Chapter 17.47
RIGHT TO FARM
Sections:
17.47.040 Disclosure statement – Format.
17.47.050 Delivery by transferor.
17.47.060 Disclosure statement – Building permits.
17.47.070 Refusal to sign disclosure statement.
17.47.080 No limitation on other disclosure obligations.
17.47.090 Delivery of disclosure statement.
17.47.100 Penalty for violation.
17.47.110 Does not abridge state law.
17.47.120 Renting or leasing of real property.
17.47.140 Waivers and mechanisms.
17.47.010 Purpose.
It is the policy of the City of Escalon to preserve, protect and encourage the use of agricultural lands for the production of food and other agricultural products. When nonagricultural land uses extend into or approach agricultural areas, conflicts often arise between such land uses and agricultural operations. Such conflicts often result in involuntary curtailment or cessation of agricultural operations and discourage investment in such operations.
In this effort, this title is intended to implement the policies of the conservation and open space element of the general plan which include the following:
A. Conserve, to the greatest feasible extent, the city's existing natural resources, with particular emphasis on air and water quality, open space, farmland, wildlife and habitat preservation in that this title is intended to conserve agricultural resources by minimizing land use conflicts; and
B. Ensure that all adverse environmental impacts of proposed development projects are identified and acceptably mitigated prior to approval in that this title sets specific standards for agricultural buffer areas within developments adjacent to lands within agricultural production; and
C. Maximize farmland open space and wildlife habitat preservation on lands outside of the city by establishing a green belt including all lands not designated for future annexation on the general plan land use diagram in that this title directly implements the city's effort to create a permanent green belt around Escalon.
It is recognized that in an effort to encourage investment in agricultural activities within and around Escalon, it is necessary to work cooperatively with San Joaquin County to preserve agricultural land and resources. This title seeks to reduce the occurrence of conflicts between agricultural and nonagricultural land uses and to protect the public health. Towards this end, a purpose of this title is to reduce the loss of agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.
A second purpose of this title is to provide purchasers and tenants of nonagricultural land close to agricultural land or operations with notice about Escalon's support of the preservation of agricultural lands and operations. It is intended that these requirements foster good neighbor relations by informing prospective purchasers and tenants of nonagricultural land of the effects associated with living close to farming and agricultural activities.
Because of unique characteristics of residential and agricultural land uses, it is Escalon's desire and policy to require all new residential developments adjacent to agricultural land or operations to provide a buffer to minimize the potential land use conflicts with existing and potential agricultural uses. Because of the similar characteristics (hours of operation, noise, traffic, etc.) and less sensitive land use receptor's, the conflicts between commercial and industrial land uses and agricultural operations are expected to be significantly less than residential land uses.
Implementation of these policies will be complemented by establishing a dispute resolution procedure designed to amicably resolve any complaints about agricultural operations that is less formal and expensive than court proceedings. (Ord. 495 § 1, 2005)
17.47.020 Definitions.
As used in this title, the following terms have the meanings stated in this section:
A. “Property” means real property.
B. “Sell” or “sale” means any transfer of fee title.
C. “Buyer” includes any transferee.
D. An “agent” is one authorized by law to act in that capacity for that type of property and is licensed as a real estate broker under the Business and Professions Code or a licensee, as defined in the Health and Safety Code.
E. A “listing agent” is one who has obtained a listing of property and is authorized by law to act as an agent for compensation.
F. A “selling agent” is an agent who acts in cooperation with a listing agent and who sells, finds and obtains a buyer for the property.
G. A property is “sold” when a deed is recorded. The term “sold” includes an exchange.
H. “Agricultural land” shall mean all that real property surrounding or within the boundaries of the City of Escalon currently used for agricultural operations or upon which agricultural operations may in the future be established.
I. “Agricultural operation” shall mean and include, but not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity including viticulture, horticulture, timber or apiculture; the raising of livestock, fur bearing animals, fish and poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. (Ord. 495 § 1, 2005)
17.47.030 Nuisance.
No legally conforming agricultural operation shall constitute a nuisance under the provisions of this title. (Ord. 495 § 1, 2005)
17.47.040 Disclosure statement – Format.
The following disclosure statement shall be provided to all those who acquire property in Escalon:
The city of Escalon permits operation of properly conducted agricultural operations within the city limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that the property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience and discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and from other use of agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation and other activities which may generate dust, noise, smoke, odor, rodents and pests. Be aware also, that this property may be affected by agricultural operations outside the city's jurisdiction. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.
(Ord. 495 § 1, 2005)
17.47.050 Delivery by transferor.
The transferor of any property located in the City of Escalon shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:
A. In the case of a sale, as soon as practicable before transfer of title.
B. In the case of transfer by real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this subsection, “execution” means the making or acceptance of an offer.
C. With respect to any transfer subject to sub-sections A or B of this section, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document. (Ord. 495 § 1, 2005)
17.47.060 Disclosure statement – Building permits.
Prior to issuance of a city building permit for construction of a residential building, the owner of the property upon which the building is to be constructed shall file with the building department a signed and dated copy of the disclosure statement set forth above. (Ord. 495 § 1, 2005)
17.47.070 Refusal to sign disclosure statement.
If a buyer refuses to sign the disclosure statement, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer and affixing the following signed declaration to the statement:
I, (insert name), have delivered a copy of the foregoing disclosure statement as required by law to (insert buyer's name) who has refused to sign.
I declare the foregoing to be true under penalty of perjury.
Date: ____________________________
Signature: ________________________
Print Name: _______________________
(Ord. 495 § 1, 2005)
17.47.080 No limitation on other disclosure obligations.
The specification of items of disclosure in this chapter does not limit or abridge any obligation or disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the sale. (Ord. 495 § 1, 2005)
17.47.090 Delivery of disclosure statement.
Delivery of the disclosure statement required by this chapter shall be by personal delivery or certified mail, return receipt requested, to the buyer. (Ord. 495 § 1, 2005)
17.47.100 Penalty for violation.
Noncompliance with any provision of this chapter shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding $100.00. (Ord. 495 § 1, 2005)
17.47.110 Does not abridge state law.
Nothing contained in this chapter is to be construed as modifying state law. It is only to be utilized in the interpretation and enforcement of this code and other applicable city regulations. (Ord. 495 § 1, 2005)
17.47.120 Renting or leasing of real property.
It shall be the responsibility of the property owner to notify any tenant, lessee or renter of his/her property of the provisions of this chapter. (Ord. 495 § 1, 2005)
17.47.130 Buffer areas.
Any residential development approved by the City of Escalon adjacent to an established agricultural easement; agricultural operation outside of the city's sphere of influence; or greenbelt shall be required to provide an agricultural buffer within the boundaries of the development.
The standard minimum agricultural buffer/agricultural transitions area shall be comprised of two components: an agricultural transition area located contiguous to an agricultural buffer located contiguous to any agricultural easement; agricultural operation on prime farmland (as identified by the State Department of Conservation) outside of the city's sphere of influence; or designated greenbelt area (identified within the conservation and open space element).
For the purposes of this section, “development” shall mean the division of a parcel of land into two or more parcels; construction of a new building or other structures on a parcel; the relocation of an existing building to an adjacent parcel; and any expansion of the use of the land by more than 25 percent.
The agricultural buffer/agricultural transition areas are measured from the edge of the agricultural, and greenbelt areas. For residential developments the buffer area shall be determined by the average lot sizes adjacent to the perimeter of the subdivision closest to the agricultural areas or operations. The minimum buffer area widths shall be determined from the following table:
|
Residential Land Use |
Buffer Area (feet) |
Transition Area (feet) |
|
Multiple-family |
120 |
60 |
|
Duplex |
110 |
55 |
|
Single-family |
|
|
|
Up to 7,500 square feet |
100 |
50 |
|
7,501 to 9,500 square feet |
80 |
40 |
|
9,501 to 11,500 square feet |
70 |
35 |
|
11,501 to 15,500 square feet |
60 |
30 |
|
15,501 square feet and above* |
< 60 |
30 |
*Agricultural transition area only.
Commercial and industrial developments shall only be required to provide an agricultural transition area.
The following uses shall be permitted in an agricultural buffer area: native plants, tree or hedge rows, drainage channels, storm retention ponds, natural areas such as a drainage swales, utility corridors, collectors and arterial roadways, and any other use, including agricultural uses, determined by the planning commission to be consistent with the use of the property as an agricultural buffer.
If developed for purposes other than roadways, there shall be no public access to the agricultural buffer. The agricultural buffer shall be developed by the developer pursuant to a plan approved by the planning commission. The plan shall include provision for the establishment, management, and maintenance of the area. The plan shall include the use of integrated pest management techniques. The city shall require that an easement be recorded against the development project site which shall reflect the requirements of this title. This area shall be maintained through the formation of a lighting and landscaping district.
If the agricultural buffer area is developed as a roadway, the design of the roadway shall not adversely impact agricultural resources by means of stormwater runoff.
The following uses shall be permitted in an agricultural transition area: bike paths, native plants, tree and hedge rows, benches, lights, trash enclosures, fencing and any other use determined by the planning commission to be of the same general character. There shall be public access to the agricultural transition area. The agricultural transition area shall be developed by the developer pursuant to a plan approved by the planning commission. Once the area is improved and approved by the city planner, the land shall be dedicated to the city and a lighting and landscaping district shall be formed to pay for the maintenance of the area. The city shall administer the maintenance of the agricultural transition area once the land is improved, dedicated and annexed. (Ord. 495 § 1, 2005)
17.47.140 Waivers and mechanisms.
The planning commission shall determine the adequate width of the transition area for developments based upon the potential for land use conflicts with proposed uses and existing agricultural operations. The city council may, upon consultation with the planning commission, waive the requirement for developments to provide an agricultural transition area if the following findings can be made:
A. That characteristics of the proposed development, including but not limited to dust, noise, light, discharges, traffic patterns (vehicular, bicycle, and pedestrian) will not adversely impact the agricultural operation; and
B. That the normal practices of agriculture will not adversely impact the proposed development or the general welfare of the people frequenting the development; and
C. That General Plan Policies 3.210, 3.220 and 3.330 will not be adversely impacted by the waiver of the agricultural transition area.
The City of Escalon has determined that the use of property for agricultural operations is a high priority and contributes to the unique quality of life provided to residents of Escalon. In an attempt to balance the need to maintain the small-town charm afforded by an agriculturally based economy to new residents while protecting agricultural lands, the city shall collect a public facility fee from new residential development.
In certain cases, the city may reimburse a developer for the cost of the construction and development of the mandated agricultural buffer and agricultural transition areas. To be eligible for reimbursement, the city council, upon a recommendation from the planning commission, must find:
A. The placement and construction of the mandated agricultural transition and agricultural buffer area system would not be roughly proportional to the impacts to agricultural operations created proposed development; and
B. That a waiver as stated above cannot be granted. (Ord. 495 § 1, 2005)