BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA
ORDINANCE NO. 3009
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE IV OF THE
ORDINANCE CODE OF THE COUNTY OF LAKE REGARDING
THE RIGHT TO FARM ORDINANCE
 

THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE ORDAINS AS FOLLOWS:

Section 1:       Subsection 43.2 of Article IV of Chapter 3 of the Lake County Code is hereby amended as follows:

“Upon any transfer of real property by sale, exchange, installment land sale contract, lease with option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, the transferor shall require that the disclosure statement set forth in subsection 43.4 of this section shall be signed by the purchaser or lessee.

Section 2:       Subsection 43.4 of Article IV of Chapter 3 of the Lake County Code is hereby amended and it shall read as follows:

“THE COUNTY OF LAKE PERMITS AGRICULTURAL OPERATIONS AND ACTIVITIES WITHIN THE COUNTY.

If your property is adjacent to or near property used for agricultural operations or activities or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations or activities, including but not limited to noise, odors, insects, fumes, dust, the operation of machinery of any kind during any twenty-four (24) hour period (including aircraft), the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, the storage of livestock feed and other agricultural commodities and the storage and disposal of manure. Lake County has determined that inconveniences or discomforts associated with such agricultural operations or activities shall not be considered to be a nuisance and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Lake County has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this County regarding agricultural operations or activities. If you have any questions concerning this Ordinance or the Agricultural Grievance Committee, please contact the Lake County Agricultural Commissioner.”

Section 3:       Subsection 44.2 of Article IV of Chapter 3 of the Lake County Code is hereby amended and it shall read as follows:

“For all discretionary approvals of parcel maps or subdivision maps involving agricultural land, or real property located adjacent to agricultural land, the Lake County Planning Commission, or Board of Supervisors on appeal, shall include as a condition of approval that the final recorded map shall contain the following statement: "All persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences or discomforts associated with agricultural operations or activities, such as noise, odors, insects, dust or fumes, that are performed in a manner consistent with accepted customs, practices and standards. Lake County has determined that such inconveniences or discomforts shall not be considered to be a nuisance."

Section 4:        Subsection 44.3 of Article IV of Chapter 3 of the Lake County Code is hereby amended and it shall read as follows:

“The Lake County Community Development Department shall provide all applicants for building permits for new residential construction or manufactured home placement with a "right-to-farm notice" in substantially the form provided in subsection 44.6 of this section.”

Section 5:       Subsection 44.4 of Article IV of Chapter 3 of the Lake County Code is hereby amended and it shall read as follows:

“The Treasurer-Tax Collector of the County shall mail a copy of the "right-to-farm notice" as an insert or on the back of tax envelopes in substantially the form provided in subsection 44.6 of this section to all owners of real property in Lake County with the annual secured 2014-2015 tax bill, any supplemental tax bill, and every year thereafter.”                   

Section 6:       Subsection 44.6 of Article IV of Chapter 3 of the Lake County Code is hereby amended and it shall read as follows:

“The "right-to-farm notice" shall contain, and be substantially in the form of, the following:

LAKE COUNTY RIGHT-TO-FARM-NOTICE

The County of Lake recognizes and supports the right to farm agricultural lands in a manner consistent with accepted customs, practices, and standards. Residents of Lake County should be prepared to accept the inconveniences or discomforts associated with agricultural operations or activities, including but not limited to noise, odors, insects, fumes, dust, the operation of machinery of any kind during any twenty-four (24) hour period (including aircraft), the application by spraying or otherwise of chemical fertilizers, soil amendments, seeds, herbicides, and pesticides, the storage of livestock feed and other agricultural commodities and the storage, application and disposal of manure. Lake County has determined that inconveniences or discomforts associated with such agricultural operations or activities shall not be considered to be a nuisance. Lake County has established a process for dispute resolution regarding agricultural operations or activities. If you have questions concerning this Ordinance or the dispute resolution process, please contact the Lake County Agricultural Commissioner.”

Section 7:       The Board of Supervisors finds, pursuant to Section 15060(C)(2) of the CEQA Guidelines, that this ordinance amendment is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 8:       All ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further.

Section 9:  This Ordinance shall take effect on the 19th day of June, 2014, and before the expiration of fifteen days after its passage it shall be published at least once in a newspaper of general circulation in the County of Lake.

The foregoing ordinance was introduced before the Board of Supervisors on the 15th day of April, 2014, and passed by the following vote on the 20th day of May, 2014.

AYES: Supervisors Comstock, Smith, Brown and Rushing
NOES: None
ABSENT OR NOT VOTING: Supervisor Farrington

SIGNATURES:

DENISE RUSHING - CHAIR, BOARD OF SUPERVISORS
ANITA L. GRANT - COUNTY COUNSEL
RICHARD COEL - COMMUNITY DEVELOPMENT DEPARTMENT
ALICIA FLORES - ASST. CLERK OF THE BOARD