Title
Introduce, waive reading, and set October 28, 2014 at 1:30 P.M. as the date and time to consider adoption of an ordinance amending Chapter 16.40, commonly known as the "Right to Farm" ordinance, of the Monterey County Code in order to increase the protection of agricultural operations from nuisance claims, with the goal of promoting the long-term protection of agricultural lands in Monterey County.
(Right-to-Farm ordinance - REF130040, County-wide; exempt under CEQA)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors introduce, waive reading, and set October 28, 2014 at 1:30 P.M. as the date and time to consider adoption of an ordinance (attachment B) amending Chapter 16.40, commonly known as the "Right to Farm" ordinance, of the Monterey County Code in order to increase the protection of agricultural operations from nuisance claims, with the goal of promoting the long-term protection of agricultural lands in Monterey County.
SUMMARY:
On August 27, 2014, the Monterey Planning Commission recommended to the Board of Supervisors adoption of the draft Right-to-Farm ordinance (see Attachment D for Planning Commission Resolution). The proposed ordinance (Attachment B) would apply in both the inland and coastal areas of the County, as does the existing Chapter 16.40.
The proposed ordinance is intended to reduce conflicts at the agricultural/urban boundary by educating residents, especially newcomers, as to the realities of living near modern agricultural operations. The theory is if residents are advised that dust, noise, spray and odors are typical accompaniments to agricultural practices, residents will be less likely to complain or go to court over such annoyances, thereby reducing the risk to the agriculture industry. It is important to note, however, that this ordinance does not prevent farmers from being sued over agricultural practices, even those that are accepted customs and standards.
The proposed ...
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