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i<br />

IE SOU R C E MANAGEMENT AGENCY<br />

March 24, 2009<br />

<strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong><br />

<strong>County</strong> <strong>of</strong> <strong>Ventura</strong><br />

<strong>800</strong> <strong>South</strong> <strong>Victoria</strong> <strong>Avenue</strong><br />

<strong>Ventura</strong>, CA 93009<br />

SUBJECT:<br />

RECOMMENDATIONS:<br />

Planning Division<br />

Appeal Case No. APO8-0014 Regarding the Planning Commission's<br />

Decision to Reject Cornerstone Community Church's and the Children's<br />

Hunger Fund's Religious Land Use and Institutionalized Person's Act<br />

Argument Relating to Conditional Use Permit Case No. LUO7-O073<br />

1. GRANT the Appeal, in part, based on the grounds set forth in the letter from Kim<br />

Rodriguez to the <strong>Board</strong> <strong>of</strong> SuperVisors, dated March 10, 2009, overturn the<br />

Planning Commission's decision, in part, as to the church, and accept for<br />

processing Cornerstone Community Church's proposed church facility as part <strong>of</strong><br />

its application for a Conditional Use Permit (Case No. LU07-0073).<br />

Kimberly L. Rodriguez<br />

Director<br />

2. DENY the Appeal, in part, on the grounds set forth below and in the letter from<br />

Kim Rodriguez to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated March 10, 2009, uphold the<br />

Planning Commission's decision, in part, as to the Children's Hunger Fund<br />

("CHF") facilities, and not accept for processing Cornerstone Community<br />

Church's proposed CHF facilities as part <strong>of</strong> its application for a Conditional Use<br />

Permit (Case No. LU07-0073).<br />

3. DESIGNATE the Resource Management Agency Planning Director and the Clerk<br />

<strong>of</strong> the <strong>Board</strong> (Hall <strong>of</strong> Administration, <strong>800</strong> <strong>South</strong> <strong>Victoria</strong> <strong>Avenue</strong>, <strong>Ventura</strong>, CA) as<br />

the custodians and the location <strong>of</strong> the record <strong>of</strong> proceedings.<br />

DISCUSSION:<br />

On December 9, 2008, the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong> held a public hearing at which it<br />

received a Planning Division staff presentation and public comment/testimony, including<br />

a presentation from the applicant/appellant ("Cornerstone"). Your <strong>Board</strong> voted to<br />

continue this matter in order to allow sufficient time for <strong>County</strong> Counsel to obtain<br />

outside, expert legal advice on the Religious Land Use and Institutionalized Persons Act<br />

("RLUIPA"), 42 U.S.C. Section 2000cc et seq., and its implications for: (1) Appeal Case<br />

No. AP08-0014 and Conditional Use Permit Case No. LU07-0073; and, (2) the <strong>County</strong>'s<br />

Non-Coastal Zoning Ordinance's ("NCZO") treatment <strong>of</strong> religious assemblies in the<br />

Open Space zone. This matter was originally continued to February 24, 2009, and<br />

<strong>800</strong> <strong>South</strong> <strong>Victoria</strong> <strong>Avenue</strong>, L# 1740, <strong>Ventura</strong>, CA 93009 (805) 654-2481<br />

PrInted on Recycled P&per<br />

Fax (805) 654-2509<br />

@


Cornerstone Community Church Appeal Case No. APOS-OO14<br />

March 10, 2009<br />

Page 2 <strong>of</strong> 11<br />

continued again to March 10, 2009, in order to provide sufficient guidance and develop<br />

recommendations for your <strong>Board</strong>. On March 10, 2009, the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong><br />

continued this matter to the March 24, 2009, <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong> Hearing in response<br />

to a request by Mr. Jack Rubens, the attorney who represents Cornerstone. The <strong>Board</strong><br />

<strong>of</strong> <strong>Supervisors</strong> granted this most recent continuance in order to allow the Planning<br />

Division, <strong>County</strong> Counsel, and outside Counsel sufficient time to review Cornerstone's<br />

arguments, which are discussed in Mr. Ruben's letter to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated<br />

March 9, 2009 (Exhibit "25"; "Mr. Rubens' letter").<br />

BACKGROUND FACTS<br />

Prior to responding to the objections raised in Mr. Rubens' letter, it is important to recall<br />

some important facts about this project. This project involves three different principal<br />

land uses to be co-located on the same parcel <strong>of</strong> land that has an Open Space ("OS")<br />

land use and zoning designation. The three different principal uses are: (1) a new<br />

church/religious worship facility to be operated by the Cornerstone Community Church;<br />

(2) a new college affiliated with Cornerstone called the Eternity Bible College; and, (3) a<br />

facility operated by a non-pr<strong>of</strong>it relief organization called the Children's Hunger Fund<br />

("CHF"). Each <strong>of</strong> these three different principal uses is subject to the <strong>County</strong>'s NCZO.<br />

These three different principal uses are included as part <strong>of</strong> one <strong>County</strong> Conditional Use<br />

Permit ("CUP") application, and have been analyzed in accordance with normal NCZO<br />

processes and procedures.<br />

Based upon the letter from Kim Rodriguez to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated March 10,<br />

2009, on the same above-referenced subject matter, the Planning Division recommends<br />

that the new church/religious worship facility be accepted for regular CUP application<br />

processing pursuant to the terms and conditions <strong>of</strong> the Preemption Clause in the NCZO<br />

and the equal terms provision <strong>of</strong> RLUIPA. Mr. Rubens' letter accepts and concurs with<br />

the Planning Division's proposed recommended action regarding the church/religious<br />

worship principal use. Furthermore, as stated in a letter from Kim Rodriguez to Mr.<br />

Richard D. Parkinson, dated July 3, 2008, the Eternity Bible College was previously<br />

accepted for regular CUP application processing pursuant to the terms and conditions<br />

<strong>of</strong> the NCZO (§81 05-4), which allows colleges and universities in the OS zone by the<br />

means <strong>of</strong> a Planning Commission-approved CUP.<br />

The CUP application history <strong>of</strong> the CHF facilities, however, is very different. First, in its<br />

revised application, dated April 25, 2008, the CHF sought a Planning Director's<br />

determination that the proposed facilities (i.e., 62,915 square feet <strong>of</strong> warehouses and<br />

28,<strong>800</strong> square feet <strong>of</strong> learning and administrative space for a total <strong>of</strong> 91,715 square<br />

feet) were equivalent to either "Community Centers for Farm Workers and Nonpr<strong>of</strong>it<br />

Farm Organizations Over 20,000 sq. ft. to 100,000 sq. ft." or a "Principal Structure<br />

Related to Agriculture," both <strong>of</strong> which are conditionally permitted uses in the OS zone.<br />

The Planning Director denied this request for an equivalency determination (NCZO,<br />

§8105-2 and §8105-2.1) because the CHF facilities were neither a "farm organization"<br />

nor related to agriculture as those terms are used in the NCZO. The CHF's use <strong>of</strong><br />

these proposed facilities to store, sort, package, and distribute donated food, personal


Cornerstone Community Church Appeal Case No. APOS-o014<br />

March 10, 2009<br />

Page 3 <strong>of</strong> 11<br />

care products, school supplies, and toys (i.e., Food Paks, Gift Paks, and Hygiene Paks),<br />

although commendable, does not serve or advance any <strong>of</strong> the purposes <strong>of</strong> the OS zone<br />

as defined in the General Plan, the NCZO, and state law (Government Code, §65560),<br />

Similarly, the CHF's use <strong>of</strong> these proposed facilities for administrative and educational<br />

purposes also does not qualify as either "Community Centers for Farm Workers and<br />

Nonpr<strong>of</strong>it Farm Organizations Over 20,000 sq. ft. to 100,000 sq. ft," or a "Principal<br />

Structure Related to Agriculture." The CHF appealed this Planning Director decision to<br />

the Planning Commission and the Planning Commission upheld the Planning Directors<br />

decision and denied this request for an equivalency determination. This denial was not<br />

appealed to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong> and is now final.<br />

The CHF then argued in the alternative that the CHF facilities were subject to the same<br />

RLUIPA equal terms argument made by Cornerstone for its church/religious worship<br />

facilities because the CHF is a religiously motivated and based non-pr<strong>of</strong>it organization<br />

devoted to hunger relief around the world. The CHF has presented written materials<br />

and testimony explaining the CHF's religious mission and work with local churches<br />

(Dave Phillips, Oral Testimony at the October 9,2008, Planning Commission Hearing;<br />

Exhibit "6", Summary <strong>of</strong> Children's Hunger Fund Facilities and Operations; Exhibit "24",<br />

Letter from Richard D. Parkinson to Kim Rodriguez, dated March 5, 2009).<br />

RESPONSE TO THE CHF'S RECENT OBJECTIONS<br />

Mr. Rubens objects to the Planning Division's recommendation to your <strong>Board</strong> to deny<br />

the appeal and uphold the Planning Commission's decision to not accept for processing<br />

Cornerstone's application for a CUP with respect to the CHF facilities on three basic<br />

grounds: (1) the impact <strong>of</strong> the CHF facilities on the as zone is less than the impact <strong>of</strong><br />

existing conditionally permitted facilities in the as zone; (2) the <strong>County</strong>'s NCZO open<br />

space objectives are more important than the <strong>County</strong>'s General Plan open space<br />

objectives; and, (3) ancillary storage use in the CHF facilities is a permitted use in the<br />

as zone. As explained below, the Planning Division rejects each one <strong>of</strong> these<br />

contentions and reaffirms its recommendation to deny the appeal and uphold the<br />

Planning Commission's decision to not accept the CHF facilities for CUP processing.<br />

A. Impact and Comparison <strong>of</strong> the CHF Facilities<br />

Mr. Rubens specifically contends that the Planning Division's analysis is flawed since it<br />

"...focuses solely and narrowly on whether or not non-agricultural distribution and<br />

storage uses are permitted or conditionally permitted in the as zone" (Mr. Rubens'<br />

letter, 2). Mr. Rubens then goes on to state:<br />

The relevant issue is...whether the Zoning Ordinance treats the CHF uses on<br />

less than equal terms with any non-religious uses that are permitted or<br />

conditionally permitted in the OS zone and that could have impacts that are<br />

equally or more harmful to the <strong>County</strong>'s open space zoning objectives than the<br />

proposed religious uses associated with the CHF facilities. (Mr. Rubens' letter, 2-<br />

3)


Cornerstone Community Church Appeal Case No. APO8-0014<br />

March 10,2009<br />

Page 4 <strong>of</strong> 11<br />

In making this comparative impact argument, Mr. Rubens ignores certain steps in the<br />

federal case law analysis used to justify the applicability <strong>of</strong> RLUIPA's equal tenns<br />

argument. Mr. Rubens claims that the principal use <strong>of</strong> the CHF facilities consists <strong>of</strong> the<br />

training and learning center, and then identifies uses (e.g., colleges and universities,<br />

governmental buildings, and correctional institutions) that are conditionally pennitted in<br />

the as zone. He also contends that these other uses are equally or more hannful or<br />

impactful to the <strong>County</strong>'s as zoning objectives when compared to the proposed CHF<br />

facilities.<br />

The Planning Division addresses each project for a CUP on the basis <strong>of</strong> substantive<br />

information about the project contained in the CUP application. Whenever there is a<br />

question or some ambiguity on the nature and land use intensity <strong>of</strong> a proposed project,<br />

the Planning Division works cooperatively with the applicant to understand exactly what<br />

it is that the applicant seeks to do, and directs the applicant, if necessary, in another<br />

direction to avoid any potential land use entitlement problems. In the case <strong>of</strong> the CUP<br />

application for the CHF facilities, it was no different.<br />

The Planning Division determined, based upon a careful review <strong>of</strong> the total square<br />

footage <strong>of</strong> the CHF facilities, the proposed intensity <strong>of</strong> use, and the primary organization<br />

operation and output, that the principal use <strong>of</strong> the CHF facilities would not be the<br />

learning center and administrative <strong>of</strong>fices (as is argued by Mr. Rubens), but rather the<br />

storage, packaging, and distribution <strong>of</strong> charitable goods as evidenced by the amount <strong>of</strong><br />

area that would be dedicated to these uses. The two warehouses that would be used<br />

for the storage, packaging, and distribution activities would be a total <strong>of</strong> 62,915 square<br />

feet in size or approximately two-thirds <strong>of</strong> the total building square footage, whereas the<br />

learning center and administrative <strong>of</strong>fices would be only 28,<strong>800</strong> square feet in size.<br />

These square footage numbers reinforce the fact that the primary operational aspect <strong>of</strong><br />

the CHF is to serve children through the distribution <strong>of</strong> Food Paks, Gift Paks, and<br />

Hygiene Paks containing prepackaged goods and materials collected from corporate<br />

and individual donors. The Planning Division does not deny the fact that the CHF<br />

facilities contain an administrative <strong>of</strong>fice and training component, but the overwhelming<br />

evidence supports a determination that the CHF facilities are principally warehouse and<br />

distribution land uses.<br />

The Planning Division has further detemlined, based upon the CUP application for the<br />

CHF facilities and a review <strong>of</strong> the Planning Division's CUP files and pemlit database,<br />

that there is no currently existing, conditionally pemlitted land use (regardless <strong>of</strong><br />

religious or non-religious orientation) in the OS zone that compares to the proposed<br />

principal use <strong>of</strong> the CHF facilities. As discussed in depth below, non-agricultural<br />

warehouse and distribution facilities are not similarly situated to agricultural warehouse<br />

and distribution facilities with respect to the <strong>County</strong>'s adopted OS goals and policies.<br />

This basic fact is important because RLUIPA case law states that an equal temls<br />

argument can only be advanced where the challenged land use regulation treats a<br />

religious institution on less than equal temls with a non-religious institution that is<br />

similarly situated regarding the objectives <strong>of</strong> the challenged land use regulation. The


Cornerstone Community Church Appeal Case No. APO8-OO14<br />

March 10,2009<br />

Page 5 <strong>of</strong> 11<br />

NCZO does not treat the religious-based CHF any differently than a non-religious<br />

institution with regard to similarly situated warehouse and distribution facilities in the OS<br />

zone.<br />

Therefore, the CHF's comparative impacts argument fails because it skips over this key<br />

analytical step. Without such a similarly situated comparative land use, the CHF cannot<br />

directly perform an equal to, or lesser than, impacts analysis <strong>of</strong> the proposed CHF<br />

facilities in comparison to existing uses in the OS zone. As discussed in the letter from<br />

Kim Rodriguez to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated March 10, 2009, the NCZO allows for<br />

agricultural distribution/storage uses as principal uses in the Open Space zone only if<br />

they are consistent with, and promote, the agriculturally-related purposes <strong>of</strong> the OS<br />

zone. The NCZO does not allow non-agricultural distribution/storage facilities as<br />

principal uses in the OS zone, since they do not promote the purposes and objectives <strong>of</strong><br />

the OS zone. The CHF or Cornerstone has the burden <strong>of</strong> identifying a non-religious or<br />

religious, non-agricultural distribution/storage facility, which has been conditionally<br />

permitted as a principal use in the OS zone. However neither the CHF nor Cornerstone<br />

has identified such a similarly situated comparative land use. Without such nonagricultural<br />

distribution/storage uses in the OS zone, the <strong>County</strong> has not treated any<br />

land use or facility more favorably when compared to the proposed CHF facilities.<br />

Mr. Rubens also contends that agricultural distribution/storage facilities are equally as<br />

harmful to the purposes and objectives <strong>of</strong> the as zone as the proposed CHF facilities.<br />

In making this argument, Mr. Rubens provides photographs <strong>of</strong> several types <strong>of</strong><br />

agricultural development that exceed the scope and size <strong>of</strong> the proposed CHF facilities.<br />

Moreover, Mr. Rubens argues that wineries, accessory structures related to agriculture,<br />

and storage buildings for agricultural contractors are permitted in the as zone, which<br />

could have equal or greater impacts to the purposes and objectives <strong>of</strong> the as zone than<br />

the CHF facilities. However, all <strong>of</strong> the agricultural development shown in Mr. Rubens'<br />

photographs are located in Agricultural zones-not Open Space zones-and, as such,<br />

are irrelevant comparators to the proposed CHF facilities. Furthermore, agricultural<br />

distribution/storage facilities, wineries, accessory structures related to agriculture, and<br />

storage buildings for agricultural contractors facilitate agricultural uses which, as<br />

discussed below, are uniquely related to the purposes and objectives <strong>of</strong> the as zone.<br />

B. <strong>County</strong> Open Space Objectives<br />

In making his argument, Mr. Rubens states that the purposes and objectives <strong>of</strong> the OS<br />

zone stated in the NCZO (§8104-1.1}-not in the <strong>Ventura</strong> <strong>County</strong> General Plan-should<br />

exclusively be used when performing an RLUIPA analysis in the OS zone. Moreover,<br />

Mr. Ruben contends that due to the fact that agricultural uses are not explicitly stated in<br />

the purposes and objectives <strong>of</strong> the OS zone (NCZO, §8104-1.1), and the <strong>County</strong> has<br />

created a separate zone for Agricultural uses, agricultural uses are not uniquely related<br />

to the purposes and objectives <strong>of</strong> the OS zone.<br />

Mr. Rubens fails to acknowledge that the NCZO does in fact promote renewable<br />

resource uses, such as agricultural uses, in the OS zone. The NCZO states:


Cornerstone Community Church Appeal Case No. APOS-o014<br />

March 10, 2009<br />

Page 6 <strong>of</strong> 11<br />

The purpose <strong>of</strong> [the OS] zone is to provide for the conservation <strong>of</strong> renewable<br />

and nonrenewable natural resources, to preserve and enhance environmental<br />

quality and to provide for the retention <strong>of</strong> the maximum number <strong>of</strong> future land use<br />

options while aI/owing reasonable and compatible uses on open lands in the<br />

<strong>County</strong> which have not been altered to any great extent by human activities.<br />

(§8104-1.1; emphasis added)<br />

This purpose statement mirrors one <strong>of</strong> the <strong>Ventura</strong> <strong>County</strong> General Plan Open Space<br />

Goals, which states:<br />

Preserve for the benefit <strong>of</strong> all the <strong>County</strong>'s residents the continued wise use <strong>of</strong><br />

the <strong>County</strong>'s renewable and nonrenewable resources by limiting the<br />

encroachment into such areas <strong>of</strong> uses which would unduly and prematurely<br />

hamper or preclude the use or appreciation <strong>of</strong> such resources. (Goals, Policies<br />

and Programs, 2008, Goal 3.2.1-5; emphasis added)<br />

The OS land use and zoning designation is designed to conserve, and allow the<br />

appropriate use <strong>of</strong>, a multitude <strong>of</strong> natural resources. Agricultural resources (e.g., forest<br />

lands and range lands) constitute one <strong>of</strong> the categories <strong>of</strong> natural resources that are<br />

intended to be conserved in the OS zone, by (in part) the allowance <strong>of</strong> reasonable and<br />

compatible uses on lands designated as such. The Government Code and the <strong>Ventura</strong><br />

<strong>County</strong> General Plan both state that one <strong>of</strong> the purposes <strong>of</strong> the OS land use designation<br />

is to allow for the managed production <strong>of</strong> resources including, but not limited to,<br />

agricultural lands [Government Code §65560(b)(2); <strong>Ventura</strong> <strong>County</strong> General Plan,<br />

Goals, Policies and Programs, 2008, §3.2 and Policy 3.2.2-5(2)]. Pursuant to the<br />

General Plan's Zoning Compatibility Matrix, both the OS and Agricultural Exclusive<br />

zones are compatible with the General Plan's OS land use designation (<strong>Ventura</strong> <strong>County</strong><br />

General Plan, Goals, Policies and Programs, 2008, Land Use Policy 3.1.2-2 and Figure<br />

3.2a).<br />

However, the as land use and zoning designations are not designed to accommodate<br />

all intensities <strong>of</strong> agricultural uses. Indeed, one <strong>of</strong> the purposes <strong>of</strong> creating the<br />

Agriculture land use and zoning designations was to allow for more intensive types <strong>of</strong><br />

agriculture than what is appropriate for OS-designated lands. The <strong>Ventura</strong> <strong>County</strong><br />

General Plan states: "Because <strong>of</strong> the inherent importance <strong>of</strong> agriculture as a land use<br />

in and <strong>of</strong> itself, agriculture is not subsumed under the Open Space land use<br />

designation, but has been assigned a separate land use designation" (Goals, Policies<br />

and Programs, 2008, 56). Unlike OS-designated lands, Agricultural-designated lands<br />

have unique characteristics (e.g., the presence <strong>of</strong> prime soils, or designations as<br />

"Farmlands <strong>of</strong> Statewide Importance" or "Unique Farmlands" in the State's Important<br />

Farmland Inventory) that accommodate intensive agricultural activities (<strong>Ventura</strong> <strong>County</strong><br />

General Plan, Goals, Policies and Programs, 2008, Policy 3.2.2-4(1 )]. In short, the<br />

policies and regulations <strong>of</strong> the Government Code, General Plan, and NCZO all state<br />

that one <strong>of</strong> the purposes <strong>of</strong> OS-designated lands is to support agricultural uses, albeit at<br />

a less intensive scale than what is allowed on Agriculture-designated lands.


Cornerstone Community Church Appeal Case No. APOS-OO14<br />

March 10, 2009<br />

Page 7 <strong>of</strong> 11<br />

Mr. Rubens improperly downplays the fact that the purposes and objectives <strong>of</strong> the OS<br />

zone are derived from, and must be consistent with, the purposes and objectives <strong>of</strong> the<br />

OS land use designation. One <strong>of</strong> the purposes <strong>of</strong> the NCZO is to implement the<br />

General Plan (NCZO, §8101-1), as well as achieve consistency with the General Plan,<br />

as required by the Government Code [§65567 and §65860(a)]. The General Plan<br />

states that land uses are deemed consistent with the General Plan if they are permitted<br />

within a zoning designation that is consistent with the land use designation for a<br />

property, and the land use does not conflict with the policies <strong>of</strong> the General Plan<br />

(<strong>Ventura</strong> <strong>County</strong> General Plan, Goals, Policies and Programs, 2008, Land Use Policies<br />

3.1.2-2 and 3.1.2-3). In this case, the OS zoning designation is consistent with the OS<br />

land use designation and, as discussed above, the OS land use policy [<strong>Ventura</strong> <strong>County</strong><br />

General Plan, Goals, Policies and Programs, 2008, Policy 3.2.2-5(2)] clearly promotes<br />

the types <strong>of</strong> agricultural uses, including agriculture-related structures, that are permitted<br />

on OS-designated lands (NCZO, §8105-4). In sum, when determining the purposes<br />

and objectives <strong>of</strong> the OS zone and, consequently, what uses are consistent with the OS<br />

zone, one must consider not only the NCZO, but also the General Plan OS land use<br />

policies from which the NCZO OS regulations are derived.<br />

c. Accessory Use<br />

Mr. Rubens contends that, based on the CHF's equal terms argument and the fact that<br />

principal structures related to agriculture, including distribution and storage structures,<br />

are allowed in the OS zone, the <strong>County</strong> must treat the CHF facilities as a permitted use,<br />

rather than as a conditionally permitted use (Mr. Rubens' letter, page 7). Mr. Rubens,<br />

however, neglects to state that only principal structures related to agriculture that are<br />

20,000 square feet or smaller in size are allowed as a permitted use in the OS zone,<br />

while principal structures related to agriculture that are over 20,000 square feet are<br />

allowed as a conditionally permitted use in the OS zone. As stated above, the<br />

warehousing and distribution component <strong>of</strong> the CHF facilities-which the Planning<br />

Division considers to be the primary use <strong>of</strong> the CHF facilities-would be 62,915 square<br />

feet in size. If principal structures related to agriculture were an appropriate<br />

comparative use to the CHF facilities-which, as discussed above, they are not-then<br />

the CHF facilities would be allowed as a conditionally permitted use pursuant to<br />

RLUIPA. However, once again, unlike the CHF facilities which are inconsistent with the<br />

purposes and objectives <strong>of</strong> the OS zone, principal structures related to agriculture are<br />

uniquely related to the purposes and objectives <strong>of</strong> the OS zone.<br />

D. Conclusion<br />

In summary, a clear majority <strong>of</strong> the CHF facilities are dedicated to the storage,<br />

packaging, and distribution activities and, as such, constitute the principal use <strong>of</strong> the<br />

CHF facilities. Unlike the warehouse/distribution uses <strong>of</strong> the CHF facilities, all <strong>of</strong> the<br />

warehouse/distribution uses that are allowed in the OS zone (i.e., agricultural<br />

warehouse/distribution uses) are consistent with the purposes and objectives <strong>of</strong> the OS<br />

zone, which are derived from, and defined by, the Government Code and the General


~<br />

Cornerstone Community Church Appeal Case No. APO8-OO14<br />

March 10, 2009<br />

Page 8 <strong>of</strong> 11<br />

Plan. Therefore, Cornerstone has not identified a nonreligious, comparative use that is<br />

similarly situated to the CHF facilities in terms <strong>of</strong> the purposes and objectives <strong>of</strong> the OS<br />

zone. The Planning Division, therefore, reaffirms its recommended action to deny the<br />

appeal and uphold the Planning Commission decision regarding the CHF facilities as<br />

stated in the <strong>Board</strong> letter dated March 10, 2009, on this same subject matter.<br />

The <strong>County</strong> Counsel's Office has reviewed this letter. If you have any questions<br />

concerning this item, please contact Dan Klemann, M.A., Senior Planner, at (805) 654-<br />

3588 or via email at daniel.klemann@ventura.org, or me at (805) 654-2481 or via email<br />

at kim.rodriguez@ventura.org.<br />

L. i<br />

PLANNING DIVISION<br />

Attachments:<br />

Exhibit "1"<br />

Exhibit 82- -<br />

Exhibit 83- -<br />

Exhibit 848 -<br />

Exhibit 858 -<br />

Exhibit "68<br />

Exhibit 878 -<br />

Exhibit 8S8 -<br />

Exhibit -9-<br />

Exhibit -10--<br />

Exhibit "11"-<br />

Exhibit 812--<br />

Exhibit -138-<br />

Exhibit -14--<br />

Exhibit -15.-<br />

Exhibit -16.-<br />

Exhibit -17. -<br />

-..<br />

Planning Commission Staff Report for the October 9, 2008, Planning Commission<br />

Hearing<br />

Project Site Location Map<br />

Aerial Photograph <strong>of</strong> the Project Site<br />

Appeal Form and Appeal Summary for Appeal Case No. AP08-OO07<br />

Appeal Summary PowerPoint Document (Prepared and Submitted by Cornerstone<br />

Community Church)<br />

Summary <strong>of</strong> Children's Hunger Fund Facilities and Operations (Prepared and<br />

Submitted by Cornerstone Community Church)<br />

RLUIPA Summary (Prepared and Submitted by Cornerstone Community Church)<br />

Selected Figures <strong>of</strong> the Cornerstone Community Church Project Plans (Prepared and<br />

Submitted by Cornerstone Community Church)<br />

.Supplemental Materials. Excerpt from Cornerstone Community Church's Revised<br />

CUP Application, dated April 25, 2008 (Prepared and Submitted by Cornerstone<br />

Community Church)<br />

Appendix H <strong>of</strong> Cornerstone Community Church's Revised CUP Application, dated<br />

April 25, 2008 (Entitlement Documents for the Ronald Reagan Presidential Library,<br />

Compiled and Submitted by Cornerstone Community Church)<br />

Appendix I <strong>of</strong> Cornerstone Community Church's Revised CUP Application, dated April<br />

25, 2008 (Entitlement Documents for the Thomas Aquinas College, Compiled and<br />

Submitted by Cornerstone Community Church)<br />

Appendix J <strong>of</strong> Cornerstone Community Church's Revised CUP Application, dated April<br />

25, 2008 (Entitlement Documents for the Brandeis-Bardin Institute, Compiled and<br />

Submitted by Cornerstone Community Church)<br />

Appendix K <strong>of</strong> Cornerstone Community Church's Revised CUP Application, dated April<br />

25, 2008 (Entitlement Documents for the Thacher School, Compiled and Submitted by<br />

Cornerstone Community Church)<br />

Planning Division Staff PowerPoint Presentation for the October 9, 2008, Planning<br />

Commission Hearing<br />

Cornerstone Community Church Appeal Application, Case No. AP08-0014<br />

Letter from Jack H. Rubens to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated November 26, 2008<br />

Letter from Kevin T. Snider to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated December 2, 2008


Cornerstone Community Church Appeal Case No. APOS-OQ14<br />

March 10.2009<br />

Page90f11<br />

Exhibit "188-<br />

Exhibit 819--<br />

Exhibit -20- -<br />

Exhibit -21--<br />

Exhibit -22- -<br />

Exhibit -23- -<br />

Exhibit 8248-<br />

Exhibit -25"-<br />

Exhibit -An-<br />

Exhibit -8" -<br />

Exhibit -C"-<br />

Exhibit -0"-<br />

Exhibit -E" -<br />

Exhibit -F- -<br />

Exhibit 8G" -<br />

Exhibit 8H" -<br />

Exhibit 8'" -<br />

Exhibit. JD -<br />

Exhibit "K- -<br />

Exhibit "L - -<br />

Exhibit "M. -<br />

Exhibit -N. -<br />

Exhibit "0. -<br />

Exhibit "P- -<br />

Exhibit aQB -<br />

Exhibit aRB -<br />

Exhibit .5. -<br />

Exhibit -r -<br />

Exhibit .U. -<br />

Exhibit 'vw -<br />

Exhibit -W" -<br />

Exhibit. X- -<br />

Exhibit "Y" -<br />

Exhibit "Z- -<br />

Exhibit "AA--<br />

Exhibit "BB- -<br />

Exhibit .CC. -<br />

Letter from David A. Bobardt on behalf <strong>of</strong> the City <strong>of</strong> Moorpark to the <strong>Board</strong> <strong>of</strong><br />

<strong>Supervisors</strong>, dated November 26, 2008<br />

Letter from Jacqui V. Irwin on behalf <strong>of</strong> the City <strong>of</strong> Thousand Oaks to the Honorable<br />

Peter C. Foy and the Members <strong>of</strong> the <strong>Ventura</strong> <strong>County</strong><br />

Email from Ge<strong>of</strong>frey J. Sjostrom to Dan Klemann, dated December 8,2008<br />

Email from Ge<strong>of</strong>frey J. Sjostrom to Dan Klemann, dated December 9, 2008<br />

Letter from Beth N. Cooper to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated December 22, 2008<br />

Email (with attachments) from Rick Parkinson to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong> et ai, dated<br />

January 30, 2009<br />

Letter from Richard Parkinson to Kimberly L. Rodriguez, dated March 5, 2009<br />

Letter from Jack Rubens to the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong>, dated March 9, 2009<br />

Letter from George W. Sjostrom to the Planning Commission, dated September 25,<br />

2008<br />

Email from Greg DelVecchio to Dan Klemann, dated October 4, 2008<br />

Email from Bill and Kate Faulkner to Dan Klemann, dated October 5,2008<br />

Letter from Linda Noble to the Planning Commission, dated October 2, 2008<br />

Email from Sue Perrin to Dan Klemann, dated October 6, 2008<br />

Email from Sandy Schmidt to Kim Rodriguez and Dan Klemann, dated October 6,<br />

2008<br />

Email from Shanda Weaver to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Kevin and Suzy Hoekendort to Kim Rodriguez, Dan Klemann, and Peter<br />

Foy, dated October 6,2008<br />

Email from Greg Burkhardt to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from R. Drew Jessel and Family to Kim Rodriguez, Dan Klemann, and Peter<br />

Foy, dated October 6, 2008<br />

Email from Jennyfer Todd to Kim Rodriguez and Dan Klemann, dated October 6,2008<br />

Email from Edward O'Brien to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Steve Anderson to Dan Klemann, dated October 6, 2008<br />

Email from Richard Todd to Kim Rodriguez and Dan Klemann, dated October 6,2008<br />

Email from Heidi Buonauro to Dan Klemann, dated October 6, 2008<br />

Email Melinda FitzGerald to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Rick Buonauro to Dan Klemann, dated October 6, 2008<br />

Email from Lane Whitcomb to Kim Rodriguez and Dan Klemann, dated October 6,<br />

2008<br />

Email from Kathleen Gillespie to Dan Klemann, dated October 6, 2008<br />

Email from Daren and Dawn Kesterson to Kim Rodriguez and Dan Klemann, dated<br />

October 6, 2008<br />

Email from Andrea and David Roter to Peter Foy, dated October 6,2008<br />

Email from Morgan Harman to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Alonzo Garcia to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Mark Walters to Dan Klemann, dated October 6, 2008<br />

Email from Daniel VanGent to Dan Klemann, dated October 6, 2008<br />

Email from Jasmine Schoonover to Dan Klemann, dated October 6, 2008<br />

Email from Todd Ross to Peter Foy, dated October 6,2008<br />

Email from Greg and Lisa Baker to Kim Rodriguez, Dan Klemann, and Peter Foy,<br />

dated October 6, 2008<br />

Email from Robert Leong to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008


Cornerstone Community Church Appeal Case No. APOS-o014<br />

March 10, 2009<br />

Page 10 <strong>of</strong> 11<br />

Exhibit MDD" -<br />

Exhibit "EE- -<br />

Exhibit .FF" -<br />

Exhibit MGG" -<br />

Exhibit "HH- -<br />

Exhibit MIIM -<br />

Exhibit M JJM -<br />

Exhibit .K~ -<br />

Exhibit -ll --<br />

Exhibit -MM- -<br />

Exhibit -NN. -<br />

Exhibit -00. -<br />

Exhibit -pp- -<br />

Exhibit -00- -<br />

Exhibit -RR- -<br />

Exhibit -5S. -<br />

Exhibit -Tr-<br />

Exhibit .UU. -<br />

Exhibit .W' -<br />

Exhibit .ww.-<br />

Exhibit "XX' -<br />

Exhibit "yy- -<br />

Exhibit "ZZ' -<br />

Exhibit -AAA--<br />

Exhibit -BBB- -<br />

Exhibit -CCC- -<br />

Exhibit "ODD- -<br />

Exhibit 8EEE8 -<br />

Exhibit 8FFP -<br />

Exhibit "GGG" -<br />

Exhibit "HHH" -<br />

Exhibit "III" -<br />

Exhibit" JJJ" -<br />

Exhibit "KKK" -<br />

Exhibit "LLL"-<br />

Exhibit "MMM" -<br />

Exhibit "NNN" -<br />

Email from Bart Thielen to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Tracy L. Heminuk to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Lynette McNeil to Kim Rodriguez, dated October 6, 2008<br />

Email from Mike Malarkey to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Vicky Leong to Kim Rodriguez, Peter Foy, and Dan Klemann, dated<br />

October 6, 2008<br />

Email from Glen and Janet Harrison to Dan Klemann, dated October 6, 2008<br />

Email from Laura Buchan to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Randy Sanada, Jr., to Kim Rodriguez and Dan Klemann, dated October 6,<br />

2008<br />

Email from Sabrina Rife to Kim Rodriguez and Dan Klemann, dated October 6, 2008<br />

Email from Bob and Pam Gross to Dan Klemann, dated October 6, 2008<br />

Email from Karin Kritscher to Dan Klemann, dated October 7, 2008<br />

Email from Sharlene Aiken to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Rick and Faith Fennell to Dan Klemann, dated October 6, 2008<br />

Email from Bran Nave to Kim Rodriguez, Dan Klemann, and Peter Foy, dated October<br />

6, 2008<br />

Email from Ken and Roni Snow to Dan Klemann, dated October 6, 2008<br />

Email from Susan Mako to Dan Klemann, dated October 6, 2008<br />

Email from Chris and Julie Perez to Kim Rodriguez, Dan Klemann, and Peter Foy,<br />

dated October 6, 2008<br />

Email from Nicola Ross to Dan Klemann, dated October 6, 2008<br />

Email from Keith Pytlinski to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Gabriela Buery to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Sheryl Johnson to Dan Klemann, dated October 6, 2008<br />

Email from Greg and Melanie Gissinger to Dan Klemann, dated October 6, 2008<br />

Email from Erin Donalson to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Ryan Glatt to Dan Klemann, dated October 6, 2008<br />

Email from John Puopolo to Dan Klemann, dated October 6, 2008<br />

Email from Wendi Leeds to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Penni Bertonneau to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 6, 2008<br />

Email from Cheryl Neher to Dan Klemann, dated October 6, 2008<br />

Email from Chadd and Chanda Touchette to Kim Rodriguez, Dan Klemann, and Peter<br />

Foy, dated October 6,2008<br />

Email from Pamela Smylie to Dan Klemann, dated October 6, 2008<br />

Email from Kristi Hayes to Dan Klemann, dated October 6, 2008<br />

Email from Sara Bolding to Dan Klemann, dated October 6, 2008<br />

Email from Kathy Hampton to Dan Klemann, dated October 6, 2008<br />

Email from Matt Hampton to Dan Klemann, dated October 6, 2008<br />

Email from Karen and Gary Milhous to Peter Foy and Dan Klemann, dated October 7,<br />

2008<br />

Email from Norman and Brendan Chew to Kim Rodriguez and Dan Klemann, dated<br />

October 7, 2008<br />

Email from Stephen C. Seckar to Kim Rodriguez, Dan Klemann, and Peter Foy, dated<br />

October 7, 2008


Cornerstone Community Church Appeal Case No. APOS-OO14<br />

March 10, 2009<br />

Page 11 <strong>of</strong> 11<br />

Exhibit -000- - Email from Bill Margulies to Dan Klemann, dated October 7, 2008<br />

Exhibit -PPP- - Email from Unknown Individual to Kim Rodriguez, Peter Foy, and Dan Klemann, dated<br />

October 7, 2008<br />

Exhibit -OQO- - Email from Dennis Guglielmetti to Dan Klemann, dated October 7, 2008<br />

Exhibit -RRR- - Email from Richard J. Messina to Dan Klemann, dated October 7,2008<br />

Exhibit -SSS- - Email from Tom and Yvonne Wilber to Kim Rodriguez, dated October 6,2008<br />

Exhibit -TTT- - Email from Sarah Moore to Kim Rodriguez, dated October 6, 2008<br />

Exhibit -UUU- - Email from Michael D. Weyandt to Kim Rodriguez, dated October 6, 2008<br />

Exhibit -VW- - Email from Esly Felipe Aliaga to Kim Rodriguez, dated October 6, 2008<br />

Exhibit -www- - Email from Russ and Anita Guevin to Kim Rodriguez, Dan Klemann, and Peter Foy,<br />

dated October 7, 2008<br />

Exhibit -XXX- - Email from Jan Woodfill to Dan Klemann, dated October 7, 2008<br />

Exhibit -yyyw - Email from Bob and Kathy Likes to Kim Rodriguez, dated October 7, 2008<br />

Exhibit -ZZZ- - Letter from David A. Bobardt on behalf <strong>of</strong> the City <strong>of</strong> Moorpark to the <strong>Ventura</strong> <strong>County</strong><br />

Planning Commission, dated October 7, 2008<br />

Exhibit -AAAA- - Email from David Satterlee to Dan Klemann, dated October 7,2008<br />

Exhibit -BBBB- - Email from Brandon and Nicole Kemmer to Kim Rodriguez and Dan Klemann, dated<br />

October 7, 2008<br />

Exhibit -CCCC- - Email from Wendy Berg to Dan Klemann, dated October 7, 2008<br />

Exhibit -DDDD- - Email from Kevin Gale to Dan Klemann, dated October 8, 2008<br />

Exhibit -EEEE- - Email from Nancy Ip to Dan Klemann, dated October 10, 2008<br />

Exhibit -FFFF- - Aerial Photos Submitted by Planning Commissioner Rodriguez

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