Sacramento County Municipal Code Ch. 14.05 Agricultural Activities

The Sacramento County Board of Supervisors, through adoption of the County General Plan on January 26, 1982, established policies relating to agricultural uses within the County. Intensive agricultural uses, even when conducted by the most responsible operator, can result in noise, odor, dust and other impacts which are tolerated and expected by similar operators. However, residents of adjacent property may not be as tolerant of these activities and may perceive them as a nuisance to the enjoyment of their home and property. It is important that adjacent property owners understand that those elements of agricultural production which may not be considered as desirable are acceptable in the furtherance of the General Plan goals for preservation and enhancement of agricultural production. Therefore, it is essential that notification be provided to residents of property located near properties designated for general agricultural use that these agricultural uses are encouraged, that accepted agricultural practices may continue, and that efforts to prohibit, ban, restrict or otherwise eliminate established agricultural uses will not be favorable received. Therefore, the notification and mediation procedures to accomplish this goal are hereafter set forth.

(SCC 0802 § 2, 1990)

"Agricultural land" shall mean all that property within the boundaries of Sacramento County currently designated Agricultural Cropland, Agricultural-Recreation Reserve, Agricultural-Urban Reserve, or General Agricultural on the Sacramento County General Plan. In addition, those properties zoned AG-160, AG-80, AG-40, AG-20, A-80, A-20, A-10, AR-10, A-5, AR-5, A-2, AR-2, UR, or IR will also be considered "agricultural land" for the purpose of this chapter because the Sacramento County Zoning Code allows general agricultural uses in these zones.

(SCC 0802 § 2, 1990)

Shall include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture; the raising of livestock, fur-bearing animals, fish, or poultry; and any practices performed by a farmer or on a farm as incidental to or in conjunction with such farming operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(SCC 0802 § 2, 1990)

"Director" shall mean the Director of the Planning and Community Development Department.

(SCC 0802 § 2, 1990)

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 in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operations for more than three years if it was not a nuisance at the time it began.

b. Subsection (a) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstructs the free passage or use, in the customary manner, or any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

c. This section shall not invalidate any provisions contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provisions.

(SCC 0802 § 2, 1990)

This chapter of Title 14 shall apply to all properties within the boundaries of the unincorporated area of the County of Sacramento.

(SCC 0802 § 2, 1990)

a. Within one year of the date of adoption of the ordinance codified in this chapter, the Director shall cause notice to be mailed to owners of all property designated for agricultural use in the General Plan as well as adjacent to such property, located within the unincorporated area of Sacramento County, advising the owners that the Board of Supervisors has adopted a "Right-to-Farm Ordinance." The Board of Supervisors may elect to mail copies of this notice every three to five years with the annual tax bill as funds are available for such distribution. The notice may be in the form of a brochure, flyer, or some similar condensed document which outlines the general provisions of the ordinance and includes, substantially, the following statement:

"The Board of Supervisors of Sacramento County, on July 10, 1990, adopted a Right-to-Farm Ordinance. The purpose of this ordinance is to insure that established agricultural operations which are operated in a manner consistent with proper and accepted customs and standards be allowed to continue. Residents of property which are adjacent to land which is zoned for agricultural use or which is designated on the Sacramento County General Plan for agricultural use may be subject to inconveniences or discomfort from the pursuit of agricultural operations including but not limited to cultivation, plowing, spraying, fertilizing, pruning, and harvesting which occasionally generates dust, smoke, noise and odor; from the noise, odors, and other features attributed to the keeping of farm animals; and from the conduct of farming activities during typical working hours, as well as late in the evening, early in the morning, or 24-hours a day during certain times and seasons of the year. The Sacramento County Board of Supervisors has designated areas within its boundaries for agricultural uses and has adopted policies supporting continued agricultural production. Residents within these areas and on adjacent property should be prepared to accept such inconvenience and recognize that these uses will occur. If, however, an agricultural operation is being conducted in a manner which does not appear to be consistent with accepted agricultural practices, any person may file a complaint with the office of the Agricultural Commissioner, located at 4137 Branch Center Road, Sacramento, California."

b. For the purpose of mailing such notice the Director may utilize addresses from postal service zip code lists which include all property designated for agricultural use on the General Plan and property adjacent to property so designated. Failure to receive such notice shall not relieve any property owner or resident from any of the terms of this chapter.

(SCC 0802 § 2, 1990)

From time-to-time, complaints may be raised by residents that agricultural activities are not being conducted in a reasonable manner, or that the operator of an agricultural operation is not using currently acceptable methods in the conduct of the farm. Therefore, a procedure is hereby established whereby any property owner or resident may file a complaint with the office of the Agricultural Commissioner. Complaints must be in writing and must specify the property on which the activity is occurring, the nature of the unacceptable activity, dates or times when the activity occurs, and any other pertinent information which may assist in the resolution of the dispute. The Board of Supervisors may, upon recommendation of the Agricultural Commissioner, establish a fee to offset the costs of processing the complaint.

(SCC 0802 § 2, 1990)

The Agricultural Commissioner will be the responsible party for determining whether the agricultural activity is being conducted in a reasonably acceptable manner, based on all information available to him or her. The Agricultural Commissioner may require that specified corrective action take place and that the corrective action occur within a certain period of time. The Agricultural Commissioner may determine that the operation is being conducted in a reasonable manner and remedial action is not necessary. If the decision of the Agricultural Commissioner does not result in a solution agreeable to all parties, the matter will be referred to the Agricultural Advisory Committee for a recommendation as to an appropriate resolution. If, after a final decision is rendered by the Agricultural Commissioner based on a recommendation offered by the Agricultural Advisory Committee, one of the parties to the complaint is dissatisfied with the decision, that decision may be appealed to a Hearing Officer, as provided in Section 14.05.420. The Board of Supervisors may, upon recommendation of the Agricultural Commissioner, establish a fee to offset the costs of processing an appeal.

(SCC 0802 § 2, 1990)

The Agricultural Advisory Committee shall make recommendations to the Agricultural Commissioner as to appropriate resolution of complaints filed concerning the operation of agricultural uses in Sacramento County. The Agricultural Advisory Committee will consider referrals from the Agricultural Commissioner in those instances where an acceptable resolution cannot be reached.

(SCC 0802 § 2, 1990; SCC 1492 § 4, 2011)

In the case of a dispute as to the appropriate resolution of a complaint, any party may request a hearing before a Hearing Officer by filing an appeal in the Office of the Agricultural Commissioner. The hearing shall be conducted by an individual who is designated by the County Executive. The individual may be an employee of the County who is not assigned to the Agricultural Commissioner's Office, or an individual who is not an employee but is retained pursuant to a contract to provide such services. The County Executive is hereby authorized by contract in the name of the County for the services of such a Hearing Officer at rates for such services which do not exceed $75 per hour of service rendered.

(SCC 0802 § 2, 1990)

The Hearing Officer shall conduct a hearing for the purpose of receiving information from the individual appealing the decision, the Agricultural Commissioner, the property owner/operator, the complainant, and any other interested party. The hearing shall be tape recorded and all documents presented as evidence shall be maintained as part of the record of the hearing. At the conclusion of the hearing, the Hearing Officer shall issue a written decision, including findings of fact and conclusions of law respecting the disposition of the complaint. The decision of the Hearing Officer shall be final.

(SCC 0802 § 2, 1990)

The Agricultural Commissioner shall prepare an annual report, outlining the number and nature of complaints received, and the resolution of those complaints. This report shall be provided to each member of the Board of Supervisors no later than February 1st of each year. The purpose of the report will be to identify for the Board the volume, subject, and resolution of complaints from residents near agricultural operations. This information may assist the Board in determining the appropriateness of certain types of land uses within agricultural areas, and in identifying appropriate buffering techniques between those uses which may resolve disputes before they occur.

(SCC 0802 § 2, 1990; SCC 0808 § 1, 1990)