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))