San Benito County Municipal Code Art. I Agricultural Community Disclosure

The Board of Supervisors finds that commercially viable agricultural land exists within the county and that it is in the public interest to preserve and protect this land for agricultural operations. The Board of Supervisors also finds that residential and non- residential development adjacent to, or nearby, certain agricultural lands also conflicts with agricultural operations to the potential detriment of the adjacent agricultural uses and of the economic viability of the county’s agricultural industry as a whole.

(1966 Code, § 2A-1) (Ord. 624, § 2(part))

The purpose of this article is to inform the owners and possessors of property in the county that the use and enjoyment of property in the county depends on the zoning district within which the property lies. Since the county is an agricultural community, much property lies within, or adjacent to, a zoning district that allows some form of agricultural operations to exist. Therefore, owners and possessors of property in the county should expect that the use and enjoyment of their property will depend on the subject zoning district’s permissible and conditional uses, which uses in many cases will be a form of agricultural operations.

(1966 Code, § 2A-2) (Ord. 624, § 2(part))

This article shall not be in any way construed as modifying or abridging federal or state law, or county ordinances, including without limitation, the zoning ordinance. This article does not authorize an agricultural operation to unlawfully interfere with the use and enjoyment of property located in the county.

(1966 Code, § 2A-3) (Ord. 624, § 2(part))

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL OPERATIONS. The cultivation and tillage of the soil; dairying; the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and commercial agricultural practices performed as incident to or in conjunction with the operations, including preparations for market, delivery to storage, to market or to carriers for transportation to market.

TRANSFER OF AN INTEREST IN REAL PROPERTY. As the term is used in requiring the recording of a disclosure statement, shall exclude:

(1) Transfers involving the creation of trust, where the trustor is the same person as the trustee or a beneficiary; or

(2) Transfers from one co-owner to one or more other co-owners. Spouse or former spouses may fall within this exclusion.

(1966 Code, § 2A-4) (Ord. 624, § 2(part))

The disclosure statement represented by Attachment A, which is attached to the ordinance codified in this article, shall be required as specified.

(A) The county shall mail a copy of the disclosure statement to all owners of real property interests located in the county in conjunction with the annual tax statements, without regard to location of the real property.

(B) The Board elects that the local option disclosure form referred to in Cal. Civil Code § 1102.6a shall be required in all transfers of real property in the county. The Board further determines that Part I of the Local Option Disclosure Statement in substantially the same form as represented by Attachment A, which is attached to the ordinance codified in this article, shall be utilized. At the time any deed is presented to the County Recorder’s office for recording, the person presenting the deed for recordation shall provide the County Recorder with a statement that a disclosure statement was prepared and executed in accordance with Cal. Civil Code §§ 1102 et seq. or that the transaction is exempt under §§ 1102 et seq. If a person presenting a deed for recording fails to provide such a statement at the time of presenting a deed for recording, then the deed shall be recorded and the Recorder’s office shall mail a copy of the disclosure statement similar to the Attachment A to the transferee who shall pay for the county’s costs of mailing the disclosure and administering the agricultural disclosure program.

(C) All leases of real property located in the unincorporated area of the county shall incorporate the disclosure statement. The disclosure statement shall be acknowledged by signature of the lessee.

(1966 Code, § 2A-5) (Ord. 624, § 2(part))

(A) Should any controversy arise concerning the use and enjoyment of property because of agricultural operations, the parties to the dispute may, as an attempt to avoid litigation, ask a committee of county officials to mediate the dispute and propose a resolution consistent with federal, state and county law.

(B) The request shall be made by written application to the county’s Agricultural Commissioner signed by the parties to the dispute.

(1966 Code, § 2A-6) (Ord. 624, § 2(part))

Upon the filing of a request for mediation, the parties shall be given the list of five county officials. These officials are the county’s Agricultural Commissioner, the Director of the Cooperative Extension, the County Counsel, the Planning Director and the Public Works Director. Each side shall eliminate one official, leaving three officials to form the Mediation Committee.

(1966 Code, § 2A-7) (Ord. 624, § 2(part))

(A) The parties will present the pertinent facts involving the dispute and will agree to exchange any relevant information. The Committee may investigate the dispute.

(B) A meeting of the committee shall occur within 30 days of the filing of the written request for mediation. At the meeting, any information upon which a reasonable person would rely in conducting serious affairs may be presented by the parties and considered by the Committee.

(C) Following the meeting, the committee shall prepare a written resolution to present to the parties. The parties may adopt the proposed resolution by agreement.

(D) There shall be no further administrative process required under this article for the parties, who may resort to the normal legal process if an acceptable agreement is not reached.

(1966 Code, § 2A-8) (Ord. 624, § 2(part))

The Board may specify a nominal fee to cover the costs of mediator by ordinance from time to time. Any parties submitting a request for mediation shall hold the county harmless from any liability arising out of the mediation or any agreement therefrom.

(1966 Code, § 2A-9) (Ord. 624, § 2(part))