Chapter 14.05


14.05.010    Purpose.

14.05.020    Definitions.

14.05.050    Policies.

14.05.200    Boundaries.

14.05.300    Notification.

14.05.400    Complaints.

14.05.010 Purpose.

The City of Elk Grove City Council, through adoption of the General Plan in 2003, established policies relating to agricultural uses within the City. Agricultural uses, even when conducted by the most responsible operator, can result in noise, odor, dust and other impacts which are tolerated and expected by similar operators. However, residents of adjacent property may not be as tolerant of these activities and may perceive them as a nuisance to the enjoyment of their home and property. It is important that adjacent property owners understand that those elements of agricultural production which may not be considered as desirable are acceptable in the furtherance of the General Plan goals for preservation of agricultural production. Therefore, it is essential that notification be provided to residents of property located near properties designated for agricultural use that these agricultural uses are encouraged, that accepted agricultural practices may continue, and that efforts to prohibit, ban, restrict, or otherwise eliminate established agricultural uses will not be favorably received. Therefore, the notification and mediation procedures to accomplish this goal are hereafter set forth. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

14.05.020 Definitions.

“Agricultural activity, operation, or facility or appurtenances thereof” shall include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture; the raising of livestock, fur-bearing animals, fish, or poultry; and any practices performed by a farmer or on a farm as incidental to or in conjunction with such farming operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

“Agricultural land” shall mean all that property within the boundaries of the City of Elk Grove currently designated Rural Residential, Rural Agriculture or General Agriculture in the City of Elk Grove General Plan. In addition, those properties zoned AG, AR-10, AR-5, AR-2, or AR-1 will also be considered “agricultural land” for the purpose of this chapter because the Zoning Code allows general agricultural uses in these zones.

“Director” shall mean the Development Services Director of the Development Services Department of the City of Elk Grove. [Ord. 24-2015 §6 (Exh. D), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

14.05.050 Policies.

A. No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began.

B. Subsection (A) of this section shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, or any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

C. This section shall not invalidate any provisions contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provisions. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

14.05.200 Boundaries.

This chapter shall apply to all properties within the boundaries of the City of Elk Grove. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

14.05.300 Notification.

A. When the City Council elects to provide notice of the “Right to Farm Ordinance,” the notice may be in the form of a brochure, flyer, or notice recorded for the purposes of disclosure in the title report, or some similar condensed document which outlines the general provisions of the ordinance and includes, substantially, the following statement:

The City of Elk Grove, upon incorporation in July 2000, adopted a Right-to-Farm Ordinance. The purpose of this chapter is to ensure that established agricultural operations which are operated in a manner consistent with proper and accepted customs and standards be allowed to continue. Residents of property which are adjacent to land which is zoned for agricultural use or which is designated on the General Plan for agricultural use may be subject to inconveniences or discomfort from the pursuit of agricultural operations, including but not limited to cultivation, plowing, spraying, fertilizing, pruning, and harvesting which occasionally generates dust, smoke, noise and odor; from the noise, odors, and other features attributed to the keeping of farm animals; and from the conduct of farming activities during typical working hours, as well as late in the evening, early in the morning, or twenty-four (24) hours a day during certain times and seasons of the year. The Elk Grove City Council has designated areas within its boundaries for agricultural uses and has adopted policies supporting continued agricultural production. Residents within these areas and on adjacent property should be prepared to accept such inconvenience and recognize that these uses will occur. If, however, an agricultural operation is being conducted in a manner which does not appear to be consistent with accepted agricultural practices, any person may file a complaint with Community Enhancement.

B. For the purpose of mailing such notice the Director may utilize addresses from Postal Service ZIP Code lists which include all property designated for agricultural use on the General Plan and property adjacent to property so designated. Failure to receive such notice shall not relieve any property owner or resident from any of the terms of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

14.05.400 Complaints.

From time to time, complaints may be raised by residents that agricultural activities are not being conducted in a reasonable manner, or that the operator of an agricultural operation is not using currently acceptable methods in the conduct of the farm. Therefore, a procedure is hereby established whereby any property owner or resident may file a complaint with Code Enforcement. Complaints must be in writing and must specify the property on which the activity is occurring, the nature of the unacceptable activity, dates or times when the activity occurs, and any other pertinent information which may assist in the resolution of the dispute. [Ord. 7-2011 §4, eff. 3-25-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]