San Luis Obispo County Municipal Code Ch. 5.16 Agricultural Lands, Operations and the Right to Farm

"Agricultural land" shall mean all real property within the unincorporated boundaries of San Luis Obispo County currently used for agricultural operations, or upon which agricultural operations may in the future be established.

"Agricultural activity, operation, or facility, or appurtenances thereof" (herein collectively referred to as "agricultural operations") 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, furbearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

"Agricultural processing activity, operation, facility, or a appurtenances thereof" includes, but is not limited to, the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, rendering plants licensed pursuant to Section 19300 of the Food and Agricultural Code, and collection centers licensed pursuant to Section 19300.5 of the Food and Agricultural Code.

"Nuisance" shall have the meaning ascribed to that term in California Civil Code Section 3479. California Civil Code Section 3479 reads, in part, as follows: "Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property.... is a nuisance."

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

(a) It is the declared policy of this county to enhance and encourage agricultural operations, including agricultural processing within the county. It is the further intent of this county to provide to the residents of this county proper notification of the county's recognition and support through this chapter of those persons and/or entities right to farm.

(b) Where nonagricultural land uses occur near agricultural areas, agricultural operations frequently become the subjects of nuisance complaints due to lack of information about such operations. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements to the detriment of agricultural uses and the viability of the county's agricultural industry as a whole. It is the purpose intent of this chapter to reduce the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as in any way modifying or abridging state law as set out in California Civil Code, Health and Safety Code, Fish and Game Code, Food an Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances. Instead, it is to be utilized only in the interpretation and enforcement of the provisions of this code and county regulations.

(c) An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers of residential property, and owners of other property in the county, of the inherent potential problems associated with the purchase of such property. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations and agricultural processing. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared for attendant conditions as the natural result of living in or near rural areas.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

(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 it has been in operation for more than three years if it was not a nuisance at the time it began.

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

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

(a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in continuous operation for more than three years if it was not a nuisance at the time it began.

(b) If an agricultural processing activity, operation, facility, or appurtenances thereof substantially increased its activities or operations after January 1, 1993, then a public or private nuisance action may be brought with respect to those increases in activities or operations that have a significant effect on the environment. For increases in activities or operations that have been in effect more than three years, there is a rebuttable presumption affecting the burden of producing evidence that the increase was not substantial.

(c) This section does not supersede any other provision of law, except other provisions of this part, if the agricultural processing activity, operation, facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in the provision.

(Ord. 2958 § 1 (part), 2001)

(a) San Luis Obispo County has determined that the use of real property for agricultural operations, including agricultural processing, is a high priority and favored use to the county, and those inconveniences or discomforts arising from legally established agricultural activities or operations, as defined in the San Luis Obispo County Code, or state law, shall not be or become a nuisance.

(b) Disclosure Statement. "The County of San Luis Obispo recognizes the statewide policy to protect and encourage agriculture. Sections 3482.5 and 3482.6 of the California Civil Code and Chapter 5.16 of the San Luis Obispo County Code protect certain preexisting agricultural production and processing operations ("agricultural operations") from nuisance claims. If your property is near a protected agricultural operation, you may be subject to certain inconveniences and/or discomforts which are protected by law. In order for the agricultural operation to be protected, the following requirements of Civil Code Sections 3482.5 and 3482.6 must be satisfied:

(1) The agricultural operation must be conducted or maintained for commercial purposes;

(2) The agricultural operation must be conducted or maintained in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality;

(3) The agricultural operation predated the affected use(s) on your property;

(4) The agricultural operation has been in existence for more than three years; and

(5) The agricultural operation was not a nuisance at the time it began.

If your property is near an agricultural operation in the unincorporated area of the county, which satisfies the above requirements, you may at times be subject to one or more inconveniences and/or discomfort arising from that operation. Such inconveniences may include (depending upon the type of agricultural operation protected), but are not necessarily limited to, the following: Noise, odors, fumes, dust, legal pesticide use, fertilizers, smoke, insects, farm personnel and truck traffic, visual impacts, night time lighting, operation of machinery and the storage, warehousing and processing of agricultural products or other inconveniences or discomforts associated with the protected agricultural operations. For additional information pertaining to this disclosure and the Right to Farm Ordinance; or concerns with an agricultural operation, please contact the San Luis Obispo County Agricultural Commissioners Office."

(c) The disclosure statement is given for informational purposes only and nothing in this chapter, or in the disclosure statement, shall prevent anyone from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice.

(d) The disclosure statement set forth above shall be used as described in Sections 5.16.050, 5.16.060 and 5.16.070.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

The county may mail a copy of the disclosure set out at 5.16.040(b) to all owners of real property in San Luis Obispo County with the annual tax bill.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

Upon any transfer of real property located in the unincorporated area of the county by sale, exchange, installment land sale contract (as defined in Civil Code Section 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units, the transferor shall deliver to the prospective transferee the written disclosure statement required by this chapter. The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10. Exceptions to the applicability of this section are set forth in Civil Code Section 1102.1. The written disclosure shall be set forth in, and shall be made on a copy of, the following disclosure form:

LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS _______. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE PROPERTY IN COMPLIANCE WITH CHAPTER 5.16 OF THE SAN LUIS OBISPO COUNTY CODE AS OF ________, 19_____. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I 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 COUNTY OF SAN LUIS OBISPO, AND ARE NOT THE 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 County of San Luis Obispo recognizes the statewide policy to protect and encourage agriculture. Sections 3482.5 and 3482.6 of the California Civil Code and Chapter 5.16 of the San Luis Obispo County Code protect certain preexisting agricultural production and processing operations ("agricultural operations") from nuisance claims. If your property is near a protected agricultural operation, you may be subject to certain inconveniences and/or discomfort which are protected by law. In order for the agricultural operation to be protected, the following requirements of Civil Code Sections 3482.5 and 3482.6 must be satisfied:

(1) The agricultural operation must be conducted or maintained for commercial purposes;

(2) The agricultural operation must be conducted or maintained in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality;

(3) The agricultural operation predated the affected use(s) on your property;

(4) The agricultural operation has been in existence for more than three years; and

(5) The agricultural operation was not a nuisance at the time it began.

If your property is near an agricultural operation in the unincorporated area of the county, which satisfies the above requirements, you may at times be subject to one or more inconveniences and/or discomfort arising from that operation. Such inconveniences may include (depending upon the type of agricultural operation protected), but are not necessarily limited to, the following: noise, odors, fumes, dust, legal pesticide use, fertilizers, smoke, insects, farm personnel and truck traffic, visual impacts, night time lighting, operation of machinery and the storage, warehousing and processing of agricultural products or other inconveniences or discomforts associated with the protected agricultural operations. For additional information pertaining to this disclosure and the Right to Farm Ordinance; or concerns with an agricultural operation, please contact the San Luis Obispo County Agricultural Commissioners Office."

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.

Seller___________

Date________

Seller___________

Date________

II

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.

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

Seller_____ Date_____ Buyer_____ Date_____

Seller_____ Date_____ Buyer_____ Date_____

Agent (Broker Representing Seller)___________ By ___________ (Associate Licensee or Broker-Signature)

Date________

Agent (Broker Obtaining the Offer)___________ By ___________ (Associate Licensee or Broker-Signature)

Date________

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

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

The county shall include the disclosure statement described in Section 5.16.040(b) on all discretionary land use permit applications administered by the county department of planning and building. These shall include, but not be limited to, applications for the approval of land divisions pursuant to Title 21 of the San Luis Obispo County Code, applications for the approval of discretionary land use permits pursuant to Title 22 of the San Luis Obispo County Code, and applications for the approval of discretionary land use permits pursuant to Title 23 of the San Luis Obispo County Code.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

Any violation of the requirements of this chapter shall be handled as a civil matter between the parties affected and shall not be a misdemeanor or infraction.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

Should any controversy arise regarding any inconvenience or discomfort occasioned by agricultural operations or agricultural processing (described in Section 15.16.010) conducted in accordance with existing laws, ordinances and regulations, then the parties may notify the county agricultural commissioner as set forth below in an attempt to resolve the matter:

(1) The aggrieved party may notify the agricultural commissioner within thirty days of the occurrence of the agricultural operation giving rise to the controversy.

(2) Within fifteen days after receiving the complaint, the agricultural commissioner shall set a meeting with the affected parties and shall attempt to mediate the dispute.

(3) If the dispute cannot be successfully mediated by the agricultural commissioner, then both parties may agree to present the controversy to a professional mediator. The expense of such mediation shall be the responsibility of the affected parties.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)

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, such decision shall not affect the validity or the constitutionality of the remaining portions of this chapter. The board of supervisors hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. 2958 § 1 (part), 2001: Ord. 2561 § 1 (part), 1992)