Title
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 adopt 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 October 14, 2014, the Monterey County Board of Supervisors introduced, waived reading and set October 28, 2014 at 1:30 p.m. as the date and time to consider adoption of the Right to Farm ordinance. One clerical correction has been made to the ordinance since introduction: in Section 7 of the ordinance, the subheading of Section 16.40.040.B has been corrected from "Notice to Building Permit Applicants" to "Notice to Construction Permit Applicants."
On August 27, 2014, the Monterey Planning Commission recommended the Board of Supervisors adopt 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 annoyan...
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