§ 16.12.170. Right to farm provisions.

A.

Purpose and Intent. It is the purpose of this section 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 problems 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 the inconveniences that accompany living side by side to agriculture and be prepared to accept such problems as the natural result of living in or near agricultural areas.

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 after the same has been in operation for more than three years if it was not a nuisance at the time it began.

B.

Applicability. "Agricultural land" means land use categories identified in the land use element, land zoned exclusively for agricultural use (as defined in Section 16.04.070), or, for the purposes of subsections C. D. and E, land in agricultural production.

C.

Policy. The city council finds that it is in the public's interest to preserve and protect agricultural land and operations within the city and to specifically protect these lands for exclusive agricultural use. The city council also finds that residential development adjacent to agricultural land and operations often leads to restrictions on farm operations to the detriment of the adjacent agricultural uses and economic viability of the city's agricultural industry as a whole. The purposes of this section, 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 continued agricultural operations in the city; and to provide publicinformation regarding this section which outlines the inherent potential problems associated with living, purchasing and/or residing adjacent to agricultural lands. These potential problems include, but are not limited to the sounds, odors, dust and chemicals that may accompany agricultural operations.

D.

Public Information. Information concerning this section shall be made available by the city planning 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 farms yields significant aesthetic and economic benefits to the residents of the City. Thus, the City's agriculture must be protected, including areas where it is near residential development, and the City of Arroyo Grande has enacted an ordinance which provides that properly conducted agricultural operations will not be deemed a nuisance.

Accordingly, if the property you own, rent, or lease is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations:

Cultivation and tilling 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, fish, poultry and commercial practices performed 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, smoke, noise and odor.

The city is required to make information on section and its provisions available to the public upon request.

E.

Agricultural Buffer.

1.

In conjunction with general plan policies outlined in the agriculture, conservation and open space element, and specifically Objective Ag5, the city has determined that the use of property for agricultural operations is a high priority. To minimize potential conflicts between agricultural and nonagricultural land uses, including the protection of public health, the reduction of noise and odor, and the reduction of risk to farm operations from domestic animal predation, crop theft and damage and complaints from neighboring urban dwellers, all new development adjacent to any designated agricultural district shall be required to provide an agricultural buffer. "Development" as used in this section, means subdivision of land, use permits and building permits for new residential units.

2.

The buffer area shall be a minimum of one hundred (100) feet, measured from the edge of the designated agricultural district. Optimally, to achieve a maximum separation, a buffer wider than one hundred (100) feet is encouraged and may be required if it is determined through environmental review under CEQA and/or recommended by the San Luis Obispo County Agricultural Commissioner. A decreased buffer distance may be allowed if it can be demonstrated that a physical buffer exists (e.g. Arroyo Grande Creek) that is adequate and approved by the San Luis Obispo County Agricultural Commissioner.

3.

The minimum one hundred (100) foot agricultural buffer area shall be comprised of two components: a twenty (20) foot wide agricultural landscaped transition area contiguous to an eighty (80) foot wide agricultural buffer adjacent to the designated agricultural district. The twenty (20) foot transition area may include pedestrian access. The combined one hundred (100) foot agricultural buffer shall not qualify as farmland mitigation as required by Section 16.12.170.F.

4.

The following shall be permitted in the one hundred (100) foot agricultural buffer: native plants, tree or hedge rows, roads, drainage channels, storm retention ponds, natural areas such as creeks or drainage swales, utility corridors, storage, and any use, including agricultural or limited commercial uses, determined by the planning commission to be consistent with the use of the property as an agricultural buffer. No new residential use shall be permitted within the buffer area unless it is determined there would be no other economically viable use of the property. Restoration of a damaged residence within the buffer area may be pursued in accordance with Section 16.48.110.

5.

The one hundred (100) foot agricultural buffer shall be established by the developer pursuant to a plan approved by the community development director and the parks, recreation and facilities director. The plan shall include provisions for the use of integrated weed and pest management techniques and soil erosion control. An agreement in the form approved by the city attorney shall be recorded, which shall include the requirements of this section.

F.

Agricultural Land Conversion.

1.

The city shall require agricultural mitigation by applicants for discretionary entitlements which will subdivide or change the use of land zoned agriculture or agriculture preserve to any non-agricultural use.

2.

Agricultural mitigation shall be satisfied by:

a.

Granting an agricultural conservation easement, a farmland deed restriction or other agricultural conservation mechanism to or for the benefit of the city and/or a qualifying entity approved by the city. Mitigation shall be required for that portion of the land which no longer will be designated or zoned agricultural land, including any portion of the land used for park and recreation purposes, that will 1) permanently protect prime agricultural and prime soils from development; 2) or will benefit preservation of agricultural land and operations through other means as determined by the city council. At least as many acres of prime agricultural land shall be protected as was changed to a non-agricultural use within city limits, or up to two times as many acres of agricultural land shall be protected outside the city but within the city's area of environmental concern, as was changed to a nonagricultural use, in order to mitigate the loss of agricultural land; or

b.

In lieu of conserving agricultural land as provided above if the city council determines that the payment of in-lieu fees provide a superior opportunity to satisfy the goals and policies of the general plan, agricultural mitigation may be satisfied by the payment of a fee, established by the city council by resolution or through an enforceable agreement with the developer, based upon a farmland replacement factor of up to two-to-one (2:1) to be used for acquisition of a farmland conservation easement or farmland deed restriction. The in-lieu fee option must be approved by the city council. The fee shall be based upon current appraisal information for the acquisition of a conservation easement on replacement land plus all related city administrative and legal costs. The in-lieu fee, paid to the city, shall be used for farmland mitigation purposes, with priority given to lands with prime agricultural soils located within the city; or

c.

Other mitigation measures may be determined acceptable by the city council.

3.

It is the intent of this program to work in a coordinated fashion with San Luis Obispo County and state agencies, and, therefore, farmland conservation easement areas may overlap partially or completely with habitat easement areas approved by the state department of fish and game. Up to twenty percent (20%) of the farmland conservation easement area may be enhanced for wildlife habitat purposes as per the requirements of the state department of fish and game and/or San Luis Obispo County management programs; payment of appropriate maintenance, processing or other fees may also be required.

4.

Comparable Soils and Water Supply.

a.

To the greatest extent possible, the agricultural mitigation land shall be comparable in soil quality with the agricultural land whose use is being changed to nonagricultural use.

b.

The agricultural mitigation land shall have an adequate water supply to support agricultural use and the water supply on the agricultural mitigation land shall be protected in the agricultural conservation easement, the farmland deed restriction or other document evidencing the agricultural mitigation.

5.

Eligible Lands. The first priority for agricultural mitigation land shall be farmland located within city limits. The second priority for agricultural mitigation shall be farmland located adjacent to city limits, and the third priority, farmland located within the city's area of environmental concern, as shown in the 2001 General Plan. The criteria for preferred locations or zones for agricultural mitigation land shall be determined by the city council after receiving input from the planning commission and San Luis Obispo County Agricultural Commissioner. In making their determination, the following factors shall be considered:

a.

The preferred locations shall be compatible with the 2001 General Plan and the general plan of San Luis Obispo County.

b.

The preferred locations shall include comparable soil types to that most likely to be lost due to proposed development.

c.

Agricultural mitigation land consisting of contiguous parcels shall be preferred.

d.

Land previously protected by a conservation easement of any nature or kind is not eligible to qualify as agricultural mitigation land.

6.

Requirements of Instruments—Duration.

a.

To qualify as an instrument encumbering agricultural mitigation land, all owners of the agricultural mitigation land shall execute the instrument.

b.

The instrument shall be in recordable form and contain an accurate legal description setting forth the description of the agricultural mitigation land.

c.

The instrument shall prohibit any activity, which substantially impairs or diminishes the agricultural productivity of the land, as determined by the planning commission.

d.

The instrument shall protect the existing water rights and retain them with the agricultural mitigation land.

e.

The applicant shall pay an agricultural mitigation fee to pay the costs of administering, monitoring and enforcing the instrument in an amount determined by city council.

f.

Interests in agricultural mitigation land shall be held in trust by a qualifying entity and/or the city, in perpetuity. Except as provided in subsection (g) of this section, the qualifying entity or the city shall not sell, lease, or convey any interest in agricultural mitigation land which it shall acquire, except to continue agricultural uses in accordance with the encumbering instrument.

g.

If judicial proceedings find that the public interests described in Chapter 16.28 of this title can no longer reasonably be fulfilled as to an interest acquired, the interest in the agricultural mitigation land may be extinguished through sale and the proceeds shall be used to acquire interests in other agricultural mitigation land in San Luis Obispo County, as approved by the city and provided in this chapter.

h.

If any qualifying entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor and enforce the interest shall pass to the city or its designee.

i.

Each qualifying entity shall monitor lands and easements it acquires under this chapter and shall review and monitor the implementation of the management and maintenance plans for these lands and easement areas.

7.

Violation.

Any person or entity who violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law. In addition, any person or entity who violates any provision of this chapter shall be liable to the transferee of the property for actual damages.

(Ord. 550 § 3, Exh. B (part), 2003; Prior code § 9-02.170)

(Ord. No. 623, § 2(Exh. A), 5-25-2010)