Loading...
Ordinance 1993-22ORDINANCE NO. 93-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 3A TO THE GILROY CITY CODE ENTITLED AGRICULTURAL DISCLOSURE REQUIRE- MENTS FOR RESIDENTIAL REAL ESTATE TRANSACTIONS AND RELATED DISPUTE RESOLUTION PROCEDURES WHEREAS, California civil Code sections 1102.6a, 3482.5(d), and 3482.6(d) provide that any city may elect to require a seller of certain residential property to provide a disclosure statement to a prospective buyer acknowledging that the property being transferred is in close proximity to a commercial agricultural activity and that the buyer may be subject to inconve- niences or discomforts arising from such operations and will be subject to limitations on nuisance actions against the agricultural activity; and WHEREAS, the Santa Clara County Board of Supervisors has adopted Ordinance No. NS-300.512 relating to agricultural disclo- sure requirements and related dispute resolution procedures; and WHEREAS, the City of Gilroy ("City") desires that to the extent possible there be conformity between the City and Santa Clara County ("County") in the agricultural disclosure process and dispute resolution procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 3A is hereby added to read as follows: Chapter 3A. AGRICULTURAL DISCLOSURE AND DISPUTE RESOLUTION Section 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. ORDINANCE NO. 93 - 22 -1- (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 jurisdic- tion. This Ordinance 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. Section 3&.2. Definitions. (a) Agricultural Land. "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 viticul- ture, 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 Aqricultural Processing Activities. Pursuant to California civil Code section 3482.6(e) (1), the term "Commercial Agricultural Processing Activities" shall mean agricultural processing activities, operations, facili- ties or appurtenances thereof, including, but not limited to, the canning or freezing of agricultural products, the process- ing 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. "Grievance Committee" shall mean the Gilroy Planning Commission. (e) Nuisance. "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. Section 3A.3. Residential Real Estate Transfer Disclosure Statement. Pursuant to sections 3482.5, 3482.6 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: ORDINANCE NO. 93 - 22 -2- (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 improve- ments, of real property, or residential stock coopera- tive, improved with or consisting of not less than one or more than four 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 FORANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. 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 REPRESEN- TATIONS 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 AGRICUL- TURAL 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 ORDINANCE NO. 93 - 22 -3- 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 ADVI CE/I NS PE CT IONS/ DE FECTS . I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buyer Date__ Seller Date Buyer Date__ Agent (Broker representing Seller) By (Associate Licensee or Broker - signature) Date Agent (Broker Obtaining the Offer) By (Associate Licensee or Broker - signature) Date A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. Section 3A.4. Resolution of Disputes. (a) Should any controversy arise regarding any inconve- niences 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 of any kind during any 24-hour period (including aircraft), the storage and disposal of manure, and the application of spraying or otherwise of chemical fertiliz- ers, 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 presenta- tion 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 ORDINANCE NO. 93 - 22 -4- 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. SECTION II If any section, subsection, subdivision, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. SECTION III This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 20th day of December, 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST APPP~VED: --Do ~. ~ L~alzor QRDINANCq{' No. ~3 - 22 \296\131375.1 47-010404706002 --5-- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 93-22 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of December 19 93, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 28th day of January 19 9~4 (Seal)