Chapter 6.28 FARMING RIGHTS
Section 6.28.070 Right to farm restrictions.
A. As a condition of approval of a
discretionary development permit, including, but not
limited to tentative subdivision and parcel maps, use permits and rezoning, prezoning and
planned developments, relating to property located within two thousand (2,000) feet of
agricultural land, agricultural operations or agricultural processing facilities or operations, every
transferor of such property shall, upon transfer, insert the restriction recited below in the deed or
other instrument transferring any right, title or interest in the property to a transferee.
RIGHT TO FARM RESTRICTION
Alameda County permits operation of properly conducted agricultural
operations within the
County.
You are hereby notified that the property you are acquiring
an interest in is located within
2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or
operations. You may be subject to inconvenience or discomfort from lawful agriculture or
agricultural processing facilities operations. Discomfort and inconvenience may include, but is
not limited to, noise, odors, fumes, dust, smoke, burning , vibrations, insects, rodents and/or the
operation of machinery (including aircraft) during any 24-hour period.
One or more of the inconveniences described above may occur
as a result of agricultural
operations which are in compliance with existing laws and regulations and accepted customs and
standards. If you live near an agricultural area, you should be prepared to accept such
inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong
rural character and an active agricultural sector.
Lawful ground rig or aerial application of pesticides, herbicides,
fungicides, rodenticides and
fertilizers occurs in farming operations. Should you be concerned about spraying, you may
contact the Alameda County Agricultural Commissioner.
The Alameda County Right to Farm Ordinance does not exempt
farmers, agricultural
processors or others from compliance with the law. Should a farmer, agricultural processor or
other person not comply with appropriate state, federal or local laws, legal recourse may be
possible by, among other ways, contacting the appropriate agency.
B. This right to farm restriction
shall be included in all subsequent deeds and leases for this
property until such time as the property is not located within two thousand (2,000) feet of
agricultural land or agricultural operations as defined by Section 6.28.010.
C. The failure to include the restriction
required by this section in any deed or other
instrument shall not invalidate any transfer. (Ord. 2000-61 § 1 (part))