Sutter County Municipal Code Ch. 1330 Agricultural Operations Disclosure

Unless the context otherwise requires, the following definitions in this section govern the construction of this chapter.

Agricultural Land.Agricultural land shall mean those land areas of the county specifically classed and zoned as Upland Agricultural Districts (U-A), Exclusive Agricultural Districts (A-2), General Agricultural District (AG), Restrictive Agricultural Districts (A-3), and Food Processing, Agricultural and Recreation Combining Districts (FPARC), as those districts are defined in Chapter 1500 of this Code.

Agricultural Operation.Shall mean and include, but not be limited to, cultivation and tillage of the soil, the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market.

The Board of Supervisors of Sutter County finds that it is in the public's interest to preserve and protect agricultural land and operations within the County of Sutter and to specifically protect these lands for exclusive agricultural use. The Board of Supervisors also finds that residential development adjacent to agricultural land and operations often leads to restrictions on farm operations to the detriment of the adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. The purposes of this chapter are to promote the general health, safety and welfare of the county, and to preserve and protect for exclusive agricultural use those lands zoned for agricultural use, to support and encourage continued agricultural operations in the county, and to warn prospective purchasers and residents of property adjacent to agricultural operations of the inherent problems associated with such purchases including, but not limited to the sounds, odors, dust, smoke, fertilizers and pesticides that may accompany agricultural operations.

(a) Where a building designed for residential occupancy is to be located on or adjacent to agricultural land, the owners of the property shall sign, prior to the issuance of a building permit, a statement of acknowledgment on a form approved by the County which contains substantially the following:

"The property whose address, map number or Assessor's parcel number is ___________ is adjacent to land or included within an area zoned for agricultural purposes, and residents of this property may be subject to inconveniences or discomfort arising from the use of agricultural chemicals, including but not limited to herbicides, pesticides, and fertilizers as well as noise and odors associated with animal husbandry; and from the pursuit of agricultural operations including, but not limited to cultivation, plowing, spraying, pruning, and harvesting which occasionally generate dust, smoke, noise, and odor. Sutter County has established zoning for agricultural land which sets a priority on the use of the lands therein included for productive agricultural purposes, and residents within said zones and within adjacent property should be prepared to accept such inconvenience or discomfort as normal and necessary to farm operations. For more details see Sutter County Ordinance Code Chapter 1330.

"In light of the importance of the above considerations, I/we agree that in the event the property described above is sold, I/we will disclose to any subsequent purchaser the agricultural character of the surrounding lands and provide to the purchaser a copy of this statement."

(b) Evidence satisfactory to the Building Inspector that the disclosure statement set forth in (a) above has been duly signed shall be presented prior to the issuance of a building permit.

(c) Where a building permit for a building subject to this section has been issued and the property upon which said building is situated is subsequently sold, the seller shall disclose to the buyer that the property is adjacent to land or included within an area zoned for agricultural purposes and shall provide to the buyer a copy of a statement conforming to the provisions of subsection (a) hereof.

(d) When transfers of real property occur, the seller shall ensure the disclosure statement set forth in subsection (a) above is included in or reference to it made in the disclosure form required by California Civil Code §§1102 and 1102.6. Failure to do so constitutes misrepresentation and failure to disclose neighborhood conditions as required by Subsection II-C-10 of said §1102.6.

This chapter shall only apply to building permits issued after the effective date of this chapter affecting property within the unincorporated area of the county as specified herein.

(Ord. 1013, Sec. 1; Aug. 25, 1987)