Chapter 17.50
RIGHT TO FARM
Sections:
17.50.030 Nuisance prohibition.
17.50.040 Disclosure requirements.
17.50.050 Other applicable laws.
17.50.010 Purpose and intent.
A. It is the policy of the City of Calistoga to preserve, protect and encourage the use of agricultural lands within and adjacent to the City for the production of food and other agricultural projects, recognizing that agriculture is an important component of the local economy and contributes to the City’s unique qualities.
B. As urban development occurs within the City, residential, commercial and industrial land uses will locate adjacent to pre-existing agricultural activities. As a result, agricultural operations may become the subject of nuisance complaints or litigation, and could be pressured to cease or curtail operations, or may be discouraged from making improvements.
C. To conserve and protect the continued viability of agricultural operations, it is the intention of the City to limit the circumstances under which agricultural operations may be deemed to constitute a nuisance, consistent with the California Agricultural Protection Act (Civil Code 3482.5).
D. These provisions are not intended to prohibit the conversion of agricultural operations to other uses allowed by the Calistoga General Plan. (Ord. 692 § 2, 2013).
17.50.020 Definitions.
For the purposes of this chapter, the following words and phrases shall be construed as defined in this section:
A. “Agricultural activity, operation, or facility, or appurtenances thereof” includes, but is not limited to:
1. The preparation, tillage, and maintenance of soil and other growing media;
2. The production, cultivation, raising and breeding of any living organism having value as an agricultural commodity or product;
3. The harvesting, processing, transporting and storage of agricultural commodities and products; and
4. Commercial practices performed incidental to or in conjunction with such operations on the site where the agricultural product is being produced, including preparation for market, and delivery to storage, market, and carriers for transportation to market.
B. “Transfer” means, but is not limited to, the sale, exchange or lease of property. (Ord. 692 § 2, 2013).
17.50.030 Nuisance prohibition.
A. No agricultural activity, operation or facility, or any of its appurtenances, conducted or maintained for commercial purposes 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 determined to be a nuisance, public or private, after the same has been in operation for more than three years if it was not formally declared a nuisance by the City of Calistoga or County of Napa during that time, or due to any changed condition in the City.
B. The right to farm does not protect the farm operator from operating in an illegal manner or violating any standard farming practices or regulations. (Ord. 692 § 2, 2013).
17.50.040 Disclosure requirements.
A. No person shall transfer real property within the Calistoga City limits until the following disclosure in the form required by Civil Code Section 1102.6(a) subparagraph (b) is made in writing to the transferee and is signed by the transferee. The disclosure shall include a statement containing the following language:
The City of Calistoga recognizes and supports the right to farm property upon which agricultural activities may be legally operated, including but not limited to at any time, noise; lights, odors; fumes; dust; smoke; insects; the operation of machinery (including aircraft); the application of fertilizers, soil amendments, seeds, herbicides, and pesticides; the storage of livestock feed and other agricultural commodities; the storage, application and disposal of manure; and the processing, transport and storage of agricultural products. The City of Calistoga has determined that inconveniences and discomforts associated with such agricultural operations and activities, conducted in a manner consistent with proper and accepted customs and standards, is not a nuisance.
B. An owner of rental property within the Calistoga City limits shall disclose the above in writing to a tenant prior to their rental of the property.
C. Any transferor of property within the Calistoga City limits shall insert the disclosure recited above in the deed transferring any right, title or interest in the property to the transferee.
D. Any visitor accommodations operation established, and any visitor accommodations operation whose use permit is amended following the effective date of the ordinance codified in this chapter, shall display an informational card in its guest rooms and/or in a conspicuous public location that recites the disclosure set forth above.
E. Prior to the issuance of a building permit for the construction of a residence or commercial building within the Calistoga City limits, the property owner upon which the building is to be constructed shall file with the City a signed and dated acknowledgment of the disclosure set forth above. (Ord. 692 § 2, 2013).
17.50.050 Other applicable laws.
This chapter is not intended to and shall not be construed or given effect in a manner that modifies or abridges federal law or regulation, or State law as set out in the Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances; instead, this chapter is only to be utilized in the interpretation and enforcement of provisions of this code and City regulations. Further, this chapter is not intended to and shall not be construed or given effect in a manner that limits or restricts the City’s authority to review and approve or disapprove proposals for agricultural operations on agricultural land in accordance with other provisions of this code or other laws. (Ord. 692 § 2, 2013).