Chapter 3A
AGRICULTURAL DISCLOSURE AND DISPUTE RESOLUTION1

Sections:

3A.1    Findings.

3A.2    Definitions.

3A.3    Residential real estate transfer disclosure statement.

3A.4    Resolution of disputes.

3A.1 Findings.

(a) The city council of the City of Gilroy finds that commercially viable agricultural land exists within the city’s jurisdiction, and that it is in the public interest to enhance and encourage agricultural operations within the city’s jurisdiction. The city council of the City of Gilroy also finds that residential development adjacent to certain agricultural lands may lead to restrictions on agricultural operations to the detriment of the adjacent agricultural uses and the economic viability of the city’s agricultural industry as a whole.

(b) The purposes of this chapter are to promote public health, safety, and welfare, and to support and encourage continued agricultural operations within the city’s jurisdiction. 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, or Division 7 (commencing with section 13000) of the Water Code, or any other applicable provision of state law relative to nuisances. (Ord. No. 93-22, § I, 12-20-93)

3A.2 Definitions.

(a) “Agricultural land” shall mean all that real property within the boundaries of the City of Gilroy currently used for commercial agricultural activities or commercial agricultural processing activities.

(b) Commercial Agricultural Activities. Pursuant to California Civil Code section 3482.5(e), the term “commercial agricultural activities” shall mean agricultural activities, operations, or facilities, or appurtenances thereto, including but not limited to cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, on-farm marketing, and processing of any agricultural commodity, including viticulture, horticulture, mushrooms, timber or agriculture, the raising of livestock, bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(c) Commercial Agricultural Processing Activities. Pursuant to California Civil Code section 3482.6(e)(1), the term “commercial agricultural processing activities” shall mean agricultural processing activities, operations, facilities or appurtenances thereof, including, but not limited to, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage of warehousing of any agricultural products, and shall include processing for wholesale or retail markets of agricultural products.

(d) “Grievance committee” shall mean the Gilroy planning commission.

(e) “Nuisance” shall mean all activities which are deemed to be public or private nuisances according to state law, noting exceptions to nuisance for commercial agricultural activities and commercial agricultural processing activities set forth in California Civil Code sections 3482.5 and 3482.6. (Ord. No. 93-22, § I, 12-20-93)

3A.3 Residential real estate transfer disclosure statement.

Pursuant to sections 3482.5, 3482.2 and 1102.6(a) of the California Civil Code, it is intended by this section to require certain additional disclosures in addition to those disclosures required by section 1102.6 upon the transfer of residential real property in proximity to agricultural land as follows:

(a) Upon any transfer as defined in Civil Code section 2985, by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements of real property, or residential stock cooperative, improved with or constituting of not less than one or more than four (4) dwelling units, the transferor shall require that the disclosure statement set forth in subsection (b) be delivered to the prospective purchaser or the lessee if the real property is in close proximity to an agricultural commercial activity or an agricultural commercial processing activity.

(b) The disclosure statement shall be set forth in, and shall be made on a copy of, the following disclosure form:

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS ________________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. 93-22 OF THE GILROY MUNICIPAL CODE AS OF JANUARY 19, 1994. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I.

SELLER’S INFORMATION

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely upon this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AS REQUIRED BY THE CITY OF GILROY AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

1. THE REAL PROPERTY IS IN CLOSE PROXIMITY TO A COMMERCIAL AGRICULTURAL ACTIVITY OR COMMERCIAL AGRICULTURAL PROCESSING ACTIVITY, OPERATION, FACILITY OR APPURTENANCES THEREOF, WHICH ACTIVITIES ARE IN CERTAIN CIRCUMSTANCES PROTECTED FROM NUISANCE ACTIONS PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 3482.5 AND 3482.6. You may be subject to inconveniences or discomforts arising from such activities, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Gilroy has established a procedure for dealing with disputes which arise regarding commercial agricultural activities. Such procedures are contained in Ordinance No. 93-22, Chapter 3A, Sections 3A.1. through 3A.4. of the Gilroy Municipal Code.

Seller certifies that the information herein is true and correct to the best of Seller’s knowledge as of the date signed by the Seller.

Seller __________ Date __________

Seller __________ Date __________

II.

BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller __________ Date __________ Buyer __________ Date __________

Seller __________ Date __________ Buyer __________ Date __________

Agent (Broker representing Seller) ______

By ________________Date __________

(Associate Licensee or Broker—signature)

Agent (Broker representing Offer) ______

By ________________Date __________

(Associate Licensee or Broker—signature)

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(Ord. No. 93-22, § I, 12-20-93)

3A.4 Resolution of disputes.

(a) Should any controversy arise regarding any inconveniences or discomforts occasioned by commercial agricultural activities or commercial agricultural processing activities, including, but not limited to, noises, odors, fumes, dust, the operations of machinery or any kind during any 24-hour period (including aircraft), the storage and disposal of manure, and the application of spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, any party may submit the controversy in writing within thirty (30) days of the date of the occurrence of the particular activity giving rise to the controversy, or of the date the party became aware of the occurrence to the grievance committee and request their resolution of the controversy.

(b) Each party to the controversy should recognize the value and importance of full discussion and complete presentation and agreement concerning all pertinent facts in order to eliminate any misunderstandings. Each party must cooperate in the exchange of pertinent information concerning the controversy.

(c) The grievance committee may investigate the facts of the controversy, but must, within thirty (30) days from the date on which the controversy was submitted, hold a meeting to consider the merits of the matter. At the meeting, all parties shall have an opportunity to present what each considers to be the pertinent facts. Within twenty (20) days of that meeting, the grievance committee must render a written decision to the parties.

(d) The decision of the grievance committee shall not be binding on the parties. If one or more of the parties is not satisfied with the decision, upon the agreement of all parties to the controversy, the matter may be submitted to binding arbitration pursuant to the Commercial Arbitration Guidelines of the American Arbitration Association or such other arbitration as the parties deem appropriate. (Ord. No. 93-22, § I, 12-20-93)


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Cross referencesKeeping of farm animals adjacent to dwellings, § 4.22 et seq.; agricultural processing sewer system, § 19.13 et seq.; subdivisions and land development, § 21.1 et seq.