Click here to read the proposed Resolution and the Amendments to Chapter 18.04 RIGHT TO AGRICULTURAL ACTIVITY.
Note: This is a 50MB file and the information begins on Packet Page 384.
March 15, 2016 - At the Tuesday, March 15, 2016 Mariposa County Board of Supervisors Meeting the Board will discuss an item to: 'Adopt a Resolution of Intention to Initiate Amendments to Mariposa County Code Chapter 18.04 to Remove the Real Estate Broker's Responsibility in Providing the "Right to Agricultural Activity" to Potential Buyers.'
From the Supervisors packet:
RESOLUTION - ACTION REQUESTED
MEETING: March 15, 2016
TO: The Board of Supervisors
FROM: Sarah Williams, Planning Director
RE: Initiate Amendments to Title 18 Right to Agricultural Activity
RECOMMENDATION AND JUSTIFICATION:
Adopt a Resolution of Intention initiating Amendments to Mariposa County Code Chapter 18.04 to Remove the Real Estate Broker's Responsibility in Providing the "Right to Agricultural Activity" to Potential Buyers.
Justification (summary):
1) The real estate community has requested the County remove the broker's involvement between the buyer and seller in providing the "Right to Agricultural Activity Real Estate Transfer Disclosure Statement."
2) There is a need to amend the text in Chapter 18.04 to address the concerns expressed by the real estate community.
3) The result of this amendment is to place the responsibility of the disclosure statement solely with the seller.
4) Amendments are needed to Chapter 18.04 to remove the Building Department from the administrative responsibilities of the Planning Department.
If the Board approves the Recommended Resolution, Planning staff will begin the necessary steps to start the amendment process:
1) Take the item to the Agricultural Advisory Committee for a recommendation;
2) Take the item to the Planning Commission, through the public hearing process, for a recommendation;
3) Take the item to the Board of Supervisors, through the public hearing process, that will actually amend County Code, following the second reading and adoption.
BACKGROUND AND HISTORY OF BOARD ACTIONS:
The Right to Agricultural Activity Ordinance was enacted by Ordinance 888 in 1995. The Right to Agricultural Activity Ordinance was amended by Ordinance 1018 in 2005.
ALTERNATIVES AND CONSEQUENCES OF NEGATIVE ACTION:
Alternatives: Modify text in amendment proposal.
Consequences of Negative Action: The real estate broker will continue to be responsible for providing the "Right to Agricultural Activity Real Estate Transfer Disclosure Statement" to the buyer.
FINANCIAL IMPACT:
None
ATTACHMENTS:
Draft Resolution of Intention to Initiate Amendments "Right To Ag" (DOC)
CAO RECOMMENDATION
Requested Action Recommended
