California Civil Code section 3482.5 provides that no agricultural activity, operation, facility or appurtenances, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural enterprises in the same locality, shall be or shall become a nuisance due to a changed condition in or about the locality, after the agricultural enterprise has operated for more than three years, if it was not a nuisance at the time it began. Similarly, California Civil Code sections 3482.6 provides that no agricultural processing activity, operation, facility or appurtenances conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural enterprises in the same locality, shall be or shall become a nuisance due to a changed condition in or about the locality, after the agricultural enterprise has operated for more than three years, if it was not a nuisance at the time it began. Sections 3482.5 and 3482.6 allow a local public entity, however, to adopt an ordinance that allows notification to a prospective homeowner that a dwelling is in a close proximity to an agricultural enterprise. The commercial agricultural industry in the unincorporated area of the County is an important element of the County's economy and a valuable open space and greenbelt resource for County residents. Because conflicts may occur between agricultural enterprises and certain other land uses, this chapter requires the seller of property intended for residential use to notify a prospective purchaser of the property that there may be conflicts between an existing agricultural enterprise and residential use of the property.
(Amended by Ord. No. 9539 (N.S.), effective 4-4-03; amended by Ord. No. 10036 (N.S.), effective 2-26-10)