§ 30-27. Disclosure of article in development approvals.

Where a development approval is sought on or adjacent to agricultural land, the property owner, as part of the application for the development approval, shall execute a declaration acknowledging the right to farm. The director of permit and resource management shall cause the declaration to be recorded in the office of the county recorder upon granting of the development approval, unless a declaration acknowledging the right to farm has already been recorded for the property pursuant to this section, in which case the declaration need not be recorded. The declaration shall be in substantially the following form:

DECLARATION ACKNOWLEDGING RIGHT TO FARM

 The undersigned do hereby certify to be the owner(s) of certain real property located in Sonoma County, California, and more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference ("the subject property").

 The undersigned do hereby acknowledge that the subject property is located on or adjacent to agricultural land, as defined in the Sonoma County Right to Farm Ordinance (Sonoma County Code, Chapter 30, Article II). The undersigned do hereby further acknowledge that the County of Sonoma permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Sonoma County, and has declared it County policy in the Sonoma County Right to Farm Ordinance to conserve, protect, enhance, and encourage such operations. The undersigned do hereby further acknowledge that if the subject property is located near an agricultural operation on agricultural land, residents or users of the subject property may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. The undersigned do hereby further acknowledge that one or more of these inconveniences or discomforts may occur as a result of any properly conducted agricultural operation on agricultural land. The undersigned do hereby further acknowledge that the County of Sonoma has determined in the Sonoma County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Sonoma County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.

 This Declaration shall run with the subject property in perpetuity and shall be binding upon the undersigned and the undersigned's heirs, personal representatives, lessees, executors, successors, and assigns. This Declaration and the acknowledgments contained herein shall be disclosed to prospective transferees of any interest in the subject property, including, without limitation, a leasehold interest, prior to any such transfer.

  IN WITNESS WHEREOF , the undersigned has/have executed this Declaration this _____ day of ________, 20___.

	DECLARANT(S)
Dated:_______	_______
Dated:_______	_______

 

NOTE: ACKNOWLEDGMENTS MUST BE ATTACHED FOR ALL SIGNATORIES.

(Ord. No. 5203 § 5, 1999.)