O 419 C.S.
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ORDINANCE NO. 419 C.S.
AN ORDINANCE OF THE CITY' OOUNCIL OF THE CITY'
OF' ARROYO GRANDE AMaIDING QiAP1'ER 4 OF THE
MUNICIPAL roDE AND ADDING ARTICLE: 42
ES'fABLISHING A ''RIGHT TO FARM" ORDINANCE
The City Council of the City of Arroyo Grande does hereby ordain aa
follows:
SECTION 1. Purpose and Intent.
The purpose of this ordinanoe is to proteot agricultural land uses and
designations identified on the General Plan and zoning map fran conflicts with
non-agdoul tural land uses that may resul t in finanoial hardship to agdcul tural
operators or the terffdnation of their operation.
The further purpose of this ordinanoe is to pranote a good neighbor policy
between agrioulturalists and residents by advising purchasers and residents of
property adjacent to or near agricultural operations of the inherent potential
problems aasociated with such purchase or residence inoluding, but not limited
to, the sounds, odors, dust and chemioals that may accQ11?any agricultural
operations so that such purchasers and residents will understand the
inconveniences that aCCaJllany living aide by side to agricul ture and be prepared
to acoept such problems as the natural result of living in or near agricultural
areas.
It is the intent of the City Council that no ag ri cui tunl activity,
operation or facility, or appurtenances thereof, conduoted or maintained for
caTTOeroial purposes, and in a manner oonsistent with proper and accepted oustcms
and standards, as established and followed by similar agricultural operations
in the same locality, shall be or beoaro& a nuisance, private or publio, due to
any ohanged condition in or about the locality on non-agricultural land aftea:'
the same has been in operation for mare than three years if'it was not a nuisance
at the time it beqan.
srerroo 2. Definitions.
1.. Agricultural land shall mean land use oategories identified in the Land
Use Element" land zoned exolusively for agricultural use, or land in agricultural
production.
2. Agricultural use shall mean and include, but not be limited to, the
tilling of the soil, the raising of crops, horticulture, aviculture, apiculture,
Ii vestock fanning, the raising of amall animals and poul try, dairying, animal
husbandry, wineries processing grapes produced on the premises, and the sorting,
cleaning, packing and storing of agricul tural products preparatory to sale and/or
shipment in their natural tonn wh~ such products are produced on the premises,
including all uses customarily incidental thereto, but not including
slaughterhouse, fertilizer works, cannercial pacldng ar processing plant or plant
for the reduction ot animal matter, or any other use which is similarly
objeotionable because of odor, tIfOOke, dust, ft.mes, vibration or danger to life
or property.
5IOCTIOO 3. FindipQS .
The City Council of Arroyo Grande finds that it is in the publio's interest
to preserve and protect agricultural land and operations within the City and to
specifically protect these lands for exolusive agricultural use. The City
Council also finds that residential development adjacent to agricultural land
and operations often leads to restriotions on fann operations to the detriment
of the adjacent agricul tural uses and econcmic viability of the City's
agricultural industry as a whole. The purposes of this ordinance, therefore,
are to promote the general health, safety and welfare of the City; to preserve
and protect for exclusive agricultural use those lands zoned for agricultural
use; to support and encourage oontinued agricultural operations in the City; and
to provide public information regarding this ordinanoe \olhich outlines the
inherent potential problems associated with living, purchaaing and/or residing
adjacent to agricUltural lands. These potential' problems include, but are not
limited to the sounds, odors, dust and chemicals that may acccmpany agricultural
operations.
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SEX:l'IQN ... Public Infonration
Information concerning this ordinance shall be made available by the City
of Arroyo Grande PI~ng Department, including the following notice:
"The City of Arroyo Grande is an agricultural City with many areas
zoned for and/or utilized for agricultural operations. The presence
of fa~ yields significant aesthetic and econondc benefits to the
residents of the city. Thus , the City's agricul ture mJSt be
protected, including areas where it is near residential development,
and the city orl\rro'yo Grande has enacted an ordinance which provides
that properly conducted agricultural operations will not be deemed
a nuisance.
Accordingly, if the prpperty you own, rent, or lease is located
close to agricultural lands or operations, you may be subject to
inconvenience or discanfort hem the following agricultural
operations: CuI tivation and tilling of the soil: burning of
agricultural waste products: lawful and proper use of agricultural
chemicals including, but not lindted to, the application of
pesticides and fertilizers; and production, irrigation, pruning,
growing, harvesting and processing of any agri~ltural commodity,
including horticulture, tinber, apiculture, the raising of livestock,
fish, poultry and commercial practices perfo~ as incident to or
in conjunction with such agricultural operation,. including
preparation for market, delivery to storage or market; or to carriers
or transportation to market. These operations may generate dust,
srnolee, noise and odor."
'l'his ordinance further requires the City to keep information on the
ordinance and its provisions available to the public upon request, and mail a
copy of the ordinance to real estate, contractor and development offices located
within the city of Arroyo Grande.
SJ!X:TlOO 5. severab.iJ.!.tY
If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstit.utional by the decision of a
court of carpeten\: jurisdiction, it shall not affect the remaining portions of
the ordinance.
SJ!X:TlOO 6. This ordinance shall be in full force and effect thirty (30)
days after its passage, and within fifteen (15) days after passage, it: shall be
published once in a newspaper of general circulation within the City, and
circulated in the City of Arroyo Grande, and thenceforth and thereafter the same
shall be in full force and effect.
On rrotion of Council HenDer MJots , seconded by Council HenDer Olsen , and
on the following roll call vote, to wit:
AYES: Council Members MJots, Olsen, Sndth,Dot1<Jall and Mayor Millis
NOES: ' None
ABSENT : None
the foregoing Ordinance was passed and adopted this 10th day of I\pril, 1990.
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Ml\RK H. HILL ,Hl\YOR
ATrESr: 71~~a. ~
NANCY A., DAV ,CITY CLERK
AS TO FORM:
amI CITY Hl\N1\GER