§ 16.31

Unless the context otherwise requires, the following definitions govern the construction of this chapter in order for more effective interpretation and enforcement.

A.

"Agricultural land" means those land areas of the city designated with an agricultural land use category (Ag.) and/or agricultural zoning districts (R-1-A, A, A-2, and OS-2).

B.

"Agricultural operation" means and includes, but is not limited to, cultivation and tillage of the soil, the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, apiculture, the raising of livestock, dairying, fish, poultry, and commercial practices performed and incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market.

(Ord. 550 (part), 1994).

16.31.020 - Findings and policy.

A.

It is the policy of the city of Corning to protect agricultural production, and it is the intent of this policy to provide the citizens of the city proper notification of agriculture's right to farm.

B.

Where nonagricultural land uses, especially residential development, extend into agricultural areas or exist side by side, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operations.

C.

The further purpose of this code is to promote a good neighbor policy between agriculture and residents by establishing a buffer between agricultural and residential uses. Generally, buffer shall be defined as a physical separation of one hundred to two hundred feet. These may be modified based upon topographic features, a stand of trees, watercourse, or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for a buffer may be modified following a written recommendation from the agricultural commissioner.

D.

In addition to providing a buffer, this chapter advises purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with proximity to agricultural operations including but not limited to the sounds, odors, dust and chemicals that may accompany agricultural operations so that such purchasers and users will understand the inconveniences that accompany living side by side with agriculture.

(Ord. 550 (part), 1994).

No existing or future agricultural operation or any of its appurtenances conducted in a manner consistent with proper and accepted standards on agricultural land shall become or be a nuisance.

(Ord. 550 (part), 1994).

The transfer of any property located in the city of Corning shall include the delivery of the following disclosure statement required by this chapter to the prospective transferee as follows:

A.

In the case of a sale, as soon as practicable before transfer of title;

B.

In the case of transfer by real property sales contract, before execution of the contract. For the purpose of this subsection "execution" means the making or acceptance of an offer.

DISCLOSURE OF AGRICULTURAL ACTIVITIES

The City of Corning permits operation of properly conducted agricultural operations within the City Limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemicals and pesticides

and other agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crop and animals from depredation, and other activities which occasionally generate dust, smoke, noise, and odor. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept much inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.

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.

Property Address ___________ and Assessor's Parcel Number ___________

Seller Name ______________________

I/we acknowledge receipt of a copy of this statement.

Seller's signature ______________________

Date ________

Buyer's signature ______________________

Date ________

Agent's signature (Representing Seller) ___________

Date ________

Agent's signature (Obtaining the Offer) ___________

Date ________

A real estate broker is qualified to advise on real estate. If you desire legal advice, consult your attorney.

(Ord. 550 (part), 1994).

16.31.050 - Disclosure in subdividers and builders.

Disclosure statement by city to subdividers and builders shall be included in conditions placed upon tentative maps and shall also be delivered when new construction building permits are issued.

Property Location: Address ___________

APN ___________

The City of Corning permits operation of properly conducted agricultural operations within the City Limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that property within the City of Corning may be located close to agricultural lands and operations. You may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and other agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crop and animals from depredation, and other activities which occasionally generate dust, smoke, noise, and odor. Consequently,

depending on the location of your property, it may be necessary that you be prepared to accept much inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.

City Code requires that you disclose this to your buyers.

I declare that I have read and understand the foregoing disclosure pertaining to the property located at ___________, Assessor's Parcel Number ___________.

Dated: ________ Buyer's Signature: ___________

Print Buyer's Name: ______________________

(Ord. 550 (part), 1994).

Chapter 16.32 - RECONSIDERATION OF DECISION

Sections:

16.32.010 - Filing of request for reconsideration.

A.

The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may request reconsideration of any action with respect to a tentative map from the city council.

B.

Any such request for reconsideration shall be in writing and filed with the city clerk within ten days after the action from which the request for reconsideration is being made.

(Ord. 550 (part), 1994).

16.32.020 - Report of city clerk to planning department, department of public works, and applicant.

The city clerk shall report the filing of such notice to the planning department, the public works department and to the applicant, if the request for reconsideration is filed by anyone other than the applicant. A written report shall be submitted by the department of public works and the planning department to the city council, not later than the date set for hearing said request for reconsideration.

(Ord. 550 (part), 1994).