ORDINANCE NO. 2023-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (CHAPTER 20.16 – RIGHT TO FARM AND CHAPTER 20.20 – NONCONFORMING USES, STRUCTURES AND PARCELS) OF THE CITY OF CHINO. PL23-0015 (ZONE ORDINANCE AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Chapter 20.16 (Right to Farm) of the Chino Municipal Code is hereby revised as follows with the remainder of the ordinance remaining unchanged (additions in red; deletions in bold strikethrough):
Chapter 20.16 – RIGHT TO FARM
20.16.010 – Purpose
As urban development occurs within the city, residential, commercial and industrial land uses will locate adjacent to pre-existing animal keeping and other agricultural activities. As a result, animal keeping and agricultural operations may become the subject of nuisance complaints or litigation, and could be pressured to cease or decrease curtail operations, or may be discouraged from making farm improvements.
To conserve and protect the continued viability of both animal keeping and agricultural operations, it is the intention of the city to limit the circumstances under which animal keeping or agricultural operations may be deemed to constitute a nuisance. The intent is to balance the rights of residents to keep animals and farmers to produce dairy products, food and other agricultural commodities, with the rights of non-farmers who own, occupy or use land adjacent to animal keeping and agricultural properties.
20.16.020 – Applicability
The right-to-farm policy contained herein shall apply to all legal animal keeping and agricultural operations within the city, the Agricultural Overlay District, and all other legally established other animal keeping and agricultural operations legally established in the County existing at the time the property was annexed to the City of Chino. These properties are expected to continue animal keeping and agriculture uses until they transition fully to their underlying residential zoning designation. For the purposes of this right-to-farm provision, agricultural operations shall include those uses permitted in the AG Zoning District.
20.16.030 – General Requirements
A. No animal keeping or agricultural operations conducted or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar animal keeping or 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 if the animal keeping or agricultural operation was existing at the time of annexation or thereafter legally expanded, and if it was not a nuisance at the time it began.
B. Purchasers of lots near or adjacent to animal keeping or agricultural uses shall be notified of all surrounding agricultural activities including the types of animals and agricultural activities, and their potential conflicts such as odors, noise, dust, pesticide abatement, etc. If the developer is the purchaser of the property, this notice shall be extended to subsequent owners.
C. Any dispute or controversy that arises regarding any inconveniences or discomforts occasioned by animal keeping or agricultural or agricultural processing operations or facilities should be settled by direct negotiation of the parties involved. Any such dispute or controversy that cannot be settled by direct negotiation of the parties involved should be submitted to a private mediator, a community mediation service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties.
D. This section shall not invalidate any provision 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 of the state of California, if the agricultural operation constitutes a nuisance, public or private, as specifically defined or described in any such provision.
E. This section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of city ordinances and regulations.
Section 2. Section 20.20.035 is hereby added to the Chino Municipal Code and shall read as follows (additions in red):
20.20.035 – Nonconforming animal keeping uses on properties annexed into the city.
Notwithstanding section 20.20.030, the following rules shall apply to nonconforming animal keeping uses on properties annexed into the city after January 1, 2023.
A. Right of continued use. An animal keeping use legally established under county laws and existing on the property at the time of annexation that exceeds the number of animals or deviates from the kinds of animals allowed in the underlying zoning district may continue to exist except as provided in subsection (E).
B. Discontinuation does not result in loss of use. An animal keeping use described in subsection (A) may be reestablished after discontinuation regardless of the duration of the discontinuation.
C. Limits on number and kinds of animals. The number and kinds of animals existing on a property subject to this section shall be limited to the number and kinds of animals that existed on the property at the time of annexation, unless additional animals are permitted in the underlying zoning district.
D. Change in ownership, tenancy, or management. The provisions of this section shall continue to apply regardless of a change in ownership, tenancy, or management of the property on which the animal keeping use is located.
E. Conformance with city code upon development of property. Animal keeping uses on properties subject to this section shall be brought into conformity with Section 20.21.030 (Animal Keeping) as a condition of the development of the property in accordance with the city zoning district in which the property is located.
F. No legal status for violations of county laws. This section does not grant legal status to any animal keeping use existing at the time of annexation that was not legally established under county laws. An existing animal keeping use that was illegal under county laws at the time of annexation shall be immediately brought into conformity with the city’s animal keeping regulations upon annexation.
Section 3. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, since the property owners will be continuing to keep animals as they have been previously permitted, and the changes are consistent with the goals and policies of the General Plan.
Section 4. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 6. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JULY 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly adopted by said City Council at a regular meeting held on the 19th day of July 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
ORDINANCE NO. 2023-005
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