*Note--Chapter 4, Cotton, Sections 63.401 and 63.402, repealed by Ord. No. 2797 (N.S.), effective 3-25-65. New Chapter 4, Agricultural Enterprises and Consumer Information, Sections 63.401--63.408, added by Ord. No. 7408 (N.S.), effective 12-10-87; amended, as Agricultural Enterprises and Notice to Prospective Homeowners, by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25.
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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A property owner selling real property intended for residential use in the unincorporated area of the County shall provide a written disclosure to a prospective purchaser of the property that contains the following information, on a disclosure form that complies with Civil Code section 1102.6a:
"Commercial agricultural operations are located throughout the unincorporated area of San Diego County and are often conducted on relatively small parcels. Because the subject property is also located in the unincorporated area it is likely to be located near a commercial agricultural enterprise. Occupants of the property offered for sale may experience inconvenience, irritation or discomfort arising from the agricultural enterprise, including but not limited to noise, odors, fumes, dust, smoke, insects, rodents, the operation of machinery of any kind, including aircraft, during any 24 hour period, the storage and disposal of manure, and agricultural chemicals, such as pesticides and fertilizers, that may be applied by spraying or other means. If the inconvenience, irritation or discomfort is caused by a commercial agricultural enterprise that is being conducted or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural enterprises in the same locality, and the enterprise has been in operation for more than three years and was not a nuisance at the time the enterprise began, Civil Code sections 3482.5(a) and 3482.6(a) provide the enterprise shall not be considered a nuisance under the State or local law, either presently or in the future. Consequently, occupants of the property may be required to accept the inconvenience, irritation or discomfort, unless the agricultural enterprise constitutes a nuisance under Civil Code section 3482.5(b) or (c) or Civil Code section 3482.6(b) or (c). You should also be aware that an agricultural enterprise may be altered or expanded in the future."
(Amended by Ord. No. 9539 (N.S.), effective 4-4-03; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)