Morgan Hill Municipal Code Ch. 8.50 Right-to-Farm

The purposes of this chapter are to promote public health, safety and welfare and to support and encourage continued agricultural operations in the city of Morgan Hill, the county of Santa Clara and the state of California. In addition, this chapter helps implement Section G, commencing with Goal 25. A Viable Agricultural Industry, of the land use element of the city's General Plan. This section of the General Plan land use element is designed to protect and preserve agricultural operations within and adjacent to City boundaries through the establishment of several goals, policies and actions.

(This chapter is not to be construed as in any way modifying or abridging state law as set out 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 provisions of this code.)

(Ord. 1293 N.S. § 1 (part), 1996)

"Agricultural land" means all that real property within the boundaries of Morgan Hill or Santa Clara County currently used for agricultural operations or upon which agricultural operations may in the future be established.

"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, on-farm marketing, and processing of any agricultural commodity, including viticulture, horticulture, mushrooms, timber or agriculture, the raising of livestock, fur-bearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

"Proper and accepted customs and standards" means the compliance with all applicable state and federal statutes and regulations governing the operation of the agricultural processing activity, operation, facility or appurtenances thereof with respect to the condition or effect alleged to be a nuisance.

(Ord. 1293 N.S. § 1 (part), 1996)

A. Pursuant to Section 1102.6a of the California Civil Code, it is intended by Section 8.50.040 of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

B. Upon any transfer of real property 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 transfer of residential stock cooperative, the transferor shall require that the disclosure statement set forth in subsection C of this section shall be signed by the purchaser or lessee.

C. The disclosure required by subsection B of this section, as may be amended administratively from time to time, shall remain on file in the office of the city clerk of the city of Morgan Hill. The disclosure shall include but not be limited to the following: a statement recognizing the city's support for the right to farm agricultural lands within the city of Morgan Hill, the county of Santa Clara, and the state of California, a statement that agricultural operations where permitted and conducted in a manner consistent with accepted customs and practices shall not be deemed a nuisance by the city, and a list of the effects and inconveniences which can be associated with living near agricultural operations conducted in accordance with accepted customs and standards.

(Ord. 1293 N.S. § 1 (part), 1996)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, or unconstitutional, by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the chapter.

(Ord. 1293 N.S. § 1 (part), 1996)

A. Should any controversy arise regarding any inconveniences, or discomforts, occasioned by agricultural operations, including, but not limited to, noises, odors, fumes, dust, the operation of machinery of any kind during any twenty-four-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 controversy to arbitration and a grievance committee as set forth below in an attempt to resolve the matter prior to the filing of any court action.

B. Grievance Committee. The grievance committee shall consist of three members. One member, who shall act as chairperson, shall be from the Santa Clara County office of human relations, one member shall be from the Santa Clara County farm bureau, and one member shall represent the interested homeowners' association, or aggrieved property owner, as designated by the chairperson. Should a representative from the office of human relations not be available, a chairperson shall be appointed by the Morgan Hill city council.

1. Any controversy between the parties may be submitted to a grievance committee within thirty days of the date of the occurrence of the particular activity giving rise to the controversy, or the date a party became aware of the occurrence.

2. The parties 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.

3. The controversy 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 controversy, but must, within thirty days, hold a meeting to consider the merits of the matter and within twenty days of the meeting must 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.

4. The decision of the committee shall not be binding. If, however, one of the parties is not satisfied with the committee decision, upon agreement of both parties, the matter may be submitted to binding arbitration according to the procedures set forth in subsection (B)(5) of this section.

5. Binding Arbitration Procedures.

a. The controversy between the parties shall be submitted to arbitration upon the written agreement of both parties.

b. The parties shall each appoint one person to hear and determine the dispute. If these two arbitrators cannot agree, then the two arbitrators shall choose a third impartial arbitrator who shall make the decision. The cost of the arbitration shall be borne by the losing party, or in such proportions as the arbitrators shall decide.

(Ord. 1293 N.S. § 1 (part), 1996)