Opinion

Holguin Family Ventures v. County of Ventura

Court
California Court of Appeal
Filed
Aug 13, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 30.5%

The opinion

Filed 7/24/24; certified for publication 8/13/24 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HOLGUIN FAMILY 2d Civ. No. B328569

VENTURES, LLC, et al., (Super. Ct. No. 56-2021-

00561036-CU-WM-VTA)

Plaintiffs and Appellants, (Ventura County)

v.

COUNTY OF VENTURA,

Defendant and Respondent.

This case involves the Old Creek Ranch Winery, which “is

located north of the City of [Ventura] at the end of Old Creek

Road.” The winery is owned by appellant Holguin Family

Ventures, LLC (Holguin). Appellant OCRW, Inc., is the lessee of

the winery.

Appellants appeal the trial court’s judgment upholding a

decision by the Ventura County Board of Supervisors (Board).

The Board found that appellants had committed various

violations of the Ventura County Non-Coastal Zoning Ordinance

(NCZO).1 The primary violations are that, without obtaining a

conditional use permit (CUP), appellants (1) expanded the winery

and wine-tasting area beyond the historical use area, and (2)

changed the principal use of the ranch from crop production to a

“wine tasting/associated event venue.” The Board also denied

appellants’ request for zoning clearance of their unpermitted

installation of a paved parking lot with 40 to 50 parking spaces

and charging stations for electric vehicles.

Appellants contend that, in upholding the Board’s decision,

the trial court applied the wrong standard of review – the

substantial evidence standard. Appellants argue that the court

should have independently reviewed the 4,813-page

administrative record. We conclude the substantial evidence

standard of review is the correct standard. We further conclude

that substantial evidence supports the Board’s decision.

We reject appellants’ claim that the trial court (1) abused

its discretion in denying permission to amend their complaint to

add a new cause of action for declaratory relief, and (2)

erroneously denied their third cause of action for declaratory

relief. Accordingly, we affirm.

Factual and Procedural Background

The Old Creek Ranch encompasses approximately 800

acres. Holguin owns approximately 329 acres. The winery is

located on Holguin’s property. The winery “currently

encompasses approximately 7 acres and that . . . include[s] the

parking areas and roads around it.” The ranch is zoned

“agriculture exclusive.”

1 The NCZO is Chapter 1 of Division 8 of the Ventura

County Ordinance Code.

2

In December 1981 the County issued a Zoning Clearance

permitting a “Temporary/Portable Produce Stand” inside an

“Existing Winery” on a lot area of 328.74 acres. (Zoning

Clearance no. 37254, attached hereto as Appendix A.) The

Zoning Clearance shows the dimensions of the existing winery

were 30 feet x 20 feet, i.e., 600 square feet. The dimensions of the

proposed produce stand were 15 feet x 5 feet, i.e., 75 square feet.

A Zoning Clearance issued in 1990 (Zoning Clearance No. 67780)

authorized a 676 square-foot addition to the winery. Thus, as of

1990, the total floor area permitted for the winery and “produce

stand” was approximately 1,276 square feet.

In a December 2007 letter to the County, counsel for

Carmel Whitman, who at that time was the owner of the

property, wrote that the “Produce Stand” was intended to be “a

wine tasting area within the permitted winery.” Counsel

asserted: “In reliance on [the 1981] zoning clearance, the property

owners have operated a wine tasting area within the winery

continuously since December 1981.”

Counsel continued: “[A]lthough the winery itself has

expanded over the years, it has done so on a fully permitted

basis. More important, the wine tasting area within it has

remained the same size [i.e., 75 square feet,] and has operated in

the same way since it was permitted in December 1981.” (Italics

added.) “In 1981, as they are today, wineries and wine tasting

were activities incidental to the operation of grape production

and vineyards.” The winery “was permitted . . . to conduct wine

tastings of its own production on the winery premises incidental

to its normal operations.”

Counsel’s December 2007 letter was triggered by the

County’s issuance of a notice of violation (NOV) claiming that

3

Whitman was “[o]perating a wine tasting room without a

conditional use permit.” In response to counsel’s letter, in

January 2008 the Planning Director wrote to Whitman: “[O]ur

review of the permit files and the Zoning Ordinance in effect in

the early 1980’s has led me to determine that simple wine

tasting, conducted in accordance with Business and Profession[s]

Code section 23356.1(a), is allowed in the manner that it has

been conducted on the site since the early 1980’s.

[¶] [Therefore], the basis for the Notice of Violation is no longer

valid. The NOV is hereby rescinded and the case closed.”

A 2019 Planning Commission Staff Report (Staff Report)

explained why the NOV was issued and later rescinded: “[I]n

1981, the Planning Division permitted the winery and public

tasting room with a ministerial Zoning Clearance. In 1985,

however, the County amended the Non-Coastal Zoning Ordinance

(NCZO) to require a discretionary Conditional Use Permit . . . to

authorize a winery with public tours or tasting room, and to

authorize any winery with over 2,000 square feet of structures.

Because Old Creek Ranch Winery was permitted with a Zoning

Clearance before this more stringent CUP requirement took

effect, the winery is a legal nonconforming use under the

NCZO . . . .” (See Ideal Boat & Camper Storage v. County of

Alameda (2012) 208 Cal.App.4th 301, 313 [“The classic definition

of a legal nonconforming use is ‘one that existed lawfully before a

zoning restriction became effective and that is not in conformity

with the ordinance when it continues thereafter’”].)

The Staff Report continued: “In 2008, the Planning Division

worked with the winery’s then-owner [Whitman] to document the

‘baseline’ size and operations of the then-existing winery with

public tasting room to establish the parameters of the winery’s

4

nonconforming use which was authorized to continue without a

CUP. These baseline conditions are set forth in a letter from the

Planning Director to [Whitman] dated March 5, 2008 . . . .” One

of the conditions was that “[a]ll activities at the Old Creek Ranch

Winery must be clearly incidental, accessory, and subordinate to

the primary operations of the associated winery as a production

facility.” The letter said that Monday through Friday, 50 to 75

winery “patrons per day . . . appears to be reasonable based upon

the existing facility use.” On Saturday, “between 50 and 150

[patrons] is an acceptable number. The wine tasting and tours by

daily patrons would be considered typical business operations for

a winery.” The letter continued, “[T]he only ‘events’ that should

be held are in conjunction with marketing or wine production

educational activities, and which are . . . limited to either 15 or 25

[visitors] maximum based on the day of the week.” Other events,

“such as birthday and anniversary parties, family reunions,

retirement parties, weddings, receptions and the like,” would

require a CUP.

The Board found: “It was understood between Whitman

and the Planning Division that any winery activities and/or uses

exceeding the established baseline set forth in the County’s

March 5, 2008, letter would constitute an expansion of the

nonconforming use triggering the NCZO requirement for a CUP.”

“Whitman did not administratively appeal the Planning

Director’s determination thereby waiving her right, and the right

of all subsequent owners of the property, to challenge the scope of

the nonconforming winery use of the property that could continue

without the need for obtaining a CUP.”

Holguin purchased the approximately 329-acre property,

including the winery, in June 2015. It closed the winery for “a

5

three-year period to start construction and some renovations of

the property.” In September 2015 the County issued to Andrew

Holguin an “Inauguration of Use” “Zoning Clearance for a

certificate of occupancy for an existing winery of up to 2,000 sq.

ft. (bottling, processing, and storage) which includes a change of

ownership.”2 The Zoning Clearance (ZC15-0948) is attached

hereto as Appendix B. It noted, “There is a permitted produce

stand with a non-conforming wine tasting room (Zoning

Clearance #37254 [the 1981 Zoning Clearance attached as

Appendix A]).” ZC15-0948 stated that the earliest opening time

of the “tasting room” will be 11:00 a.m. and the latest closing time

will be 5:00 p.m. “No special events will be permitted on the site

until an approved Conditional Use Permit is issued.” The Zoning

Clearance further stated, “See previous correspondence between

Planning Management and previous owner [Whitman] for

clarification.” The “previous correspondence” includes the

Planning Director’s March 5, 2008 letter to Whitman which,

according to the Board, “established the baseline parameter[] for

the allowable nonconforming use of the winery to continue

without the need for a CUP.”

Despite ZC15-0948’s prohibition of “special events . . . on

the site until an approved Conditional Use Permit is issued,”

Holguin’s website “advertise[d] the property as a third party

venue for ‘weddings, birthday, retirement, bridal shower, baby

shower, gender reveal, celebration of life, rehearsal dinner’ and

2 Andrew Holguin stated that he “and [his] family own the

Old Creek Ranch Wineries.” In a letter to the Planning Director

dated November 1, 2017, Andrew Holguin said he is the

president of appellant OCRW, Inc., the lessee of the winery.

6

includes the statement, ‘What better venue than Old Creek

Ranch Winery.’”

At Holguin’s request, the County issued several permits

for improvements on the property. The permits included

construction of a “2,000 sq. ft. agricultural barn,” a 3,655 sq. ft.

“agricultural storage building,” and “a 900 sq. ft. agricultural

storage building.” A Construction/Demolition Zoning Clearance

issued in October 2015 noted that the “[p]arcel contains existing

2,000 sq.ft. winery office.”

The Staff Report states: “On November 1, 2017, [Holguin]

submitted a request for a Zoning Clearance to authorize the

relocation of the existing wine tasting room to the newly

constructed agricultural building [the 2,000 sq. ft. agricultural

barn] on the ranch . . . . On May 8, 2018, the Planning Division

responded to the . . . request and indicated the need for a site

visit and ‘additional information to confirm that the cumulative

square footage dedicated to the winery use is under the

maximum 2,000 sq. ft. that can be approved through a

ministerial permit’ and to clarify that public use of the property

continues to be accessory to crop production and does not become

a principal use of the property that would require a conditional

use permit on its own . . . . [Holguin] denied the County a site

visit . . . .”

“Starting in March 2018, public complaints were submitted

to the Code Compliance Division in regard to the use of the

property for unpermitted outdoor winery-related events and

associated activities without the required permits and the

increase of traffic and noise.” “After confirming violations

described in multiple complaints . . . , the Code Compliance

Division issued a Notice of Violation . . . (Violation Case No.

7

CV18-0095) to [Holguin] on May 4, 2018.” Holguin appealed the

NOV.

In July 2018 “[a] County Building and Safety inspector

issued a Stop Work Order to [Holguin] . . . for the installation of

unpermitted electrical infrastructure and electric vehicle

charging stations for a newly paved parking lot with

approximately 40 parking spaces.” The Planning Division denied

Holguin’s request for a Zoning Clearance authorizing the

improvements. It said “that ‘the car chargers and parking lot

should be incorporated into a conditional use permit rather than

be approved through a zoning clearance’ since the construction

and new parking lot is considered an expansion of the

winery . . . .” Holguin appealed the denial of the Zoning

Clearance.

In January 2019 “County staff inspected the winery

grounds and all of the existing buildings, except for one, which

[Holguin] denied access . . . . The site inspection revealed that

the winery had, in fact, expanded significantly from its original

footprint and scope as established in the 1980s.” Another NOV

was issued to Holguin (Violation No. CV19-0012). The County

claimed that Holguin had expanded “the nonconforming winery

without a CUP” and had changed the principal use of the

property from “crop production” to a “wine tasting/associated

event venue.” Holguin filed a timely appeal.

In March 2019 a hearing before the Planning Commission

was conducted on Holguin’s appeals. The Planning Commission

unanimously denied the appeals. Holguin appealed to the Board.

After conducting a public hearing in September 2019, the Board

unanimously upheld the Planning Commission’s decision.

8

Several persons who resided on Old Creek Road spoke at

the hearing before the Board. The winery is located at the end of

the road. Angela Ross said she had visited the “old winery over

ten years ago.” “[I]t was a very small, intimate type area.”

“[T]here was only enough [space] for eight to ten customers to sit

at the little bar to do the wine tasting.” Since the reopening of

the winery after its sale to Holguin, Old Creek Road “is now like

a freeway.” “[W]e don’t get to go out and ride our bikes. We don’t

get to go out walking because there is too many cars and it is very

unsafe.” Steven Johnson complained, “There’s hundreds of cars

on the weekends.” Chris Moore said, “[T]here have been many

events over the past year that have been held without any

permits. These events have created weekend traffic that has

become untenable from the sheer number of cars, trucks, buses,

Jeep caravans, motorcycles, and 18-wheelers.”

Terri Wolfe submitted a written statement signed by 13

persons who resided on Old Creek Road. Wolfe said: “From

weddings that are advertised to have a 200-person capacity, to an

international corporate meeting for Volvo where hundreds of

people drove test cars originating at the winery, to tour bus

operators passing in full-sized tour buses, the venue has

advertised and (presumably) held 57 music events and 33 food

truck events in their first twelve months. . . . It has created a

nightmare for our road.”

Holguin filed a petition for a writ of mandate challenging

the Board’s decision. The trial court vacated the decision because

the Board had failed to make adequate written findings. The

court ordered the Board to conduct a new noticed public hearing.

Before the new hearing was conducted, the Board rescinded

the NOV for unpermitted winery events (NOV CV18-0095). The

9

remaining NOV (CV19-0012) was primarily for the unpermitted

expansion of the winery and change of principal use of the

property. The other matter before the Board was Holguin’s

appeal from the denial of its “request for a zoning clearance to

authorize . . . electric vehicle charging stations and electrical

infrastructure installed in a 40-plus vehicle parking lot that was

constructed by [Holguin] . . . without County approval.”

Terri Wolfe spoke at the new hearing in November 2021.

She said: “Old Creek Road is a very narrow County road. It’s

basically a one-lane road, and ends at a dead end. Most houses

are built within a few yards of the road. For over 20 years, I and

others rode our horses, walked dogs, we taught our children to

ride bikes, we exercised, and visited neighbors. It was a quiet,

rarely traveled road. There was a winery at the end of the road

with an estimated 20 to 30 cars visiting on a weekend day. [¶]

For the past several years, we no longer go out on the road on the

weekends. We do not exercise there, ride horses, walk dogs, or

visit with neighbors, because it’s too dangerous. Now, hundreds

of cars speed by to the event venue. They drink alcohol before

getting back in cars for the return trip. Tour vans, and wine tour

jeeps pass by continuously. . . . This past weekend, a friend

visiting the winery at our request, counted roughly 200 people

wine tasting at one time. [¶] Old Creek Road was improved for

the use of 12 single family residences. It was not constructed for

the use by a major event venue.” “We and others have

experienced the vast expansion of the winery. Storage sheds are

not used for storage sheds, and the expansion is very extensive.”

A representative from the County Fire Prevention Division

said the property is in “a high and moderate fire severity zone.”

“The proposed uses” of the property would “require a minimum

10

20-foot wide road” to the winery, but the existing road does not

meet this requirement. “[A] secondary access” to the property

would also be required, but it does not exist. The secondary

access would have to meet the same requirements as the primary

access.3

At the conclusion of the new hearing, the Board

unanimously voted to deny Holguin’s appeals. In support of its

decision, the Board made 155 findings of fact and conclusions of

law.

In December 2021 appellants filed in the trial court a 52-

page complaint against the County. Appellants sought to

overturn the Board’s denial of Holguin’s appeals. The complaint

alleged five causes of action. The first cause of action was a

petition for a writ of administrative mandate. (Code Civ. Proc.,

§ 1094.5.) The second was a petition for a traditional writ of

mandate. (Id., § 1085.) The third and fourth causes of action

were for declaratory relief, and the fifth cause of action was for

inverse condemnation.

The trial court determined that the Board’s decision should

be reviewed under the substantial evidence standard. The court

concluded: “Based on the evidence, the County has made a

compelling argument that [appellants] converted the property’s

principal use from crop and wine production into a relatively

3 The County Fire Marshall, Massoud Araghi, spoke at the

original September 2019 hearing but not at the new hearing

before the Board. At the original hearing Araghi said that, “[i]f

[the project] was coming today for conditioning, most likely [a

secondary access road] would be one of the conditions.” Araghi

was concerned about “having the number of people in a location

where it would be difficult to evacuate in a fire or any emergency

situation.”

11

elaborate commercial wine bar and event space.” “‘[T]he County

seeks for [appellants] to either abide by the scope of the winery’s

legal nonconforming use by scaling back to its historic size and

operations, or seek the necessary conditional use permit for the

expanded and modified winery. Substantial evidence supports

the Board’s decision to uphold the violations and deny

[appellants’] appeals . . . .’”

The trial court entered judgment in favor of the County on

appellants’ writ petitions and causes of action for declaratory

relief. Appellants dismissed without prejudice the remaining

cause of action for inverse condemnation.

Standard of Review

“The exclusive remedy for judicial review of administrative

action affecting land use is a proceeding under Code of Civil

Procedure section 1094.5. [Citations.] A trial court’s review of an

administrative decision is subject to two possible standards

depending on the nature of the right involved. [Citation.] [¶] If

the administrative decision involved or substantially affected a

‘fundamental vested right,’ the [trial] court exercises its

independent judgment upon the evidence disclosed in a limited

trial de novo in which the court must examine the administrative

record for errors of law and exercise its independent judgment

upon the evidence. [Citations.] [¶] Where no fundamental

vested right is involved, the trial court's review is limited to

examining the administrative record to determine whether the

agency’s decision and its findings are supported by substantial

evidence in light of the whole record. [Citation.]” (SP Star

Enterprises, Inc. v. City of Los Angeles (2009) 173 Cal.App.4th

459, 468-469 (SP Star Enterprises).)

12

“Regardless of the nature of the right involved or the

standard of judicial review applied in the trial court, an appellate

court reviewing a trial court’s ruling on administrative

mandamus applies a substantial evidence standard. [Citations.]

‘If a fundamental vested right was involved and the trial court

therefore exercised independent judgment, it is the trial court’s

judgment that is the subject of appellate court review.

[Citations.] On the other hand, if the [trial] court properly

applied substantial evidence review because no fundamental

vested right was involved, then the appellate court’s function is

identical to that of the trial court. It reviews the administrative

record to determine whether the agency’s findings were

supported by substantial evidence . . . .’’ ” (SP Star Enterprises,

supra, 173 Cal.App.4th at p. 469.)

“Under the substantial evidence test, the agency’s findings

are presumed to be supported by the administrative record and

the appellant challenging them has the burden to show they are

not.” (SP Star Enterprises, supra, 173 Cal.App.4th at p. 469.)

“[T]he reviewing court [must] consider all relevant evidence in

the administrative record and view that evidence in the light

most favorable to the agency’s findings, drawing all inferences in

support of those findings. [Citation.] The reviewing court does

not substitute its own findings and inferences for that of the

agency. [Citation.] ‘Only if no reasonable person could reach the

conclusion reached by the administrative agency, based on the

entire record before it, will a court conclude that the agency’s

findings are not supported by substantial evidence.’” (Akella v.

Regents of University of California (2021) 61 Cal.App.5th 801,

814 (Akella).)

13

“‘[T]he burden is on appellant to show there is no

substantial evidence whatsoever to support the findings of the

Board.’ [Citation.] [¶] . . . It is for the [Board] to weigh the

preponderance of conflicting evidence . . . .” (Young v. City of

Coronado (2017) 10 Cal.App.5th 408, 419 (Young).) “‘‘Substantial

evidence has been defined as relevant evidence that a reasonable

mind might accept as adequate support for a conclusion. . . .”’”

(Inyo Citizens for Better Planning v. Inyo County Bd. of

Supervisors (2009) 180 Cal.App.4th 1, 13.)

The Trial Court Correctly Applied the

Substantial Evidence Standard of Review

Appellants contend the judgment must be reversed because

the trial court erroneously applied the substantial evidence

standard of review. Appellants argue, “[B]ecause Holguin’s

fundamental vested rights to the historical use of the Winery are

at stake, the law requires that the evidence be subject to the

court’s independent judgment.”

“A right may be deemed fundamental ‘“on either or both of

two bases: (1) the character and quality of its economic aspect;

[or] (2) the character and quality of its human aspect.” [Citation.]

“The ultimate question in each case is whether the affected right

is deemed to be of sufficient significance to preclude its extinction

or abridgement by a body lacking judicial power. [Citation.]”

[Citation.] “In determining whether the right is fundamental the

courts do not alone weigh the economic aspect of it, but the effect

of it in human terms and the importance of it to the individual in

the life situation.”’ [Citation.] Further, a fundamental right is

vested if it is ‘already possessed by the individual’ . . . .”

(Saraswati v. County of San Diego (2011) 202 Cal.App.4th 917,

926-927.)

14

“The courts have rarely upheld the application of the

independent judgment test to land use decisions. Those cases [in

which the courts have applied the test] have typically involved

classic vested rights.” (Goat Hill Tavern v. City of Costa Mesa

(1992) 6 Cal.App.4th 1519, 1527 (Goat Hill Tavern).)

Appellants assert: “Where a petitioner has a vested right to

a nonconforming use and seeks approval to expand it, courts will

employ substantial evidence review. [Citation.] But when a

petitioner’s action seeks to protect its existing nonconforming use

from government action which threatens to extinguish the

existing and vested right, such as here, the trial court must

independently review the evidence.” “Holguin does not argue

that it has a vested right to expand the nonconforming use. Nor

has Holguin applied for an expansion of the nonconforming use.”

“Holguin contends that its vested rights are governed by the

scope of the business in 1985,” when the NCZO was amended to

require a conditional use permit for a winery with a wine-tasting

room or with over 2,000 square feet of structures. “Holguin

argues . . . that (1) it has the right to maintain an unexpanded

nonconforming use as it existed in 1985, and (2) the County’s

actions have infringed on that right.”

If Holguin has a fundamental vested right to maintain an

unexpanded, nonconforming use of the winery as it existed in

1985, the County has not taken any action to narrow the scope of

that use. In 1985 the winery was limited to 600 square feet, and

the wine-tasting room was limited to 75 square feet within the

confines of the winery. (See the December 1981 Zoning

Clearance attached hereto as Appendix A.) Accordingly, the trial

court correctly applied the substantial evidence standard of

15

review because the Board’s decision did not affect a fundamental

vested right.

Goat Hill Tavern, supra, 6 Cal.App.4th 1519, is

distinguishable. There, the court held that a city’s refusal to

renew a tavern owner’s conditional use permit implicated a

fundamental vested right – “the right to continue operating an

established business in which he has made a substantial

investment.” (Id., at p. 1529.) “By simply denying renewal of its

conditional use permit, the city destroyed a business which has

operated legally for 35 years.” (Id., at p. 1531.)

The County did not destroy Holguin’s business. Unlike the

tavern owner, Holguin was allowed to continue to operate the

winery and wine-tasting room as they had been operated by

previous owners within the parameters of the 1985 legal

nonconforming use.

Substantial Evidence Supports

Violations 1, 3, 4, and 8 of NOV CV19-0012

Appellants contest the Board’s upholding of violations 1, 3,

4, and 8 of NOV CV19-0012.

Violation 1

As described in NOV CV19-0012, Violation 1 is as follows:

“Expansion of the non-conforming winery without a CUP

(structures/uses beyond the 2,000-sq. ft. ministerial limit) – wine

tasting/associated event venue has become the principal use of

the property and not secondary to wine production (crop

production) and includes several additional structures used for

the wine tasting/event venue and grounds improvements . . . .”

At the new hearing before the Board in September 2021,

Franca Rosengren, the case planner for the project, stated: “The

principal use of the property was historically agricultural, and

16

now it is no longer producing crops on site for the production of

wine, but rather it’s run as a de facto bar, where they’ve set up

several bars throughout the facility, or the property, where

they’re . . . serving and selling wine grown and produced off site.

They’ve increased the area occupied by the public wine tasting,

and also the occupancy capacity of the buildings, and the parking

lots.” “So the winery footprint has tripled in size, buildings have

been converted to winery related uses, which exceed the 2,000

square foot ministerial Zoning Clearance limit, and crop

production has become secondary to the winery use.”

Jacklyn Smith, Assistant County Counsel, stated, “[W]hat

we know is that under the Whitmans, their wine tasting

operation was limited to wine tasting inside of the original, 1981

winery building. What we also know is that under [Holguin’s]

ownership, wine tasting occurs pretty much throughout the

property. It was no longer just limited to the inside of that

original winery building.”

A newspaper article published in the Ventura County Star

on April 1, 2018, said that in late February 2018 a private wine-

tasting event had occurred at the winery. “Available by the taste,

glass and bottle, the wines were poured at outdoor counters by”

members of the Holguin family. “The outdoor counters will be in

use again come April 7,” when the winery will celebrate its

official reopening.

The Board found: “Permittee testified that the grapes used

to make wine now being served at the [winery] are grown offsite

in Paso Robles and Northern Santa Barbara County.[4] . . . [T]he

4 The Board said that “Permittee” refers collectively to

appellants Holguin, i.e., Holguin Family Ventures, LLC, and

17

grapes are then shipped to a winery in Paso Robles where they

are crushed, fermented and bottled. [Record citation.] In

contrast, Permittee acknowledged that the prior owner . . . had

conducted winemaking onsite. [Record citation.] [¶] [] Permittee

has converted the principal use of the property from agricultural

use to instead using the property for the principal purposes of

serving and selling wine produced offsite and associated

assembly uses. [Record citation.] Permittee has increased the

amount of wine that can be and presumably is being sold, as well

as [the] number of patrons and overall intensity of the winery

land use, as compared to the property’s historic nonconforming

winery use.” “Based upon Permittee’s unpermitted expansion

and changed use of the winery such that the principal use is no

longer agricultural production, the County issued NOV CV19-

0012 to Permittee . . . .” Section 8102-0 of the NCZO defines

“expansion” as “[i]ncreasing the area or volume occupied by or

devoted to a use . . . .” It defines “Change of Use” as occurring

“[w]here a new use of land or structures is initiated in place of, or

in addition to, a previous use.”

In support of its decision to uphold violation 1, the Board

made 15 findings. One of the findings was that “[a]n ABC license

premises diagram dated March 29, 2018, which was submitted by

Permittee to obtain a revised ABC license, increased the area

designated for public wine consumption at the winery to 130,000

sq. ft. and encompassed multiple buildings and structures never

before authorized for public wine and consumption in prior

winery ABC licenses.” The diagram is attached hereto as

Appendix C.

OCRW, Inc., as well as Andrew Holguin, who is not named as an

appellant.

18

Appellants contend that “what Holguin is accused of [i.e.,

the change of principal use of the property without a CUP,] isn’t

even a violation.” We disagree. The Board explained: “Because

the principal use of the property was historically agricultural,

and because Permittee has ‘change[d] the use’ of the property to

now be used principally for the purpose of serving and selling

wine grown and produced offsite, at a volume and intensity that

far exceeds any prior wine tasting operation, the [Permittee]

must ‘conform to the provisions of [the NCZO], including the

requirements for type of permit.’ Under the current provisions of

the NCZO, a CUP is required to operate the winery because it is

a winery in the A-E zone ‘with public tours or tasting rooms.’[5]

(NCZO, § 8105-4 [permitted use matrix for wineries].) Wineries

are categorized as a ‘Crop and Orchard Production’ land use,

meaning that wineries must principally consist of the growing of

grapes and production of wine onsite. (Ibid.) Thus, because [the

NCZO, § 8105-4] Permittee has ‘change[d] the use’ of the property

as compared to its historic nonconforming use, Permittee’s

current operation requires a CUP and exists in violation of

sections 8101-3.1, 8105-4 and 8113-10.3(b).” NCZO section 8113-

10.3(b) provides: “Except as provided in this Section, any

modification or expansion of the use or structure, change of use,

or additional use shall conform to the provisions of this Chapter,

including the requirements for type of permit. . . . .”

5 NCZO section 8104-1.2 provides: “The purpose of [the

Agricultural Exclusive (AE) 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 agricultural industry.”

19

Appellants next claim that the “Board’s findings do not

support” the change-of-principal-use violation. “[T]he findings

‘must expose the board's mode of analysis to an extent sufficient

to serve the purposes’ of the need for findings.” (Young, supra, 10

Cal.App.5th at p. 421.) “[T]he findings should ‘enable the parties

to the agency proceeding to determine whether and on what basis

they should seek review.’” (Ibid.) “[C]ourts have stated that

‘[a]dministrative agency findings are generally permitted

considerable latitude with regard to their precision, formality,

and matters reasonably implied therein.’ [Citation.] An agency’s

findings under Code of Civil Procedure section 1094.5 ‘do not need

to be extensive or detailed.’ [Citation.] ‘In addition, findings are

to be liberally construed to support rather than defeat the

decision under review.’” (Ibid.) We agree with the County that

the Board’s detailed “findings provide more than enough

information to bridge the analytic gap between the evidence and

the decision.”

Finally, appellants maintain that “the Board’s findings on

the principal use claim are not supported by the evidence.” (Bold

and capitalization omitted.) Appellants assert that there “is not

sufficient evidence to conclude that the principal use of the Ranch

was ever agriculture in comparison to the Winery.”

Substantial evidence supports the Board’s finding that in

the 1980s the “principal use of the property was agricultural.”

According to “A Historical Geography” of the property prepared

by Barbara Ann Snyder in 1985, at that time the property

contained “a large orchard and there are on-going experimental

plantings. A survey is now in progress and a new map of the

plantings soon to be completed will include: 11 varieties of apples,

7 of plums, 6 of apricots, 5 of almonds and pears, 4 of cherries,

20

peaches and figs, just to name a few. In addition to the tree

crops, an acre of boysenberries and 7 varieties of seedless grapes

have been planted.” In 1981 “[t]wenty-two hundred wine grapes

[sic, should read ‘grape vines’] were planted on 4 ½ acres. . . . A

projected goal of 15 acres is anticipated for the future.” “[T]he

open hillsides . . . are today used for agriculture: oat[,] hay,

deciduous fruits, berries, etc. ‘The ranch has some 120

agriculture acres and the remainder [207] [acres] is

wildlands . . . .” (Brackets for “207” in orignal.) An earlier owner

of the property, Antonio Riva, “planted apple, pear and plum

trees and various vegetables and sold produce to city dwellers in

Ventura.” He also “planted approximately 14 acres of grapes.”

Violation 3

Violation 3 of NOV CV19-0012 alleges that Holguin made a

“[n]on-permitted conversion” of a “2,000-sq.ft. agricultural

storage building” to a building “for ‘amusement and recreational

activities’, such as . . . yoga instruction[,] . . . contributing to the

expansion of the non-conforming winery use . . . .” Substantial

evidence supports Violation 3.

The Board found that the 2,000 square-foot agricultural

storage building had been used for winery-related events because

“[o]n January 1, 2019, Permittee hosted a yoga and wine-tasting

event inside the [building], which according to Permittee,

featured a ‘2 hour yoga class followed by wine tasting including

six varietals.’” The quoted language attributable to Permittee is

taken from an advertisement for the event. The advertisement

stated, “Only a few remaining spots for tomorrow’s Yoga & Wine

Tasting!”

The Board also found that “[a] social media post by

Permittee shows the 2,000 sq. ft. . . . building being used for

21

‘pourer training and wine tasting.’ Permittee refers to the 2,000

sq.ft. . . . building as ‘the new tasting room.’” “Photos of the 2,000

sq. ft. . . . building show a built-in wooden bar, multiple wine

barrel tables with chairs . . . .” “Photos show groups of people

drinking wine at the 2,000 sq. ft. agricultural building.”

The Board concluded: “The use of such building for a yoga

and wine tasting event on January 1, 2019, for pourer training

and wine tasting, and in light of the permanent fixtures installed

to facilitate wine tasting such as a permanent wooden bar, . . .

and wine barrel tables and chairs demonstrate that the structure

was constructed and is used for the winery use and therefore

‘expands’ upon the historic, nonconforming winery use. A

CUP was therefore required to authorize the construction and

use of this winery building.” “Moreover, by constructing and

using an additional 2,000 sq. ft. building for winery-related uses,

in addition to the 2,000 sq. ft. winery building authorized by

ZC15-0948 [Appendix B, p. 1], Permittee violated [the NCZO]

because Permittee is operating a winery with a tasting room, and

with greater than 2,000 sq. ft. of structures, without the requisite

CUP.” We agree with the Board.

Appellants argue, “[T]he Board incorrectly assumed that

Holguin is limited to 2,000 [square feet] of winery-related

structures.” Contrary to appellants’ argument, ZC15-0948

(Appendix B, p. 1) granted to Holguin “Zoning Clearance for a

certificate of occupancy for an existing winery of up to 2,000 sq.ft.

(bottling, processing, and storage).” ZC15-0948 refers to Zoning

Clearance no. 37254 (Appendix A), which shows that the 75

square-foot wine-tasting area is located within the winery.

Appellants acknowledge that ZC15-0948 “references and

maintains the existing . . . produce stand,” i.e., the wine-tasting

22

area. In Whitman’s counsel’s December 2007 letter to the

County, counsel said, “[T]he wine tasting area within [the

winery] has remained the same size and has operated in the

same way since it was permitted in December 1981.”

Because appellants did not appeal ZC15-0948 when it was

issued in 2015, they are bound by it. “A landowner cannot

challenge a condition imposed upon the granting of a permit after

acquiescence in the condition by either specifically agreeing to

the condition or failing to challenge its validity, and accepting the

benefits afforded by the permit.” (Rossco Holdings Inc. v. State of

California (1989) 212 Cal.App.3d 642, 654 (Rossco Holdings

Inc.).) Section 8111-7.1 of the NCZO provides for the filing of

“[a]n application for an appeal concerning any order,

requirement, permit or decision made in the administration of

[the NCZO].”

In their opening brief appellants contend “the County

issued entitlements for winery-related structures far exceeding

the NCZO’s current 2,000-[square-foot] ministerial cap.” They

list four zoning clearances issued between 1981 and 1990 that

allegedly expanded the floor space of the winery beyond the 2,000

square-foot limit. If such an expansion occurred, appellants

should have challenged the 2,000 square-foot limit of ZC15-0948

when it was issued to them in 2015. Instead, Andrew Holguin

signed the following certification on ZC15-0948, “I have reviewed,

read and understand the terms, notes and conditions of this

permit . . . and agree to abide by them . . . .” (Italics added; see

Appendix B, p. 2.) In a letter to the Planning Division dated

November 1, 2017, Andrew Holguin wrote, “Under current zoning

restrictions OCRW [Old Creek Ranch Winery] is limited to 2,000

sf of Winery.”

23

In any event, three of the four zoning clearances cited by

appellants made no mention of expanding the winery. Zoning

Clearance No. 36533, issued on March 13, 1981, authorized the

construction of a 30 x 30-foot “out-structure office/tack rm.”

Zoning Clearance No. 36763, issued on May 28, 1981, authorized

the construction of a 20 x 30-foot “storage structure on ag.

preserve.” Zoning Clearance No. 43844, issued on August 8,

1986, authorized a “storage addition” without specifying the

dimensions of the addition. The fourth Zoning Clearance, No.

67780 issued on January 23, 1990, authorized a 676 square-foot

expansion of the winery. As we noted at p. 3, ante, this expansion

increased the size of the winery from 600 to approximately 1,276

square feet, well within the 2,000 square-foot limit specified in

ZC15-0948.

Violation 4

Violation 4 of NOV CV19-0012 is for a “[n]on-permitted

conversion of [a] 900 sq. ft. agricultural shed to a large

agricultural sales facility that includes the display of items for

sale, such as books, china, wine baskets, shirts, and olive oil . . . .”

Substantial evidence supports Violation 4.

The Board found: “Permittee applied for and, on November

30, 2016, was issued a zoning clearance to construct a 900 sq. ft.

general agricultural storage building with utility sink and

covered deck on Permittee’s property . . . .” “At site inspection

conducted by Planning staff on January 9, 2019, the . . .

[building] did not contain any agricultural-related equipment or

materials but rather included the display of items for winery-

related retail sale such as books, china, wine baskets, shirts and

olive oil.” “The addition of a 900 sq.ft. building used by Permittee

to display winery-related merchandise for sale to patrons of the

24

winery is an ‘expansion of the [nonconforming] . . . use or

structure’ of the winery. . . . [It] add[s] uses or structures

accessory to the 2,000 sq. ft. winery building authorized by ZC15-

0948. . . . [B]ecause the 900 sq. ft. general agricultural barn . . .

expands upon the nonconforming winery, the current permit

requirement of the NCZO apply and under those provisions a

CUP is required to operate the winery.”

The administrative record includes a posting on social

media that shows a photograph of the purported agricultural

storage building. Next to the photograph, Holguin stated, “Our

‘Fruit Stand’ is coming along! Can’t wait for it to open so you can

see what we will have in-store!” A member of the public

responded, “A fruit stand. What a great addition. This will be a

full service Winery for sure.” The response shows that the public

perceived the sales facility to be an integral part of the winery.

Another photograph shows a sign with the word “WINERY”

in bold letters. An arrow points in the direction of the winery.

Below this sign is another sign in bold letters advertising

“Holiday Gifts.” The sign shows that appellants intended the

sales facility to be an integral part of the winery. It was the

winery’s “gift shop.”

Violation 8

Violation 8 of NOV CV19-0012 alleges that Holguin made a

“[n]on-permitted expansion of the non-conforming winery use, by

using the approximately 3,000 sq. ft. agricultural storage

building for the storage/warehousing of boxes of bottled wine,

which should be located within the existing 2,000-sq. ft. wine

tasting, wine storage building, without a CUP . . . .”

Appellants argue: “[The] Building [] is approved for

agricultural and storage uses. [Record citation.] Wine in bottles

25

and barrels is the product of the agricultural operation of

processing grapes into wine and can be stored in Holguin’s

agricultural buildings like any other agricultural product or

equipment. . . . Holguin is just storing agricultural end-products

in a building permitted for agricultural storage.”

We disagree. ZC15-0948 (Appendix B, p. 1) provides

“Zoning Clearance for a certificate of occupancy for an existing

winery of up to 2,000 sq. ft. (bottling, processing, and storage)

. . . .” (Italics added.) Thus, bottles of wine are to be stored

within the winery. Moreover, the Board noted that “[t]he storage

of wine bottles or finished wine in barrels is specifically identified

[by the NCZO] as counting toward the square footage of a winery

use. (NCZO, § 8105-4 (‘Wineries’).)” NCZO section 8105-4

provides, “Wineries (including Processing, Bottling & Storage)”

require a CUP if the square footage of the “structure” is “[o]ver

2,000 . . . sq. ft.” (Italics added.)

Accordingly, substantial evidence supports the Board’s

finding that, “[b]ecause Permittee used the agricultural

building . . . to store bottles of wine, this square footage is

counted toward the winery use. And because such square footage

exceeds 2,000 sq. ft., a CUP is required.”

Substantial Evidence Supports the Board’s Denial of a

Zoning Clearance for the Parking Lot and Charging Stations

The Board found: “Permittee’s zoning clearance application

. . . seeks to . . . legalize, after-the-fact, EV charging stations and

associated electrical infrastructure located in a new paved

parking lot constructed by Permittee. [Record citation.]

Permittee removed and paved over what was previously an

agricultural field designated as having soils of statewide

importance, measuring approximately 16,000 sq. ft., to construct

26

the parking lot where the EV charging stations are located.

[Record citation.] The . . . parking lot contains approximately 40-

50 parking spaces. [Record ciation.] [¶] [] The parking lot, EV

charging stations and related electrical infrastructure are used

by patrons of the winery when they visit the winery for wine

tasting and/or other winery-related activities.”

The Board further found that, by installing the new

parking lot and EV charging stations, “Permittee ‘increase[d] the

area . . . [of the property] occupied by or devoted to’ the use of the

winery. Moreover, the installation of EV charging stations . . .

[was] for the purpose of attracting more patrons and increasing

the intensity of the use beyond that of the historic wine tasting

operation.” “[B]ecause the parking lot, EV charging stations and

related electrical infrastructure modifies and expands upon the

winery use, a CUP is required to approve such modifications and

expansions.”

Appellants contend: “[T]he parking area of the Ranch is not

part of the Winery. Nor is the parking area a use or structure

that is accessory to the Winery.” “[T]he parking lot did not

increase the area or volume occupied by or devoted to the winery.

Parking on the Ranch is not new; the Ranch has historically been

open to the public, including public visitors to the Winery.

[Record citation.] Parking has historically occurred throughout

the Ranch in unpaved areas . . . .” “Thus, Holguin did not

‘expand’ the Winery merely by upgrading the Ranch’s preexisting

parking areas, paving the lot and including eco-friendly charging

stations. There is no basis for requiring Holguin to seek a

discretionary CUP just to provide a paved parking surface.”

Viewing the “evidence in the light most favorable to the

[Board’s] findings, [and] drawing all [reasonable] inferences in

27

support of those findings,” we conclude a reasonable person could

find that appellants’ installation of the parking lot and charging

stations was an integral component of the expansion of the

winery beyond its legal non-conforming use. (Akella, supra, 61

Cal.App.5th at p. 814.) The winery previously had been a small

operation. Angela Ross, who spoke at the original hearing before

the Board, said that when she had visited the “old winery over

ten years ago . . . it was a very small, intimate type area.”

“[T]here was only enough [space] for eight to ten customers to sit

at the little bar to do the wine tasting.”

The paved parking lot with 40 to 50 parking spaces and EV

charging stations was much larger than necessary to

accommodate visitors to the winery before its expansion by

appellants. The purpose of these improvements was to attract

many more visitors than the unexpanded winery could

accommodate, thereby promoting and facilitating its expansion.

We agree with the case planner’s statement at the original Board

hearing that the expansion of the winery and the installation of

the paved parking lot and charging stations must be considered

together as comprising a single project. The case planner said,

“We look at . . . the whole of the action. [The parking lot and

charging stations] are part of the winery itself and part of the []

now . . . non-conforming winery.”

The Trial Court Did Not Abuse Its Discretion in

Denying Appellants’ Motion to Amend Their Complaint

After the trial court had ruled in favor of the County, but

before judgment was entered, appellants filed a motion to amend

their complaint to add a new cause of action for declaratory relief.

The proposed new cause of action stated: “On November 28, 2022,

this Court denied [appellants’] petitions for writ of mandate,

28

ruling that [they] must ‘either abide by the scope of the winery’s

legal nonconforming use by scaling back to its historic size and

operations, or seek the necessary conditional use permit for the

expanded and modified winery.’ However, the Court’s ruling did

not establish the ‘historic size and operations’ of the Winery—an

open question that must be answered in order to inform

[appellants] as to the NOV abatement that is supposedly

required.” “[Appellants] thus seek a judicial declaration: (1) that

the [March 5,] 2008 Letter [from the Planning Director to

Whitman, the winery’s previous owner,] does not establish the

‘historic size and operations’ of the Winery; and (2) determining

the ‘historic size and operations’ of the Winery.”

The trial court denied appellants’ motion to amend. It

stated three grounds for the denial. The first was that “[t]he

proposed cause of action is essentially the same as the

declaratory relief causes of action which were already decided

and denied.” The court explained: “The Court previously upheld

the Board's decisions regarding the notice of violations as

outlined in [the] 2008 letter and the 2015 [zoning] clearance

[Appendix B], which described and outlined the historic use of the

winery. While the Court’s Order may not have explicitly

described the applicable operating hours, customer counts and

limits, types and frequency of events, etc., the underlying letter

and [zoning] clearance did. The Court upheld the NOV decisions

in their entirety which were based upon those documents. There

is no ambiguity in need of clarification.”

The court’s second ground for denying the motion was that

“the delay in moving to amend [is not] justified because

[appellants have] not adequately explained the failure to raise

the claim earlier.” The third ground was that appellants have

29

“not alleged an actual controversy that is proper for resolution by

the Court in the first instance because the Court will not issue an

advisory opinion.”

“‘[T]he trial court has wide discretion in allowing the

amendment of any pleading [citations], [and] as a matter of policy

the ruling of the trial court in such matters will be upheld unless

a manifest or gross abuse of discretion is shown. . . .’” (Record v.

Reason (1999) 73 Cal.App.4th 472, 486 (Record).) “A court abuses

its discretion if its ruling is so irrational or arbitrary that no

reasonable person could agree with it. [Citation.] An abuse of

discretion occurs if, in light of the applicable law and the relevant

circumstances, the court's decision exceeds the bounds of reason,

resulting in a miscarriage of justice.” (Olive v. General Nutrition

Centers, Inc. (2018) 30 Cal.App.5th 804, 827-828.)

The trial court did not abuse its discretion in denying leave

to amend the complaint to add the new cause of action.

Appellants’ justification for adding the cause of action was

unfounded. They alleged that the court had ruled that appellants

“must ‘either abide by the scope of the winery’s legal

nonconforming use by scaling back to its historic size and

operations, or seek the necessary conditional use permit for the

expanded and modified winery.’” But the court did not so rule.

Instead, it said, “‘[T]he County seeks for [appellants] to either

abide by the scope of the winery’s legal nonconforming use by

scaling back to its historic size and operations, or seek the

necessary conditional use permit . . . .’” (Italics added.) The

court’s ruling was that “‘[s]ubstantial evidence supports the

Board’s decision to uphold the violations and deny [appellants’]

appeals . . . .’”

30

Furthermore, the trial court reasonably concluded that

clarification was unnecessary because the Board’s detailed

findings make clear that, if appellants do not obtain a CUP, they

must limit the winery and wine-tasting area to the 2,000 square-

foot winery building that existed in 2015 when the County issued

Holguin the Inauguration of Use ZC 15-0948. ZC 15-0948

specifies the permissible “hours of operations for the tasting

room” and provides that “[n]o special events will be permitted on

the site until an approved Conditional Use Permit is issued.”

(Appendix B, p. 1.)

In addition, the Board’s findings make clear that appellants

are bound by the March 5, 2008 letter from the Planning Director

to Whitman. ZC 15-0948 states, “See previous correspondence

between Planning Management and previous owner [Whitman]

for clarification.” When ZC 15-0948 was issued on September 21,

2015, appellants knew that this correspondence includes the

March 5, 2008 letter. The Board found: “On August 10, 2015,

[before ZC 15-0948 was issued,] Permittee sent the Planning

Division a letter acknowledging the aforementioned March 5,

2008, letter establishing the scope of the legal nonconforming

winery use. [The letter was from Andrew Holguin in his capacity

as President of OCRW, Inc.] The letter then requested

permission for [the winery] to have ‘slightly’ longer operating

hours [than permitted in the March 5, 2008 letter]. [Record

citation.] In a response to Permittee’s architect dated August 19,

2015, [also before ZC 15-0948 was issued,] the Planning Division

informed [the architect] that a CUP would be required to exceed

the operating parameters of the March 5, 2008, letter, and stated

that . . . ‘[the winery] will be only allowed to operate under the

standards set forth in the March 5, 2008 letter’ [record citation].

31

Consequently Permittee, by its own admission, was informed and

understood the limitations of the legal nonconforming winery use

that could continue without the need for a CUP . . . .”

The Board found that, by not administratively appealing

“the Planning Director’s determination as to the scope of the

nonconforming winery” as set forth in the March 5, 2008 letter,

Whitman had “waive[d] her right, and the right of all subsequent

owners of the property, to challenge [that determination].” (Italics

added.) Irrespective of Whitman’s waiver, appellants are bound

by the March 5, 2008 letter because they did not appeal ZC 15-

0948, which incorporated the letter. (Rossco Holdings Inc.,

supra, 212 Cal.App.3d at p. 654.)

In their reply brief appellants assert: “Holguin was a new

owner and would not have even known that the [March 5,] 2008

Letter existed. That Holguin would have been expected to

surmise that the 2015 Zoning Clearance incorporated some letter

it was not even aware of is absurd.” The previously referred to

August 10, 2015 letter from Andrew Holguin shows that

appellants’ assertion is false. In that letter Andrew Holguin

expressly mentioned the March 5, 2008 letter: “In another letter

from Ventura Country [sic] . . . dated March 5, 2008 (see

attached) the country [sic] authorized the following hours and

conditions of operation of the Wine Tasting Room and associated

facilities . . . .” Andrew Holguin said that “OCRW, Inc. is asking

for a slight increase in [the hours of] operation from the previous

owner [Whitman] of Old Creek Ranch . . . .”

Finally, the trial court did not abuse its discretion because

it reasonably concluded that appellants had unreasonably

delayed their motion to amend the complaint. “‘[E]ven if a good

amendment is proposed in proper form, unwarranted delay in

32

presenting it may—of itself—be a valid reason for denial.’”

(Record, supra, 73 Cal.App.4th at p. 486.)

Appellants’ Third Cause of Action for Declaratory Relief

Appellants’ third cause of action for declaratory relief

alleged, inter alia, that they “may host an unlimited number of

outdoor events with up to 100 attendees at the Ranch pursuant to

NCZO § 8107-46.1,” and that they “may host up to 10 outdoor

events with between 101 and 350 attendees at the Ranch

pursuant to NCZO § 8107- 46.3(a)(3).” The trial court ruled, “The

claim for declaratory relief is denied because the County

rescinded the NOV [NOV CV18-0095] citing [appellants] for

hosting large-scale winery events. . . . The issue is moot.”

Appellants argue that the issue is not moot because “the

County threatened Holguin with further violations and penalties

in the case of additional outdoor events.” Appellants contend:

“The County . . . has no basis to prohibit Holguin from hosting

outdoor events consistent” with an ordinance that was enacted in

2018, NCZO section 8107-46 (the Outdoor Events Ordinance).

“By its terms, the . . . ordinance allows Holguin to host outdoor

events consistent with its parameters.” “True, the 2015 Zoning

Clearance [ZC15-0948 (Appendix B)] does say that no special

events will be permitted until an approved conditional use permit

is issued [record citation], but that was before the law changed in

2018 . . . . [The law] has now changed with the [enactment of the

Outdoor Events] Ordinance, which governs.” Therefore, this

court should “direct[] the trial court to enter a judgment declaring

that Holguin is entitled to the benefits and regulations of the

[Outdoor Events] Ordinance.”

The Outdoor Events Ordinance is inapplicable to

appellants. “The purpose of [section] 8107-46 is to regulate

33

outdoor events to ensure they are compatible with surrounding

land uses and are not detrimental to public health and safety of

the environment.” (NCZO § 8107-46.1.) The NCZO defines

“Outdoor Events” as excluding events “addressed by a permit or

entitlement issued under this Chapter.” (NCZO § 8102-0.)

Therefore, the Outdoor Events Ordinance does not override

ZC15-0948’s requirement that “[n]o special events will be

permitted on the site until an approved Conditional Use Permit

is issued.” Nor does it override the restrictions set forth in the

March 5, 2008 letter.

In a letter to Holguin dated August 27, 2021, the County’s

Code Compliance Director gave additional reasons why the

Outdoor Events Ordinance does not apply to appellants’ winery:

“By its own terms, the Outdoor Events Ordinance does not apply

to events which are ‘separately regulated [under this Chapter]’

. . . . (NCZO, § 8102 . . . .) Wineries in the Agricultural-Exclusive

zone, including wineries with a tasting room (such as [appellants’

winery]) are ‘separately regulated’ under the NCZO (see NCZO,

§ 8105-4 . . . .); thus, events held at [appellants’] winery fall

outside the purview of the Outdoor Events Ordinance. Winery

events on [appellants’] property are further regulated by the

nonconforming use provisions of the NCZO and for that

additional reason such events are not subject to the Outdoor

Events Ordinance. (See Articles 2 and 13.)”

“In interpreting municipal [or county] ordinances, we

exercise our independent judgment as we would when construing

a statute. [Citation.] Nonetheless, a city’s [or county’s]

interpretation of its own ordinance ‘“is entitled to great weight

unless it is clearly erroneous or unauthorized.”’ [Citation.] . . .

Greater deference is accorded an agency’s interpretation where

34

‘“the agency has expertise and technical knowledge . . . since the

agency is likely to be intimately familiar with regulations it

authored and sensitive to the practical implications of one

interpretation over another.”’” (Berkeley Hills Watershed

Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880, 896.)

Accordingly, regardless of whether the applicability of the

Outdoor Events Ordinance is moot, the trial court did not err in

denying the third cause of action’s claim for declaratory relief.

“‘No rule of decision is better or more firmly established by

authority, nor one resting upon a sounder basis of reason and

propriety, than that a ruling or decision, itself correct in law, will

not be disturbed on appeal merely because given for a wrong

reason. If right upon any theory of the law applicable to the case,

it must be sustained regardless of the considerations which may

have moved the trial court to its conclusion.’” (D'Amico v. Board

of Medical Examiners (1974) 11 Cal.3d 1, 19.)

Disposition

The judgment is affirmed. The County shall recover its

costs on appeal.

YEGAN, J.

We concur:

GILBERT, P. J.

BALTODANO, J.

35

37

Benjamin F. Coats, Judge

Superior Court County of Ventura

______________________________

Jeffer Mangels Butler & Mitchell and Matthew D. Hinks,

Lara L. Leitner, for Plaintiffs and Appellant.

Tiffany N. North, County Counsel, Jeffrey E. Barnes, Chief

Assistant County Counsel, David Edsall, Jr., Assistant County

Counsel, for Defendant and Respondent.

40

Filed 8/13/24

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HOLGUIN FAMILY 2d Civ. No. B328569

VENTURES, LLC, et al., (Super. Ct. No. 56-2021-

00561036-CU-WM-VTA)

Plaintiffs and Appellants, (Ventura County)

v. ORDER CERTIFYING

OPINION FOR PUBLICATION

COUNTY OF VENTURA, [NO CHANGE IN JUDGMENT]

Defendant and Respondent.

THE COURT:

The opinion in the above-entitled matter filed on July 24,

2024, was not certified for publication in the Official Reports. For

good cause, it now appears that the opinion should be published

in the Official Reports and it is so ordered.

GILBERT, P. J. YEGAN, J. BALTODANO, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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