Planning Commission Staff Report Hearing on October 24, 2013

Transcription

1 Planning Commission Staff Report Hearing on October 24, 2013 County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) ventura.org/rma/planning A. PROJECT INFORMATION 1. Request: The Appellant requests that the Planning Commission grant Appeal No. AP and Appeal No. AP to overturn an Equivalency Determination made by the Planning Director and to set aside the issuance of Notice of Violation No. PV Appellant: Rick Hagle, President, Hagle Lumber Company, Inc., c/o Patrick T. Loughman, Law Offices of Lowthorp, Richards, McMillan, Miller & Templeman, 300 Esplanade Drive, Suite 850, Oxnard, CA Property Owner: Ralph G. Hagle, Jr. and Mary Carol Hagle, Trustees of the Hagle Family Trust dated August 17, 1998, 3100 Somis Road, Somis, CA Applicant s Representative: Patrick T. Loughman, Law Offices of Lowthorp, Richards, McMillan, Miller & Templeman, 300 Esplanade Drive, Suite 850, Oxnard, CA Decision-Making Authority: Pursuant to the Ventura County Non-Coastal Zoning Ordinance (NCZO) [ (a)], the Planning Commission is the decision-maker for the submitted appeals. 6. Project Site Size, Location, and Parcel Numbers: The acre property that is the subject of the appeals is located at 3100 Somis Road, approximately 2/3 mile north of the City of Camarillo, in the unincorporated area of Ventura County. The Tax Assessor s Parcel Number (APN) of the parcel that constitutes the project site is ( property ) (Exhibit 2). The Tax Assessor s Parcel Numbers (APNs), acreage, and ownership of the APNs that are included in the history of the subject appeals are as follows: APN Size of APN Area of Project Site Within APN acres About 0.15 acres acres About 4.9 acres Property Owner Joseph E. Burdullis and Corinne Burdullis, Trustees of the Burdullis 1996 Living Trust dated June 24, 1994 Ralph G. Hagle, Jr. and Mary Carol Hagle, Trustees of the Hagle Family Trust dated August 17, acres About 1.6 acres Southern Pacific Transportation Co acres About 2.8 acres Ralph G. Hagle, Jr. and Mary Carol Hagle, Trustees of the Hagle Family Trust dated August 17, 1998

2 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 2 of Project Site Land Use and Zoning Designations (Exhibit 3): a. Countywide General Plan Land Use Map Designations: Agricultural and Existing Community Additionally, the General Plan land use designations of the additional APNs that are included in the history of the subject appeals are as follows: APN Existing Community General Plan Land Use Designations Agricultural and Existing Community Agricultural, Existing Community, and City of Camarillo Existing Community b. Zoning Designations: AE-40 ac (Agricultural Exclusive, 40 acre minimum parcel size) and M2-10,000 square feet [Limited Industrial, 10,000 square foot (sq.ft.) minimum parcel size] Additionally, the zoning designations of the APNs that are included in the history of the subject appeals are as follows: APN M2-10,000 sq.ft. Zoning Designations AE-40 ac and M2-10,000 sq.ft AE-40 ac, M2-10,000 sq.ft., and City of Camarillo M2-10,000 sq.ft. The existing land use and zoning designations, together with the subject property, existing permit area, and illegally paved area prompting the subject appeals are as shown as Figure 1, below.

3 Figure 1: General Plan and Zoning Designations Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 3 of Adjacent Zoning and Land Uses/Development (Exhibit 3): Location in Relation to the Project Site North East South West Zoning AE-40 ac OS-40 ac AE-40 ac and OS-40 ac AE-40 ac Land Uses/Development Southern Pacific Railroad, Somis Road (State Highway 34) and Agricultural Row Crops Agricultural Row Crops and Arroyo Las Posas (Calleguas Creek) Agricultural Row Crops and Arroyo Las Posas (Calleguas Creek) Southern Pacific Railroad, Somis Road (State Highway 34) and Agricultural Row Crops 9. History: The County s zoning records document that prior to August 1967, the zoning on the subject property was RE-1 ac (Rural Exclusive, 1 acre minimum) and MPD (Manufacturing Planned Development). On August 1, 1967, the Board of Supervisors rezoned a portion of the subject property from MPD (Manufacturing Planned Development) to M2 (Limited Industrial) [Zone Change No. Z-1516 (Ordinance No. 1962)]. (MPD is no longer a zoning designation in the NCZO.)

4 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 4 of 23 On June 22, 1972, the Planning Director approved Development Plan No. DP-66, which authorized the use of a wholesale lumber yard operated by the Hagle Lumber Company on a 6-acre parcel located adjacent to and southwest of the property that is the subject of these appeals. The parcel subject to DP-66 is zoned M2-10,000 sq.ft. and is known as APN DP-66 expired on July 2, On June 8, 1979, Parcel Map 3010 (28 PM 86) recorded creating three parcels, including the subject acre property (Parcel C of 28 PM 86) (Exhibit 4). On May 6, 1980, the Planning Director approved DP-244 which authorized the use of a lumber storage yard operated by the Hagle Lumber Company on approximately two acres adjacent to the railroad tracks located northwest of the property that is the subject of these appeals. The land subject to DP-244 is zoned M2-10,000 sq.ft. and is known as APN (portion) and APN (portion). On January 12, 1983, during the processing of the Countywide Agricultural Lands Protection Program, Ralph Hagle submitted a letter (Exhibit 5) to the Planning Director, specifying his intention to expand the lumber facility, which he acknowledged would not be possible if portions of the property were to be redesignated as Agricultural and rezoned to AE. Mr. Hagle s letter includes a request that the subject property be excluded from the then-proposed Agricultural land use designation (Figure 2) and AE zoning designation. Figure 2: General Plan Designations On May 17, 1983, the Board of Supervisors approved General Plan Amendment (GPA) 82-3 (Agricultural Lands Protection Program) designating the RE-1 ac zoned potion of the subject property as "Agricultural," as shown in Figure 2.

5 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 5 of 23 On June 14, 1983, Ralph Hagle submitted an application to subdivide the subject acre property into: (1) a 4.86-acre property (the portion of the subject property that is subject to DP-244); and (2) a acre property consisting of the remaining portion of the subject property) (Parcel Map No. PM 3981). On April 10, 1984 and in association with the request for PM 3981, Rick Simons, representing Fred W. Hammer Development Consultant, requested Variance No. V-4227 on behalf of Mr. Hagle to allow the creation of a substandard sized parcel (37.37 acres) in the AE zone which has a minimum parcel size of 40 acres. The Planning Division closed both applications on May 16, 1986, due to inactivity by the applicant for a period exceeding six months. On June 22, 1984, Ralph Hagle submitted an application to modify DP-244 to expand the Hagle Lumber Company commercial lumber yard into additional areas of the subject property. The proposed modification was approved on February 11, 1985 as DP Subsequently, in 2009, during the processing of Modification No. LU of DP (as discussed below), staff discovered that the permit to expand the commercial lumber yard was issued in error because a portion of the subject property was zoned AE, a zoning district in which a lumber yard is not permitted. By way of a letter from Dan Klemann to Tom Figg, dated February 9, 2010, the County informed Mr. Hagle that, because the County erred in issuing the permit within the AE-zoned portion of the subject property, the County would not require the applicant to rezone that portion of the DP permit area. Therefore, the Planning Division considers the AE-zoned portion of DP to be a legally established non-conforming land use. On November 27, 1984, the Board of Supervisors rezoned a portion of the subject property. The zone change involved changing the entire RE 1-ac zoned portion of the subject property to AE (Zone Change Z-2728). The zone change was a necessary second step triggered by the then-recently-adopted Agricultural Lands Protection Program (GPA 83-2), so that the zoning would be consistent with the newly underlying Agricultural General Plan land use designation. The zone change became effective on January 11, 1985 (Figure 3).

6 Figure 3: Zoning Designations Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 6 of 23 On May 7, 2009, Hagle Lumber Company submitted a request to modify DP to construct (1) a 4,370 sq.ft., 2-story office addition, (2) a 939 sq.ft. veranda to an existing single-story, 2,640 sq.ft. office, and (3) a 1,242 sq.ft. veranda. The application was known as Planned Development Permit Modification No. LU On June 10, 2009, the Planning Division made a determination of incompleteness regarding LU because (1) a portion of the facility is located within the AE zone, a zone that does not permit lumber storage operations (as discussed above in the discussion regarding DP-244-1), and (2) lumber storage operations had been unlawfully expanded outside the boundaries of the DP permit area. Based on an analysis of the site by Engineering Geologist Brian R. Baca (CEG #1922), the illegal pavement was installed on a level pad consisting of at least 15,000 cubic yards (c.y.) of fill (Figure 4). The commercial lumber yard was expanded incrementally over many years through the creation of a large fill pad, as demonstrated in a chronological series of aerial photographs from 1998 through 2013 (Exhibit 6). Additionally, current oblique imagery from the south and east of the subject property illustrates the extent to which the commercial lumber yard was expanded (Exhibit 7).

7 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 7 of 23 Figure 4: July 2007 Photo of Hagle Lumber Property from the Southeast On July 31, 2009, and supplemented on August 13, 2009, Tom Figg, representative of Ralph Hagle, requested that the Planning Director make the determination that timber products storage (which is not a term used in the NCZO) is equivalent to firewood operations (which is an allowed use in the AE zone), pursuant to NCZO (interpretation powers of the Planning Director) (Exhibits 8 and 9). The Equivalency Determination, had it been approved, would have enabled Mr. Hagle to submit an application to modify DP to legalize the lumber storage activities in the AE zone without a zone change and associated GPA. On February 9, 2010, the Planning Division determined that timber products storage is not equivalent to firewood operations. This determination was documented in a letter from Dan Klemann to Tom Figg (Exhibit 10). Additionally, on February 9, 2010, The Planning Division issued Notice of Violation No. PV on the subject property, as well as on APNs , -840, and -850 (Exhibit 11). The Notice of Violation documented the unpermitted expansion of lumber storage outside the boundaries of DP onto AE-zoned land in violation of NCZO , , , , and , and in violation of the conditions of approval of DP It is acknowledged in the notice for PV that the underlying DP permit area is larger than the area currently owned by the Hagles or used by the Hagle Lumber Company. It is requested in the PV notice that documentation be obtained from the current owners of non-hagle property to remove those properties from the permit boundary. On February 18, 2010, Rick Hagle, representing Hagle Lumber Company, filed an appeal of the conclusions made in the February 9, 2010, Equivalency Determination (Appeal No. AP ) (Exhibit 12). Additionally, on February 18, 2010, Rick Hagle filed an appeal of Notice of Violation (PV ) that was issued on February 9, 2010, which determined

8 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 8 of 23 that the expansion of the Hagle Lumber Yard onto an 11-acre portion of the subject property violates the terms and conditions of Development Plan DP (Appeal No. AP ) (Exhibit 13). On July 22, 2010, the applicant s representative submitted a letter in which a reconsideration of the previous Equivalency Determination was requested along with a request that lumber storage be considered to be equivalent to "Agricultural Operations, Crop and Orchard Production Packing, Storage or Preliminary Processing Involving No Structures" (Exhibit 14). By letter dated August 20, 2010 (Exhibit 15), the Planning Division responded to the request as follows: The Planning Division disagrees with this interpretation and finds that the lumber storage is simply an expansion of the Hagle commercial lumber sales yard. Such a use is only allowed under the use category of RETAIL TRADE Lumber Sales Yard (Section ). In accordance with Section , lumber storage is allowed only in M2 (Limited Industrial) and CPD (Commercial Planned Development) zones. Lumber storage is not allowed in the AE zone. Compliance Agreement No. CA was signed by Ralph and Mary Hagle and the Planning Director on February 14, 2011 and February 16, 2011, respectively (Exhibit 16). CA requires the withdrawal of the two pending appeals, removal of the illegal pavement installed outside the DP permit area, discontinuation of all lumber yard storage operations outside the permit area, and restoration of the 11-acre site to farmable condition, but provides the Appellant with the following options to address the zoning violations before said compliance actions are required to occur. The Compliance Agreement allowed the Appellant to file, by June 15, 2011, a discretionary permit application, General Plan amendment or NCZO amendment with the County that, if approved, would allow additional land uses on the 11-acre portion of the property subject of the Notice of Violation. In this regard, on June 14, 2011, Patrick T. Loughman submitted General Plan Screening pre-submittal application No. AD on behalf of the property owner to request Planning Division guidance on identifying potential issues that could be associated with a future discretionary entitlement request involving: (1) a General Plan amendment to re-designate acres from Agricultural to Open Space, (2) a zone change of the same acres from AE-40 to OS-20, and (3) a NCZO text amendment to permit timber products storage subject to a CUP in the AE and OS zones, add definitions for timber products and timber products storage, and establish standards and required findings for storage of timber products. If each of these components of the request were approved, the Planning Division could process a permit request for a CUP for timber products storage on the subject property to correct the violations. On July 20, 2011, by means of a letter from Bruce Smith to Patrick T. Loughman, the Planning Division provided an analysis of the issues involved with the processing of the above-described amendments

9 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 9 of 23 (Exhibit 17). The property owner subsequently applied for NCZO text amendment No. ZN to (i) allow Christmas Tree Sales as an accessory use in the AE zone district; and (ii) recognize and allow timber product storage within the AE zone subject to a Conditional Use Permit The Board of Supervisors considered the proposed text amendment on October 25, 2011, and effectively denied further processing of ZN due to the property owner s failure to obtain three affirmative votes (Exhibit 18). The Compliance Agreement also allowed the Appellant to submit a proposal to use a portion of the unpermitted pavement installed in the AE-zoned portion of the property to conduct a by-right agricultural use, and states that any area of pavement that the County Planning Director deems necessary for the by-right agricultural use shall be allowed to remain in place. By letter dated April 19, 2011, the Appellant proposed a by-right use of some of the unpermitted pavement (Exhibit 19). By letter dated May 31, 2011, the Planning Director determined that a maximum of 9,000 square feet of the 11 acres of unpermitted pavement is eligible to remain for by-right uses (Exhibit 20). In addition, the Compliance Agreement contemplated that the subject appeals would be considered and determined by the County decision-makers in conjunction with the Appellant s aforementioned request for a discretionary approval (NCZO text amendment No. ZN ) that, if approved, would cure the violations. As this concurrent processing did not occur when the proposed text amendment was considered by the Board of Supervisors, the Appellant s appeals have been processed and are now before your Planning Commission for determination. Finally, the Appellant requested by letter dated February 2, 2011 that the Compliance Agreement include an option to initiate a public referendum under the Save Open Space and Agricultural Resources (SOAR) initiative process, in the event the pending appeals are denied by the County decision-makers. In accordance with this Appellant-requested provision, the Appellant may initiate and process a ballot measure to change the land uses permitted on the subject PROPERTY, provided that such a measure is qualified for the ballot within 30 days after the exhaustion of all of the administrative and discretionary permit options set forth in the Compliance Agreement. The deadline for qualifying such a ballot measure will be established after the County s resolution of the pending appeals. 10. Project Description: The two appeals filed by the Appellant are discussed in Section A.9 above and in Section C below, and area summarized briefly as follows: AP : The Appellant requests that the Planning Commission overturn the Planning Director s conclusions that (1) timber products storage is not a use allowed pursuant to the NCZO or an equivalent use to allowed uses in the

10 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 10 of 23 NCZO, and (2) timber products storage is not equivalent to Packing, Storage or Preliminary Processing Involving no Structures of agricultural products pursuant to the NCZO. The Appellant s detailed grounds of appeal are provided in Section C of this staff report. AP : The Appellant requests that the Planning Commission (1) stay enforcement action related to Planning Violation No. PV until the matter of Appeal No. AP has been resolved, and (2) determine that timber products storage is an equivalent use to Packing, Storage or Preliminary Processing Involving no Structures of agricultural products pursuant to the NCZO. The Appellant s detailed grounds of appeal are provided in Section C of this staff report. B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE Pursuant to CEQA (Public Resources Code et seq.) and the CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, et seq.), the subject appeal applications constitute a project that is subject to environmental review. The State Legislature through the Secretary for Resources has found that certain classes of projects are exempt from CEQA environmental impact review because they do not have a significant effect on the environment. These projects are declared to be Categorically Exempt from the requirement for the preparation of environmental impact documents. Planning Division staff has determined that both appeals are Categorically Exempt from the environmental impact review requirement under CEQA. Appeal AP involves the Appellant s request that the Planning Director s determination that timber products storage is not equivalent to firewood operations be overturned. The consideration of this appeal is exempt from CEQA pursuant to Sections (Projects that are disapproved) and (Enforcement Actions) of the CEQA Guidelines. This appeal is recommended by staff to be denied as the request is inconsistent with the NCZO and General Plan. This appeal is also related to the enforcement action taken by the County in response to the unpermitted expansion of the Hagle Lumber Yard acknowledged by the Appellant. Appeal AP involves the Appellant s request that Notice of Violation PV be set aside. This Notice was issued by the Planning Division as an enforcement action in response to the illegal expansion of the Hagle Lumber Yard. Thus, the consideration of this appeal is exempt under CEQA Guidelines 15321(a) (Enforcement Actions by Regulatory Agencies). This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency or enforcement of a law, general rule, standards, or objective, administered or adopted by the regulatory agency.

11 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 11 of 23 Based on the discussion above, the Planning Commission s consideration of the two appeal applications is Categorically Exempt pursuant to Sections and of the CEQA Guidelines. C. APPELLANT S GROUNDS OF APPEAL AND PLANNING STAFF RESPONSES The Appellant s grounds for the appeal are stated in italics below (see Exhibits 12 and 13 Appeal Forms and Grounds for Appeal). Following each ground of appeal is the Planning Division s staff response. AP (Appeal of Equivalency Determination): Ground of Appeal No. 1 The Plannind [sic] Director improperly ruled that: (i) timber product storage is an accessory use of the subject property; (ii) the use of the subject property constitutes Retail Operations Lumber Yard; (iii) timber products storage is not recognized as a valid land use; (iv) there are no other uses equivalent to timber products storage, and (v) as a result of the foregoing, a zoning violation exists. Planning Division Response to Ground of Appeal No. 1 The Appellant did not provide an explanation to support the argument that the Planning Director s analysis in the February 9, 2010, Equivalency Determination is flawed. The Planning Division s response follows each component of the Appellant s Ground of Appeal No. 1: (i) timber product storage is an accessory use of the subject property; The unpermitted lumber storage encroaches into areas outside the boundaries of the existing permitted Hagle Lumber Yard as delineated in Development Permit This encroachment extends into the AE-40 ac zoned portion of the property, and the stored lumber is operated in conjunction with the existing Hagle Lumber operation. In fact, the Equivalency Determination request filed by the Appellant acknowledges that the lumber storage operations encroach beyond the boundaries of DP-244-1, as amended. The Appellant has not provided any information to substantiate that the lumber storage is an independent, principal use on the site that is separate from the existing wholesale commercial lumber operation. (ii) the use of the subject property constitutes Retail Operations Lumber Yard; The Equivalency Determination does not categorize the Hagle Lumber facility as a retail operation. Rather, it clarifies that Retail Trade uses, such as lumber yards, are only allowed in the CPD and M2 zones. This clarification was provided in response to the argument in the Equivalency Determination request that a lumber yard is not specifically listed as a subcategory of Lumber And Wood Products And Processes

12 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 12 of 23 and therefore should qualify for an equivalency determination pursuant to NCZO Sec (Equivalent Uses Not Listed). The Equivalency Determination request states that the lumber yard is dedicated to short term storage of wholesale lumber, not manufacturing or retail trade. Therefore, the permitted portion of the Hagle Lumber facility is properly categorized as a Wholesale Lumber Operation which is allowed in the M1, M2, and M3 zones. See the excerpted sections of the NCZO zoning matrix below (Figure 5), which indicate with which permit types and in which zoning districts the listed uses may be permitted. Figure 5: NCZO Matrix (Excerpt from Commercial and Industrial Zones) MANUFACTURING INDUSTRIES Lumber And Wood Products And Processes CO C1 CPD M1 M2 M3 Cabinet Work PD PD Firewood Operations CUP CUP CUP Plywood, Particleboard And Veneer Manufacture; Wood Preserving Sawmills And Planing Mills PD PD PD PD RETAIL TRADE PD PD Lumber And Building Materials Sales Yards CO C1 CPD M1 M2 M3 CUP CUP CO C1 CPD M1 M2 M3 WHOLESALE TRADE PD PD PD FIREWOOD OPERATIONS CUP CUP CUP OS AE RA RE RO R1 R2 RPD RHD TP (iii) timber products storage is not recognized as a valid land use; Timber products storage is not a term that is listed or defined in the NCZO, nor, therefore, is it a use that is allowed under the NCZO. An undefined term that is not acknowledged in the NCZO cannot be construed to be a valid land use as stated in the Appeal. (iv) there are no other uses equivalent to timber products storage;

13 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 13 of 23 As discussed above in the February 9, 2010, Equivalency Determination, the Planning Director does not find that timber products storage is equivalent to firewood operations because: The definition of Firewood Operation is narrowly defined such that it could not be construed to apply to lumber (i.e. building materials) to be used for construction; Firewood Operations is considered to be a principal use, whereas the proposed timber products storage would be an accessory use to a principal lumber yard operation; and Lumber storage is already contemplated under the NCZO under the subcategory Lumber And Building Materials Sales Yards and the primary category Wholesale Trade and excludes the allowance to store lumber on AE-zoned land. (v) as a result of the foregoing, a zoning violation exists. The Planning Director could not make the determination that timber products storage, which is not a recognized term in the NCZO, is equivalent to Firewood Operations. The expansion of the Hagle Lumber facility constitutes a violation because the Hagle Lumber Yard was expanded outside of its permitted limits without the benefit of a modified permit, and because lumber storage is not a permitted use in the AE zone district. Ground of Appeal No. 2 Timber is a recognized agricultural crop, and as such, Packing, Storage or Preliminary Processing Involving no Structures is expressly exempt within the AE zone pursuant to Section of the County s Non-Coastal Zoning Ordinance. Planning Division Response to Ground of Appeal No. 2 The Appellant contends that timber is a recognized agricultural crop. Timber is a broad term that can be used to describe live trees, felled trees, unprocessed logs, rough-sawn wood, or milled wood. Note that both logs and milled wood can be used as building materials. Furthermore, the conversion of trees into finished lumber for retail sale involves several intermediate steps, which typically include: (1) transportation of felled trees/logs to a sawmill, (2) debarking of logs, (3) milling of wood into rough-sawn lumber, (4) seasoning (drying) of milled wood products, (5) planing of rough-sawn material into finished lumber, (6) transportation to and storage of lumber at wholesale lumber yards, and (7) transportation of lumber to retail lumber yards, builders, and manufacturers. Therefore, it is not appropriate to state that timber universally qualifies as agriculture. Finished lumber is a building material, not a crop. This conclusion is supported by information in the Ventura County NCZO, a determination by the Agricultural

14 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 14 of 23 Commissioner s Office, classifications of the North American Industry Classification System and the 1970 Soil Survey, and regulations of other counties in California, as discussed below. NCZO Pursuant to the excerpted section of the NCZO zoning matrix below, Packing, Storage Or Preliminary Processing Involving No Structures of agricultural products is an allowed use in the OS, AE, RA (Rural Agricultural), RE (Rural Exclusive) and TP (Timberland Preserve) zoning districts, indicating with an E the zoning districts in which the listed uses are allowed and exempt of permit requirements (Figure 6). Figure 6: NCZO Matrix (Excerpt from Open Space, Agricultural, Residential and Special Purpose Zones) AGRICULTURE AND AGRICULTURAL OPERATIONS Crop and Orchard Production Packing, Storage Or Preliminary Processing Involving No Structures OS AE RA RE RO R1 R2 RPD RHD TP E E E E E E E E E E E E E E E The NCZO defines Preliminary Processing as Basic activities and operations instrumental to the preparation of agricultural goods for shipment to market, excluding canning or bottling. As discussed in the October 25, 2011, Board letter regarding proposed Text Amendment No. ZN , Hagle s finished lumber is not locally grown and has undergone an industrial milling process. It should be further noted that the AE zone of the NCZO only allows packing, storage or preliminary processing of crop and orchard production for subsequent transportation to market, and excludes storage or processing of products derived from crop or orchard production (e.g., canning/bottling or storage of processed food). Finished lumber is a highly processed and finished product and therefore. is inconsistent with the current preliminary processing limitation. Agricultural Commissioner s Office Additionally, in a memorandum dated October 12, 2011 (included as Exhibit 21) from Rudy Martel to Dennis Hawkins, the Ventura County Agricultural Commissioner s Office provided the following comments with respect to the unpermitted pavement of 11 acres of classified farmland within the AE zoning district to accommodate the illegal expansion of a permitted lumber yard:

15 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 15 of 23 We recognize further that the lumber was not harvested or milled in Ventura County and we feel that this has the potential to set an undesirable precedent for expansion of other non-agricultural uses in the AE zone. While we recognize that this will result in an increased business expense for the Hagle Lumber company in the current economic downturn we find that we cannot agree with the proposed use of AE land for the storage of finished lumber products. North American Industry Classification System (NAICS) The NAICS, which is the federal standard for the classification of business types, categorizes Lumber, Plywood, Millwork, and Wood Panels within the Lumber and Other Construction Materials industry group of the Wholesale Trade division. Lumber, Plywood, Millwork, and Wood Panels are defined as: Establishments, with or without yards, primarily engaged in the wholesale distribution of rough, dressed, and finished lumber (but not timber); plywood; reconstituted wood fiber products; doors and windows and their frames (all materials); wood fencing; and other wood or metal millwork. Additional activities and services identified in the NAICS as being related to the harvesting, processing, and sale of lumber are contained within the Manufacturing, Agricultural Forestry and Fishing, and Forestry Services divisions. Wood and timber related classifications within the NAICS are listed as follows, along with information as to whether or not the Hagle lumber yard qualifies for that classification, as well as whether or not such an activity or service is allowed in the AE zoning district (Figure 7). Figure 7: NAICS Discussion NAICS Division Wholesale Trade NAICS Industry Group Lumber, Plywood, Millwork, and Wood Panels Description of Uses/Products Composite wood-based board products; Door frames; Enameled tileboard (hardboard); Wood fencing; Hardboard; Kitchen cabinets; Lumber (rough, dressed, and finished); Medium density fiberboard; Metal doors, sash and trim; Millwork; Moulding; Wood paneling; Particleboard; Plywood; Wood shingles; Structural assemblies prefabricated wood; Veneer; Wallboard; Window frames; Windows and doors; Wood siding Does Hagle lumber yard qualify? Yes Is this activity allowed in AE? No

16 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 16 of 23 NAICS Division Manufacturing Agriculture, Forestry & Fishing Forestry Services NAICS Industry Group Lumber and Wood Products, Except Furniture Forestry Forestry Services Description of Uses/Products Timber-cutting operations; Sawmills; Planing mills Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services and the gathering of gums, barks, balsam needles, maple sap, Spanish moss, and other forest products Does Hagle lumber yard qualify? No No Is this activity allowed in AE? No Yes Services related to timber production No Yes As described above, the NAICS has contemplated the various stages of conversion of timber to lumber products. The Hagle Lumber facility is classified as a wholesale trade business rather than manufacturing, agriculture, or forestry Soil Survey Finally, it is important to note that the 1970 Soil Survey prepared by the United States Department of Agriculture, Soil Conservation Service [now the Natural Resources Conservation Service (NRCS)], documents that the illegally-paved portions of the property are located on land that consists of Salinas Clay Loam, Sorrento Silty Clay Loam, and Pico Sandy Loam (Figure 8). These three soil types have farmland Capability Unit designations of I-1 and IIe-1, which are considered to be the most desirable soils (ranked I and II on a scale of I to VIII) for farming due to minimal limitations created by the soil. The Capability Unit I-1 soils (NRCS classification) under the illegal pavement extend northward to the agricultural fields across Somis Road. Those soils are designated as Prime on the Important Farmlands Inventory (IFI) map (Exhibit 22). The Capability Unit IIe- 1 soils under and adjacent to the illegal pavement are designated as Statewide on the 1984 IFI map (this is the earliest available IFI map). Thus, the illegal pavement was placed on Prime and Statewide designated soils. Note that the IFI map is inconsistent with the NRCS Soil Survey as it classifies the Capability Unit I-1 soil south of Somis Road as Statewide and the same soil type north of Somis Road as Prime. This is due to the influence of adjacent land uses (legal and illegal) when the later 1984 IFI survey was conducted. The underlying soil has not physically changed from the time the 1970 Soil Survey was conducted by the Soil Conservation Service.

17 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 17 of 23 Figure 8: 1970 Soil Survey Other California County Jurisdictions The Planning Division is not aware of other counties in California that allow lumber yards in their agricultural zones. Specifically, Planning Division staff has confirmed with Santa Barbara County, San Luis Obispo County, and Monterey County, that their zoning ordinances do not allow the establishment of lumber yards in agricultural zones. Based on the information above, none of the information furnished by the Appellant for County consideration or obtained by Planning staff supports the interpretation that finished lumber is an agricultural product, the storage of which would be eligible to be treated equivalently to other established agricultural uses. AP (Appeal of Notice of Violation): Ground of Appeal No. 1 The Notice of Violation arises from the Planning Director s improper determination that timber product storage is not recognized as an allowed use within the AE zone district. The Planning Director s Determination of Equivalent Use is presently under appeal (a copy of which is attached). Any and all enforcement action should be stayed pending the outcome of the Equivalency Determination appeal. Planning Division Response to Ground of Appeal No. 1 Pursuant to the analysis provided above in the Planning Division s discussion of Appeal No. AP , timber product storage is not a recognized term or an

18 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 18 of 23 allowed use within the NCZO. The property owner has made progress toward abatement of the violation by discontinuing use of and removing lumber yard storage operations on the paved 11-acre portion of the property that is outside the permit boundary and within the AE zoning district. However, the pavement of 11-acres of AE-zoned land outside the permit boundary remains a violation, as the Appellant s prior request for Zone Text Amendment No. ZN was denied by the Board of Supervisors. The Planning Division has not pursued any enforcement action during the processing of AP Ground of Appeal No. 2 Timber is a recognized agricultural crop, and as such, Packing, Storage or Preliminary Processing Involving No Structures is expressly exempt within the AE zone district pursuant to Section of the County s Non-Coastal Zoning Ordinance. Planning Division Response to Ground of Appeal No. 2 As discussed above in the Planning Division s analysis of Ground of Appeal No. 2 of Appeal No. AP , the expansion of lumber storage into outside the permit boundary and within the AE zoning district does not qualify as Packing, Storage Or Preliminary Processing Involving No Structures. D. APPELLANT S RECOMMENDED ACTIONS As stated in the Appeal forms for AP and AP , the Appellant requests that the Planning Commission take the following actions: 1. AP (Appeal of Equivalency Determination): Appellant s Recommended Action No. 1 Postpone an appeal hearing on the Equivalency Determination and implement the provisions of Section of the County s Non-Coastal Zoning Ordinance that provides the opportunity to negotiate a solution to the Notice of Violation. Planning Division Staff Response to Recommended Action No. 1 The Planning Division s Equivalency Determination was made and Notice of Violation No. PV was issued on February 9, The Appellant s request of Zone Text Amendment No. ZN was heard (and denied) by the Board of Supervisors on October 25, The date of this appeal hearing represents over three and a half years of postponement of an appeal hearing following the submittal of the Appellant s appeal requests. This is consistent with the Appellant s desire to explore alternatives to resolving the violation of unpermitted expansion of lumber storage outside the permit boundary and into the AE zone.

19 Appellant s Recommended Action No. 2 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 19 of 23 Absent a negotiated solution: (i) overturn the Planning Director s ruling; and (ii) affirm that the use of the subject property constituted Packing, Storage or Preliminary Processing Involving no Structures (as a subcategory of Crop Production and Orchard Production ), as an exempt use, contingent upon the removal of any structures present on the subject property. Planning Division Staff Response to Recommended Action No. 2 The action requested by the Appellant is not recommended by staff because the storage and sale of finished lumber is not consistent with the limitations of preliminary processing of agricultural products. The Appellant expanded the commercial use outside the permit boundary and into the AE zone where such a use is not allowed. There is no potential to allow the Appellant s desired expansion of the commercial lumber yard under the current NCZO and General Plan. The Appellant has already explored the possibility of a General Plan Amendment to change the General Plan Designation from Agricultural to Open Space and a Zone Change to change the zoning designation from AE to OS (Pre-submittal Analysis No. AD , dated July 20, 2011). Additionally, the Appellant sought a Zone Text Amendment (ZN ) which, had it been approved, would have allowed the lumber storage expansion desired by the Appellant. As noted above, this request was denied by the Board of Supervisors. 2. AP (Appeal of Notice of Violation): Appellant s Recommended Action No. 1 Stay enforcement action and implement the provisions of Section of the County s Non-Coastal Zoning Ordinance that provides the opportunity to negotiate a solution to the alleged violation. Planning Division Staff Response to Recommended Action No. 1 As discussed above in the Planning Division s staff response to Recommended Action No. 1 of AP , the date of this appeal hearing represents over three and a half years of postponement of an appeal hearing following the submittal of the Appellant s appeal requests, in order to allow the Appellant to explore alternate means of resolving the violation. Appellant s Recommended Action No. 2 The desired outcome is to allow the existing timber products storage on the subject property to remain (by the authority of Item #2 under Grounds of Appeal above) subject to and contingent upon removal of any and all structures present on the subject property.

20 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 20 of 23 Planning Division Staff Response to Recommended Action No. 2 As discussed above in the Planning Division s staff responses to Grounds of Appeal Nos. 1 and 2 of AP and Ground of Appeal No. 2 of AP , timber products storage is not a permitted use in the AE zone. 3. Countywide Implications of Appellant-Recommended Actions: It is important to note that NCZO Sec states that: Determinations that specific unlisted uses are equivalent to listed uses shall be recorded by the Planning Department, and shall be considered for incorporation into the Zoning Ordinance in the next scheduled ordinance amendment. Therefore, if it is determined that lumber storage is an equivalent use to either Firewood Operations or Packing, Storage Or Preliminary Processing Involving No Structures, then the Planning Division will include a NCZO ordinance text amendment to reflect that interpretation during the next ordinance amendment cycle. A determination of equivalency of lumber storage to Firewood Operations would result in an ordinance amendment that would create the opportunity for lumber yard operations Countywide to be established in the OS, AE, and RA (Rural Agricultural) zones with a Planning Director-approved CUP. If a determination of equivalency of lumber storage to Packing, Storage Or Preliminary Processing Involving No Structures is made, the resulting ordinance amendment would create the precedent for lumber yard operations Countywide to be established, exempt from permit requirements, in the OS, AE, RA, RE, and TP zones. A Planning Division initiated ordinance amendment proposal resulting from a determination of equivalency would involve an environmental analysis pursuant to CEQA. Additionally, it is reasonable to expect that if a lumber yard is allowed to be established on land zoned AE-40 ac and designated by the General Plan as Agricultural, the Planning Director would have no basis to deny other equivalency determination requests for non-agricultural wholesale and retail trade operations on agricultural land. E. PLANNING COMMISSION HEARING NOTICE, PUBLIC COMMENTS, AND JURISDICTIONAL COMMENTS The Planning Division provided public notice regarding the Planning Commission hearing in accordance with the Government Code ( 65091) and Ventura County NCZO ( ). The Planning Division mailed notice to owners of property within 300 feet of the property on which the project site is located and the City of Camarillo Planning Division, and placed a 1/8 page legal ad in the Ventura County Star. As of the date of this document, the Planning Division has not received any comments regarding the appeals.

21 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 21 of 23 F. APPEAL FEES The current Board of Supervisors adopted Planning Division Fee Schedule states: If any appeal is fully upheld, all fees paid by the appellant shall be refunded. If the appeal is upheld in part, the decision-making body hearing the appeal shall determine at the time the decision is rendered what portion of the appeal charges should be refunded to the appellant. Therefore, should your Commission uphold either or both of these appeals in part, your actions shall include a determination regarding the appropriate refund to the appellant, if any. G. RECOMMENDED ACTIONS Based upon the preceding analysis and information provided, Planning Division Staff recommends that the Planning Commission take the following actions: 1. CERTIFY that the Commission has reviewed and considered this staff report and all exhibits thereto, and has considered all comments received during the public comment process; 2. FIND that the consideration of Appeal Nos. AP and AP is Categorically Exempt from CEQA pursuant to and of the CEQA Guidelines; 3. DETERMINE, consistent with the analysis and conclusions in the Planning Division s February 9, 2010, Equivalency Determination (Exhibit 10), that lumber storage and timber products storage are not equivalent uses to a firewood operation ; 4. DETERMINE, consistent with the analysis and conclusions in the Planning Division s August 20, 2010, letter (Exhibit 15), that lumber storage and timber products storage are not equivalent uses to "Agricultural Operations, Crop and Orchard Production Packing, Storage or Preliminary Processing Involving No Structures"; 5. DENY Appeal No. AP , based on the evidence presented in the staff report and at the public hearing, and UPHOLD the Equivalency Determination as stated in the Equivalency Determination letter (Exhibit 10); 6. DENY Appeal No. AP , based on the evidence presented in the staff report and at the public hearing, and CONFIRM the existence of the violation as stated in PV (Exhibit 11); and

22 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 22 of SPECIFY that the Clerk of the Planning Commission is the custodian, and 800 S. Victoria Avenue, Ventura, CA is the location, of the documents and materials that constitute the record of proceedings upon which this decision is based. The decision of the Commission is final unless appealed to the Board of Supervisors within 10 calendar days of the date of the decision. Any aggrieved person may file an appeal of the decision with the Planning Division. The Planning Division shall then set a hearing date before the Board of Supervisors to review the matter at the earliest convenient date. If you have any questions concerning the information presented above, please contact Kim L. Prillhart at (805) or kim.prillhart@ventura.org, or Andrea Ozdy at (805) or andrea.ozdy@ventura.org. Prepared by: ihn_6;lt-fek Andrea Ozdy, Case Planner Residential Permits Section Ventura County Planning Division ivr34. Prillhart, Director Ventura County Planning Division EXHIBITS Exhibit 2 Aerial Location and Assessor's Parcel Information Exhibit 3 Aerial Location, General Plan and Zoning Designations Exhibit 4 Parcel Map 3010 (28 PM 86) Exhibit 5 Letter from Ralph Hagle to Planning Director (January 12, 1983) Exhibit 6 Chronological Series of Aerial Photographs ( ) Exhibit 7 Oblique Imagery from the South and East Exhibit 8 Equivalency Determination Request from Tom Figg (July 31, 2009) Exhibit 9 Supplemental Equivalency Determination Request from Tom Figg (August 13, 2009) Exhibit 10 Equivalency Determination Letter from Dan Klemann to Tom Figg (February 9, 2010) Exhibit 11 Notice of Violation No. PV (February 9, 2010) Exhibit 12 Appeal Form and Grounds of Appeal for AP Exhibit 13 Appeal Form and Grounds of Appeal for AP Exhibit 14 Letter from Patrick T. Loughman to Brian Baca (July 22, 2010) Exhibit 15 Letter from Brian R. Baca to Patrick T. Loughman (August 20, 2010) Exhibit 16 Compliance Agreement No. CA (February 16, 2011) Exhibit 17 General Plan Screening pre-submittal Analysis No. AD (July 20, 2011) Exhibit 18 Board Letter Regarding ZN (October 25, 2011) Exhibit 19 Letter from Patrick T. Loughman to Brian Baca (April 19, 2011) Exhibit 20 Letter from Brian R. Baca to Patrick T. Loughman (May 31, 2011) Exhibit 21 Memo from Rudy Martel to Dennis Hawkins (October 12, 2011) Exhibit 22 Important Farmlands Inventory Map (1984 and 2010) FIGURES Figure 1 General Plan and Zoning Designations Figure 2 General Plan Designation Map for Figure 3 Zoning Designation Map for Figure 4 July 2007 Photo of Hagle Lumber Property from the Southwest

23 Planning Commission Staff Report for AP and AP Planning Commission Hearing on October 24, 2013 Page 23 of 23 Figure 5 NCZO Zoning Matrix Excerpt (Commercial and Industrial Zones) Figure 6 NCZO Zoning Matrix Excerpt (Open Space, Agricultural, Residential and Special Purpose Zones) Figure 7 NAICS Discussion Figure Soil Survey

24 V.0 X11 O 1.1x.b.r.am. PP......E County of Ventura Planning Commission Hearing AP & AP Exhibit 2 Aerial Location and Assessor's Parcel Information

25 a la Hearing AP & AP Exhibit 3 Aerial Location, General Plan and Zoning Designations, and Land Use Maps

26 o % li '4'D,11 4E 0 CALI FO RNIA s W 5; t, 2 p ' N,'.,q co 'f,_ timn.2) q N, ir '''. J n COUNTY OF V ENTURA r a 1, ',r, c,w NO;.",c7 1 NAM 'O ;, rts k h C Y,;( y tt k. 5 it 5`0 r tae, 3 7.; ' 4 tt ; $ County of Ventura Planning Commission Hearing AP & AP Exhibit 4 Parcel Map 3010 (28 PM 86)

27 Ralph Hagle P.O. Box 120 Somis, CA (805) January 12, 1983 County of Ventura Planning TireCtor Dear Sir: This letter is to request that my property in SOmis be from the proposed forty acre minimum size requirement. The subject Property is forty-two and one half acres, Assessors Parcel No , The Parcel.Map number is 30100; Parce1C, It is bounded an the west by the Ojai'-Tapo pocking hbuse,'on the north by the main line of the. Southern Pocitle Foilrood, e the south. by CaLleguas Creek, and on the east by open land. There are eight and a half acres in- the Calleguas Creek Channel that are unusable- for any purpose. There are approximately five acres adjacent to the railroad and. served by a spur track thottos been used for various industrial uses for many years and is not suitable to farm. This leaves twenty-nine acres of the forty-two and a half acres for farming. It Is my intention to use the five acres of industrial land for future expansion of my butipess-which now is'an Southern Pacific Railroad property immediately'adjatentto the'fiveacres., If we:are forcedantoo forty- acre Minim 'cl9(41:a4ture oily designation, 'it would Orohibitus from doing"thi In view, of the. 81ze_onalocation. ono,p4s.t that it be removed from any consideration of- the prperty, I ask or forty acre minimum size, Sincerely, 7 /4( Ralph Nagle County of Ventura Planning Commission Hearing AP & AP Exhibit 5 Letter from Ralph Hagle to Planning Director (January 12, 1983)

28 CD 4 a) o fh O O a. a) 0 CU O 12 %- 0 E o. 4 o 65 0 C N et) CD 0 (0 O %- Z 0 a. O. O. 4 >I In 0.) CD C71. ri 0 03 a. E z u o 4 CD U CD.-, 0 0 f/3 1- E cr) CD County of Ventura Planning Commission Hearing AP & AP Exhibit 6- Chronological Series of Aerial Photographs ( )

29 Ventura County Resource Management Agency Inlormalion Systems Data Printed:10/ RMAgIS AP & AP HAGLE LUMBER COMPANY OBLIQUE IMAGES MAP APN Disclaimer, this map was created by the Ventura County Resource Management Agency, Mapping Services OM, which is designed and operated solely for the convenience of the County and related ublic agencies, The County does not warrant the accuracy of this pap and no declaim, involving a risk of economic loss or physical Intu. County of Ventura Planning Commission Hearing AP & AP Exhibit 7 Oblique Imagery from the South and East

30 TF-iriWI F. FIG CT, ConsLitiqg a;,11,31,z.3ticri s;30, 00lolit,y em vi,-.1c1 Mat ;3gO litilli July 31, 2009 County of Ventura Resource Management Agency Planning Division Attn: Nicole Doner 800 South Victoria Avenue Ventura, CA SUBJECT: HAGLE LUMBER COMPANY 3100 Somis Road, Somis CA ACITION: REQUEST FOR EQUIVALENCY DETERMINATION Section of the County's Non-Coastal Zoning Ordinance On behalf of my client, Ralph Nagle, I want to thank you and County staff for your time and assistance as we educate ourselves on the assorted land use issues that have come to our attention. As you know, the revelation of these matters came as a result of Mr. Nagle making application for what we thought would be simple a building addition. Little did we know that it would lead us to a much more complicated and costly undertaking. That said, we are committed to clearing the record of any alleged permit violations. In summary, we understand that there are three principle issues at hand. Non-Conforming Use. First, it is claimed that the northerly 1.96-acre portion of the area covered by Development Plan (DP 244-1) was rezoned from M-2 to AE-40 on November 27, By virtue of this change, it is further claimed that the use of acre are as a lumber storage yard became non-conforming and invoked a three-year termination provision under Section of the County's Non-Coastal Zoning Ordinance. In theory, use of the subject property was to terminate on November 27, Furthermore, by operation of Section , we've been advised that the remaining area of DP cannot be intensified as a result of the adjoining nonconforming use. Unpermitted Use. Second, it appears that lumber storage has encroached beyond the boundaries covered by Development Plan (DP 244-1). Such encroachment is not covered by permit and, more significantly, is claimed not to be an allowed use under current AE-40 zoning. Several alternatives have been suggested including amending the County Code to allow such use within the AE-40 Zone, seeking a land use change through the SOAR initiative process, or eliminating the encroachment altogether. Should the use be allowed to remain, it is understood that various permits and environmental measures would apply; in particular, stormwater quality management. 204 Willowbrook Drive, P.O. Box 1226, Port Hueneme, CA 93041, (805) , E County of Ventura Planning Commission Hearing AP & AP Exhibit 8 Equivalency Determination Request from Tom Figg (July 31, 2009)

31 HAGLE LUMBER CO July 31, 2009 Page 2 Property Boundary (42.23 Acres) DP Permit Area (4.86 Acres) 1984 AE-40 Rezoning (1.96 Acres) Lumber Storage Outside of Permit Area (9.78 Acres) I I Area of Active Tree Farming (19.00 Acres) Floodway Limit (Approximate Boundary) Flood Zone Z (2% Flood) (Approximate Boundary) NOTE: Acreages are approximated based on Assessor Parcel Map data, aerial photographs and permit plans of record, Creek Encroachment. Finally, a comparison of recent aerial photographs indicates that a small area fronting the lumber storage yard, within the floodway of Arroyo Las Posas, has been altered in some fashion. In particular, it appears that vegetation materials have been removed and some possible grading has occurred. We are presently investigating this situation in cooperation with County Watershed Protection staff along with the California Department of Fish and Game ("CDFG"). Pending a final determination of the extent of encroachment into this jurisdictional redline channel, Mr. Nagle fully intends to restore the alternation to its original condition. The geographic context of these matters is depicted in Figure 1 above. In regard to the issue of Non-Conforming Use, our research suggests a slightly different set of circumstances than those which are outlined in your Incompleteness Letter of June 10, The rezoning that occurred in November 1984 actually preceded the issuance of DP which was approved three months later on February 11, This means that Mr. Nagle was granted land use authority for his lumber storage operations on property that had already been rezoned AE-40. In short, it was not the rezoning of November 1984 that created a non-conforming situation. It is instructive to note that Mr. Nagle was not given notice of the 1984 rezoning, and consequently, made application with what he understood the current zoning to be at the time; that is, M Willowbrook Drive, P O. Box 1226, Port Hueneme, CA 93041, (805) , trigg@roadrunner.com

32 HAGLE LUMBER CO. July 31, 2009 Page 3 In regard to the matter of Unpermitted Use, Mr. Hagle does not dispute that his lumber storage operations encroach beyond the boundaries of DP 244, as amended. In fact, the surface storage expansion was necessitated by Mr. Hagle's promotion of "green" construction and LEED requirements that lumber products be separated. Unfortunately, this expansion was done with the mistaken understanding that surface storage was an allowed use of his property. In fact, the County's own online "What's My Zoning" webpage gives the impression that the entire acre property (highlighted in yellow) is zoned M-2 10,000 (Figure 2 below). This unfortunate circumstance was further exacerbated by the failure to receive notice of the County's rezoning in 1984, which could have altered Mr. Hagle to the underlying AE-40 zoning Fth -1 ac / k1010 R2-7,000 sq ft filtztli7)8 RE-5 ac C ' O./ q )18021 AE-40 ac de I I the L. Jed; u r, r3: Finally, in regard to the Creek Encroachment, we await the results of additional field reconnaissance before charting a specific course of action. Contact has been made with Mr. Jeff Humble of the CDFG and a site visit is now scheduled for Thursday, August 6, As previously stated, Mr. Nagle will do whatever is reasonable and necessary to restore significant habitat (if indeed, any has been lost) or rectify any conditions that impair hydrology of the creek. It's worth noting that Mr. Hagle has previously allowed the County to periodically deposit sediment along the banks of the creek located on his property. Hopefully, the County will see this as testament to Mr. Hagle's willingness to cooperate. 204 Willowbrook Drive, P.O. Box 1226, Port Hueneme, CA 93041, (805) , tfigg@roadrunner.com

33 HAGLE LUMBER CO. July 31, 2009 Page 4 In view of these circumstances, we ask that you consider the following: Non-Conforminq Use. Under the provisions of Section of the County's Non-Coastal Zoning Ordinance, non-conforming uses may be extended beyond the three-year amortization period by determination of the Planning Director that Special Circumstances exist and the continuation will be Compatible with Public Welfare. As previously noted, the conditions that give rise to the nonconformity is result of the County's own actions; that is, the County granted a use permit (DP 244-1) after the property had been rezoned to AE-40. It is further noted that the County's approval of DP effectively reduced the remaining portion of the AE zoned parcel below the County's 40-acre minimum lot size requirement. This action, and Mr. Hagle's good faith reliance thereon, clearly meets the test of Special Circumstances. Furthermore, the approval of DP is accompanied with a variety of conditions to protect public welfare. These conditions, and the County's approval, evidences that the continuation will be Compatible with Public Welfare. While Section provides a vehicle for staying the County's termination of use in regard to the northerly 1.96-acre portion of DP 244-1, it does not, however, resolve the problems presented by Section Specifically, even if a favorable ruling under Section was issued, it would still limit Mr. Hagle's continued use of the balance of DP The modest office addition of 4,370 square feet that Mr. Nagle has applied for (and the very action that has lead to where we now find ourselves) would be prohibited by operation of Section In view of this circumstance, we believe that the solution lies in the determination of equivalent use as described in the paragraph that follows. Request for Equivalency Determination. Under the provisions of Section , the Planning Director may determine equivalent uses when a particular use is not otherwise listed in the County's Non-Coastal Zoning Ordinance. In the instance of Mr. Nagle, lumber yard storage is not listed as a subcategory under "Lumber and Wood Products and Processes." Rather, the uses that are listed (as they appear on page 57 of the Code) all have a manufacturing component associated with them; Mr. Hagle's lumber yard, on the other hand, is dedicated exclusively to short term storage. It is also instructive to note that firewood operations (as a commercial venture) is an allowed use in both the M-2 and AE zones within the "family" of Lumber and Wood Products and Processes. Mr. Hagle's operation, on the other hand, does not involve retail sales. Given these peculiarities and the special circumstances described in the previous paragraph, we respectively request that "timber products storage" be given comparable treatment to firewood operations as a conditional use within the AE zone. The proposed limitation of timber products storage to the AE zone, as opposed to all three zones where firewood operations are now allowed, coincides with the County's previous granting of DP within the AE zone. Please accept this letter as a' formal request for "Equivalency Determination," along with the filing fee of $500. The table below summarizes the parameters of our request; in particular, the establishment of standards that govern the determination of equivalent use. We have suggested basic conditions that result from initial dialogue with the Agricultural Commissioner's office and we welcome the opportunity to refine these parameters in further consultation with your office as well as the Agricultural Commissioner. 204 Willowbrook Drive, P.O. Box 1226, Port Hueneme, CA 93041, (805) , ttigg@roadrunner.com

34 HAGLE LUMBER CO July 31, 2009 Page 5 EQUIVALENCY DETERMINATION OS AE RA RE RO R1 R2 RPD TP LUMBER AND WOOD PRODUCTS AND PROCESSES Firewood Operations (3, 12) 0 El 0 Timber Products Storage Definition (Timber Product Storage): The placement or keeping, in an area not fully enclosed by the walls of a building, of raw wood materials and finished lumber goods held for short duration pending processing and shipment to final destinations, irrespective of where such wood is grown but where sales, manufacturing and processing activities are specifically excluded. Equivalent Use Standards: 1. Use Limitations. The storage of timber products in the AE zone shall only be allowed in connection with lawfully permitted lumber processing operations performed on contiguous non-agriculturally zoned land (e.g., M-2), subject to the following limitations: a. The timber products may be stored within covered structures provided that the lot coverage of such structures does not collectively exceed 10% of the area of the legal lot that is zoned AE and used for timber product storage. b. The timber products shall not be stored above the height prescribed for accessory structures within the AE zone. c. The area of land devoted to timber products storage shall not exceed the lesser of 19 acres or 49% of the area of the legal lot that is zoned AE. d. No fabrication or manufacturing activities of any kind shall be allowed in connection with timber products storage on the legal lot that is zoned AE. e. The timber product storage shall be subject to site plan review and may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone pursuant to Section b. 2. Termination of Use. The storage of timber products on the property shall immediately cease upon occurrence of any or all of the following: (i) termination of the lawfully permitted lumber processing operations to which timber products storage pertains; or (ii) violation of the terms or conditions of the Conditional Use Permit issued in connection with such storage. Within 90 days of revocation, expiration or surrender of the Conditional Use Permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner and approved by the Planning Director. 204 Willowbrook Drive, P.O. Box 1226, Port Hueneme, CA 93041, (805) tfigg@roadrunner.com

35 HAGLE LUMBER CO July 31, 2009 Page 6 In closing, we offer our assessment and suggestions in the spirit of cooperation, recognizing the extenuating circumstances that exist. We further recognize that a favorable determination of equivalent use does not dismiss Mr. Hagle's obligation to obtain a Conditional Use Permit for that portion of his property that is zoned AE-40 and currently used for timber storage. Nor does it dismiss his obligation to abide by directives of the County and CDFG as to any creek restoration that may be deemed necessary. Mr. Hagle remains committed to resolving these matters and looks forward to the County's continued cooperation toward that end. Sincerely, THOMAS E. FIGG Consulting Services enc: Filing Fee ($500) Request for Equivalency Determination cc: Chris Stephens, Director of Resource Management Agency Rita Graham, Office of the County Agricultural Commissioner Ralph Hagle, Hagle Lumber Company Patrick T. Loughman, Lowthrop, Richards, McMillian, Miller & Templeman 204 Willowbrook Drive, P.O. Box 1228, Port Hueneme, CA 93041, (805) , tfigg@roadrunner.com

36 August 13, 2009 County of Ventura Resource Management Agency Planning Division Attn: Nicole Doner 800 South Victoria Avenue Ventura, CA SUBJECT: HAGLE LUMBER COMPANY 3100 Somis Road, Somis CA ACITION: REQUEST FOR EQUIVALENCY DETERMINATION Section of the County's Non-Coastal Zoning Ordinance As a follow-up to my letter of July 31, 2009, we ask that you give further consideration to the rationale in support of an Equivalency Determination for Timber Products Storage. First, it is instructive to note that the term "Lumber Yard" is not defined in the County's Zoning Ordinance, nor for that matter, is it listed under the broader category of "Lumber and Wood Products and Processes." On the other hand, Lumber Yard is recognized as a wholly independent use under the category of "Retail Trade." As you know, Mr. Hagle's lumber business is exclusively wholesale in nature. This simply underscores our belief that "Timber Products Storage" should be recognized as a distinctly separate use. On the matter of form, we understand that our suggested "Equivalency Use Standards" do not normally accompany an Equivalency Determination. However, we did so in furtherance of agricultural protections where none currently exist (as in the specific instance of Firewood Operations). Insofar as Timber Products Storage would be subject to Conditional Use Permit, Section of the County's Non-Coastal Zoning Ordinance requires certain findings be made specifically in regard to agricultural compatibility. In that vein, we would suggest that the "Equivalency Use Standards" be adopted as administrative policy and used as the basis for making the required CUP findings. We understand that the New Case Review Committee will be considering this request next Monday. As it does so, we hope that the County recognizes the extenuating circumstances that give rise to this request and our goal to resolve the situation in the most time and cost effective manner possible. To reiterate our previous letter, we welcome the opportunity to refine our request in further consultation with your office as well as the Agricultural Commissioner. That would certainly be preferable to a hard fast decision that might leave the issue wholly unresolved. 204 Willowbrook Drive, P.O. Box 1226, Port Hueneme, CA 93041, (805) , tfigg@roadrunnercom County of Ventura Planning Commission Hearing AP & AP Exhibit 9 Supplemental Equivalency Determination Request from Tom Figg (August 13, 2009)

37 HAGLE LUMBER CO August 13, 2009 Page 2 Again, thank you for assistance Sincerely, THOMAS E. FIGG Consulting Services cc: Chris Stephens, Director of Resource Management Agency Rita Graham, Office of the County Agricultural Commissioner Ralph Hagle, Hagle Lumber Company Patrick T. Loughman, Lowthrop, Richards, McMillian, Miller & Templeman 204 Willowbrook Drive, P.O. Box 1226, Port Hueneme, CA 93041, (805) , tfigg@roadrunner.com

38 HAGLE LUMBER COMPANY Equivalency Determination and Notice of Violation Appeal Supplement TIMBER AS AN AGRICULTURAL COMMODITY Non-Coastal Zoning Ordinance Sec Exception - Agricultural Operations Protection "b. Definition - For purposes of this section, the term "agricultural activity, operation, or facility" shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, irrigation, frost protection, cultivation, growing, pest and disease management, harvesting and field processing of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or market, or delivery to carriers for transportation to market." Sec Tree Protection Regulations Sec Definitions "Commercial Agriculture - A for-profit farming enterprise consisting of tree and crop production for feed, food, fiber, fuel, shelter, and ornament, and including floriculture, horticulture, aquaculture, or animal husbandry established and conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the County. Timber Growing and Harvesting - An activity which may or may not be part of an agricultural operation which involves the cutting of trees for forest product or firewood purposes. Such trees can be planted or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but excluding nursery stock." Ventura County Agricultural Commissioner Annual Crop Reports TIMBER PRODUCTION AND VALUES CROP YEAR SVALTJE 2004 S ,000 n. per,snt arrt. Timber harvested for lumber Equivalency Determination and Notice of Violation Appeal Supplement Hagle Lumber Company Page I

39 TIMBER PRODUCTION AND VALUES CROP YEAR S\- ALOE 2o S California Department of Food and Agriculture California Agricultural Resource Directory 2009 California Timber Industry California has more forestland than any state, except Alaska. Nearly two billion board feet (equivalent to 132,000 homes) of commercial lumber are produced from California's private and public timberlands each year, making the Golden State the third largest producer of wood products in the nation. California's abundant forests could provide nearly 100 percent of the state's demand for wood. County Agricultural Commissioners' Reports Copies of individual county agricultural commissioners' reports maybe requested or obtained directly from each county agricultural commissioner's office. For your convenience, a listing is included in the phone directory section of this publication. Many of the counties also publish these reports on their Web sites. USDA's National Agricultural Statistics Service, California Field Office publications are available freeof-charge at go v flatbed Rat* C;citalv Usher Volume California's Leading Timber Counties, Af Roo 8d. Ft Total Agricultural Value (Including limber] VAX -1111bel' 4.i0? vax Timber Ps f reioge ul row Atiriolitural Value Paco 1 urrbold 206,AO Sisklyoe ,848 3 Shall ,040 4 Alendtchto ,854 5 Plums 1,521 40,170 limber ruto-es and ffmbsrusits Min taro Yr 2areBoard vrcytuaiarrorr Firrinr Far MAI?, ,344 43,043 43,648 28, , CaiifornM Rgr;cuitu rad Resource Directory r9 33 Equivalency Determination and Notice of Violation [Eagle Lumber Company Appeal Supplement Page 2

40 ' TIMBER PRODUCT STORAGE AS AN ALLOWED USE Non-Coastal Zoning Ordinance Sec Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones AGRICULTURE AND AGRICULTURAL :OPERATIONS Animal Husbandry Domestic Animals Per Art, 7 2-1, -re ailimais Thar,ire permitted )y Art 7,3 i9; OS AE RA RE RO R1 R2 RPD TP o. Reduced Animas Setbacks Per Table 2 A A A (Sec ) 06) Apiculture (2 /5) A A A AtipacuitureAquIculture (1) E Insectaries for Pest Contra! (3, 6. 15) 5r..-0 incie n -,,t,-. ;_res Retated -,g,.:-, b,:-.-_, \form icdlture (115) _ 4: to -5 NC sq. ft. of span beds ove'- 5 Q00 5 ft of open beds 'v' id Animals, Not Inherently Dangerous ' l iii (9) Inherently Dangerous Anim als f 161 Agricultural Contractors' Service And Storage Yards And Buildings (15, 19) 'Crop and Orchard Production (6,12) Packmcf Storage. Or Preliminary Processng Involynd No Structures : 2,,Y,,,.. ". a rat _.r.:_ Timber Growing And Harvesting, And Compatible Uses 0 0 A Z El E E E E protected ',roes Purslom to /-, -Ucies 7 and 9 other tre.es E E E E E A TIMBER PRODUCT STORAGE EQUIVALENCY DETERMINATION Non-Coastal Zoning Ordinance Sec Equivalent Uses Not Listed "Where a proposed land use is not identified in this Article, the Planning Director shall review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in this Article, if any, is equivalent to that proposed." Equivalency Determination and Notice of Violation Appeal Supplement Hagle Lumber Company Page 3

41 NOTE: The Planning Director is not limited to the specific request; rather, the Director's obligation is to identify which use (if any) is comparable to the use proposed. Instead, the Director limited its ruling to "firewood operations" and improperly determined that such use is not comparable to "timber product storage." As part of the Appellant's Equivalency Determination request, it was expressly noted: "...we offer our assessment and suggestions in the spirit of cooperation, recognizing the extenuating circumstances that exist...mr. Hagle remains committed to resolving these matters and looks forward to the County's continued cooperation toward that end." NEGOTIATED RESOLUTION Non-Coastal Zoning Ordinance Sec Administrative Process "Before any enforcement action is instituted pursuant to this Chapter, the person alleged to be responsible for a confirmed violation of regulations of this Chapter or conditions of a permit issued pursuant to this Chapter, may be given an opportunity to resolve the complaint through an administrative process. This process involves an informal office hearing to attempt to negotiate a solution to the violations and/or a compliance agreement and payment of office hearing fees and Compliance Agreement fees as set forth by the schedule of fees and charges adopted by the Board of Supervisors." NOTE: The Appellant has repeatedly requested assistance in crafting various means of addressing the issues raised by County staff (e.g., development standards, use of conservation easements, etc.). Staff has been reluctant to engage itself in such discussions absent submittal of a formal application to commence such a process. It is hoped that appeal of the Equivalency Determination and Notice of Violation, by operation of Section , will help move towards a resolution of these issues. Specifically, the Appellant wishes to avoid unnecessary time and expense that could otherwise occur through an uncertain process (i.e., environmental reviews, special studies, etc.) absent a negotiated settlement. Equivalency Determination.and Notice of Violation Hagle Lumber Company Appeal Supplement Page 4

42 RESOURCE MANAGEMENT AGENCY county of ventura Planning Division Kimberly L. Rodriguez Director February 9, 2010 Mr. Tom Figg, Consultant 204 Willowbrook Drive Port Hueneme, CA Subject: Request for an Equivalency Determination for Hagle Lumber Company; Related Development Plan Case No. DP 244-2, Minor Modification Case No. LU , and Permit Violation Case No. PV ; Located at 3100 Somis Road, Somis; Assessor's Parcel Numbers ("APN 79") and , -845 and -850 Dear Mr. Figg: Thank you for your letters dated July 31, 2009, and August 13, 2009, requesting an Equivalency Determination, and our follow-up meeting on September 3, 2009, regarding the expansion of the Hagle Lumber facility. Your explanation of your position allowed us to better understand the history and the current status of the property. Unfortunately, as discussed in detail below, the Planning Director has denied your Equivalency Determination and Mr. Nagle will need to abate Permit Violation Case No. PV Equivalency Determination In order to abate (in part) Permit Violation Case No. PV , you have requested the Planning Director to make a determination that the storage of lumber and timber products occurring within the AE-40 ac (Agricultural Exclusive, 40 acre minimum lot size) zoned 11-acre portion of APN 79 is equivalent use to a "Firewood Operation." Pursuant to the VCNCZO ( ), the Planning Director has the authority to make a determination as to whether or not a particular land use is allowed within a particular zone district, based on the proposed land use's similarity to other uses that are allowed within the zone district. The VCNCZO specifically states: Where a proposed land use is not identified in this Article, the Planning Director shall review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in this Article, if any, is equivalent to that proposed unlisted use. ( and ) 800 South Victoria Avenue, L# 1740, Ventura, CA (805) Printed on Recycled Paper County of Ventura Planning Commission Hearing AP & AP Exhibit 10 Equivalency Determination Letter from Dan Klemann to Tom Figg (February 9, 2010)

43 Mr. Figg, Consultant February 9, 2010 Page 2 of 7 As you are aware, there are two zoning designations on APN 79 an AE-40 ac zoning designation on an approximately 39-acre portion of the lot, and a "M2" (Limited Industrial) zoning designation on a 3.25 portion of the lot. The Planning Director reviewed your request and found that the unpermitted expansion of lumber and timber products storage occurring within the AE-40 ac zoned 11-acre portion of APN 79 is not an equivalent use to a "Firewood Operation," which is a conditionally permitted use on both Industrial- and Agricultural-designated lands. The rationale for this decision is as follows: You contend that the Hagle Lumber facility should not be categorized as "Retail Operations Lumber Yard," since the Hagle Lumber facility is exclusively wholesale in nature and would be more appropriately defined as a timber products storage operation that is equivalent to "Firewood Operations." The VCNCZO ( ), defines a "firewood operation" as "[a]ny commercial operation involving the cutting, sawing, or chopping of wood in any form for the use as firewood on property other than that on which the operation is located, irrespective of where such wood is grown." Moreover, a firewood operation is a principal use not an accessory use. The VCNCZO ( ) defines a "principal use" as "[t]he primary or main use on a lot to which other uses and structures are accessory..." The VCNCZO ( ) also defines an "accessory use" as "[a] use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same lot." A firewood operation involves the processing of firewood to be used on property other than that on which the operation is located, and wood from which firewood is processed might not be grown on the property on which a firewood operation may exist. As such, a firewood operation is not accessory to another use, but rather is a stand-alone, principal use of property. In contrast, Mr. Hagle's lumber storage on the AE-40 ac zoned 11-acre portion of APN 79 is operated and managed in concert with the existing lumber yard facility and sales office located on the permitted M2/AE-40 ac zoned 4.86-acre portion of APN 79 and M2 zoned APN The lumber storage is customarily incidental and subordinate to the principal use of processing wood at the Hagle Lumber facility. As such, the lumber storage is an accessory use to the principal use of the Hagle Lumber facility that is, a "Wholesale Lumber Operation," as described in DP 244-1, which is allowed under the use category of "Retail Operations Lumber Yard" in the M2 zone. Since the lumber storage use is not a principal use, lumber storage or timber storage is not equivalent to the firewood operation use.

44 Mr. Figg, Consultant February 9, 2010 Page 3 of 7 In your July 31, 2009, letter to Nicole Doner, case planner ("your letter"), you state that the lumber storage yard use is not specifically listed as a subcategory under "Lumber and Wood Products and Processes" of the primary category of "Manufacturing Industries" in the VCNCZO, Article 5, and, therefore, is not otherwise listed in Article 5 ( and ). However, a lumber yard is specifically listed in Article 5 as allowed under the use category of "Retail Operations Lumber Yard" in the "CPD" (Commercial Planned Development) and M2 zone districts by the means of a Planned Development Permit. Furthermore, Mr. Hagle's lumber yard storage does not include manufacturing processes such as cabinet work, firewood operations, plywood manufacturing, wood preserving, or sawmills and planing mills, and cannot be considered equivalent to any use listed under "Lumber and Wood Products and Processes." Your letter also refers to the lumber yard storage use as "timber products storage." This term is not listed in Article 5 or defined in Article 2 of the VCNCZO. To establish this term as a use, provide standards that govern the specific use, or establish standards that govern the determination of an equivalent use, the VCNCZO would need to be amended. This would require approval of a Zone Text Amendment by the Board of Supervisors. In your letter, you state that the expansion of the lumber yard storage operations beyond the DP boundaries of APN 79 and within the AE-40 ac zone was necessitated by promoting "green" construction standards and Leadership in Energy and Environmental Design ("LEED") requirements that involve lumber products to be separated. In addition, you stated in the same letter that the property owner had mistakenly understood that lumber storage was allowed on his entire property as he was uninformed of the 1984 rezoning of the 39-acre portion of APN 79 from "RE-1 ac" (Rural Exclusive, one acre minimum lot size) to AE-40 ac. However, it appears that Mr. Hagle was aware of the impending rezoning based on his written request to the County Planning Director, dated January 12, 1983, for an exclusion from the proposed AE-40 ac zoning designation. (See Attachment A - Exhibit 86.) Furthermore, Mr. Hagle filed applications for a variance (Case No. V-4227) and a tentative parcel map (Case No. PM-3981) on April 16, 1984, to allow his property to be divided in accordance with the existing Ventura County General Plan land use designations of "Rural Community" (one acre minimum) and "Agricultural" (40 acre minimum). The purpose of the variance request was to allow the creation of an approximately 37-acre lot, which did not satisfy the 40-acre minimum lot size requirement of the Agricultural land use designation, and create a five-acre lot within the Rural Community designation where the lumber yard operation could be expanded. Both project applications were closed on April 21, 1986, due to inactivity.

45 Mr. Figg, Consultant February 9, 2010 Page 4 of 7 Therefore, for the reasons discussed above, the Planning Director has denied your Equivalency Determination. You may appeal the Planning Director's decision to deny your Equivalency Determination, provided that you submit an Appeal application, the requisite fee, and a Reimbursement Agreement with the Planning Division by no later than February 19, Options to Abate Permit Violation Case No. PV Your options for abating the unpermitted lumber storage uses (Permit Violation Case No are as follows: Option No. 1: Relocate the unpermitted expansion of the lumber yard storage operation from the AE-40 ac zoned 1'1-acre portion of APN 79 to the M2 and AE- 40 ac zoned 4.86-acre portion of APN 79 that was approved under DP 244-1, as confirmed to the satisfaction of the Condition Compliance Officer. If you propose to revise the permit boundary to add or remove property, please make sure to reflect this change in the project description, application questionnaire, and site plan. Furthermore, the M2 property (APN portion owned by So. Pacific Transportation Co. and APN portion owned by the Joseph and Corinne Burdullis Trust) that is within the existing permit boundary, but is no longer owned or leased by Mr. Hagle or the Hagle Lumber Company, will require documentation of the current property owner's authorization to relinquish that property from the DP permit boundary. Option No. 2: File a request for a Zone Text Amendment to amend the VCNCZO to allow a lumber yard in the AE-40 ac zone. The Zone Text Amendment would require revisions to the VNCZO Articles: 2 (Definitions), to define the lumber/timber storage use; 5 (Uses and Structures by Zone), to provide for the use with the approval of a land use entitlement; 7 (Standards for Specific Uses), to establish standards for the use in order so that it is compatible with the goals and objectives of the AE-40 ac zone; and, 9 (Standards for Specific Zones), to add site design guidelines. Since the Zone Text Amendment would affect all property with an AE-40 ac zoning designation, you should consult the County's Agricultural Commissioner's Office to determine if such a Zone Text Amendment would be consistent with the goals and objectives of the AE-40 ac zone. Option No. 3: File an application for a: General Plan Amendment ("GPA") to change the land use designation of the portion of the property that has an "Agricultural" land use designation, to a land use designation that would allow lumber yards (e.g., an "Urban"); and, Zone Change ("ZC") to change the zoning designation of the portion of the property from AE-40 ac to M2. Pursuant to the County's "Save Open-Space and Agricultural Resources" ("SOAR") Ordinance (Ventura County General Plan Goals, Policies and Programs, 2008, 6-8) you would need to obtain voter approval of the GPA and ZC requests.

46 Mr. Figg, Consultant February 9, 2010 Page 5 of 7 For more information on SOAR, please see: Farmland Resources Each of the options stated above would require environmental review pursuant to the requirements of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, et seq.) and Ventura County Initial Study Assessment Guidelines ("VCISAG;" October 15, 2008) including an analysis of the project's potential impacts to agricultural soils. The Ventura County GIS October 2002 and December 2009 aerial imagery of the subject property and the California Department of Conservation Important Farmland Inventory ("IFI") GIS Database for 2002 and 2008 (Attachment B Aerial Imagery of October 2002, and Attachment C - Aerial Imagery of December 2009), show that approximately 7.5 acres of APN 79 property that is designated as Agricultural has been paved with an impervious surface for the lumber storage operation between 2002 and The result is a loss of approximately four acres of Prime Farmland and 3.5 acres Farmland of Statewide Importance on the IFI. Pursuant to the VCISAG (Chapter 7.a), the cumulative loss of 7.5 acres of classified farmland soils is considered to be a significant impact and an Environmental Impact Report would be required. If you pursue Option No. 1, it is unclear whether the removal of the lumber storage yard (including, but not limited to, the removal of the impervious surfaces) would restore the 7.5 acres of agricultural soils such that they would continue to exhibit the characteristics that qualify them as Prime Farmland and Farmland of Statewide Importance. However, either Option No. 2 or Option No. 3 clearly would result in the permanent conversion of the 7.5 acres of agricultural soils, thereby resulting in a potentially significant impact and warranting the preparation of an Environmental Impact Report. Moreover, the Ventura County General Plan Goals, Policies and Programs Farmland Resources Policy states that discretionary development on land designated as agriculture and identified as Prime Farmland or Farmland of Statewide Importance on the IFI, shall be planned and designated to remove as little land as possible from potential agricultural production and to minimize impacts on topsoil. It is unclear whether Option No. 2 or Option No. 3 would be consistent with Farmland Resources Policy Either Option No. 2 or Option No. 3 could potentially allow the existing lumber storage yard operation to continue to exist; however, the lumber storage yard operation, as currently designed and operated, limits the operation to a more industrial use that is inconsistent with the purpose and intent of the Agricultural land use and zoning designations, which are designed to: Preserve and protect agricultural lands as a nonrenewable resource; Ensure that urban development is restricted to existing developed areas; and,

47 Mr. Figg, Consultant February 9, 2010 Page 6 of 7 ;1=' Not result in the establishment of commercial/industrial uses which are not related to agriculture or the production of mineral resources. Indeed, the VCNCZO states: The purpose of [the Agricultural Exclusive] zone is to preserve and protect commercial agricultural land as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in Ventura County and to protect these areas from the encroachment of non-related uses which, by their nature, would have detrimental effects upon the agriculture industry. ( ) Specifically, the Ventura County General Plan Goals, Policies and Programs Land Use Policy states: "Agriculture is to be used for production of food, fiber, and ornamentals, animal husbandry and care; uses accessory to agriculture, and limited temporary or public uses consistent with the agricultural uses." Therefore, the lumber yard storage expansion, as currently designed with a pavement or gravel surface, does not appear to be consistent with this policy as the use is unrelated to agriculture production and may compact or change the composition of farmland soils. Prior to selecting which of the three options you are going to pursue in order to abate Permit Violation Case No. PV , I encourage you to consider the potential environmental impacts and policy inconsistencies of each Option, as they relate to farmland resources. Archaeological Resources Upon further review of the case files for the land use entitlements and subdivisions of the subject property, it appears that an archaeological site exists on the project site [Parcel Map No (28 PM 87)]. Regardless of the option you pursue in order to abate Permit Violation Case No , additional research will be required to determine what additional archaeological surveys (if any) will be required in order to determine what archaeological resources exist on-site, and what mitigation measures are available to avoid, or lessen the significance of, impacts to archaeological resources. Zone Change 2728 ("Z-2728") and DP 244 Modification No. 1 Approval As you are aware, the subject property within the DP permit boundary (portion of APN 79) is split zoned and split designated M2/Existing Community and AE-40 ac/agricultural. As previously mentioned in the June 10, 2009, incompleteness letter, this occurred as a result of the rezoning of approximately 39 acres of the property to AE-40 ac on November 27, 1984 (Zone Change "Z-2728"), thereby leaving a 3.25 acre portion of APN 79 property within the M2 zone. On June 22, 1984 (i.e., prior to the adoption of the 1984 rezoning), Mr. Hagle filed an application for DP 244 Modification No. 1, in order to expand the lumber storage yard over a 4.86 acre portion of APN 79.

48

49 Ralph Hagle P.O. Box 120 Somis, CA (805) January 12, 1983 County of Ventura Planning 'Director Dear Sir: This letter is to request that my property in SOmis be Juaeal from the proposed forty acre minimum size requirement, The subject property is forty-two and one half acres, Assessors Parcel No The Parcel Map number is 3010, Parcel C. It is bounded on the west by the Ojai`-Tapo packing house, on the north by the main line of the. Southern Paatfi.c railroad, on the south- by Calleguas Creek, and on the east by open land. There are eight and a half acres in the Calleguas Creek Channel that are unusable- for any purpose. There are approximately five acres adjacent to the railroad and served by a spur track that:has been used for various industrial uses for many years and is not suitable to farm. This leaves twenty-nine acres of the forty-two and a half acres for farming. It is my Intention to use the five acres of industrial land for future expansion of my bustness-which now is on Southern Pacific Railroad Property immediatelyaajocent to the five acres. If we-ate forced-into.a forty acre minimum agriculture only designation,lt would prohibit us from doing this. In view of_the Size:anai.locaion:and.,,Past:Oe of the property, I ask that it be removed from any considerat ion for forty atr0 minimum size. Sincerely, /4( Ralph Hagle EXHIBIT "86" Attachment A

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51

52 RESOURCE MANAGEMENT AGENCY county of ventura Planning Division Kimberly L. Rodriguez Director NOTICE OF VIOLATION (PERMIT) February 9, 2010 Please Reply to: Nicole Doner (805) FAX (805) nicole.donerventura.oro Tom Figg, Consultant 204 Willowbrook Drive Port Hueneme, CA Ralph G. Jr. and Mary Hagle Nagle Lumber Company 3100 Somis Road, Somis, CA SUBJECT: Violation Case No.: PV Assessors Parcel No.: (APN") , -795, -845 and -850 Permit No.: DP-244-2/Case No. LU Location: 3100 Somis Road, Somis, CA Dear Permittee and Property Owner. The Planning Division confirmed that a violation of the Ventura County Non-Coastal Zoning Ordinance ("VCNCZO;" 2009) and conditions of the subject permit Development Plan ("DP") 244 Modification No. 1 exist on the subject property. The DP approval is based and limited to the project description in the permit application and the permit conditions of approval approved with the project, which are held at the Resource Management Agency Planning Division. DP was originally granted on February 11, 1985 for a lumber storage yard operation located on a 325 acre portion of the site zoned "M2-10,000" (Limited Industrial, 10,000 square foot minimum lot size) and a 1.72 acre portion of the site zoned "AE-4Oac" (Agricultural Exclusive, 40 acre minimum lot size) located on APN ("APN 79"), APN , and on portions of APN and The violation involves the following activities, uses or structures and code sections or permit conditions: 800 South Victoria Avenue, L# 1740, Ventura, CA (805) Fax (805) Printed on Recycled Paper County of Ventura Planning Commission Hearing AP & AP Exhibit 11 Notice of Violation No. PV (February 9, 2010)

53 Notice of Violation Page 2 of 7 PV This is in violation of VCNCZO and/or General Prohibitions, (uses prohibited unless identified in use matrices), or (matrix of allowed uses) and condition(s) 1, 2, and 7; observed on August 6, 2009 by the Condition Compliance Officer. The pertinent condition from approved DP is as follows: Planning Division Condition No. 1: That the permit is granted for the land and project as shown on the plot plan(s) and elevations labeled Exhibit "A," except or unless indicated otherwise herein. Planning Division Condition No. 2: That the development is subject to all applicable regulations of the "M-2" (Limited Industrial) zone and all agencies of the State, Ventura County and any other governmental entities. Planning Division Condition No. 7: That all facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Planning Director. Abatement can be achieved by: Option No. 1: Relocate the unpermitted expansion of the lumber yard storage operation from the AE-40 ac zoned 11-acre portion of APN 79 to the M2 and AE- 40 ac split zoned 4.86-acre portion of APN 79 that was approved under DP 244-1, as confirmed to the satisfaction of the Condition Compliance Officer. If you propose to revise the permit boundary to add or remove property, please make sure to reflect this change in the Case No. LU project description, application questionnaire, and site plan. Furthermore, the M2 property (APN portion owned by Southern Pacific Transportation Co. and APN portion owned by the Joseph and Corinne Burdullis Trust) that is within the existing permit boundary, but is no longer owned or leased by Mr. Hagle or the Hagle Lumber Company, will require documentation of the current property owner's authorization to relinquish that property from the DP permit boundary. Option No. 2: File a request for a Zone Text Amendment to amend the VCNCZO to allow a lumber yard in the AE-40 ac zone. The Zone Text Amendment would require revisions to the VNCZO Articles: 2 (Definitions), to

54 Notice of Violation Page 3 of 7 PV define the lumber/timber storage use; 5 (Uses and Structures by Zone), to provide for the use with the approval of a land use entitlement; 7 (Standards for Specific Uses), to establish standards for the use in order so that it is compatible with the goals and objectives of the AE-40 ac zone; and, 9 (Standards for Specific Zones), to add site design guidelines. Since the Zone Text Amendment would affect all property with an AE-40 ac zoning designation, you should consult the County's Agricultural Commissioner's Office to determine if such a Zone Text Amendment would be consistent with the goals and objectives of the AE-40 ac zone. Option No. 3: File an application for a: General Plan Amendment ("GPA") to change the land use designation of the portion of the property that has an "Agricultural" land use designation, to a land use designation that would allow lumber yards (e.g., an "Urban"); and, Zone Change ("ZC") to change the zoning designation of the portion of the property from AE-40 ac to M2. Pursuant to the County's "Save Open-Space and Agricultural Resources" ("SOAR") Ordinance (Ventura County General Plan Goals, Policies and Programs, 2008, 6-8) you would need to obtain voter approval of the GPA and ZC requests. For more information on SOAR, please see: By March 30, 2010, relocate the unpermitted expansion of the lumber yard storage operation from the AE-40 ac zoned 11-acre portion of APN 79 to the M2 and AE-40 ac zoned 4.86-acre portion of APN 79 as confirmed to the satisfaction of the Condition Compliance Officer. If pursuing either Option 2 or 3, the above violation must be abated by April 15, 2010 by filing a General Plan Amendment Screening application to meet the spring filing deadline or by filing a Zone Text Amendment application. If you do not believe a violation exists and wish to appeal this determination and stay further enforcement actions, you must submit your appeal to the Planning Division by February 19, The current cost for an appeal is $2,000 deposit (with no billing limit), but if you win your appeal all of your appeal fees will be refunded. You must also fill out and submit an appeal application with the deposit fee. You may also request an Informal Office Hearing, the cost of which is currently a $500 deposit with staff costs billed at the current hourly charge rate. If you need additional time beyond the specified deadline to abate the violations, the Condition Compliance Officer can discuss the possibility of a Compliance Agreement. There will be a charge to prepare it, plus costs to administer the agreement through the abatement of the violation(s), and a surety deposit to ensure compliance with the terms of the agreement. This is an agreement between you and the County wherein you agree to

55 Notice of Violation Page 4 of 7 PV abate the violations in a specific and timely manner. The Condition Compliance Officer is available to answer any of your questions and to discuss these options with you. Now that a violation has been confirmed, the following enforcement actions will be instituted and remain in effect until the violations are abated to the Condition Compliance Officer's satisfaction: Each day counts as a new violation for purposes of fines, and penalties that may be assessed if Civil Administrative Penalties are imposed..no new Planning or Building permits will be issued on the subject site except to correct a violation. The full costs for staff time spent abating the violation will be charged to you and any subsequent owners of the property. This means that all time spent for meetings, site visits, telephone calls, correspondence, etc. that relate to this violation case will be charged to you. Since the violation is related to the property, unpaid bills will fall to subsequent property owners if you do not pay the bills. The minimum cost to confirm the abatement of a violation is currently $300, plus the accumulated costs for staff time spent to date seeking abatement of the violation. The current staff charge rate exceeds $150/hour. These costs often reach $1,000 and more when people do not diligently abate the violations. You will be formally billed on a monthly basis for the staff costs incurred and assessed 2% interest for unpaid bills compounded monthly. In other words, the costs for unpaid bills will be similar to credit card charges. A Late Filing Fee will be required in addition to the required fees for each permit necessary to legalize a non-permitted use and structure. Each Late Filing Fee shall be equal to the cost of each required permit, but shall not individually exceed $1, These fees will be refunded if the required application is submitted within 30 days and deemed "complete" within 90 days of the Notice of Violation. If the property is located in the Coastal Zone there is no 30-day "grace" period. A Late Filing Fee is always charged. Copies of the Notice of Violation will be sent to applicable Federal, State and local policing, licensing and taxing agencies alerting them to the conditions on your property. A new permit condition is hereby added automatically to the subject permit pursuant to Sec of the Non-Coastal Zoning Ordinance which requires the deposit of not less than $500 to cover staff costs for condition

56 Notice of Violation Page 5 of 7 PV compliance monitoring and abatement of violations by the County. Failure to submit the required deposit shall also constitute a violation of the permit. The condition reads as follows: The permittee shall,. pursuant to Sec , submit to the Planning Division within 60 days of the, issuance of a Notice of Violation a deposit of $ Said deposit covers the County's costs for periodic condition compliance review of the site pursuant to Sec and the abatement of confirmed violations. As the deposit is drawn down, the permittee shall restore it upon receiving notice to do so. Said deposit shall be maintained for the life of the permit. If the Condition Compliance Officer has not confirmed the violation(s) is abated by the above date, and you have not filed for an appeal by the date specified above, the following enforcement actions will be instituted and remain in effect until the violation is abated: A Notice of Noncompliance will be recorded on the property that gives record notice of the violation. This notice will not be removed until the violation(s) are corrected and all fees and charges are paid. These notices effectively stop the sale of the.property or securing re-financing of mortgages. The minimal charge for confirming abatement of the violations and removing this notice is currently $500, plus the accumulated costs for the staff time spent abating the violation. Late charges and interest will also be assessed and must be paid before the recorded notice is released. In the Non-Coastal Zone, Civil Administrative Penalties can be levied for each separate violation where violation(s) are not abated. The penalty can range up to $1,000 per violation and accrue on a daily basis. Thus, if there are several violations on a parcel, the owner could be liable for several thousand dollars in penalties each day. The penalties accrue daily until the Planning Director determines the violations have been corrected to his/her satisfaction. An Administrative Nuisance Abatement hearing may be set before an independent hearing officer. if the Hearing Officer finds that violations exist, he can order abatement of the violations, payment to the County for all the costs incurred in seeking abatement of the violations, payment of the hearing officer costs (currently exceeds $120/hour), payment of fines and penalties, among other orders. A tax lien can also be placed on the property if the costs are not paid in the required time. The rulings from the Hearing Officer usually result in costs and charges to violators of several thousands of dollars.

57 Notice of Violation Page 6 of 7 PV The forfeiture of penal sureties will be sought if such sureties are on deposit with the County. Criminal charges may be filed against you. If you are convicted of a misdemeanor violation, it would result in a criminal record, probation, fines, and Court penalties equal to 220% of total fines charged, e.g. a $100 fine becomes a $320 fine. As part of a criminal prosecution the County's attorneys may seek and the Court may place the property in "receivership". The Court-appointed receiver would be ordered to correct the violations and be allowed to sell the property to recover the costs of abating the violations if the property owner does not pay for the work and the receiver's costs, Any permit on the property such as a Conditional Use Permit (CUP) or Planned Development Permit (PD) can be modified or revoked by the Planning Commission. In cases where violations repeatedly occur and then are corrected, the Planning Staff may take the permit to the Planning Commission for modification, suspension or revocation at the permittee's expense Unpaid bills, fines and penalties will be pursued through Small Claims Court or as tax liens on the property. We want to work with you to avoid the consequences listed above. I urge you to immediately contact Nicole Doner, the Condition Compliance Officer for this case, at (805) so she can discuss with you how this issue can be resolved. If you wish to discuss this matter in person, please call for an appointment to be sure she is available. Please reference the "Case No." identified at the top of this letter in all inquiries or replies. NOTE: It is your responsibility to inform the Condition Compliance Officer when your violation has been corrected. Until she hears from you that the violation is corrected and this can be confirmed to her satisfaction, the violations are presumed to remain and enforcement actions against you will continue.

58 Notice of Violation Page 7 of 7 PV Sincerely, TriciMaier, Manager Program Administration Section Encl.; DP Conditions Condition Compliance File Environmental Health Division Public Works Watershed Protection District, Water Resources Division Fire Protection District

59 FF B iil '10 Appeal Form County of Ventura Resource Management Agency Planning Division 800 South Victoria Avenue, Ventura, CA Appeal Number: ki 10 ) 00 at- To: Board of Supervisors Planning Commission Environmental Report Review Committee I hereby appeal the decision of the Planning Division L _February_9., 20 which was given on The decision was as follows: The Planning Director denied a Request for Equivalency Determination for Hagle Lumber Company that was filed with the County on July 31, Specifically, Hagle sought a determination that "timber products storage" be given comparable treatment to firewood operations as a Conditional Use within the AE zone district. A copy of the Appellant's request and the Planning Director's determination is attached. The grounds of appeal are (attach extra sheets as needed): 1. The Plannind Director improperly ruled that: (i) "timber product storage" is an accessory use of the subject property; (ii) the use of the subject property constitutes "Retail Operations-Lumber Yard:" (iii) "timber products storage" is not recognized as a valid land use; (iv) there are no other uses equivalent to "timber products storage," and (v) as a result of the foregoing, a zoning violation exists. 2. Timber is a recognized agricultural crop, and as such, "Packing, Storage or Preliminary Processing Involving no Structures" is expressly exempt within the AE zone pursuant to Section of the County's Non-Coastal Zoning Ordinance. request that the appropriate decision making body take the following action: 1. Postpone an appeal hearing on the Equivalency Determination and implement the provisions of Section of the County's Non-Coastal Zoning Ordinance that provides the opportunity to negotiate a solution to the Notice of Violation. 2. Absent a negotiated solution: (i) overturn the Planning Director's ruling; and (ii) affirm that the use of the subject property constituted ''Packing, Storage or Preliminary Processing Involving no Structures" (as a subcategory of "Crop Production and Orchard Production"), as an exempt use, contingent upon the removal of any structures present on the suject property. Name of Appellant: Hagle Lumber Company, Inc. Address of Appellant: c/o: Patrick T. Loughman, Lowthorp Richards PO Box 5167, Oxnard, CA Telephone Number of Appellant: (805)98I-8555 County of Ventura Planning Commission Hearing API & AP Exhibit 12 Appeal Form and Grounds of Appeal for AP

60 Planning Division Appeal Form Page 2 of 2 Is the appellant a party in the application? If not, state the basis for filing the appeal as an "aggrieved person!' Signature of Appella Rick Hagle, President Date Appeal and deposit fee of $ 'CK) ' 0 (pursuant to fee schedule specified by Resolution No. 222 of the Ventura County Board of Supervisors) received by the Planning Division at V, IC. (time) on fe'ko, Kimberly L. Rodriguez, Director Planning Division By Appeal Form Sep-2008

61 F EB 113'10pm Appeal Form County of Ventura Resource Management Agency Planning Division 800 South Victoria Avenue, Ventura, CA hitp://www venturo otg/rma/planning Appeal Number: AtO 0003 To: FX I Board of Supervisors Planning Commission Environmental Report Review Committee I hereby appeal the decision of the Planning Division/ Resource Management Copy, which was given on February 9, The decision was as follows: A Notice of Violation issued on February 9, 2010, alleges that timber product storage on an 11-acre portion of APN violates the terms and conditions of Development Plan ("DP") A copy of the Notice is attached. The grounds of appeal are (attach extra sheets as needed): 1. The Notice of Violation arises from the Planning Director's improper determination that "timber product storage" is not recognized as an allowed use within the AE zone district. The Planning Director's Determination of Equivalent Use is presently under appeal (a copy of which is attached). Any and all enforcement action should be stayed pending the outcome of the Equivalency Determination appeal. 2. Timber is a recognized agricultural crop, and as such, "Packing, Storage Or Preliminary Processing Involving No Structures" is expressly exempt within the AE zone district pursuant to Section of the County's Non-Coastal Zoning Ordinance. I request that the appropriate decision making body take the following action: 1. Stay enforcement action and implement the provisions of Section of the County's Non-Coastal Zoning Ordinance that provides the opportunity to negotiate a solution to the alleged violation. 2. The desired outcome is to allow the existing "timber products storage" on the subject property to remain (by the authority of Item #2 under Grounds of Appeal above) subject to and contingent, upon removal of any and all structures present on the subject property. Name of Appellant: liagle Lumber Company, Inc Address of Appellant: c/o Patrick T. Loughman, Lowthorp Richards PO Box 5167, Oxnard, C, Telephone Number of Appellant: (805) County of Ventura Planning Commission Hearing AP & AP Exhibit 13 Appeal Form and Grounds of Appeal for AP

62 Planning Division Appeal Form Page 2 of 2 Is the appellant a party in the application?!. If not, state the basis for filing the appeal as an "aggrieved person!" Sig' ature of Ap ellant cc Hagle, president Date /O Appeal and deposit fee of $ (pursuant to fee schedule specified by Resolution No. 222 of the Ventura County Board of Supervisors) received by the Planning Division at (time) on 2 01!. Kimberly L. Rodriguez, Director Planning Division Appeal Form Sep-2008

63 JUL :16 P.02 PAUL A. MILLER ALAN R. TEMPLEMAN PATRICK T. LOUGHMAN DEAN 01. HAZARD DENNIS KOTLER DARIN MARX FRANI( CORRAL Spxn- C. TEMPLEMAN LAW OFFICES OF LOWTHORP, RICHARDS, McMILLAN, MILLER & TEMPLEMAN A PROFESSIONAL CORPORATION 300 ESPLANADE mime, SUITE 850 OXNARD. CALIFORNIA MAILING ADDRESS: PARALEGALS POST OFFICE BOX 5167 E1.IZAB13TH T. LAD1ANA. CLA OXNARD. CALIFORNIA GEORGIA K COYNER, CLA JAN BRYANT CRYSTAL YEAGERAOROKNAY TELEPHONE FAX CARL P Lowniorkr, JR ( ) ROBERT C. MeMELLAN (1P40-200I) RICHARD A RICHARDS ( ) Sent via , Fax, and Mail July 22, 2010 County of Ventura Resource Management Agency Planning Division Attn: Brian Baca, Residential Permits Supervisor 800 South Victoria Ave. Ventura, CA Re: Hagle Lumber Company 3100 Semis Rd., Somis, CA Dear Mr. Baca: It was a pleasure meeting with you on July 7, 2010 and we very much appreciate your problem solving approach. The Hagle's are of the same mind and look forward to moving towards a resolution of the pending appeals as soon as possible. As you know, the main issue involves Hagle's expansion of its lumber storage area. The increased storage was necessitated both by the growth of the Hagle's lumber business and an increase in the variety of lumber products over the last years. The additional storage area involves approximately 10 acres. I have enclosed a map of the property which outlines the area in question in relation to the rest of the property. The Hagle's concede that the additional storage area is beyond the boundaries of the original conditional use permit. However, it has always been the Hagle's understanding that the storage of lumber, an agricultural product, is a use consistent with AE zoning. A contributing factor is the Planning Department's own approval of DP in 1985 that granted a 5-acre expansion of the Hagle's lumber business onto land that had been rezoned to AE-40 by earlier action of the County. The current appeals of both the Denial of Equivalency Determination and Notice of Violation set forth Hagle's position that lumber storage is authorized under the county's Non- Coastal Zoning Ordinance. Section defines as a permitted use the packing, storage, or preliminary processing of such crops in an AE zone. JUL :05 From: ID:RMA Planning County of Ventura Planning Commission Hearing AP & AP Exhibit 14 - Letter from Patrick T. Loughman to Brian Baca (July 22, 2010)

64 JUL :16 P.03 Brian Baca July 22, 2010 Page 2 of 4 We would like to draw your particular attention to the following points: Compara ble Situations: Hagle Lumber is the only "Wholesale Lumber Yard" for which a Conditional Use Permit has been issued (please see Attachment "A"). All other permitted "Lumber Yards" are either retail in nature and/or have since been annexed to adjacent cities. If setting precedence is of concern, that would not seem applicable to the case at hand. Use Classification: "Lumber Yards" are recognized as a commercial retail use under the County's Zoning Ordinance. Hagle Lumber Company, on the other hand, is wholesale in nature. We would be willing to condition continued operations (pursuant to Sec of the County's Non-Coastal Zoning Ordinance) that formally imposes such a limitation. Agricultural Commodity: By County Ordinance and reports issued by the County Agricultural Commissioner (and affirmed by the California Department of Food and Agriculture), lumber products are deemed to be an agricultural product. That said, "Timber Product Storage" constitutes "Packing, Storage or Preliminary Processing involving No Structures" under the category of Crop and Orchard Production" associated with Agricultural and Agricultural Operations within the AE Zone. (Please see Section of the Non- Coastal Zoning Ordinance). Agricultural Viability: According to the County's current adopted General Plan (per "Technical Appendix Supplement GPA Agricultural Economics Issue Paper,"), "...Land which can support a variety of agricultural crops (Irrigated Variculture - "Prime" and "Statewide Significance" classed lands), should have at least 40 acres to ensure longterm agricultural efficiency and flexibility." Sustainable Agriculture: The Hagle's own acres in total. Of this acreage, only 34 acres are actually usable (i.e., outside of floodway and Zone Z). The remaining acreage was further reduced by the County with the approval of DP-244. The County's action reduced farmable land to less than 30 acres which is far below the County's adopted General Plan threshold for agricultural viability. In any event, we understand the county's position that a conversion of agricultural land has occurred due to the ground cover required in the storage area. This appears to be the heart of the matter. However, we believe that reasonable mitigation efforts can be put in place to address the county's concerns and resolve these pending appeals. Negotiated Resolution: As we discussed, Mr. Hagle would prefer to resolve the pending appeals through a negotiated settlement. With that in mind, we ask that you give consideration to one of two possible approaches: (i) recognize timber products as an agricultural commodity; or (ii) revisit the previous Equivalency Determination and recognize timber product storage as a use separate and apart from lumber yards. In either case, we would agree to the following conditions; JUL :05 From: ID:RMA Planning Dept. Paoe:003 R=98%

65 JUL :16 P.04 Brian Baca July 23, 2010 Page 3 of 4 1. Use Limitations. The storage of timber products in the AE zone shall only be allowed in connection with lawfully permitted lumber processing operations performed on contiguous non-agriculturally zoned land (e.g., M-2), subject to the following limitations: a. The timber products may be stored within covered structures provided that the lot coverage of such structures does not collectively exceed 5% of the area of the legal lot that is zoned AE and used for timber product storage. b. The timber products shall not be stored above the height prescribed for accessory structures within the AE zone. a The area of land devoted to timber products storage shall not exceed the lesser of 49% of the area of the legal lot that is zoned AE or: (i) 5 acres without Conversion Mitigation: (ii) 19 acres with Conversion Mitigation. d. No fabrication or manufacturing activities of any kind shall be allowed in connection with timber products storage on the legal lot that is zoned AE. 2. Conversion Mitigation. The conversion of agricultural land in excess of 5 acres constitutes a potentially significant environmental effect under the Ventura County Initial Study Assessment Guidelines (Section 7.a., Paragraph B). In consideration of the size of the parent property and associated General Plan policies (see discussion of Agricultural Viability and Sustainable Agriculture above), recordation of an Agricultural Conservation Easement ("ACE") may be allowed as a means of reducing impacts to a level of less than significant. The ACE: (i) must be placed on land of equivalent size to that which is used for storage of timber products in excess of 5 acres; and (ii) shall be subject to review and approval by the Planning Director and incorporate the terms set forth below. a. The ACE shall encumber land that is: (i) presently zoned AE; (ii) equivalent in quality to that which is used for timber products storage; and (iii) not covered under a Williamson Act Contract or equivalent protective covenant. b. The ACE shall restrict use of the encumbered land to principally permitted "Agriculture and Agricultural Operations" allowed within the AE Zone. c. The ACE shall remain in full force and effect until: (i) the land used for storage of timber products is terminated and restored to a condition that allows for agricultural cultivation; or (ii) the encumbered land is lawfully rezoned to anon-agricultural use. JUL :05 From: ID:RMA Planning Dept. Page:004 R=9B%

66 JUL :1,3 P.05 Brian Baca July 22, 2010 Page 4 of 4 3. Termination of Use. The storage of timber products on the property shall immediately cease upon occurrence of any or all of the following: (i) termination of the lawfully permitted lumber processing operations to which timber products storage pertains; or (ii) violation of the terms or conditions of the Conditional Use Permit issued in connection with such storage. Within 90 days of revocation, expiration or surrender of the Conditional Use Permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is Practicable, unless otherwise requested by the landowner and approved by the Planning Director. We look forward to meeting with you at your earliest convenience to discuss the next step in this resolution process. Very truly yours, PTL/hp Enclosures JUL :05 From: ID:RMA Planning Dept. Page:005 R=92%

67 JUL :16 P.06 HAGLE LUMBER COMPANY (3100 SOMIS ROAD, SOMIS V 1N3INH9V11V JUL :05 From: ID:RMA Planning Dept. Page:006 R=98:

68 JUL :1? P ZI 0 P 6 = 73 O. 4, 8 Hi g RE 1 )-^ 2c113" ggii -g31.l 4 st6,8 >, ith i 5 s,---31 as: a w 419 o a.,e A 1g vi?:: d v.' E o E. 4 1 R U) i 78 i R l, C5 1 LI,V2 Rt, '7=i -7 1 il li i I - ;1:1 1,, 2,g211 e') HO Al? ifi gtrrit 2 4,.77)g >I ai1 -vf.pa4-3' 2 77, i ' E -- WS g :ct'zi 9/ tiet.e 77d a., i 1 i S 6g le ;,r, n nli. -a a O "E t i qp P fi -.Li r5 1 ER C99 4 j 't LI2 1/1,SS AN o.. ri. F, w ci ti 0 q i3 0 X in. z I, it.2 `4.9. H ru' 6u io 2 i uc3) g # 2 T.-. t II ; 2 i, t 1 11 i ; ra 11 i l 'R w VI ci 1' 8 - La 1 i 3 a 0 ec a 1 1 I 0 z it x If a- 3 1! A z T I R. t. g mg x.1t : I 11 i Ms.13P I i i D. El_ 72 C un, -.?j- 6 rn.5.. t i gig; - ' T1 I! vi, t V i P t :7- = L.+.0 i ; 8 q m _, 3 _i E _, 3 - -J tu, a. rr 3 JUL :05 From: ID:RMA Planning Dept. Page:007 R=98%

69 JUL :1? P.08 WALKER AND WALKER PR roi L LFSL:r4 KEVIN WAL KER AND WAL K ER PR r/ardo ST SUBMITTED 3100 SOMIS RD U a , S i0 APPROVED TOLLEFSON K EV 14 tig MINDRVIOD STEPHEN GERJETS Z 5 STEPHEN GERJETS a 2 rc 5 0 a 0 0 O UMBER STORAGE YARD, TRUSS MANUFACTURING NOTES: SEE PD-S-1 ANNEX TO CITY OF SI M1 VALLEY 6 m O 0 dd O 6 m Q m 2 X 0 U. 6 O 0 0 JUL :06 Prom: ID:RMA Planning Dept. Pa9e:008 R=98% o 0 APPROVED a LUMBER STORAGE YARD MOD ADDITION NOTES: MOD APPROVED PD 02/11185 a,

70 JUL :17 P.09 SUBMITTED a a A 111 APPROVED 1585 LOS ANGELES AV APPROVED PLYWOOD SUPPLY CO ce 4 W w m aja m a m N.., n M i-j g ,..,.J J a g WAGON WHEEL LUMBER APPROVED OFFICE, LUM BER YARD & SIGNS NOTES; ANNEXED TO CITY OF OXNARD 3/22/82 = SUN LUMBER COMPANY a w z 0 O 6 2 O 2 O QY G Z _ O o a < w W h BUD & KEN LUMBE SANTA CLARA AV S B.J. LESCOULIE LUMBER YARD AND PLANING MILL NOTES: ANNEX TO CITY OF CAMARILLO R T R JUL :06 rrom: ID:RMP Plannins Dept. Page:009 R=98% LUMBER YARD I 0 APPROVED O a ta 1 ta 2 APPROVED 5 O 0 e{,. 8 4 FENCE FABRICATION & INSTALLATION & RETAIL LUMBER YARD

71 1UL :17 P.10 APPROVED SIMI VALLEY LUMBER 001:10000DDO 0. 2 O et_ 7 LUMBERYARD & SIGNS NOTES: ANNEX TO CITY OF SIMI VALLEY TOTAL P.10 JUL :06 From: ID:RMA Planning Dept. Page:010 R=96%

72 RESOURCE MANAGEMENT AGENCY county of yentura Planning Division Kimberly L. Pril'hart Director August 20, 2010 Mr. Patrick T. Loughman The Law Offices of Lowthorp, Richards, McMillan, Miller & Templeman 300 Esplanade Drive, Suite 850 Oxnard, CA Subject: Letter dated July 22, 2010 concerning appeal of Planning Division's Denial of Equivalency Determination (AP ) and appeal of lumber storage violations (API ) Dear Mr. Loughman: The Ventura County Planning Division has considered the interpretations presented in your July 22, 2010 letter that lumber storage is allowed per Sec of the Non- Coastal Zoning Ordinance (NCZO), "AGRICULTURE AND AGRICULTURAL OPERATIONS, Crop and Orchard Production Packing, Storage Or Preliminary Processing Involving No Structures." The Planning Division disagrees with this interpretation and finds that the "lumber storage" is simply an expansion of the Nagle commercial lumber sales yard. Such a use is only allowed under the use category of "RETAIL TRADE Lumber Sales Yard" (Sec ). In accordance with Sec , lumber storage is allowed only in M2 (Limited Industrial) and CPD (Commercial Planned Development) zones. Lumber storage is not allowed in the AE zone. The Planning Division's letter of denial of Hagle's Request for an Equivalency Determination (attached) includes three options that are available to correct the violation. A hearing before the Planning Commission will be scheduled for mid October 2010 to consider the appeals. Please contact case planner Chuck Anthony at ( ) if you have any questions. Sinj rely, RIAN R. BACA, Manager Land Use Permits Section Encl.: Denial of Request for an Equivalency Determination, February 9, South Victoria Avenue, L# 1740, Ventura, CA (805) Printed on Recycled Paper County of Ventura Planning Commission Hearing AP & AP Exhibit 15 Letter from Brian R. Baca to Patrick T. Loughman (August 20, 2010)

73 EXHIBIT 2 COMPLIANCE AGREEMENT -C-A4-0-- C-A- /(-oo(3 for the Hagle Lumber Yard, PV February 9, 2011 This Compliance Agreement is entered into by and between the property owners listed herein ("PROPERTY OWNER") and the Ventura County Code Compliance Division ("COUNTY") for the purpose of abating violations of the Non-Coastal Zoning Ordinance associated with: Property Owners: Ralph G. Hagle and Mary C. Hagle Property Address: 3100 Somis Road, Somis CA Assessor's Parcel Numbers: , , and p ("PROPERTY") Violation Case No. PV The successful and complete implementation of the terms of this Compliance Agreement resolve and settle, in their entirety, those allegations that are identified in the Notice of Violation for Case No. PV The COUNTY and PROPERTY OWNER (hereinafter collectively the "PARTIES") agree that abatement of the identified violations through this Compliance Agreement, without the processing of appeals or litigation, is fair, reasonable and in their mutual interest. Unless,extended in writing by the COUNTY, this agreement expires on July 15, RECITALS WHEREAS, the COUNTY confirmed the following Notice(s) of Violation exist on the Property: A. Violation of Section and/or Section of the Ventura County Non-Coastal Zoning Ordinance (NCZO) for the unpermitted expansion of the commercial lumber yard authorized under Development Plan Permit No. DP into the Agricultural Exclusive (AE) Zone. This unpermitted expansion involves the installation of pavement and paving materials (such as asphalt, gravel and County of Ventura Planning Commission Hearing AP & AP Exhibit 16 Compliance Agreement No. CA (February 16, 2011)

74 Hagle Lumber Compliance Agreement, ,1/4-4-e-meeE, Violation Case No. PV C4 /I -od (3 Page 2 of 8 other similar materials) on prime agricultural soils over an 11-acre area in the AE Zone. B. Violation of Section for the conduct of a use (commercial lumber yard) not identified as allowed in the AE Zone in the Use Matrix set forth in Sections and of the NCZO. The conduct of the unpermitted commercial lumber yard use involves the installation of pavement and paving materials (such as asphalt, gravel and other similar materials) on prime agricultural soils over an ll-aere area in the AE Zone. C. Violation of Condition of Approval #1 of DP #244-1 due to the unpermitted expansion of the commercial lumber yard outside of the permit boundary depicted on the approved plans and elevations. This unpermitted expansion involves the installation of pavement and paving materials (such as asphalt, gravel and other similar materials) on prime agricultural soils over an 11-acre area in the AE Zone. D. Violation of Condition of Approval #2 of DP #244-1 due to the unpermitted expansion of the commercial lumber yard outside of the M-2 Zone. This unpermitted expansion involves the installation of pavement and paving materials (such as asphalt, gravel and other similar materials) on prime agricultural soils over an 11-acre area in the AE Zone, E. Violation of Condition of Approval #7 of DP #244-1 for failure to apply for, and obtain approval of, a modification of DP #244-1 prior to the unpermitted expansion of the commercial Lumber yard outside of the permit boundary depicted on the approved plans for DP # This unpermitted expansion involves the installation of pavement and paving materials (such as asphalt, gravel and other similar materials) on prime agricultural soils over an 11-acre area in the AE Zone. WHEREAS, the PROPERTY OWNER is the liable and responsible party for the abovelisted violations pursuant to Section et seq. of the NCZO; WHEREAS, the COUNTY provided sufficient notice and information about each violation, including information about possible appeal rights under the County Non- Coastal Zoning Ordinance; WHEREAS, the PROPERTY OWNER filed a timely appeal (AP and AP ) of the Notice of Violation PV ; WHEREAS, the PROPERTY OWNER seeks to resolve the Notice of Violation with the COUNTY without the admission of any wrong doing and without the processing of Appeal Case No. AP , Appeal Case No. API , or any other related appeals; WHEREAS, nothing in this Compliance Agreement shall preclude the PROPERTY OWNER from filing an application for a land use permit or legislative approval (such as

75 Nagle Lumber Compliance Agreement, XXX)f, Violation Case No. PV C4-4'-ool3 Page 3 of 8 a General Plan or Zoning Ordinance amendment) that may authorize other uses to be made of the subject property beyond those allowed under current regulations. NOW, THEREFORE, for good and valuable consideration set forth herein, the PARTIES agree to abide by the following terms and conditions to abate the violations identified herein. TERMS AND CONDITIONS 1. PROPERTY OWNER agrees to take the following actions prior to the deadlines established in Paragraphs 1.f, 3 and 4 of this Compliance Agreement: a. Discontinue all lumber yard storage operations conducted on the 1I-acre portion of the PROPERTY zoned AE and referenced in the Notice of Violation. b, Remove the lumber and related materials stored on the 11-acre portion of the PROPERTY zoned AE and referenced in the Notice of Violation. c. Remove all pavement and paving materials (such as asphalt, gravel and other similar materials) that have been installed, stored or otherwise placed on the 11-acre portion of the PROPERTY zoned AE and referenced in the Notice of Violation. The removal of the pavement and paving materials from the 11-acre portion of the subject PROPERTY shall restore the land to a condition suitable for agricultural production consistent with the pre-violation condition of the site as determined by the COUNTY Planning Director in consultation with the COUNTY Agricultural Commissioner. Notify the COUNTY Planning Director or his/her designee of the completion of the actions described in Paragraphs 1.a, 1.b and 1,e above such that the COUNTY can verify by final inspection that the required actions were taken. e. Withdraw, in writing, Appeal Case Nos. AP and AP , and all other related appeals. S c. 1.7.kk Submit to the COUNTY Planning Division, a surety deposit in the amount of $1,000.00, prior to or concurrent with execution of this Compliance Agreement. This surety shall be forfeited in whole or in part at the sole discretion of the COUNTY Planning Director, if the PROPERTY OWNER fails to satisfy the terms and conditions of this Compliance Agreement.

76 Hagle Lumber Compliance Agreement, :1-3EX-X-X, Violation Case No. PVI C-9-//--foo 13 Page 4 of 8 g. Provide, on an expedited basis, any and all information requested by the COUNTY that is related to the above-listed violations. 2. COUNTY agrees to do the following: a. Withhold further code enforcement action against PROPERTY OWNER for the violations set forth in the Notice of Violation during the term of this Agreement. However, nothing in this Agreement shall prohibit the COUNTY from taking code enforcement action against the PROPERTY OWNER for any new violations of the Non-Coastal Zoning Ordinance. Perform final inspection, as expeditiously as possible upon notification by the PROPERTY OWNER pursuant to Paragraph I.d above, to verify whether all identified violations have been abated. c. Close Violation Case No. PV if the identified violations have been abated (as verified by the final inspection) and all required fees have been paid. d. Process any application filed by the PROPERTY OWNER for a discretionary permit, General Plan Amendment or Zoning Ordinance Amendment that would allow additional land uses on the 11-acre portion of the PROPERTY zoned AE and referenced in the Notice of Violation. If the requested discretionary action would allow for some pavement to remain on the prime agricultural soils in the AE Zone, the specific portion of the unpermitted pavement related to the requested discretionary action may remain until the COUNTY decision-makers have considered the application. The expiration date of this Agreement, and the deadline for withdrawal of all appeals specified in Paragraph 4 of this Compliance Agreement, shall be extended only for the portion of the 11-acre area of land that would be affected by the requested discretionary action. The time period for the partial extension of the expiration date of this Compliance Agreement shall be determined by the COUNTY Planning Director. The COUNTY Planning Director shall grant requested time extensions so long as the PROPERTY OWNER diligently pursues all applications filed with the COUNTY under the provisions of this Paragraph. If still outstanding, Appeal Case Nos. AP and AP (and any other related appeals) will be considered by the COUNTY decision-makers concurrently with any requested discretionary action. e. Review any proposal to use a portion of the unpermitted pavement installed in the AE Zone to conduct a by-right agricultural use for consistency with the purpose and intent of the AE zone. Any area of pavement determined by the COUNTY Planning Director to be necessary for a by-right agricultural use shall be allowed to remain.

77 Hagle Lumber Compliance Agreement, CA I-6-XXXX, Violation Case No. PV Od> Page 5 of8 f. Allow time for the initiation and processing of a ballot measure by the PROPERTY OWNER to change the land uses permitted on the subject PROPERTY provided that such measure is qualified for the ballot prior to the July 15, 2011 expiration date of this Agreement or within 30 days after the exhaustion of all administrative and discretionary permit remedies pursued by the PROPERTY OWNER in accordance with Paragraphs 2.d and 2.e of this Agreement, including rights of appeal. If a qualified ballot measure would allow for some pavement to remain on the prime agricultural soils in the AE Zone, the specific portion of the unpermitted pavement related to the qualified ballot measure may remain until the ballot measure has been considered by COUNTY voters. The expiration date of this Agreement, and the deadline for withdrawal of all appeals specified in Paragraph 4 of this Compliance Agreement, shall be extended only for the portion of the 11-acre area of land that would be affected by the qualified ballot measure. The deadline to complete. the actions described in Paragraphs I.c, 1.d and 1.e shall be extended to a date six months after the date of the election in which a measure proposed by PROPERTY OWNER is on the ballot. This deadline may be extended by the COUNTY Planning Director for good cause. It is understood that the requirement to complete the actions described in Paragraphs 1.c, 1.d and 1.e may be modified or rescinded as a result of such election. The PROPERTY OWNER shall complete the work outlined in Paragraph I.a and 1.b within thirty (30) days of the execution of this Agreement. The PROPERTY OWNER shall complete the work outlined in Paragraphs 1.c, 1.d and 1.e no later than thirty (30) days prior to the July 15, 2011 expiration date of this Agreement. Exceptions to this requirement are limited to those described in Paragraphs 2.d, 2.e and 2.f of this Agreement. 5. Failure by the PROPERTY OWNER to take the required actions as specified herein will render the PROPERTY OWNER in violation of the terms and conditions of this Compliance Agreement. Such failure shall constitute sufficient grounds for the termination of this Agreement. The determination of whether the PROPERTY OWNER has failed to satisfy the terms of this Agreement, and any decision to terminate this Agreement, shall be at the sole discretion of the COUNTY Planning Director, 6. In the event that the COUNTY terminates this Agreement in writing, the COUNTY shall process Appeal Case No. AP , Appeal Case No. AP , and any other related appeals, if not withdrawn by the PROPERTY OWNER. If the Notice of Violation is upheld by the COUNTY decision-makers, additional code enforcement actions by the COUNTY will be pursued. 7. In the event that the PROPERTY OWNER fails to satisfy the terms and conditions of this Compliance Agreement, the COUNTY reserves the right to

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81 EXHIBIT 3 RESOURCE MANAGEMENT AGENCY county of ventura Planning Division Kimberly L. Prillhart Director July 20, 2011 Patrick T. Loughman Lowthrop, Richards, McMillan, Miller & Templeman 300 Esplanade Drive Oxnard, CA Subject: AD pre-submittal Application for Ralph G. and Mary C. Nagle - General Plan Amendment, Zone Change and Zoning Ordinance Text Amendment Dear Mr. Loughman, The Planning Division has reviewed the pre-submittal application, AD , filed on June 14, 2011, on behalf of Ralph G. and Mary Hagle for a General Plan Amendment, Zone Change, and a Zoning Ordinance Text Amendment. The purpose of a presubmittal review is to identify potential issues that may be associated with discretionary entitlements, if they are filed. As such, I have laid out the letter to give you as much detail as possible. This Presubmittal letter begins with your request followed by the background information (including the project history), the application process, an analysis of the proposed General Plan amendment, Zoning Ordinance text amendment, Zone Change request, environmental review, and concludes with a discussion of the Compliance Agreement as well as very important application deadlines. KIRAMMEjalEargaMONEW :7A6607COMMEEFIEMWS2 Requested Actions: (1) General Plan Amendment to re-designate acres from "Agricultural" to "Open Space"; (2) Rezone the same acres from "AE" (Agricultural Exclusive) to "OS-20ac" (Open Space, 20 acres minimum lot size); and (3) Non-Coastal Zoning Ordinance Text Amendment to permit "timber product storage", subject to a Conditional Use Permit (CUP) in the AE and OS zones, add definitions for timber products and timber products storage, and establish standards and required findings for storage of timber products. Although not included in your pro-submittal application, if the above legislative amendments are approved by the Board of SuperVisors, your client intends to subsequently file and process a CUP for timber product storage on acres. Location: 3100 Somis Road, Souris. The subject General Plan Amendment and Zone Change request affects a portion of Assessor's Parcel Number The property in question is within the Las Posas Valley Area of Interest. 800 South Victoria Avenue, L# 1740, Ventura, CA (805) Fax (805) Printed on Recycled Paper County of Ventura ix'' Planning Commission Hearing AP & AP Exhibit 17 General Plan Screening presubmittal Analysis No. AD (July 20, 2011)

82 Patrick T. Loughman July 20, 2011 Page 2 Size: Assessor's Parcel No comprises acres. This APN is divided by the applicant into three "parcels" (Note that these parcels are not legal lots and are used only for descriptive purposes). 10: Parcel 1 'totals acres. This entire area is proposed for re-designation ao0 rezoning as d escril;ied above uricler requested actions. Parcel 1 is further divided into four sub-areas: Area A is,comprised of 10:52 acres-and is entirely paved: While -currently vacant, this area was recently unlawfully used for storage of finished lumber. If the requested Zoning Ordinance text amendment is approved, this area would be proposed: for storage of finished lumber: Area B contains 8 acres and consists of a pond and riparian vegetation adjacent to the Arroyo Las Posas. Although proposed for re-designation and re-zoning, the applicant has not proposed any land use change or development for this area. Area C is 1.96 acres and is paved and utilized for storage of finished lumber pursuant to DP Although proposed for re-designation and re-zoning, no land use change is proposed for this area. Area D consists of 1.02 acres and is paved. While currently vacant, this area is proposed for expansion of the adjacent tree farm and would be utilized for seasonal customer parking, mulching operations, and equipment staging. Note that by letter from Brian Baca to you, dated May 31, 2011, the use of some of the paved area for expansion of the existing Christmas tree farm was discussed in detail. This letter will not further address this proposed use other than to remind you that the use of paved area for the Christmas tree farm is very limited.

83 Patrick T. Loughman July 20, 2011 Page 3 Parcel 2 totals acres and is used as a Christmas tree farm. No changes to this area are proposed (other than the expansion into Parcel 1, Area D, described above). II- Parcel 3 totals 2,9 acres and is used for a lumber storage facility authorized by DP-244-1: No changes to this area are proposed. History: Zoning prior to 1967: The zoning on the subject site prior to August 1, 1967, was RE-1 ac (Rural Exclusive, 1 acre minimum) for Parcels 1 and 2, and MPD (Manufacturing Planned Development) for Parcel 3. Zone Change Z-1516: Northwestern portion of site (Parcel 3) was rezoned by the Board of Supervisors from MPD (Manufacturing Planned Development) to M2 (Limited Industrial) on August 1, Development Plan DP-66: Upon application by Hagle Lumber Company, a wholesale lumber yard was approved by the Planning Director on June 21, 1972, for a 6-acre parcel adjacent to the SPRR trackp located southwest of the subject property (Assessor's Parcel Number 163-0:010-25). Development Plan DP-244: Upon application by Hagle Lumber Company, a lumber storage yard was approved by the Planning Director on May 6, 1980, for two parcels totaling about 2 acres adjacent to the SPRR tracks (portions of Assessor's Parcel Numbers and ) located northwest of the subject property. The following aerial depicts the boundaries of the various Hagle Lumber permits. DP 244 P o rect "A" 0.4 rc. APN: %044 (por.) and APN: g-la OP (P.uvel 4.9 sc. APN: por.) General Plan Amendment GPA 82-3: On January 12, 1983, (during the processing of the Agricultural Lands Protection Program) Ralph Hagle submitted a letter to the Planning Director requesting that his property be excluded from the then proposed

84 Patrick T. Loughman July 20, 2011 Page 4 Agricultural land use designation and AE zoning for his property. His letter states his intention to split his property to expand the existing lumber storage facility into the agricultural area, which he acknowledged would not be possible if the property was re-designated Agricultural and re-zoned to AE. On May 17, 1983, the Board of Supervisors approved General Plan Amendment GPA 82-3 (Agricultural Lands Protection Program) designating the majority of the subject property (Parcels 1 and 2) as "Agricultural". Parcel Map PM 3981 and Variance V-4227: On June 14, 1983, Hagle Lumber Company submitted a two-lot parcel map application to subdivide the subject property to separate the 4.86-acre DP permit area (Parcel 1, Area C and Parcel 3) from the balance of the acre subject property. On November 28, 1983, Hagle Lumber submitted a variance to allow creation of a acre parcel in the AE zone (AE zone requires a 40 acre minimum lot size). Both applications were closed by the Planning Division on May 16, 1986, due to inactivity by the applicant for more than six months. Planned Development Permit Modification DP-244-1: Hagle Lumber Company submitted an application to modify DP-244 to expand the lumber storage yard to Parcel 1 (Area C) and Parcel 3 of the subject property. This application was approved by the Planning Director on February 11, Subsequently, it was discovered that the permit was issued in error as a portion of the property (Area C of Parcel 1) was zoned AE, which does not permit lumber storage. By letter from Dan ' Klemann, dated February 9, 2010, the County informed Mr. Hagle that, because the County erred in issuing the permit, it is not within the County's authority to require the applicant to rezone the AE zoned portion of DP-244 permit area (Parcel 1, Area C) and that area is being treated as a legally established non-conforming land use. Zone Change Z-2728: On November 27, 1985, the eastern portion of the DP permit area (Parcels 1 and 2) was rezoned by the Board of SuperVisors from RE-1 ac (Rural Exclusive, one acre minimum lot size to AE (Agricultural Exclusive to be consistent with the "Agricultural" General Plan designation. This action:was a follow-up to the Agricultural Lands Protection Program (GPA 82-3). Planned Development Permit Modification : Application to modify DP-244 was submitted by Hagle Lumber Company on May 7, 2009 to add a twostory office addition. The application was deemed to be incomplete on June 10, 2009, when it was determined that a portion of the permit area for DP-244 is located within the AE zone, which does not permit lumber storage operations and that lumber storage operations had been unlawfully expanded outside the boundaries of the DP-244 permit area. Equivalency Determination Request; On July 31, 2009, Hagle Lumber Company requested a Planning Director equivalency determination contending that lumber storage is equivalent to "firewood operations". The County denied this equivalency determination by letter from Dan Klemann, dated February 9, 2010.

85 Patrick T. Loughman July 20, 2011 Page 5 Violation Case No, PV A Notice of Violation was sent to Tom Figg (consultant for Haggle Lumber Company) from Tricia Maier, dated Feb 9, The Notice of Violation was for unpermitted expansion of lumber storage operation outside the boundaries of DP on AE zoned land in violation of the Zoning Ordinance (NCZO Sections , , , and ) and in violation of the conditions associated with DP Appeal Case No. AP : On February 18, 2010, Hagle Lumber Company filed an appeal of the Planning Director's denial of an equivalency determination that "timber products storage" be given comparable treatment to firewood operations as a Conditional Use within the AE zone district". Appeal Case No. AP : On February 18,.2010, Hagle Lumber Company filed an Appeal of a Notice of Violation, PV , issued on February 9, 2010, that alleges that timber product stored on an 11-acre portion of APN violates the terms and conditions of Development Plan DP Second Equivalency Determination Request; On July 22, 2010, Hagle Lumber Company requested a Planning Director equivalency determination, asserting that lumber storage is equivalent to "Agricultural Operations, Crop and Orchard Production - Packing, Storage or Preliminary Processing Involving No Structures". The equivalency determination was denied by letter from Brian Baca, dated August 20, This determination was not appealed. Compliance Agreement CA A compliance agreement was signed by Ralph and Mary Hagle and the Planning Director on February 14, 2011 and February 16, 2011, respectively. The Compliance Agreement was to expire July 15, The Compliance Agreement requires withdrawal of the two appeal files and removal of the paving outside the DP-244 permit area and restoration of the site to farmable condition. However, if, by June 15, 2011, a discretionary application was filed that would allow the pavement.to remain, the expiration date of the Compliance Agreement and deadline for withdrawal of all appeals would be extended. The extension date of the compliance agreement would be determined by the Planning Director and could be extended so long as the property owner diligently pursues all discretionary applications filed. In this event, the two appeal cases are to be considered concurrently with any requested discretionary action (CUP). General Plan Screening Presubmittal (AD ) Filed June 14, 2011 MOM MI LriP WIWPVItrl Ja."3" Dr.Fi esm General Plan and Zoning. Ordinance Amendment Application Process: By Board of Supervisors policy and the provisions of Sec of the Non-Coastal Zoning Ordinance, privately-initiated applications for General Plan Amendments (GPA) and the Non-Coastal Zoning Ordinance (Zoning Ordinance) text amendments require the review of the Board of Supervisors prior to being processed. The purpose of this "screening" process is to allow the Board of Supervisors an opportunity to: (1) determine if the

86 Patrick T. Loughman July 20, 2011 Page 6 proposed amendments are consistent or inconsistent with the Board's adopted land use plans and policies;. and (2) screen out clearly incompatible applications and conserve valuable Planning Division staff resources that would be devoted to the applicant and his/her application. If the Board authorizes Planning Division staff to proceed With processing your client's proposed GPA and Zoning Ordinance text amendment, such an action does not confer or imply ultimate approval of any amendment request, but it does imply that the Board will seriously consider final adoption of the proposed GPA and Zoning Ordinance text amendment. The Planning Division conducts two GPA/Zoning Ordinance text amendment screenings per year, and the deadlines for filing are August.1 and February 1, with the Board screening hearings in October/November and May/June, respectively. If the GPA and Zoning Ordinance text amendment are denied by the Board, the GPA/Zoning Ordinance text amendment process is complete and abatement of the violation would have to subsequently occur-,4,,, If the Board approves the GPA/Zoning Ordinance text amendment screening, staff will be authorized to conduct a detailed analysis and environmental review of your client's,proposed amendments. It is likely that the Board will require concurrent processing of the GPA and Zoning Ordinance text amendment, with a Zone Change and Conditional Use Permit. Ultimately, public hearings will be conducted by,the Planning Commission and the Board of Supervisors, k.f_61 if.2.1iir.1.1.1','wg.ittg. The Board of Supervisors has adopted Screening Guidelines which include the following criteria for approving the processing of GPA requests: (The complete Screening Guidelines are available at the following location: Plan/gen plan amend.html) When the proposed amendment request has the potential for conformity with all applicable goals and policies of the General Plan. When the proposed amendment request is in conformity with other Board of Supervisors adopted policies. The following goals and policies of the Goals, Policies and Programs of the General Plan apply to the subject GPA: (The County General Plan may be viewed at: Plan/general plan.html) Farmland Goal "Preserve and protect irrigated agricultural lands as a nonrenewable resource to assure the continued availability of such lands for the production of food, fiber and ornamentals." Farmland Policy t6.2-1 "Discretionary development located on land designated as Agricultural and identified as Prime Farmland or Farmland of Statewide Importance on the State's Important Farmland Qt

87 Patrick T. Loughman July 20, 2011 Page 7 Inventory, shall be planned and designed to remove as little land as possible from potential agricultural production and to minimize impacts on topsoil." Staff Comment: The paved portion of the property was largely designated as Farmland of Statewide Importance before it was unlawfully paved by Nagel Lumber Company. The proposed project would result in the permanently over-covering of about ten acres of important farmland. The following map shows the portion of your client's property that was designated by the State Department of Conservation as Prime or Statewide Important agricultural soil prior to l'irniy ' 1988 IMPORTANT FARMLANDS INVENTORY P = Prime S = Statewide Important = Developed Land Use Goal Agricultural: "(1) Identify the farmlands within the County that are critical to the maintenance of the local agricultural economy and which are important to the State and Nation for the production of food, fiber and ornamentals. (2) Preserve and protect agricultural lands as a nonrenewable resource to assure their continued availability for the production.of food, fiber and ornamentals.

88 Patrick T. Loughman July 20, 2011 Page 8 (3) Maintain agricultural lands in parcel sizes which will assure that viable farming units are - retained. (4) Establish policies and regulations which restrict agricultural land to farming and related uses rather than other development purposes. (5) Restrict the introduction of conflicting uses into farming areas." Land Use Policy Agricultural: ril) The Agriculterral land use designation shall primarily include lands which are designated as Prime Farmlands, Farmlands of Statewide Impedance or Unique Farmlands in the State's Important Farmland Inventory (IF!), although land may not be designated Agricultural if small areas of agricultural land are isolated from larger blocks of farming land (in such cases, the agricultural land is assigned to the Open Space or Rural designation of the surrounding properties). (2) The smallest minimum:: arcel size consistent with the Agricultural land.use designation is 40 acres. Subzones may require largenminimum parcel sizes. (3) Agricultural land shall be utilized for the prdductlon of food, fiber and ornamentals; animal husbandryandcare;.uses accessory to agriculture and limited temporary or public uses which are Consistent with agricultural or agriculturally relateduses." Staff Comment: The proposed action would result in creation of a substandard agricultural parcel (Parcel 2). This would conflict with-paragraph (2) above: The proposed Zoning Ordinance text amendment would allow timber products storage in the AE zone. Under the existing Zoning Ordinance,.a lumber storage yard Is either conditionally permitted in the M3 zone under the category of Outdo& Bililding, Materials Storage, or accessory to a:manufacturing use (Lumber and Wood Products and Processes) in the M2 or M3 zones or to a retail trade use (Lumber and Building Materials Sales Yard) in the CPD- or M2 zones. Expansion of a commercial/industrial use in the AE zone would conflict with the purpose of the Agricultural designation described in paragraph (3), above. Land Use Goal 3.2.1,5 Open Space: "(1) Preserve for the benefit of all the.countra residents the continued wise use of the County's renewable and nonrenewable resources by limiting the encroachment into such areas of uses which would unduly and prematurely hamper or preclude the use or. appreciation of such resources. (2) Acknowledge the presence of certain hazardous features which urban development should avoid for public health and safety reasons, as well as for the possible lbss of public improvements in these areas and the attendant financial costs to the public. (3) Retain open space lands in a relatively undeveloped state so as to preserve the maximum number of future land use options. (4) Retain open space lands for outdoor recreational activities, parks, trails and for scenic lands. (5) Define urban areas by providing contrasting but complementary areas which should be left generally undeveloped.

89 Patrick T. Loughman July 20, 2011 Page 9 (6) Recognize the intrinsic value of open space lands and not regard such lands as 'areas* waiting for urbanization.'" Land Use Policy Open Space: "(1) Open Space should include areas of land or water which are set aside for the presentation of natural resources, including, but not limited to, areas required' for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays, and estuaries; and coastal beaches, lakeshores, banks of rivers and streams, and important watershed lands, (2) Open Space should also include areas set aside' for managed production of resources, including, but not limited to, forest lands, rangeland, agricultural lands not otherwise designated Agricultural; areas required for the recharge of groundwater basins; bays, estuaries, marshes, rivers, and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply. (3) Open Space should also include areas within which recreational activities can be pursued, including, but not limited to, areas'of outstanding scenic, historic; and cultural value; areas particularly suited for park and recreation purposes, including _access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and open space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors. (4) Open Space shouldalso include areas of land or water which are set aside forpublic health and safety, thereby safeguarding humans and property from certain natural hazards, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs, and areas required for the protection and enhancement of air quality. (5) Open Space should also include undeveloped natural areas surrounding urbandesignated areas which have been set aside to define the boundaries of the urbandesignated areas, to prevent urban sprawl, and to promote efficient municipal services and facilities by confining the areas of urban development. (6) The smallest minimum parcel size consistent with the Open Space land use category is 10 acres. Subzones may require larger minimum parcel sizes. (7) The minimum parcel size for Open Space properties contiguous with the Agricultural land use designation shall be 20 acres." Staff Comment: None of the above Open Space General Plan goals/policies would support the expansion of industrial uses in the Open Space General Plan land use designation. Lumber products storage might be considered an accessory to permitted timber harvesting operations (pursuant to paragraph 2), but in the subject case, the only timber harvesting occurring in the vicinity is the adjacent Christmas tree farm, which is not related to the storage of finished lumber products. While it may be theoretically possible to amend the Open Space goals and policies of the General Plan, such

90 Patrick T. Loughman July 20, 2011 Page 10 changes would trigger a countywide vote, pursuant to the requirements of the Save Open Space and Agricultural Resources (SOAR) Ordinance. Land Use Policy "Guidelines for Orderly Development: Discretionary development shall be consistent with the Guidelines for Orderly Development." Staff Comment: The Guidelines for Orderly Development were adopted by the Board of Supervisors, the Local Agency Formation Commission and all of the incorporated Cities in Ventura County. The Guidelines clarify the relationship between the cities and the County with respect to urban planning_ The Guidelines include The following general policy: "Urban development should occur, whenever and wherever practical, within incorporated cities which exist to provide a full range of municipal services and are responsible for urban land use planning_" Under the existing Zoning Ordinance, a lumb0 storage yard is either conditionally permitted in the-m3 zone under the category of Outdoor Building Materials Storage, or accessory to a manufacturing use (LumberanCI Wood Products and Processes) in the M2'or M3 zones or to a retail trade use (Lumber and Building Materials Sales yard) in the CPD or M2 zones. Therefore, the principal use is, urban in nature and, under the Guidelines, should be located within an existing city if possible. Where not possible, the County has identified several Urban and Existing Communities which are intended to accommodate such urban land uses. Allowing urban land uses to expand in Open Space and Agricultural areas, as proposed by Nagle Lumber would not be consistent with the Guidelines for Orderly Development. We note that lumber storage might also be considered an accessory to a timber harvesting operation, but as stated previously, the only timber harvesting occurring on site is the adjacent Christmas tree farm, which is not related to the storage of finished lumber products. Save Open space and Agricultural Resources (SOAR) Ordinance: The SOAR Ordinance was adopted by the countywide electorate and is incorporated into- the County General Plan. Re-designation from "Agricultural" to "Open Space" is permitted by the SOAR Ordinance without a vote of the countywide electorate'when the Board of Supervisors makes certain findings. The following required findings may not be supportable by substantial. evidence: i) "The land proposed for redesignation has not been used for agricultural purposes in the past 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons;" Staff Comment: Parcel 1, Areas A and D - Based upon aerial photography, it is clear that this11.54 acre portion of the site has been paved since at least 2005 and some areas have been paved since This paved area is currently unusable for agriculture because your client unlawfully paved over the underlying farmland. However, the Compliance Agreement signed by your client requires that the paved area be restored to its previous farmable condition. Thus, the paved land will be farmable if your client's proposed entitlements are denied.

91 Patrick T. Loughman July 20, 2011 Page 11 Parcel 1, Area B - Your letter indicates that 8 acres of the site is vegetated with riparian vegetation and is within the 100 or 500 year flood zone. We agree that Area B is consistent with the above SOAR finding, but this area is not proposed or needed for expansion of the lumber products storage area. Parcel 1, Area C - This 1.96 acre area was paved and utilized for storage of lumber projects pursuant to DP The permit was issued in error because this portion of the site has never been zoned for industrial use. Given that this area is under an existing permit and is not subject to restoration pursuant to the Compliance Agreement, the Planning Division would concur that this portion of the site is not suitable for agriculture because it has been developed with an industrial land use which has been approved by the County. iv) The proposed redesignation is compatible with agricultural uses, does not interfere, with accepted agricultural practices, and does not adversely affect the stability of land use patterns in the area; Staff Comment: The purpose of the proposed.re-designation is to permit timber products storage on the unlawfully paved portion of the subject property. As defined by your client's proposed Zoning Ordinance text amendment, timber products storage includes finished lumber goods, the storage of which is currently considered an industrial land use under the existing Zoning Ordinance. General Plan Land Use Designation Change: Your presubmittal letter requests a change from "Agricultural" to "Open Space" (20 Acre Minimum) General Plan designation. We note that the General Plan "Open Space" designation has a 10 acre minimum lot size requirement. We are assuming you are not requesting that we create a new general plan land use designation. Thus, we believe the requested General Plan designation would be "Open Space". This General Plan designation has.a 10 acre minimum parcel size, but that is considered consistent with your proposed "OS-20 Ac" zoning designation. We note that the subject property (APN ) is currently acres, but after redesignation, the remainder portion of the parcel that would be retained as "Agricultural" would be acres. The General Plan designation of "Agricultural" requires 40 acres. Thus, your proposed project would create a substandard land use designation that would be inconsistent with the General Plan. It should be noted that the "Agricultural Economics Issue Paper" (GPA 82-3 Technical Appendix Supplement) studied the effect of parcel sizes on agriculture and concluded that small parcels reduce efficiency due to the inconvenience, expense and time involved in moving workers and equipment from parcel to parcel, higher per-acre agricultural contractor fees (pest control, picking/hauling, etc.) and increased potential for conflicts with adjacent land uses.

92 Patrick T. Loughman July 20, 2011 Page 12 Further, Section 3.2 of the General Plan. Goals, Policies and Programs document provides the following definitions (purposes) for the "Open Space" land use designation: "The Open Space designation encompasses land as defined under Section of the State Government Code as any parcel or area of land or water which is essentially unimproved and devoted to an open-space use [emphasis added] as defined in this section, and which is designated on a local, regional or State open-space plan as any of the following: Open space for the preservation of natural resources including, lint not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lakeshores,. banks of rivers and streams, and watershed lands. Open space used for the managed production. of resources, including but not limited to, forest lands, rangeland, agricultural lands not designated agricultural; areas required for recharge of groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply. Open space for outdoor recreation, including but not limited to; areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and open-space reservations, including Utility easements, banks of rivers and streams, trails, and scenic highway corridors. Open space for.public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas,.flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality. Open space to promote the formation and continuation of cohesive communities by defining the boundaries and by helping to prevent urban sprawl. Open space to promote efficient municipal services and facilities by confining urban development to defined development areas." Staff Comment: The principal purpose of Open Space is to preserve land in a largely unimproved state. None of the purposes of "Open Space" designation listed above would support the expansion of an industrial use into adjacent Open Space designated land. The Parcel 1 (Area A and D) proposed for "Open Space" designation would be 100 percent paved and would thus be more reflective of an "Urban" or Existing Community" land use designation. While the purposes of the Open Space designation could be modified with a General Plan Amendment, such an amendment would trigger a requirement for a SOAR vote. It would be more straightforward for your client to file a GPA to change the land use designation for a portion of the subject property to Existing Community M2 zone. Although there are still problems associated with this option (inconsistent with goal 3.2,1-2 that "confines existing urban enclaves" and is subject to a county-wide SOAR

93 Patrick T. Loughman July 20, 2011 Page 13 vote), it is specific to your client's property and does not involve redefining the purpose of either the Agricultural or Open Space land use designations. Mapping issue: You indicate that parcel 1, areas A, B and Con Sheet 3 of 7 would be redesignated. Your application indicates that these areas total acres. While our staff is able to map the approximate boundaries of your proposed change, to accurately reflect the proposed General Plan land use boundaries, we recommend that you provide GIS shapefile(s) with the associated projection information for the area proposed to be re-designated and rezoned. Our graphics section uses NAD_1927_California V, but can convert data if we have the projection information (IND. Given the potential inconsistency of your proposed request with the goals and policies of the County General Plan, the purposes of the Open Space and Agricultural land use designations, the Guidelines for Orderly Development and SOAR Ordinance, staff would recommend that the Board of Supervisors deny your proposed GPA screening request. FOCOPUJ?:l'' The proposed Zoning Ordinance text amendment would amend the Zoning Matrix to conditionally permit lumber storage in an OS or AE zoned property. This change would be inconsistent with the purposes of the OS and AE zones. The purposes of the OS and AE zones are set forth in Sec of the Non-Coastal. Zoning Ordinance as follows: (The Non Coastal Zoning Ordinance may be viewed at: Open Space (OS) Zone "The purpose of this zone is to provide for any of the following on parcels or areas of land or water that are essentially unimproved [emphasis added]: a. The preservation of natural resources Including, but not limited to: areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and, coastal beaches, lakeshores, banks of rivers and streams, and watershed lands. b. The managed production of resources, including but not limited to: forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and, areas containing major mineral deposits, including those in short supply.. c. Outdoor recreation, including but not limited to: areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshorest beaches, and rivers and streams; and, areas which serve as links between major recreation and open-space reservations, including utility.easements, banks of rivers and streams, trails, and scenic highway corridors.

94 Patrick T. Loughman July 20, 2011 Page 14 d. The public health and safety, including, but not limited to areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality. e. The formation and continuation of cohesive communities by defining the boundaries and by helping to prevent urban sprawl. f. The promotion of efficient municipal services and facilities by confining urban development to defined development areas. g. Support of the mission of military installations that comprises areas adjacent to military installations, military training routes, and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands. h. The protection of places, features, and objects described in Sections and of the Public Resources Code Staff Comment: AlthOugh storage of lumber products could be considered consistent with and accessory to the production of forest resources (paragraph b, above), the finished lumber products to be stored on the subject site are not associated With the production of any lumber resources produced on site, or even in Ventura County-and would not be an accessory to the production of forest resources. In the subject, case, the proposed use would be accessory to an existing industrial lumber products storage - operation that is located on the adjacent M2 zoned property. As indicated above, the overarching intent of the OS zone is to provide for parcels that are "essentially unimproved". Lumber products storage on paved land is not "essentially unimproved". None of the above listed purposes of the OS zone listed above are compatible with the expansion of an existing industrial land use. Agricultural Exclusive (AE) Zone "The purpose of this zone is to preserve and protect commercial agricultural lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in Ventura County and to piotect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effects upon the agriculture industry." Staff Comment: Approximately 111/2 acres of the site (Parcel 1, Area A and Area D) contain Statewide Important soils (or did until your client paved over the land). Given that the compliance agreement requires your client to restore the land to farmable condition, the proposed Text Amendment would be inconsistent with the goal of preserving commercial agricultural lands and protecting them from the encroachment of non-related uses. Therefore, the purpose of the AE zone described above is not compatible with the expansion of an existing industrial land use. Proposed Zoning Ordinance Text Amendment Standards: Your letter indicates that the standards of the Zoning Ordinance text amendment would address any potential environmental effects of the proposed project.- We disagree. See discussion under "Environmental Review" below.

95 Patrick T. Loughman July 20, 2011 Page 15 Proposed Zoning Ordinance Text Amendment Findings: The proposed Zoning Ordinance text amendment would also require decision makers to adopt the following finding: "The timber products storage would not have a significant effect on soils designated 'Prime,' "Statewide Importance,' Unique' or 'Local importance' on the California Department of Conservation's Farmland Mapping and Monitoring Program, important. Farmland Maps..." As discussed previously, the paved over area (Parcel 1, Areas A and 0) was largely designated by the State Department of Conservation as farmland of "Statewide Importance",prior to the paving of this area. This finding could only be made if the Board of Supervisors ignores the fact that your client unlawfully created the condition that resulted in the State re-designation of this area to "Developed" land. The Board would also have to ignore the environmental document which, by Board policy, would be required to utilize the "Statewide Importance" designation as the baseline environmental condition. Further, the Com011tince Agreement requires restoration of the land to its pre-altered state if the entitlements are denied. Because of inconsistencies with the purposes of the OS and AE zone cited above and potential environmental impacts associated with the text amendnient language as currently proposed, staff would not recommend approval of the above Zoning'Ordinance text amendment. We note that it may be theoretically possible to amend the purposes. of the OS and AE zone to permit lumber storage, however, such changes would also require an amendment to the purposes of the Open Space and Agricultural General Plan land use designations. As previously noted, such changes would trigger a jfif,147.deletaġ.\0 PDX.}-. e:,14;4". Your client proposes to rezone acres from AE to OS-20 ac. The subject property (APN ) is currently acres, but after rezoning, the remainder portion of the parcel that would retain the "AE" zoning would be acres. The AE zone requires a minimum. area of 40 acres (NCZO Sec and Sec ). Thus, your proposed rezoning would be inconsistent with the standards of the Non-Coastal Zoning Ordinance. Sec of the Non-Coastal Zoning Ordinance indicates that the overarching purpose of the OS zone is to provide for parcels or areas' of land or water that are "essentially unimproved". The proposed expansion of the lumber products storage business onto the unlawfully paved portion of the property does not qualify as "essentially unimproved". The purposes of OS zoning are specifically described under "Analysis of Proposed Zoning Ordinance Text Amendment" above. Expansion of existing industrial land uses is not one of the purposes of either the OS or AE zone.

96 Patrick T. Loughman July 20, 2011 Page 16 L4s.', ;7; i; A Your 'letter states that the current use of your client's property constitutes the baseline for environmental review as reflected by the determination that the paved portion of your client's property has been recognized by the California Department of Conservation as "Developed". The County's adopted Administrative Supplement to the State CEQA Guidelines (July 13, 2010) in defining the environmental setting states that: 'Projects (actions) that were initiated without required permits or entitlements prior to Notice of Preparation or the time environmental analysis is commenced, should use a baseline physical condition that existed prior to the action being commenced in order to better protect the environment and not give advantage to a project applicant who may have violated applicable laws and regulations." The Administrative Supplement to CEQA may be found at: htto://www,ventura.orq/rma/plannino/ceqa/index.html. Thus, the baseline for the environmental docornent would be the condition that existed prior to the unlawful expansion of the adjacentiumber storage business and paving of the underlying farmland. To unlawfully alter the environment and then claim that the changed environment should be the environmental setting is contrary to the purposes of the California Environmental Quality Act (preservation ' of resources) and is not permitted by adopted County policy. Your letter further asserts that your proposed request will not have an environmental impact and indicates that the standards associated with the Zoning Ordinance text amendment would avoid potential environmental impacts. We note that the proposed standards would allow raw wood or finished lumber goods to 'be stacked up to the maximum height of accessory buildings in the AE and OS zone. This would allow a height of up to 25 feet in height pursuant to Sec The conditions of DP244-1 currently limit the height of lumber stacks to 15 feet, and only 8 feet north of the SPRR tracks (Parcel "A"). The more relaxed standards could have significant visual impacts. Additionally, the proposed standards would allow up to 10 acres of farmland to be paved over. This amount of paving could increase the rate and volume of surface water runoff and result in the permanent loss of agricultural soils. This could result in potentially significant water quality, flood control impacts and loss of agricultural soils. Your letter assumes that your project falls below the County's 10-acre threshold of significance for loss of agricultural soils. This statement is not correct. We note that pursuant to the County-adopted Initial Study AsSessment Guidelines, projects that are designated by the General Plan as "Agricultural" that would result in loss of more than 5 acres of "Prime" or soils of "Statewide Importance", more than 10 acres of "UniqUe" soils or 15 acres of "Locally Important" soils would be deemed to have a significant adverse impact. These soils are shown in Figure of the Resources Appendix of the General Plan. The paved portion of the project site (11.54 acres according to your calculation) is currently designated as "developed" land. However, prior to unlawfully paving of this property (baseline physical condition) it was largely designated by the

97 Patrick T. Loughman July 20, 2011 Page 17 Department of Conservation as "Statewide important" agricultural soil as reflected in the County General Plan. Additionally, since the Compliance Agreement signed by your client requires that the paved area be restored to its prior condition, the project, if approved, would result in loss of more than 5 acres of "Statewide Important" soil and would thus result in a significant project impact. Additionally, since the proposed text amendment would allow other properties to be used for timber product storage on paved over farmland, the project would also have a cumulatively significant impact. Thus, an environmental impact report would be required to address project and cumulative impacts on agricultural soils. Your fetter also states that since Parcel 1, Area D would be legally used for parking, mulching operations, equipment staging, etc., for the adjacent Christmas tree farm, that no additional environmental review would be necessary for the re-designation and rezoning of this 1.02 acre parcel. This is also not correct. The environmental document would have to evaluate the potential effects associated with rezoning of this parcel from AE to OS which allows more intensive land uses that the AE zone and the additional loss of agricultural soils associated with the proposed use of this property. Additionally, the proposed text amendment could set a precedent for the conversion of Open Space and Agricultural-designated lands to urban land uses and may result in growth inducing impacts. Furthermore, your client's proposed text amendment allows storage of raw wood or finished lumber goods on up to ten acres of AE or OS zoned properties so long as the sites are adjacent to an existing lumber processing operation. Lumber processing operations are allowed in M2 and M3 zoned properties. Thus, the environmental document must examine and disclose whether there are other vacant.m2 or M3 zoned parcels that could be used kir lumber processing adjacent to OS or AE zoned land in order to determine the potential cumulative impact of your proposed text amendment. W.441. rg,.0,141d)::/414'4w, Pursuantto the Compliance Agreement signed by your client, the agreement was to expire by July 15, 2011; however, if a discretionary entitlement was submitted to the County by June 15, 2011 that would allow additional land uses on the paved portion of the property, the deadline for removing the paving withdrawing the two appeal cases would be extended until County decision-makers have considered the application(s). The pre-submittal application (the subject of this letter) is essentially an opportunity for an early review by County staff to identify potential obstacles and concerns that may be raised during the formal review of any discretionary application(s). Nonetheless, since this pre-submittal application largely would have met the requirements for a GPA/Zoning Ordinance Text Amendment application, we have determined that if a GPA/Zoning Ordinance text amendment screening application is actually submitted by August 1, 2011, we will consider your client to still be in compliance with the requirements of the Compliance Agreement. If a GPA application is not submitted by this date, or if the

98 Patrick T. Loughman July 20, 2011 Page 18 Board of Supervisors does not authorize further analysis and review at the Screening hearing, the Compliance Agreement will be deemed expired and your clients will be given a limited period of time to restore the paved area of.the subject property to farmable condition (consistent with the pre-violation condition of the site as determined by the Planning Director in consultation with the County Agricultural Commissioner). Failure to abide by the requirements of the Compliance Agreement exposes'your -client to imposition of fines and other penalties pursuant to the County's Civil Administrative Penalty Ordinance. To submit a General Plan Amendment and Zoning Ordinance Text Amendment screening application, please contact Winston Wright at (805) Currently, such an application would require an initial $6,000 deposit ($3,000 for a General Plan Amendment, $3,000 for a Zoning Ordinance Text Amendment) plus an additional $2,000 nonrefundable fee for enforcement/compliance related actions. If the Board approves the Screening, additional fees will.be required for the associated Zone Change and Conditional Use Permit. Note Oat your client's actual permit processing cost will be based on the County staff contract hourly rate (currently $ per hour) multiplied by the total time spent on the projed. Given the complexity of your request, the total permit cost could be substantially higher than the initial deposit. Additional consultant fees related to preparation of an Environmental Impact Report, public hearing legal notice costs and Fish & Game fees would also be passed on to your client, where applicable. Note that permit fees and charge rates will be adjusted in August. If you have any questions concerning this letter, please contact me at (805) or by at bruce.smith(aventura.orq. We would be happy to arrange a meeting With you'to discuss the responses contained in this letter, but we encourage you to file your formal application for General Plan Screening by the August 1, 2011 deadline if you wish to continue this process. If you wish to file a screening application but are unable to meet the August 1, 2011, deadline, please contact me ahead of time as I can authorize a brief one or two week delay. Sincerely, Bruce Smith, Manager Plans, Ordinances and Regional Planning Section Ventura County Planning Division Cc: Office of Supervisor Parks Kim Prilihart Director, Planning Division Brian Baca - Manager, Commercial and Industrial Permits Section, Planning DiviSion Dennis Hawkins Senior Planner, Planning Division

99 RESOURCE MANAGEMENT AGENCY county of ventura Planning Division Kimberly L Prillhart Director October 25, 2011 Board of Supervisors 800 South Victoria Avenue Ventura, CA SUBJECT: Public Hearing Regarding Proposed Text Amendment ZN to the Non-Coastal Zoning Ordinance to (1) Establish Timber Product Storage as a Conditionally Permitted Use in the Agricultural Exclusive (AE) Zone; and (2) Allow Christmas Tree Sales as an Accessory Use Within the AE Zone Filed by Hagle Lumber Company Recommended Actions: DENY the Hagle Lumber Company proposed Non-Coastal Zoning Ordinance (NCZO) text amendment for the following reasons and as explained below: a) Storage of finished lumber on land designated Agricultural by the County General Plan is inconsistent with the applicable General Plan's Farmland Resources and Land Use goals and policies. b) Storage of finished lumber in the AE zone is inconsistent with the purpose of the AE zone as described in the NCZO. c) Christmas tree sales are already permitted uses in the AE Zone. d) The proposed NCZO text amendment does not constitute "good planning" and is inconsistent with the Save Open-Space and Agricultural Resources (SOAR) Ordinance; and APPROVE a resolution of the Board of Supervisors denying NCZO Text Amendment ZN I (Exhibit 4). Fiscal/Mandate Impact: This item has no fiscal impact on the General Fund for FY 2012 or future years. This item does not involve any Federal or State mandates or modify any local mandates. Discussion: Section (d)(2) of the NCZO allows an interested person, property owner or the owner's representative to file an application for a NCZO text amendment in which case such person shall be directed to make the request directly to the Board of Supervisors." Specifically, the purpose of this Board letter is to: (1) inform your Board about the Hagle Lumber proposed NCZO text amendment; (2) analyze whether this proposal is consistent or inconsistent with applicable Ventura County General Plan (General Plan) goals, policies 800 South Victoria Avenue, L# 1740, Ventura, CA (805) Fax (805) Printed on Recycled Paper County of Ventura Planning Commission Hearing AP & AP Exhibit 18 Board Letter Regarding ZN (October 25, 2011)

100 October 25, 2011 Board of Supervisors Page 2 of 14 and programs; (3) determine if the proposal furthers public health, safety and welfare and good planning practice; and (4) offer a recommendation for your Board's consideration, A. Applicant Ralph and Mary Hagle Hagle Lumber Company 3100 Somis Road Somis, CA B. Background The applicant currently operates a wholesale lumber yard on land located within the Somis Existing Community, which is zoned M2 (Limited Industrial). The applicant also operates a Christmas tree farm on an adjacent parcel that is zoned AE and designated Agricultural by the General Plan. Between 1992 and 2005, Nagle Lumber incrementally paved approximately 11.5 acres of Agricultural-designated/AE-zoned land and expanded its wholesale lumber yard operations in violation of both the NCZO and the conditions of Nagle Lumber's discretionary entitlement (Planned Development Permit No. DP-244-1). Following County zoning code enforcement actions on these violations, Hagle Lumber is now subject to a Compliance Agreement (CA ), which is attached as Exhibit 2 and incorporated herein by reference, to abate violations involving the illegal expansion of the commercial lumber yard on AE zoned land. Pursuant to this Compliance Agreement, Hagle Lumber must restore the paved-over 11.5 acres to farmable condition; however, Nagle Lumber may avoid this restoration if its application for a discretionary land use permit to allow the paved-over area to remain is accepted and approved by the County. The subject NCZO text amendment application before your Board is Nagle Lumber's attempt to remedy the zoning and land use entitlement violations by changing the terms and conditions of the AE zone to allow for the existence and expansion of the Hagle Lumber wholesale lumberyard onto land zoned AE and designated Agricultural by the General Plan. C. Description of NCZO Text Amendment Request The proposed text amendment (Attachment 3 to Exhibit 1) would make two major changes to the NCZO. The first major change would modify the NCZO Use Matrix (8105-1) to allow "timber product storage" in the AE zone, subject to a Conditional Use Permit (CUP) and subject to proposed standards for timber product storage. Specifically, the proposed changes would add the following new definitions to the NCZO: "timber product(s) Raw wood materials and finished lumber goods." "timber product(s) storage The placement or keeping in an area not fully enclosed by the walls of a building, timber products held for short duration pending processing and shipment to final destinations, irrespective of where such wood is grown but where sales, manufacturing and processing activities are specifically excluded."

101 October 25, 2011 Board of Supervisors Page 3 of 14 Next, the proposed text amendment would create a new land use category in the Zoning Matrix for "Lumber and Wood Products and Processes". The existing land use category "Firewood Operations", currently listed separately, would become a subcategory under Lumber and Wood Products and Processes, and a new subcategory, "Timber Product Storage" would be added as a use permitted in the AE zone, subject to approval of a Planning Director-approved CUP. These proposed changes would be accompanied by a new section to be added to NCZO Article 7 (Standards for Specific Uses) that would establish the following limitations, standards and findings required for approval of a Timber Product Storage use in the AE zone: "Sec Limitations The storage of timber products in the AE zone as provided in Sec shall only be allowed in conjunction with lawfully permitted lumber processing operations performed on contiguous non-agriculturally zoned land (e.g., M2), subject to the following limitations: a. The lumber processing operations and timber product storage must be contained on land under common ownership. b. The storage shall be limited to timber products held for short duration pending processing and shipment to final destinations. c. The timber products may be stored within covered structures provided that the lot coverage of such structures does not collectively exceed 5% of the total property. d. The Timber products shall not be stored above the height of (i) fifteen feet; or (ii) the height prescribed for accessory structures within the underlying zone district. e. The area of land devoted to timber storage shall not exceed a total of ten acres and no more than five acres may have an impervious surface. f. No fabrication, manufacturing or retail activities of any kind shall be allowed in connection with timber product storage on the property." "Sec Findings In addition to the findings required by Sec , a Conditional Use Permit shall not be approved unless the decision-making body having permit jurisdiction is able to make all of the following findings: a. The timber products storage will not have a significant effect on soils designated "Prime", Statewide Importance," "Unique" or "Local Importance" on the California Department of Conservation's Farmland Mapping and Monitoring Program, Important Farmlands Maps, or on land governed by a Land Conservation Act (LCA) contract, as such impact and significance thresholds are defined in the Ventura County Initial Study Assessment Guidelines ("Guidelines").

102 October 25, 2011 Board of Supervisors Page 4 of 14 b. The Timber Product Storage, as conditioned, is compatible with adjacent agriculture, Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance ( edition') including but not limited to such factors as water runoff, siltation, erosion, dust, introduction of pests and diseases, and the potential for trespassing, pilferage, or vandalism, as well as conflicts between agriculture and non-agricultural uses including, but not limited to vehicular traffic and the application of agricultural chemicals to agricultural property. c. Extenuating circumstances exist that warrant or provide good cause for allowing timber product storage on AE land including, but not limited to, attributes specific to the project site including, but not limited to, parcel size and land use constraints that limit agricultural productivity as discussed in Section , Resources Appendix to the County General Plane " The second major change would alter the NCZO in order to allow Christmas tree sales as an accessory use in the AE Zone. This would be accomplished by amending the Zoning Matrix (NCZO ) to add Christmas Tree Sales as an explicitly permitted accessory use to agriculture and animal husbandry uses in the AE Zone, subject to a Zoning Clearance and subject to the existing standards for Christmas Tree Sales set forth in NCZO Sec , D. Planning Division Staff Analysis of Proposed NCZO Text Amendment Request Pursuant to NCZO Section , the NCZO "may be amended by the Board of Supervisors whenever the public health, safety, or general welfare, good zoning practice and consistency with the General Plan justify such action..." In the following paragraphs, the Planning Division evaluated the proposed amendment to the NCZO text in light of these legal standards to help your Board's decision-making on this matter. 1. Consistency with General Plan Under Government Code section , a jurisdiction's zoning ordinance must be consistent with its General Plan. Thus, in order for the proposed text amendment to be approvable by your Board, it must not conflict with the purpose of the Agricultural land use designation or any relevant policies set forth in the General Plan Goals, Policies and Programs. The purpose of the Agricultural land use designation is defined by the General Plan as follows: Staff Note: This is not the current version of the NCZO. We would not recommend that the NCZO text amendment reference a particular version of the Zoning Ordinance that existed in the past. This would create difficulties for administrating the Zoning Ordinance. 2 Section of the General Plan Resources Appendix discusses the effects of parcel sizes on agriculture and concludes that irrigated agriculture should ideally be a minimum of 40 acres to remain viable, while dry land farming should require at least 80 acres to remain viable. The applicant may have intended to cite Resources Appendix Section which describes factors which effect agricultural economic viability. 3 "County or city zoning ordinances shall be consistent with the general plan of the county or city. " (Government Code section 65860, subdivision (a))

103 October 25, 2011 Board of Supervisors Page 5 of 14 "The Agricultural designation is applied to irrigated lands which are suitable for the cultivation of crops and the raising of livestock. Because of the inherent importance of agriculture as a land use in and of itself, agriculture is not subsumed under the Open Space land use designation, but has been assigned a separate land use designation." General Plan goals and policies related to Farmland Resources and land designated Agricultural are as follows: Goal "Preserve and protect irrigated agricultural lands as a nonrenewable resource to assure the continued availability of such lands for the production of food, fiber and ornamentals." Policy "Discretionary development located on land designated as Agricultural and identified as Prime Farmland or Farmland of Statewide Importance on the State's Important Farmland Inventory, shall be planned and designed to remove as little land as possible from potential agricultural production and to minimize impacts on topsoil." The proposed zoning ordinance text amendment would allow a permanent industrial use (i.e., timber product storage) on ten acres of AE zoned land that, if the applicant had not unlawfully paved, would still be classified as Farmland of Statewide lmportance4. Therefore, the proposed project cannot reasonably be read to "preserve and protect" agricultural land. The proposed text amendment would also not "remove as little land as possible from potential agricultural production" and would not "minimize impacts on agricultural topsoil," Thus, the proposed text amendment would contradict the plain meaning of the above described General Plan Farmland Goal and Policy 1.6,2-1. Additionally, the following General Plan land use goals and policies help to explain the nature and purpose of the General Plan Agricultural land use designation: Goal Agricultural: "(1) Identify the farmlands within the County that are critical to the maintenance of the local agricultural economy and which are important to the State and Nation for the production of food, fiber and ornamentals. (2) Preserve and protect agricultural lands as a nonrenewable resource to assure their continued availability for the production of food, fiber and ornamentals. 4 The soil underlying the paved portion of the Hagle property is Sorrento silty clay loam and is comprised of gently sloping soil of the alluvial fans It has about 60 inches of effective rooting depth and is often used for citrus, field crops and walnuts. It is described as good to very good agricultural soil (Soil Survey, Ventura County, United States Department of Agriculture, Soil Conservation Service, 1970). Based upon the analysis contained in this report, the Nagle property was designated "Farmland of Statewide Importance". Subsequent to Hagle's unlawful paving of the property between 1992 and 2005, the Department of Conservation reclassified the land as 'developed" This classification recognizes that the land is no longer available for agriculture, but does not consider whether the land's alteration was lawfully implemented.

104 October 25, 2011 Board of Supervisors Page 6 of 14 (3) Maintain agricultural lands in parcel sizes which will assure that viable farming units are retained. (4) Establish policies and regulations which restrict agricultural land to farming and related uses rather than other development purposes. (5) Restrict the introduction of conflicting uses into farming areas." Policy Agricultural: ft(1) The Agricultural land use designation shall primarily include lands which are designated as Prime Farmlands, Farmlands of Statewide Importance or Unique Farmlands in the State's Important Farmland Inventory (IR), although land may not be designated Agricultural if small areas of agricultural land are isolated from larger blocks of farming land (in such cases, the agricultural land is assigned to the Open Space or Rural designation of the surrounding properties). (2) The smallest minimum parcel size consistent with the Agricultural land use designation is 40 acres. Subzones may require larger minimum parcel sizes. (3) Agricultural land shall be utilized for the production of food, fiber and ornamentals; animal husbandry and care; uses accessory to agriculture and limited temporary or public uses which are consistent with agricultural or agriculturally related uses." Wholesale lumber yards, such as that operated by Hagle Lumber, are only permitted in the Limited Industrial (M2) zone with a Planning Director-approved Conditional Use Permit (NCZO Sec ). The purpose of M2 zoning is "to provide suitable areas for the development of a broad range of industrial, and quasi-industrial activities of a light manufacturing, processing or fabrication nature, while providing appropriate safeguards for adjoining industrial sites, nearby nonindustrial properties and the surrounding community" (NCZO ). M2 zoning is consistent with the "Urban" or "Existing Community" land use designation. Such land use designations are utilized for commercial and industrial land uses and higher density residential development which is planned for an urban center, or in the case of Existing Communities, are reflective of existing land uses in unincorporated areas which have developed with urban building intensity and urban land uses. By contrast, the Agricultural land use designation is intended to ensure that agricultural land within Ventura County continues to be available for the cultivation of food, fiber, and ornamentals. Agricultural land should be maintained for farming and related uses. The introduction of unrelated or conflicting uses onto farmland is restricted by General Plan Land Use Policy (3). Other uses are allowed on agricultural land as accessory uses only if they are consistent with the land's agricultural purpose. For example, timber growing and harvesting is allowed as an agricultural related use in the AE zone by the Zoning Matrix (NCZO Sec ). Thus, the storage of timber grown on the same site (or Christmas trees, in the case of the Hagle Christmas tree farm) would be considered accessory and related to agriculture operations. However, the proposed storage of finished lumber, which was not grown onsite and was

105 October 25, 2011 Board of Supervisors Page 7 of 14 processed at a distant lumber mill and was then transported to Ventura County for resale, is not considered accessory to agriculture, but is only associated with the adjacent urban/industrial wholesale lumber operation owned and operated by the affiliated Nagle Lumber Company. When viewed in light of the foregoing General Plan goals and policies, the proposed text amendment would: (1) Result in loss of important farmland; (2) Introduce an unrelated urban/industrial land use onto Agricultural designated land; (3) Be inconsistent with the purpose of Agricultural designated land in the General Plan; and (4) Conflict with several existing agricultural goals and policies of the General Plan. The Agricultural Commissioner concurs with this assessment of the proposed zoning ordinance text amendment. See Exhibit 5. However, if your Board determines that this privately-initiated NCZO text amendment may be approved, Planning Division staff recommends that your Board direct the applicant to make an application for a concurrent amendment to the General Plan to change the definition and purpose of the Agricultural land use designation so that the NCZO text amendment for a commercial/industrial use like finished lumber storage activities might be consistent with the General Plan. 2. Application of SOAR Ordinance The SOAR Ordinance was adopted by the countywide electorate in November 1998 and is a part of the General Plan. SOAR requires a vote of the countywide electorate for any redesignation of land designated Agricultural, Open Space and Rural by the General Plan. Less well known, SOAR also generally requires a vote of the people when the goals, policies or other provisions of the General Plan relating to Agricultural, Open Space and Rural land use designations are amended. The general prohibition on changing Agricultural, Open Space and Rural land use designations in the SOAR ordinance states: "(a) The provisions setting forth the Agricultural, Open Space and Rural land use designations, and the goals and policies as they specifically apply to those land use designations in Sections 3.1 and 3.2 of this General Plan shall not be further amended unless such amendment is approved by vote of the people or by the Board of Supervisors pursuant to the procedures set forth herein." Your Board may, however, change provisions of the General Plan that apply to Agricultural designated land, without a vote of the people, only if it can make the following specific findings in subsection (h) of the SOAR Ordinance: "(h) The Board of Supervisors, without a vote of the people, may amend the provisions of the General Plan which apply to the Agricultural, Open Space or Rural designations, as set forth in subsection "a", above, for the express purpose of further protecting and preserving resources identified in the General Plan, provided that said amendment(s) are consistent with the

106 October 25, 2011 Board of Supervisors Page 8 of 14 Findings and Purpose of the ordinance adopting these provisions of the General Plan" (Emphasis added). When the proposed Hagle Lumber project is viewed in light of SOAR Ordinance subsection (h), Planning Division staff does not have any substantial evidence showing how a finished lumber storage facility on agricultural land is "further protecting and preserving [agricultural] resources identified in the General Plan." Instead, Planning Division staff has determined that the proposed Hagle Lumber NCZO text amendment, if enacted, would liberalize the existing General Plan standards for agricultural lands by allowing industrial uses to be established on and encroach upon agricultural designated land. Thus, the Planning Division believes that the use of subsection (h) of the SOAR Ordinance would not be available for the Hagle Lumber proposal. The applicant's representative has asserted that a SOAR vote would not be required because: (1) the subject land has not been used for farming for more than two years; (2) the subject land is currently unsuitable for agriculture; (3) a portion of the property is impaired by flood waters and riparian habitat; and (4) the land is uneconomic as agricultural land as there are only 29 acres of farmable land that could be used for agriculture, which is below the 40-acre minimum parcel size requirement for Agricultural land in the General Plan. These arguments for why SOAR Ordinance subsection (a) does not apply to the Hagle Lumber proposal is based upon language found in subsection (f) of the SOAR Ordinance. This subsection allows your Board, without a vote of the people, to change Agricultural designated land to the Open Space designation, if it can make the particular findings set forth in subsection (f) of the SOAR Ordinance which provides: "(t) The Board of Supervisors, without a vote of the people, may redesignate Agricultural designated properties to Open Space if the Board of Supervisors makes all of the following findings supported by substantial evidence: (i) The land proposed for redesignation has not been used for agricultural purposes in the past 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons; (ii) The land proposed for redesignation is immediately adjacent to areas developed in a manner compatible with the uses allowed under Open Space; (ill) Adequate public services and facilities are available and have the capacity and capability to accommodate the Open Space uses allowed; (iv) The proposed redesignation is compatible with agricultural uses, does not interfere with accepted agricultural practices, and does not adversely affect the stability of land use patterns in the area; and (v) The land proposed for redesignation does not exceed 40 acres for any one landowner in any calendar year, and one landowner may not obtain redesignation pursuant to this subdivision (t) more often than every other

107 October 25, 2011 Board of Supervisors Page 9 of 14 year. Landowners with any unity of interest are considered one landowner for purposes of this limitation." On a threshold basis, this argument fails because SOAR Ordinance subsection (f) only applies to redesignation of Agricultural land to Open Space. Subsection (f) does not apply to a redesignation of Agricultural in order to expand an Existing Community or to amend the goals, policies or other provisions of the General Plan. Because the Hagle Lumber proposal seeks to do both of these things, subsection (f) of the SOAR Ordinance is not available for this project. Moreover, the ten-acre portion of the Hagle property proposed for lumber storage has not been farmed for several years because the applicant chose to pave over the land which made the land unsuitable for farming. The lack of farming on the subject property is not because of any naturally occurring conditions or conditions outside of the applicant's control which is what is required to show that subsection (f) finding. If the applicant restores the land to farmable condition as required by the Compliance Agreement (Exhibit 2), the ten acres would be suitable for farming (or expansion of the adjacent Christmas tree farm, or any number of other agriculturally-related uses). Although approximately 8 acres of the parcel is subject to flooding and/or contains riparian vegetation, the balance of the property (29.37 acres) is potentially farmable. Currently 19 acres of this area is utilized for a Christmas tree farm. Although the farmable land owned by Hagle Lumber is smaller than the 40-acre minimum parcel size requirement for creation of new parcels in the Agricultural designation, this does not automatically mean that the parcel is not economically viable for agriculture. Nor does substandard parcel size disqualify the parcel for Agricultural designation. It should be noted that there are 2,787 substandard AEzoned/Agricultural designated parcels in Ventura County. These substandard parcels total 15,109 acres or 7.4 percent of the Agricultural designated land in Ventura County. Given the above terms and conditions and options within the SOAR Ordinance, Planning Division staff has determined that the General Plan amendment needed to make the proposed NCZO amendment consistent with the General Plan would not further protect agricultural resources, but would instead reduce General Plan protections of agricultural designated lands by introducing a new, urban land use onto Agricultural designated land. However, if your Board decided to adopt such a General Plan amendment for the purposes of enabling the proposed zoning text amendment to be consistent with the General Plan, Planning Division staff would then recommend that your Board follow the path set forth in SOAR Ordinance subsection (c). Subsection (c) provides: "The Board of Supervisors, following at least one public hearing for presentations by an applicant and the public, and after compliance with the California Environmental Quality Act, may place any amendment to land use designations of Agricultural, Open Space or Rural, or any provision, goal or policy as set forth in subsection "a", above, on the ballot pursuant to the mechanisms provided by State Law."

108 October 25, 2011 Board of Supervisors Page 10 of 14 Under this scenario, the General Plan amendment would be placed on the ballot for the public's consideration. The General Plan amendment to amend either the land use designation or any goal, policy or other provision of the General Plan must first be analyzed for potential significant environmental impacts pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code et seq.). If this project does not qualify for either a statutory or categorical exemption from CEQA, the CEQA document would need to, at a minimum: (1) address the potential impact of such a change in land use designation to agriculture land and activities; (2) analyze the potential urban growth inducing impacts of allowing industrial development and land uses on agricultural land use designated land; and (3) any other potentially significant environmental impacts identified through the Initial Study process. Note that according to the County Elections Division, the cost of placing such an item on the ballot for a vote could range from $300,000 to $1,200,000, depending upon the timing (general vs. special election) and the number of other items on the ballot. 3. Consistency with Purpose of Agricultural Exclusive (AE) Zone Not only must the proposed zoning ordinance text amendment be found to be consistent with the General Plan goals, policies and program and not run afoul of applicable SOAR Ordinance provisions, it must also be consistent with the purpose of the AE zone. Section of the NCZO identifies the purpose of the AE zone as follows: "The purpose of this zone is to preserve and protect commercial agricultural lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in Ventura County and to protect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effects upon the agriculture industry." The proposed NCZO text amendment would permit Hagle Lumber to expand its industrial wholesale lumber products business into and onto AE zoned land. As previously noted, the lumber products proposed for storage on the subject site are not related to timber grown and harvested on site or even within Ventura County. The proposed finished lumber storage is an urban/industrial type of land use associated with the adjacent industrial wholesale lumber operation owned by Hagle Lumber. Therefore, the proposed NCZO text amendment would be inconsistent with the goal of preserving commercial agricultural lands and protecting these lands from the encroachment of non-related uses. The applicant asserts that finished lumber storage should be permitted on AE zoned land because it is similar to "firewood operations". Firewood operations are a permitted use in the AE zone, While firewood and finished lumber are both made of wood, firewood operations are a reasonable accessory use to growing and harvesting of timber, which is an allowed land use in the AE zone. In contrast, Hagle's finished lumber is not locally grown and has undergone an industrial milling process. It should be further noted that the AE zone of the NCZO only allows "packing, storage or preliminary processing" of crop and orchard production for subsequent transportation to market, and excludes storage or processing of products derived from crop or orchard production (e.g., canning/bottling or storage of processed food). Finished lumber is a

109 October 25, 2011 Board of Supervisors Page 11 of 14 highly processed and finished product and therefore the proposed amendment is inconsistent with the current "preliminary processing" limitation. Storage of finished lumber may also be considered to be similar to "temporary storage of building materials". The NCZO does allow temporary storage of building materials in the AE zone. However the standards of the Zoning Ordinance (NCZO Sec ) only permit onsite temporary storage of building materials when a valid Zoning Clearance and Building Permit allowing such construction are in force. Temporary building materials storage is only permitted during onsite construction and for 45 days afterward. Since the applicants finished lumber is not for onsite construction, temporary storage of building materials would not be applicable to the applicant's wholesale lumber yard operation. Storage of finished lumber is more closely related to "open storage" which is also allowed in the AE zone. However, the standards of the Zoning Ordinance (NCZO Sec ) limit the amount of open storage to one percent of the total area or 1,000 square feet maximum. The applicant is requesting 10 acres of open storage which equals 435,600 square feet of open storage. Thus, open storage would not be applicable to the applicant's wholesale lumber yard operation. Storage of finished lumber is not related to agriculture, and has the potential to impact the agricultural industry by removing land from current or future agricultural use and increasing non-agricultural activity in the AE zone, See Exhibit 5 Memorandum from Rudy Martel, Agricultural Commissioner's Office, to Dennis Hawkins, dated October 12, 2011, Thus, if finished lumber product storage is allowed in the AE zone, there would be a conflict with the stated purpose of the AE zone leading to an inconsistency with the NCZO. Therefore, in order to make this privately-initiated NCZO text amendment consistent with the purpose of the AE zone, your Board could approve further processing of the proposed Zoning Ordinance text amendment, conditioned upon a further amendment to the NCZO to change the purpose of the AE zone in order to accommodate industrial type uses such as finished lumber storage activities. However, as indicated under sections 1 and 2 above, an amendment to the purpose of the AE zone will also have an impact on the General Plan Agricultural land use designation which would then necessitate a vote of the countywide electorate under the provisions of the SOAR Ordinance. 4. Christmas Tree Sales is Already a Permitted Use in the AE Zone The applicant currently operates a Christmas tree farm on AE zoned land adjacent to the ten-acre paved area proposed for finished lumber storage. The NCZO explicitly permits Christmas tree sales as a retail trade use in the C1 (Limited Commercial) and CPD (Commercial Planned Development) zones subject to the standards set forth in Article 7. These standards limit Christmas tree sales as a temporary retail use during the holiday season (NCZO Sec and Sec ). Additionally, the NCZO defines "timber" as follows: "Timber Trees of any species maintained for eventual harvest for forest product purposes, whether planted or of a natural growth, standing or down, on privately or

110 October 25, 2011 Board of Supervisors Page 12 of 14 publicly owned land, including Christmas trees but excluding nursery stock" (Emphasis added). "Timber growing and harvesting and compatible uses" is permitted in the OS, AE, RA, RE and TP zones. Since timber (i.e., Christmas tree) growing and harvesting and compatible uses are permitted in these zones, Christmas tree sales are also permitted as a compatible accessory use in these zones. A small agricultural sales facility (up to 500 square feet) is allowed with a Zoning Clearance, while a larger agricultural sales facility (up to 5,000 square feet) requires a Conditional Use Permit. In summary, the NCZO already permits Christmas tree farms in the AE zone. Therefore, an amendment to allow Christmas tree sales in the AE zone is unnecessary. 5. Amending the Zoning Ordinance to Allow Expansion of industrial Lumber Processing Operation in the AE Zone Does Not Constitute Good Zoning Practice The Hagle Lumber Company unlawfully expanded its wholesale lumber yard onto the adjacent agricultural designated/ae zoned land in violation of both the NCZO and the discretionary permit conditions for the Hagle Lumber wholesale lumber yard. To rectify these violations, as allowed under a Compliance Agreement, the applicant has proposed an ordinance amendment that will allow an existing lumber processing operation operating on M2 zoned land (i.e., Hagle Lumber) to expand lumber storage up to ten acres into adjacent AE zoned land. Amending the Zoning Ordinance to allow only the Hagle Lumber Company to utilize agricultural land for industrial expansion rather than processing a General Plan Amendment and zone change from Agricultural designation/ae zone to Existing Community designation/m2 zone does not comport with "good zoning practice" as required by NCZO Section It is not good zoning practice because such a change would confer a special privilege or benefit to Hagle Lumber that would not be conferred on other properties in the same vicinity and zone. This would amount to a variance of the zoning code without meeting the conditions for a variance in NCZO In addition, the proposed text amendment may set a precedent for 5 Before any variance may be granted, the NCZO requires that the applicant establish, and the decision-making authority must determine, that all of the following standards are met: "a. That there are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography, location or surroundings, which do not apply generally to comparable properties in the same vicinity and zone; and b That granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and c. That strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and d. That the granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and e. That the granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the County's Hazardous Waste Management Plan (CHWMP) which identify specific sites or siting criteria for hazardous waste facilities."

111 October 25, 2011 Board of Supervisors Page 13 of 14 other future amendments to the Zoning Ordinance that would permit non-agricultural related/industrial uses in the AE Zone. However, if your Board wishes to legitimize the expansion of Hagle Lumber into the adjacent agricultural area, a more straightforward approach would be to have Hagle Lumber file an application for an expansion of the Somis Existing Community, and rezone the expansion area from AE to M2. This option also requires a SOAR vote, but would not require an ordinance text amendment to permit lumber storage in the AE zone, would not require amending the purpose of the AE zone and would not require an amendment to the purpose of the Agricultural land use designation of the General Plan. The Planning Division has suggested this approach to Hagle Lumber in a letter. (Exhibit 3 - Letter from Bruce Smith to Robert Loughman, dated July 20, 2011). Recommended Action Based upon the foregoing analysis, Planning Division staff recommends the Hagle Lumber Company proposed NCZO text amendment be DENIED for the following reasons: a) Storage of finished lumber on land designated Agricultural by the General Plan is inconsistent with the General Plan Farmland Resources and Land Use goals and policies. b) Storage of finished lumber in the Agricultural Exclusive (AE) zone is inconsistent with the purpose of the AE zone as described in the NCZO. c) Christmas tree sales are already permitted uses in the AE Zone. d) The proposed NCZO text amendment does not constitute "good planning" and is not consistent with the SOAR Ordinance; and APPROVE a resolution of the Board of Supervisors denying NCZO Text Amendment ZN Pursuant to NCZO , a Board Resolution announcing the recommended denial decision is attached as Exhibit 4. Other Options Nonetheless, if your Board determines that the proposed text amendment warrants additional analysis and environmental review, your Board could direct staff to prepare the appropriate environmental document and process the proposed text amendment as required by the California Environmental Quality Act (CEQA) and Government Code Sections 65853, et seq. This would require additional public hearings on this matter by the Planning Commission and the Board of Supervisors. However, amending the NCZO text, as currently proposed by the applicant, would create an internal inconsistency within the NCZO in that the proposed text would be in conflict with the purpose of the AE zone (NCZO Section states that the purpose of the AE zone is to preserve and protect agricultural land as a limited and irreplaceable resource and protect agricultural lands from the encroachment of nonrelated uses). To correct this internal inconsistency, the applicant may wish to amend his zoning ordinance text amendment application to include an amendment to the purpose of the AE zone so that an expansion of some industrial uses (e.g., timber products storage) in the AE zone does not create an internal inconsistency within the NCZO. Additionally, since a change to the

112 October 25, 2011 Board of Supervisors Page 14 of 14 purpose of the AE zone would also create a conflict with the County General Plan, the applicant may also wish to file an application for a General Plan amendment to address any conflicts with the provisions of the County General Plan Goals, Policies and Programs. These changes would require additional public hearings on this matter by the Planning Commission and the Board of Supervisors and would likely require a ballot measure pursuant to the SOAR Ordinance. Alternatively, your Board could deny the proposed text amendment and recommend that the applicant file a General Plan amendment to change the General Plan land use designation from Agricultural to Existing Community and file a Zone Change to rezone the Nagle property from AE to M2. This would require a ballot measure pursuant to the SOAR Ordinance. Public and Jurisdictional Review A notice of the public hearing regarding the proposed ordinance amendment was published in the Ventura County Star. As of the date this letter was prepared no letters have been received regarding this hearing. However, a memorandum from Rudy Martel (Agricultural Commissioner's Office) has been received. Mr. Martel indicates that the Agricultural Commissioner's Office does not support allowing finished lumber storage in the AE zone (Exhibit 5). This item has been reviewed by the County Executive Office, the Auditor-Controller's Office and County Counsel. If you have any questions regarding this item, please contact Dennis Hawkins, General Plan Section, at or via at dennis.hawkinsventura.org. (_f ifrpberly L. iillhart, Planning Director Attachments: Exhibit 1 - Letter from Patrick T. Loughman to Supervisor Linda Parks, dated August 15, 2011 Attachment 1 - Legislative Amendment Application Forms Attachment 2 Supporting Narrative Attachment 3 Graphic Exhibits (including proposed text amendment) Exhibit 2 - Compliance Agreement (CA ) Exhibit 3 Letter from Bruce Smith to Patrick T. Loughman, dated July 20, Exhibit 4 Board Resolution Denying Proposed Zoning Ordinance Text Amendment Exhibit 5 Memorandum from Rudy Martel (Agricultural Commissioner's Office), dated October 12, 2011

113 PAUL A. mrt,t.er ALAN R, TEMPLEMAN PATRICK T. LOUGHMAN DENNIS KUTTLER DARIN MARX FRANK CORRAL BRETT C, TEMPLEMAN JEFFREY D. JOHNSEN LAW OFFICES OF LOWTHORP, RICHARDS, McMILLAN, MILLER & TEMPLEMAN A PROFESSIONAL CORPORATION 300 ESPLANADE DRIVE, SUITE 850 OXNARD, CALIFORNIA PARALEGALS MAILING ADDRESS: ELIZABETH T LADIANA, CLA POST OFFICE BOX 5167 GEORGIA K COVNER, CLA OXNARD, CALIFORNIA JAN BRYANT CRYSTAL YEAGER-KOROKNAY APR TELEPHONE FAX CARL F. LOWTHORP, JR ( ) ROBERT C MoMILLAN ( ) RICHARD A RICHARDS ( ) April 19, 2011 County of Ventura Resource management Agency Planning Division Attn: Brian Baca, Residential Permits Supervisor 800 South Victoria Ave. Ventura, CA Re: Hagle Lumber Company 3100 Somis Rd., Somis, CA Dear Mr. Baca: Thank you again for your assistance in completing the Hagle Lumber Compliance Agreement. This will serve as the property owners' proposal under Paragraph 2.e. of the Compliance Agreement to use a portion of the 11 acre paved area for "by-right agricultural uses." The proposed uses are detailed below and noted in yellow and grey on the map below. These uses, ministerial in nature, are authorized under Section of the Non-Coastal Zoning Ordinance: 1. Off-Street Parking. 3 acres to handle seasonal traffic for the Hagle Tree Farm. Parking is presently staged in the 1-acre denoted in green that is presently zoned M-2. This area is insufficient to accommodate peak demand, resulting in over-flow parking along nearby streets. Pending amendment of DP #244, the area highlighted in green will be added to the inventory of land available for lumber operations. 2. Mulching Operation. 3 acres to accommodate mulching operations performed in connection with the Hagle Tree Farm. This operation will lessen the usage and dependency on chemical weed control. In addition, mulching will also help maintain soil moisture content, there by conserving water usage. Utilizing a portion of the 11-acre area will maximize the area available for cultivation on the Tree Farm parcel. 3. Storage and Staging. 3 acres to prepare and pre-stand very large (12'-15') commercial trees grown on the premises; store farm equipment used in connection with the Hagle Tree Farm; and stockpile hay bales used each year. Equipment and hay storage would make particular use of the covered shed that occupies a portion of the of 11-acre area highlighted in grey. County of Ventura Planning Commission Hearing AP & AP Exhibit 19 Letter from Patrick T. Loughman to Brian Baca (April 19, 2011)

114 Brian Baca April 19, 2011 Page 2 of 3 4. Heavy Vehicles. 2 acres for parking and storage of large commercial vehicles related to the Hagle Lumber Operation. This allowed by operation of Sections and b. of the County's Ordinance Code (subject to the waiver provisions of Section ) insofar as a 2-acre portion of the DP #244-1 is zoned agriculture and the vehicle parking would be accessory to a non-agriculture use of the property. As provided in Paragraph 2.d., it is Mr. Hagle's further intent to apply for discretionary approval to modify the boundaries of DP #244 and allow timber storage on all or a portion of the 11-acre paved area. We expect to make application well in advance of the June 15th Compliance Agreement deadline. In the meantime, we request that the County Planning Director confirm the above by-right agricultural uses. Thank you for your consideration. Very truly yours, PTL/ia LOWTHORP, RICHARDS, McMILLAN, MILLER IC.,EM.AN A Pr..1nal rpo ation iee ATRICK T. LO GHMAN cc: Kim Prillhart, County Planning Director Chuck Anthony, County Permit Planner enclosure: Site Map

115 Brian Baca April 19, 2011 Page 3 of 3

116 RESOURCE MANAGEMENT AGENCY county of ventura Planning Division Kimberly L. Prillhart Director May 31, 2011 patriek T. Loughman Lowthorp, Richards, McMillan, Miller & Templeman P.O. Box 5167 Oxnard CA Re: Hagle Lumber Company: Response to April 19, 2011 letter Dear Mr. Loughman: We have reviewed your April 19, 2011 letter which outlines the property owners' (Mr. & Mrs. Hagle) proposal for the retention and use of the 11 acres of pavement installed on prime agricultural soils during the commission of a zoning violation (PV ). This request is made under the provisions of Paragraph 2.e of the Compliance Agreement CAI This paragraph states the County's agreement to: "Review any proposal to use a portion of the unpermitted pavement installed in the AE Zone to conduct a by-right agricultural use for consistency with the purpose and intent of the AE Zone. Any area of pavement determined by the COUNTY Planning Director to be necessary for a by-right agricultural use shall be allowed to remain. Provided below are the results of the County's review of the specific proposals listed in your April 19, 2011 letter. ANALYSIS 1. Off-street Parking (3 acres): The Hagel's propose that 3-acres of pavement be used for seasonal (peak period) parking by customers of the Hagle Tree Farm. Analysis; "Christmas Tree Sales" are specifically addressed in Section of the Non-Coastal Zoning Ordinance (NCZO), which allows "the outdoor sales of trees and wreaths for festive or ornamental purposes" during the 45-day period immediately preceding December 25th. 800 South Victoria Avenue, L# 1740, Ventura, CA (805) Fax (805) Printad on Recycled Paper County of Ventura Planning Commission Hearing AP & AP Exhibit 20 Letter from Brian R. Baca to Patrick T. Loughman (May 31, 2011)

117 Letter to P. Loughman, Hagle Lumber CA Page 2 of 5 However, pursuant to Section of the NCZO, such sales activities are only allowed in the C1 and CPD zones. Thus, this section is not applicable to the Hagle property as it is zoned AE. Specific to the AE Zone, Non-Coastal Zoning Ordinance (NCZO) sections and allow for "Small" agricultural sales facilities with a ministerial Zoning Clearance: "The total area of such facilities that is devoted to sales and display which are open and accessible to the public shall not exceed 500 square feet." In addition, NCZO sections and allow for "large" agricultural sales facilities with a Planning Director-approved Conditional Use Permit, with the following limitation: "The total area devoted to sales and display which are open and accessible to the public shall not exceed 5,000 square feet. The sales and display area may be within and/or outside a structure." NCZO section specifies that the parking requirement for a small agricultural sale facility is 3 spaces, and the parking requirement for a large agricultural sale facility is 1 space per 250 square feet. These requirements can be increased or decreased by 10 percent at the discretion of the property owner, and can be increased or decreased by 20 percent if a parking study has been prepared to assess the land use's parking needs. The proposed 3 acres of paved parking lot for "seasonal tree sales" vastly exceeds the parking needs of a by-right agricultural use (small agricultural sales facility). Planning Director Determination: The proposed retention of pavement, beyond the area needed to provide 3 parking spaces (approximately 500 square feet), is not necessary for a by-right agricultural use. 2. Mulching Operation (3 acres): It is proposed that 3 acres of pavement be used to accommodate "mulching operations performed in connection with the Hagle Tree Farm." Mr. Loughman states that "utilizing a portion of the 11-acre [paved] area will maximize the area available for cultivation on the Tree Farm parcel." Analysis: The grinding, mulching or composting of wood waste with the material produced from these activities used solely on the Hagle property (APN ) would be a by-right agricultural activity. The import of

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120 Letter to P. Loughman, Hagle Lumber CA Page 5 of 5 Thank you for your help in addressing the compliance issues associated with the Hagle property. Sincerely, Brian R. Baca, Manager Commercial and Industrial Permits Section

121 Office of AGRICULTURAL COMMISSIONER P.O. Box 3937, Ventura, CA County Square Drive Telephone: (805) 41' FAX: (805) Agricultural Commissioner Henry S. Gonzales Chief Deputy Susan L. Johnson Date: October 12, 2011 To: Dennis Hawkins Senior Planner Planning Department From: Rudy Martel Deputy Agricultural Commissioner Re: LU Hagle Lumber 3100 Souris Road Souris, Ca The Agricultural Commissioner has reviewed the application filed by Hagle Lumber Company for a Non-Coastal Zoning Ordinance text amendment and has considered the comments received from your department regarding the fact that Hagle Lumber Company unlawfully paved over more than 11 acres of farmland zoned AE in order to expand an industrial use into an agricultural area_ We recognize further that the lumber was not harvested or milled in Ventura County and we feel that this has the potential to set an undesirable precedent for expansion of other nonagricultural uses in the AE zone. While we recognize that this will result in an increased business expense for the Hagle Lumber company in the current economic downturn we find that we cannot agree with the proposed use of AE land for the storage of finished lumber products. We regret any confusion that this has caused with regard to what was perceived as our former position and we are happy to discuss this further if you think it is necessary. You may contact me at extension 222. County of Ventura Planning Commission Hearing AP & AP Exhibit 21 Memo from Rudy Martel to Dennis Hawkins (October 12, 2011)

122 SOMIS RD RAILROAD RR Permit Area Subject Property Illegally Paved Area PRIME IM STATEWIDE UNIQUE LOCAL IMPORTANCE SOMIS RD GRAZING DEVELOPED RAILROAD RR OTHER LAND IMPORTANT FARMLANDS INVENT Ventura Courtly Resource Management Agency Informslion Syslems Dale Printed:09125/2013 JIMA AP & AP County of Ventura Planning Commission Hearing AP & AP Exhibit Exhibit 22 - Important Farmlands Inventory Map (1984 and 2010) Feet Disclaimer this map was created by the Ventura County Resource Ihmagarrtent Agency, Mapping Sends. -WS, which is designed end operated solely for the convenience of the County and related where agencies. The County does not mirrors the accuracy of this nap and no declaim involving a risk of economic loss or physical Injury should be made in reliance therein G4,