Chapter 9.50 — Agricultural Preservation - Right-to-Farm

Sections:

9.50.010 Purpose

9.50.020 Relationship to Nuisance

9.50.030 Disclosure Requirement

It is the policy of the City of Arcata to support agricultural uses within and around the City. Urban development adjoining agricultural uses often leads to restrictions on agricultural uses to the detriment of the agricultural uses and the economic viability of agriculture. The purposes of this Chapter are to support any current or future State law to:

A. Preserve and protect agricultural land within the City zoned to allow agriculture;

B. Support and encourage continued agricultural operations in the City; and

C. Disclose to prospective purchasers, residents, and tenants of property adjoining or near agricultural uses of the inherent conflicts associated with the purchase of the residence including, but not limited to, chemicals, dust, light, noise, odors, and traffic that may accompany nearby agricultural uses.

A. No existing or future agricultural use or any of its appurtenances, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, and all applicable City requirements, shall become a nuisance to adjacent land uses, when the action was not a nuisance at the time it began. The provisions of this Chapter shall not apply whenever a nuisance results from the negligent or improper action of any agricultural use or its appurtenances.

B. This Chapter shall not be construed as modifying existing law relative to nuisances, but only to be utilized in the interpretation and enforcement of the provisions of this Land Use Code.

A. Disclosure by subdivider or seller. The subdivider or seller of any property located within 1,000 feet of land zoned for agricultural use shall disclose, through a notation on the Final Map, within Conditions, Covenants and Restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following, or similar statement:

"The property you are purchasing or developing is located within 1000 feet of agricultural lands or uses, and you may be subject to inconvenience or discomfort from the following, or other similar agricultural uses: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, dairying, fish, poultry, and commercial practices performed as incidental to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. 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 a city with a strong rural character and a healthy agricultural sector."

B. Disclosure prior to issuance of a Building Permit. Where a new structure intended for human occupancy is to be located on property which is located within 1,000 feet of land zoned for agricultural use, the owner of the property shall, prior to issuance of a Building Permit, sign and record a statement in a form equivalent to that specified in Subsection A. In lieu of signing the statement required above, the owner may submit evidence that the statement in Subsection A. has been made a part of subdivision documents creating the parcel on which the structure is proposed.

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