Chapter 14-33
RIGHT TO FARM
Sections:
14-33.101 Relationship to nuisance.
14-33.102 Notice to adjacent property owners.
14-33.103 Deed restriction required as condition of approval.
14-33.104 Notice upon sale or transfer of property.
14-33.105 Notice upon lease or rental of property.
14-33.100 Purpose.
It is in the public interest to preserve and protect agricultural operations and agricultural land in the vicinity of Watsonville that are not otherwise identified in the General Plan as necessary for development. The purposes of this chapter are to:
(a) Limit the effects of land use conflicts created by the proximity of urban development to agricultural operations located in and immediately adjacent to the City.
(b) Provide notice to purchasers, property owners and tenants of non-agricultural uses adjacent to agricultural land and operations and of the City’s support for the preservation of agricultural land and operations.
(§ 1, Ord. 1094-00 C-M, eff. September 21, 2000, Ord. 1156-03 C-M, eff. May 22, 2003)
14-33.101 Relationship to nuisance.
(a) No existing or future agricultural operation or any of its appurtenances conducted in a manner consistent with proper and accepted standards on agricultural land shall become or be a nuisance for purposes of all chapters of this Code, provided the agricultural operation complies with all chapters of this Code and all other applicable state, federal, and local laws.
(b) The provisions of this chapter shall not apply whenever a nuisance results from the negligence or improper operation of any agricultural use.
(c) This chapter is not to be construed as modifying existing law relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of this chapter.
(§ 1, Ord. 1094-00 C-M, eff. September 21, 2000, Ord. 1156-03 C-M, eff. May 22, 2003)
14-33.102 Notice to adjacent property owners.
The City shall mail to all property owners as identified on the latest available County Assessor’s role by January fifteenth (15th) and with the utility bill every year within five hundred feet (500') of agricultural land, agricultural operations, or agricultural processing facilities the following notice:
NOTICE OF RIGHT TO FARM
The City of Watsonville and the County of Santa Cruz permits operation of properly conducted agricultural operations within the City and the County. You are hereby notified that the property you own/reside in, are purchasing, or are renting/leasing is located within five-hundred feet (500') of agricultural land, agricultural operations or discomfort from lawful agricultural or agricultural processing facilities operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any twenty-four (24) hour period. If conducted in a manner consistent with applicable State and local laws, said inconveniences and discomforts shall not be or become a nuisance.
One or more of the inconveniences described 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 and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact the Santa Cruz County Agricultural Commissioner.
The City of Watsonville’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 is possible by, among other ways, contacting the appropriate agency.
(§ 1, Ord. 1094-00 C-M, eff. September 21, 2000, Ord. 1156-03 C-M, eff. May 22, 2003)
14-33.103 Deed restriction required as condition of approval.
As a condition of approval of a discretionary development permit, including but not limited to tentative subdivision and parcel maps, use permits, rezoning, prezoning, and planned developments, for property located within five hundred feet (500') of agricultural land, agricultural operations, or agricultural processing facilities, the City requires the applicant to record a deed restriction to notify any present or future owners, users, and tenants of the notice of right to farm specified in Section 14-33.102 above.
(§ 1, Ord. 1094-00 C-M, eff. September 21, 2000, Ord. 1156-03 C-M, eff. May 22, 2003)
14-33.104 Notice upon sale or transfer of property.
Every transferor of property in the City within five hundred (500') feet of agricultural land, agricultural operations, or agricultural processing facilities shall provide to any transferee, in writing, the notice of right to farm specified in Section 14-33.102 above at the time escrow is established.
(§ 1, Ord. 1094-00 C-M, eff. September 21, 2000, Ord. 1156-03 C-M, eff. May 22, 2003)
14-33.105 Notice upon lease or rental of property.
Every property owner or responsible agent in the City with rental property within five hundred (500') feet of agricultural land, agricultural operations, or agricultural processing facilities shall provide to any lessor or renter, in writing, the notice of right to farm specified in Section 14-33.102 above as part of any lease or rental agreement.
(§ 1, Ord. 1094-00 C-M, eff. September 21, 2000, Ord. 1156-03 C-M, eff. May 22, 2003)