Chapter 8.16 RIGHT TO FARM

Chapter 8.16
RIGHT TO FARM

Sections:

8.16.010 Purpose and intent.

8.16.020 Definitions.

8.16.030 Right to farm restrictions.

8.16.040 Notification to transferees.

8.16.050 Properly operated farm not a nuisance.

8.16.060 Resolution of disputes.

8.16.070 Information coordinator.

8.16.010 Purpose and intent.

A. The purpose of this chapter is to:

1. Protect agricultural land uses and designations identified on the general plan and zoning map from conflicts with nonagricultural land uses that may result in financial hardship to agricultural operators or the termination of their operation;

2. Promote a good neighbor policy between agriculturalists and residents by advising purchasers and residents of property adjacent to or near agricultural operations of the inherent potential inconveniences associated with such purchase or residence including, but not limited to, the sounds, odors, dust and chemicals that may accompany agricultural operations, so that such purchasers and residents will understand, and be prepared to accept, such inconveniences;

3. Encourage the use of dispute resolution, rather than expensive court proceedings, to amicably resolve any complaints about agricultural operations; and

4. Promote ongoing communication between agricultural operators and residents of property near agricultural operations, and understanding by residents of typical agricultural practices.

B. It is the intent of the City Council that 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 on nonagricultural land. (Ord. 2065 § 1(A), 2018; Ord. 1511 § 1, 1997)

8.16.020 Definitions.

For the purpose of this chapter, the following terms shall have the following meanings:

A. “Agricultural land” means those land areas of Alameda County specifically zoned as agricultural, planned development, or single-family residence (with the “-B-40” and “-B-E” combining districts only), and those land areas of the City of Livermore specifically zoned as planned development, planned development/agriculture or any other zoned land as defined by the City of Livermore zoning ordinance where the land use on the land within the City limits is agricultural.

B. “Agricultural operations” means any agricultural activity, operation, or facility including, but not limited to:

1. The cultivation and tillage of the soil;

2. Dairying;

3. The production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any commercial agricultural commodity, including timber, viticulture, apiculture or horticulture;

4. The raising of livestock, fur-bearing animals, fish or poultry for commercial purposes or otherwise;

5. Agricultural spoils areas;

6. Public or private stables, corrals and riding academies; and

7. Any practices performed by a farmer or on a farm as incidental to or in conjunction with the above described activities, facilities and operations, including: the legal application of pesticides, herbicides, fungicides, rodenticides and fertilizers; use of farm equipment; storage and preparation of agricultural products for market, and delivery of such products to storage, market, or to carriers for transportation to market.

C. “Agricultural processing facilities or operations” means any agricultural processing activity, operation, facility, or appurtenance thereof, including, but not limited to:

1. The canning or freezing of agricultural products;

2. The processing of dairy products;

3. The production and bottling of beer and wine;

4. The processing of meat and egg products;

5. The drying of fruits and grains;

6. The packing and cooling of fruits and vegetables; and

7. The storage, warehousing or processing of any agricultural products for wholesale or retail markets.

D. “Livestock” means domestic animals customarily kept, used, maintained or raised on a farm or ranch, for commercial purposes or otherwise, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, swine, rabbits, chicken, ducks, geese, or other fowl except roosters.

E. “Property” means any real property located within the City limits.

F. “Transferee” means any buyer or tenant of property.

G. “Transferor” means the owner and/or transferor of title of real property or seller’s authorized selling agent as defined in Business and Professions Code Section 10130 et seq., or Health and Safety Code Section 18006, or a landlord leasing real property to a tenant.

H. “Transfer” means the sale, lease, trade, exchange, rental or gift of property. (Ord. 2065 § 1(A), 2018; Ord. 1511 § 1, 1997)

8.16.030 Right to farm restrictions.

A. As a condition of approval of a discretionary development permit, including, but not limited to, tentative subdivision and parcel maps, use permits, and rezoning, prezoning, and planned developments, relating to property located within 2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations, every transferor of such property shall, upon transfer, insert the restriction recited below in the deed or other instrument transferring any right, title or interest in the property to a transferee.

RIGHT TO FARM RESTRICTION

The City of Livermore and Alameda County permit operation of properly conducted agricultural operations within the City and the County.

limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24-hour period.

One or more of the inconveniences described above may occur as a result of agricultural operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector.

Lawful ground rig or aerial application of pesticides, herbicides, fungicides, rodenticides and fertilizers occurs in farming operations. Should you be concerned about spraying, you may contact the Alameda County Agricultural Commissioner.

The City of Livermore’s Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with the law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse may be possible by, among other ways, contacting the appropriate agency.

This Right to Farm Restriction shall be included in all subsequent deeds and leases for this property until such time as the property is not located within 2,000 feet of agricultural land or agricultural operations as defined by Livermore Municipal Code Section 8.16.020.

B. The failure to include the restriction required by this section in any deed or instrument shall not invalidate any transfer. (Ord. 1511 § 1, 1997)

8.16.040 Notification to transferees.

A. Every transferor of property subject to the requirements of LMC 8.16.030 shall, upon transfer, also provide to any transferee the notice of right to farm recited below in writing. The notice of right to farm may be contained in any form of agreement or contract; however, the notice need be given only once in any transaction. The transferor shall acknowledge delivery of the notice and the transferee shall acknowledge receipt of the notice.

NOTICE OF RIGHT TO FARM

The City of Livermore and Alameda County permit operation of properly conducted agricultural operations within the City and the County.

You are hereby notified that the property you are acquiring an interest in is located within 2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facilities operations. Discomfort and inconvenience may include, but is not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24-hour period.

The City of Livermore’s Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal. or local laws, legal recourse may be possible by, among other ways, contacting the appropriate agency.

This notification is given in compliance with the Livermore Municipal Code Section 8.16.040. By initialing below, you are acknowledging receipt of this notification.

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Transferor’s Initials Transferee’s Initials

B. The failure to give the notice required by this section shall not invalidate any transfer. (Ord. 1511 § 1, 1997)

8.16.050 Properly operated farm not a nuisance.

Agricultural operations shall not be considered a nuisance under this code unless such operations are deemed to be a nuisance under California Civil Code Sections 3482.5 and 3482.6. Agricultural and agricultural processing operations shall comply with all state, federal and local laws and regulations applicable to the operations. (Ord. 1511 § 1, 1997)

8.16.060 Resolution of disputes.

Any dispute or controversy that arises regarding any inconveniences or discomforts occasioned by agricultural or agricultural processing operations or facilities should be settled by direct negotiation of the parties involved. Any such dispute or controversy that cannot be settled by direct negotiation of the parties involved should be submitted to a private mediator, a community mediation service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties. (Ord. 1511 § 1, 1997)

8.16.070 Information coordinator.

Every developer of property within 2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations shall designate an information coordinator familiar with agricultural practices and public information and conflict resolution methods to coordinate and facilitate communication between residents and agricultural operators, and provide information regarding agricultural practices, potential inconveniences associated with such practices, and grievance and dispute resolution procedures. (Ord. 1511 § 1, 1997)