Chapter 4-42 — AGRICULTURAL PRESERVATION - RIGHT-TO-FARM

Sections:

Sec. 4-42-010. Purpose. Sec. 4-42-020. Relationship to Nuisance. Sec. 4-42-030. Disclosure Statement Required. Sec. 4-42-040. Conflicting Requirements.

• A. It is the policy of the City to conserve agricultural land to the maximum practical extent that is commensurate with the orderly growth and development of the City. It is the further intent of the City to provide to its residents proper notification of the City's recognition and support through the provisions of this Chapter of those persons right to farm.

• B. Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations frequently become the subjects of nuisance complaints because of a lack of information about the agricultural operations. Agricultural operators can be forced to cease or curtail their operations as a result. These actions discourage investment in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the County's agricultural industry. It is the purpose and intent of this Chapter to reduce the loss to the County of Merced of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance.

• C. An additional purpose of this Section is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with the purchase or residence. These problems may include the noises, odors, dust, chemicals, smoke, and hours of operation that may be associated with agricultural operations. It is intended that, through mandatory disclosures,

Gustine Zoning and Subdivision Code

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ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-42. AGRICULTURAL PRESERVATION - RIGHT-TO-FARM Sec. 4-42-030. Disclosure Statement Required.

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 a rural area.

• A. No agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations, shall be considered or become a nuisance, public or private, if it was not a nuisance when it began.

• B. This Chapter shall not be construed as in any way modifying or abridging applicable provisions State law in the Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances; rather it is only to be used in the interpretation and enforcement of the provisions of this Zoning and Subdivision Code and other applicable City regulations.

• A. When required. A disclosure statement in the form provided by Subsection B. shall be required as follows.

  1. Property transfer. Upon any transfer of real property, located anywhere within the City limits, by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground improved with dwelling units, the tranferor shall require that a statement containing the language set forth in Subsection B. shall be signed by the purchaser or lessee, and recorded with the County Recorder in conjunction with the deed or lease conveying the interest in real property.

  2. Planning permit approval. Upon the issuance of a planning permit or subdivision approval in compliance with this Zoning and Subdivision Code at any location in the City, the City will require the subject property owner, as a condition of approval, to sign a statement of acknowledgment containing the disclosure set out in Subsection B.2, on forms provided by the City, which shall then be recorded with the County Recorder.

  3. Subdivision approval. The Final Map or Parcel Map, and covenants, conditions, and restrictions of the subdivision, shall include a notation that the present and future owners of the property understand that pre-existing agricultural operations are present in an around the city and that those agricultural operations may emit noise, dust, odor, and occasionally use fertilizers, pesticides and herbicides in the normal pursuit of agricultural operations. Property owners or residents of this subdivision shall not have the right to lodge complaints for dust, noise, odor, or other descriptions associated with traditional agricultural operations.

  4. Building Permit issuance. The City will not issue any Building Permit on property where a disclosure form required under Subsection B.2 has not been recorded with the County Recorder.

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ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-42. AGRICULTURAL PRESERVATION - RIGHT-TO-FARM Sec. 4-42-030. Disclosure Statement Required.

• B. Form of disclosure. The disclosure required by Subsection A. shall be in the following form:

  1. Real estate transfer. REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF GUSTINE, COUNTY OF MERCED, STATE OF CALIFORNIA, DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION NO. 4-42-030 OF THE GUSTINE MUNICIPAL CODE OF , 1991. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

2. Sellers information.

• 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 CITY OF GUSTINE AND ARE NOT 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 Gustine encourages the operation of properly conducted agricultural operations within the County and City. The property you are purchasing is located near agricultural lands and you may be subject to inconveniences or discomfort arising from agricultural 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, soil amendments, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation which is in conformance with existing laws and regulations and accepted customs and standards. You should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county and city with a strong rural character and an active agricultural sector.
  

Seller certifies that the information herein is true and correct to the best of Seller's knowledge as of date signed by the Seller.

Seller Date Seller Date

3. Option of professional advice.

• 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 AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

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ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-42. AGRICULTURAL PRESERVATION—RIGHT-TO-FARM Sec. 4-42-040. Conflicting Requirements.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller___________________ Date____________________ Buyer___________________ Date____________________ Seller___________________ Date____________________ Buyer___________________ Date____________________ Agent (Broker Representing Seller) By Date (Associate Licensee or Broker-Signature) Agent (Broker Representing Seller) By Date (Associate Licensee or Broker-Signature) State of On this the day of ) SS. before me, the undersigned Notary County of Public, personally appeared

Personally known to me. Provided to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public Present A.P. No.

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

C. Reserved.

D. Refusal to sign disclosure statement. If a buyer refuses to sign the disclosure statement set forth in Subsection C., the transferor may comply with the requirements of this chapter by delivering the statement to the buyer as provided in this section 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 (Buyer's name) who has refused to sign.

I declare the foregoing to be true.

Date: (Sign) Print Name:

The provisions of this Chapter shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith and to the extent they do conflict with this Section they are hereby repealed with respect to the conflict and no more.

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ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES