Chapter 14.05
AGRICULTURAL ACTIVITIES
Sections:
14.05.030 Agricultural activity, operation, or facility or appurtenances thereof.
14.05.410 Decision of the planning director.
14.05.450 Requirement for annual report of activities.
14.05.010 Purpose.
Intensive 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 and enhancement of agricultural production. Therefore, it is essential that notification be provided to residents of property located near properties designated for general 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 hereinafter set forth. [Ord. 38-2007 § 1 (Exh. 1(I)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
14.05.020 Agricultural land.
“Agricultural land” shall mean all that property within the boundaries of Rancho Cordova currently designated agricultural cropland, agricultural-recreation reserve, agricultural-urban reserve, or general agricultural on the Rancho Cordova general plan. In addition, those properties zoned AG-160, AG-80, AG-40, AG-20, A-80, A‑20, A-10, AR-10, A-5, AR-5, A-2, AR-2, UR, or IR will also be considered “agricultural land” for the purpose of this chapter because the Rancho Cordova zoning code allows general agricultural uses in these zones. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
14.05.030 Agricultural activity, operation, or facility or appurtenances thereof.
“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. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
14.05.040 Director.
“Director” shall mean the planning director. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
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 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, of 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, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provisions. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
14.05.200 Boundaries.
This chapter shall apply to all properties within the boundaries of the city of Rancho Cordova. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
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 the office of the planning director. 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. The city council may, upon recommendation of the planning director, establish a fee to offset the costs of processing the complaint. [Ord. 38-2007 § 1 (Exh. 1(I)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0802 § 2, 1990].
14.05.410 Decision of the planning director.
The planning director will be the responsible party for determining whether the agricultural activity is being conducted in a reasonably acceptable manner, based on all information available to him/her. The planning director may require that specified corrective action take place and that the corrective action occur within a certain period of time. The planning director may determine that the operation is being conducted in a reasonable manner and remedial action is not necessary. If, after a final decision is rendered by the planning director, one of the parties to the complaint is dissatisfied with the decision, that decision may be appealed to the planning commission, as provided in RCMC 14.05.430. The city council may, upon recommendation of the planning director, establish a fee to offset the costs of processing an appeal. [Ord. 38-2007 § 1 (Exh. 1(I)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
14.05.430 Appeal.
In the case of a dispute as to the appropriate resolution of a complaint, any party may, within 10 days of the planning director’s decision, request a hearing before the planning commission by filing an appeal in the office of the planning director. The planning commission shall conduct a hearing for the purpose of receiving information from the individual appealing the decision, the planning director, the property owner/operator, the complainant, and any other interested party. Decisions of the planning commission may be appealed to the city council within 10 days of the planning commission’s decision. [Ord. 38-2007 § 1 (Exh. 1(I))].
14.05.450 Requirement for annual report of activities.
The planning director shall prepare an annual report, outlining the number and nature of complaints received, and the resolution of those complaints. This report shall be provided to each member of the city council no later than February 1st of each year. The purpose of the report will be to identify for the city council the volume, subject, and resolution of complaints from residents near agricultural operations. This information may assist the city council in determining the appropriateness of certain types of land uses within agricultural areas, and in identifying appropriate buffering techniques between those uses which may resolve disputes before they occur. [Ord. 38-2007 § 1 (Exh. 1(I)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0808 § 1, 1990; SCC 0802 § 2, 1990].