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O 419 C.S. , , , ~..,~ ., -' 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. . . - 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. ~~A~' Ml\RK H. HILL ,Hl\YOR ATrESr: 71~~a. ~ NANCY A., DAV ,CITY CLERK AS TO FORM: amI CITY Hl\N1\GER