ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN ORDINANCE ADDING CHAPTER 2.65 TO PART 2.6 OF

TITLE 2 OF THE SAN MATEO COUNTY ORDINANCE CODE,

REGARDING AGRICULTURAL AWARENESS

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Chapter 2.65 (Agricultural Awareness) is hereby added to Article 2.6 (Planning and Parks) of Title 2 of the San Mateo County Ordinance Code to read as follows:

Chapter 2.65

AGRICULTURAL AWARENESS

2.65.010 Findings and Purpose.

2.65.020 Definitions.

2.65.030 Agricultural Impacts.

2.65.040 Disclosure.

2.65.050 Resolution of Disputes.

2.65.060 Separability.

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Section 2.65.010 Findings and Purpose.

(a) It is the declared policy of this County to conserve, protect and encourage agricultural operations on agricultural land within the County.

(b) The Board of Supervisors of San Mateo County finds that residential and commercial development adjacent to certain agricultural lands could lead to restrictions on agricultural operations to the detriment of the adjacent agricultural uses and economic viability of the County’s agricultural industry as a whole.

(c) The purposes of the chapter are to promote public health, safety and welfare and to support and encourage continued agricultural operations in the County. This chapter is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances, rather it is only to be utilized in the interpretation and enforcement of the provisions of County ordinances and regulations.

(d) The purpose of this chapter is also to promote ongoing communications between residential land owners and the operators of agricultural operations, and promote a policy of grievance resolution, instead of costly litigation, to resolve legitimate concerns over agricultural activities.

Section 2.65.020 Definitions.

As used in this Ordinance:

(a) “Agricultural Land” shall mean all that real property within the boundaries of unincorporated San Mateo County for which the zoning permits agricultural operations.

(b) “Agricultural Operation” shall mean and include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture or apiculture; and raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

Section 2,65.030 Agricutural Impacts.

It is recognized that normal and routine agricultural operations can and may cause inconvenience and discomfort to adjacent property owners. The County of San Mateo finds that such impacts from normal and routine agricultural operations, as long as they are carried out in a legal manner and conducted according to established practices, are acceptable.

Section 2.65.040 Disclosure.

(a) The disclosure statement required by this section shall be used under the following circumstances and in the following manners:

(1) The County of San Mateo shall mail a copy of the disclosure set out at subsection (b) of this section with the annual tax bill to all owners of real property in those tax rate areas in unincorporated San Mateo County that contain agricultural land.

(2) Upon the issuance of a discretionary development permit, including but not limited to subdivision maps, conditional use permits, and use permits, for agricultural land, the County Planning and Building Department shall include a permit condition requiring that the owners of the property sign a statement of acknowledgment containing the disclosure set out in subsection (b), on forms provided by the County Planning Division, and that the form shall then be recorded with the County Recorder.

(b) The disclosure statement shall read as follows: “This property may be adjacent to property utilized for agricultural purposes. Residents and owners of property adjacent to agricultural operations may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers, and from the pursuit of agricultural operations, including plowing, spraying, pruning and harvesting, which occasionally generate dust, smoke, noise, odor, light and glare. San Mateo County has established agriculture as a priority use on productive agricultural lands, and residents and owners of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary agricultural operations.”

Section 2.65.050 Resolution of Disputes.

(a) Should any controversy arise regarding any inconveniences or discomforts occasioned by agricultural operations, including, but not limited to, noises, odors, fumes, dust, the operation of machinery of any kind (including aircraft), the storage and disposal of manure (except as governed by the County’s Confined Animal Ordinance), or the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, any party to the controversy may submit the controversy to a grievance committee as set forth below in an attempt to resolve the matter prior to the filing of any court action. The grievance shall be submitted in writing to the Director of Planning within thirty (30) days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence, on a form provided by the Planning Division.

(b) The committee shall be composed of the following five (5) members: i) the Assistant County Manager, who shall chair the committee; ii) the County Agricultural Commissioner; iii) a representative of the San Mateo County Farm Bureau, and iv) where applicable, two (2) members of the local municipal advisory council (e.g., Pescadero Municipal Advisory Council (PMAC) or Midcoast Community Council (MCC)). In areas where there is no municipal advisory council, the fourth and fifth members of the committee shall be selected by the Assistant County Manager and the Agricultural Commissioner.

(c) The effectiveness of the grievance committee as a forum for resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.

(d) The controversy shall be presented to the committee by written request of one of the parties within the time limits specified. Thereafter the committee may investigate the facts of the controversy, but must, within thirty (30) days of receiving the request, hold a meeting to consider the merits of the matter, and, must render a written recommendation to the parties within twenty (20) days after the meeting. At the meeting, the parties shall have an opportunity to present the pertinent facts to the committee.

(e) Any decision by the grievance committee shall be advisory in nature only.

(f) The committee shall report its findings to the Board of Supervisors within twenty (20)

days of making its written recommendation, or at the next meeting of the Board of

Supervisors if there is no board meeting scheduled during that time.

Section 2.65.060 Separability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the chapter.

SECTION 2. This Ordinance shall be effective thirty (30) days from the date of passage thereof.

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