Chapter 18.20
RIGHT TO INDUSTRY ORDINANCE
Sections:
18.20.040 Disclosure statement.
18.20.050 Required disclosure.
18.20.010 Purpose.
The purpose of this chapter is to enhance the prospects of growth and stability for businesses located within the city’s established industrial zones. The city recognizes that when nonindustrial uses occur near industrial areas, the industrial operations may become the subject of nuisance complaints due to lack of information about such operations. This chapter seeks to reduce nuisance complaints by disclosing to existing and potential property owners and occupants of residential properties which are located within three hundred feet of industrially zoned land that they are affected by this chapter. Furthermore, this chapter seeks to clarify the circumstances in which an industrial operation may ultimately be declared a nuisance. (Ord. 734-2020 (part), 2020)
18.20.020 Nuisance policy.
It is the intent of this chapter to limit the circumstances in which industrial operations may be considered a nuisance. In furtherance of this purpose, no existing or future industrial business or any of its appurtenances which is conducted in a manner consistent with all land use and environmental laws shall be or become a nuisance, private or public, for adjacent land uses in or about the locality after the same has been in operation for more than three years when such action was not a nuisance at the time it began; provided, that this section shall not apply if the nuisance results from a negligent or improper operation of any such industrial operation or its appurtenances.
This section shall not be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Water Code, or any other applicable provision of state law relative to nuisances. Instead, it is only to be utilized in the interpretation and enforcement of the provisions of this code and city regulations. (Ord. 734-2020 (part), 2020)
18.20.030 Industrial land.
As used in this chapter, the term “industrial land” shall mean any property which is within an industrial zoning district as defined in Chapter 18.06. (Ord. 734-2020 (part), 2020)
18.20.040 Disclosure statement.
Whenever a disclosure statement is required to be provided or otherwise used as set forth in this chapter, it shall consist of the following language:
Right to Industry Disclosure Statement
This Property is located in or near land which is zoned or used for industrial uses. Residents of this property may be subject to inconvenience or discomfort arising from industrial operations. Such inconvenience and discomfort may include, but is not limited to, noise, odors, fumes, dust smoke, vibrations, visual impact, truck traffic and the operation of machinery during any 24 hour period. The city of Cloverdale has adopted policies to preserve industrial uses and residents or occupants of this property should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living within proximity to an active industrial area.
The disclosure statement is for informational purposes only and nothing in this chapter or the disclosure statement shall prevent anyone from complaining to any appropriate agency, or pursuant any other available remedy, concerning an unlawful or improper industrial practice. (Ord. 734-2020 (part), 2020)
18.20.050 Required disclosure.
A disclosure statement shall be provided to potential owners and occupants of real property used or zoned for residential uses as follows:
A. Upon Sale or Transfer. A person acting as an agent for the seller of property located within three hundred feet of industrial land, or the seller of the property, if acting without an agent, shall provide the disclosure statement to the prospective purchaser. The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.3 and 1102.10. Exceptions to the applicability of this section are set forth in Civil Code Section 1102.2.
B. Upon Subdivision. The disclosure statement shall be recorded as a notation on any final subdivision map or parcel map for a residential subdivision located within three hundred feet of industrial land.
C. Discretionary Land Use Permits. The city shall include the disclosure statement on all discretionary land use permit applications for residential land uses located with three hundred feet of industrial land and may require an applicant to record a notice of the disclosure statement as a condition of permit approval.
D. Rental and Lease Agreements. Any agreement for the rental or lease of a residential property or unit which is located within three hundred feet of industrial land shall contain the disclosure statement.
E. Building Permits. The city shall provide the disclosure statement to all applicants for building permits for new residential construction or mobile home placement within three hundred feet of industrial land. (Ord. 734-2020 (part), 2020)