A. Purpose. It is in the public interest to preserve the city's rural equestrian and agricultural character and to protect equestrian facilities, kennels and agricultural operations as a high-community priority while minimizing conflicts with new urban development. The intrusion of urban development often leads to restrictions on equestrian, kennel and agricultural operations to the detriment of the equestrian and rural agricultural uses. The purposes of this section are to:
1. Preserve and protect, those lands where agricultural uses and the keeping of livestock are allowed;
2. Support and encourage continued agricultural operations in the city: and
3. Notify prospective purchasers, residents and tenants of property adjoining or near agricultural operations, including the keeping of livestock (including, but not limited to, kennels). of the inherent conflicts associated with the purchase of the residence including the presence of chemicals, dust, light, noise, odors. and traffic that may occur near agricultural operations.
B. Relationship to Nuisance.
1 . Properties with existing horses or livestock in areas that allowed the keeping of animals at the time of adoption of this development code shall have the right to maintain the animals in the same manner not withstanding health and safety issues. New development shall bear the responsibility for providing appropriate buffers or setbacks between the existing development and the new development. No agricultural or livestock use shall become a nuisance to adjacent land uses, when the use was not a nuisance at the time it was established.
2. This section shall not be construed as modifying existing laws relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of this development code.
C. Disclosure by Subdivider. The subdivider of any property located within five hundred (500) feet of land utilized or zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, 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(ies) within this subdivision is(are) located within five hundred (500) feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, acaricides, fertilizers. fungicides, herbicides. insecticides, and rodenticides; and from pursuit of agricultural operations, including crop production and processing, and the keeping and raising of animals which may generate dust, light, noise, odor, and traffic. The city has adopted policies to encourage and preserve agricultural uses and operations in the vicinity of the city. Residents/occupants of property(ies) within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations."
D. Disclosure Prior to Issuance of Building Permits. Where a new structure intended for human occupancy is to be located on property which is located within five hundred (500) feet of land utilized or zoned for agricultural use, the owner(s) of the property shall, prior to issuance of a building permit, be required to sign and re-cord a statement in a form similar to that specified in subsection A (Disclosure by Subdivider) above. In lieu of signing the statement required above, the owner(s) may submit evidence that the statement in subsection A above, has been made a part of subdivision documents creating the parcel on which the structure is to be located.
(Ord. 253 § 2 (part): Ord. 182 § 2 (part), 1997)