the City 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 that is in conformance with existing laws and regulations and with proper and accepted customs and standards. The City has determined that the use of real property for agricultural operations is a high priority and will not consider those inconveniences or discomforts arising from established agricultural operations to be a public nuisance, provided such operations are 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 City with a historically strong rural character and an active agricultural sector. By utilizing the County of Contra Costa Agricultural Commissioner's Office, the Brentwood Right to Farm Ordinance has 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 City of Brentwood, 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.

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 (Representing Seller): Date:

(Associate Licensee or Broker):

Agent (Obtaining the Offer):

________Date:

(Associate Licensee or Broker)

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. 612 § 1, 1999)

If a transferee refuses to sign the disclosure statement set forth in Section 8.01.060, the transferor may comply with the requirements of this chapter by delivering the statement to the transferee 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. 612 § 1, 1999)

A party who believes in good faith that an agricultural operation is causing inconvenience or discomfort and is conducted in a manner inconsistent with proper and accepted agricultural customs and standards shall notify the operator in writing of such concerns. The submission of such 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. 612 § 1, 1999)

Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations, which cannot be settled by the required initial notification, the parties involved may agree to submit the controversy to the grievance committee established by the Contra Costa County Right to Farm Ordinance (County Ordinance No. 97-38) as set forth below.

• A. An aggrieved party may submit the controversy to the Contra Costa County agricultural commissioner, by written request, within thirty days after the initial notification.

• B. 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.

• C. The decision of the grievance committee shall be advisory only.

• D. The effectiveness of the grievance committee to resolve 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. 612 § 1, 1999)

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, or similar proceedings authorized by other applicable laws. (Ord. 612 § 1, 1999)

In addition to the disclosure requirements described above, an agricultural buffer/transition area may be included in certain new developments adjacent to land designated in the city general plan for agricultural use in order to prevent the loss of productive agricultural land, minimize future potential conflicts between agricultural and nonagricultural land uses and protect public health and safety. The analysis to justify imposition of an agricultural buffer/transition area shall be undertaken on a case-by-case basis.

(Ord. 612 § 1, 1999)

This chapter is not to be construed in any way as modifying, preempting or abridging any federal, state or Contra Costa County law or regulation. This chapter shall take precedence over all other provisions of this code, city ordinances or parts of ordinances, and council resolutions or parts of resolutions, in conflict herewith.

(Ord. 612 § 1, 1999)

CHAPTER 8.04 FOOD-HANDLING ESTABLISHMENTS