Zoning Laws Applied

I ran the previous properties through the zoning formulas that I found. I have to guess at the zoning to the best of my ability and just divide it between rural (O-S, A-E, and R-A) and suburban (R-O). Casa de Kelly was 1.42 acres and suburban. Using the R-O formula, it gets 5.1 units. That’s five horses and a chicken. No dogs or cats would fit. Or you could have four horses, two dogs, a cat, and an emu (variety is the spice of life, they say). In light of this, I am even more curious about the owner’s claim to have kept 16 horses there at one point. Of course, as a rescue agency, it’s possible there were special permits in effect.

The first Somis property is 19.51 acres and rural, so it gets unlimited animals. If, for fun, we apply the per acre formula, there are 85 units allowed. Eighty-five horses. It boggles the mind. But if you want a mixed bag, you could have 40 horses (boarders might be wise), 8 dogs (you have your own hunting pack), 50 hens and roosters (omelets, anyone?), a rabbit or 20 for your kids, and a herd of 37 buffalo. Needless to say, these zoning laws do not reflect what can be reasonably kept on a piece of land. This example set up would be madness on 20 acres. It could be argued to be madness on any land, but I will let that alone. The 32 acre Somis property (zoned O-S, according to the owner) is also unlimited and an example does not even bear thinking about.

At first glance, it looks like you are set for life if you can get a rural piece of property. Even ten acres is not that large and you can have as many animals as you please. That's great. But in California, property is being developed left and right. As the zoning and demographics of rural areas continue to change, it will be more and more difficult to get large plots of land and the old rules will no longer apply.

Zoning Questions Answered

My curiosity was stirred up and I wanted to follow up on the zoning issues I mentioned last time. I finally located (with some help) the zoning laws for Ventura County, where all our properties thus far are located. They’re full of legal double speak, which was fun to wade through. Often articles will define a law as being defined by another law that has not been mentioned yet. But I found some of the pertinent zones and the rules of pet ownership and animal husbandry.

There are three critical areas for horse owners: Open Space (O-S); Agricultural Exclusive (A-E); and Rural Agricultural (R-A). Some properties within the city may also fall under Single-Family Estate (R-O). O-S is a minimum lot of 10 acres. A-E is 40 acres. R-A is just one acre. And R-O is 20,000 sq. ft. (0.46 acres) (pg. 31). The first three are all subject to the same rules for calculating how many animals are permitted, but R-O is slightly different. The first one looks like this: sq. ft. of lot ÷ 10,000 sq. ft. = total animal units allowed. I will explain about “animal units” in a moment. On lots over 10 acres, the animals are unlimited. For R-O, the equation is more complicated: [(SQ. FT. OF LOT - 30,000 sq. ft.) ÷ 30,000 sq. ft.] + 4 = total animal units allowed. This equation only applies to animals that are 1.0 units or more (pg. 96). For smaller animals, the same equation for O-S etc. applies. Whew. Once I explain animal units, I’ll give some examples so this makes more sense.

Animal units are a rather whimsical way of quantifying the space requirements of various types of animals. The initial examples given for pets led me to believe that three animals are allowed in a residential unit (another clever term). Not even close. One animal unit equals: 4 cats; 4 dogs; 4 pygmy goats; 10 chickens (no roosters though, as they are only allowed in animal husbandry zones); 50 guinea pigs; or 20 snakes. You may also keep as many insects or spiders as desire or tolerance allows. They list a whole assortment of other animals, but the point is that you are allowed to keep a great many animals before maxing out your allotted animal units, even for residences, which allow 3.0 units. Now, for animals classified under animal husbandry: small equines (under 36 inches at the withers) are 0.30 units; medium (over 36-58 inches) are 0.50 units; and large (over 58 inches; donkeys and burros included) are 1.00 unit (pg. 95). Cows, emus, llamas, rabbits, sheep, and others are also listed.

Let me give you examples, because this is some pretty abstract stuff. A one acre property zoned O-S, A-E, or R-A is allotted 4.36 animal units. That would be four horses, a dog, and a duck. Many other combinations of animals would be possible, but let us, for the sake of consistency, always use the maximum number of horses possible to start. Curiously, the same property, when zoned R-O would have 4.46 units. This zone wins out on smaller lots, but it would only be allowed 17.5 units on a 10 acre lot, while the other zones would then be unlimited. 4.46 give you four horses, a dog, and a goat or four horses plus a small pony and a turkey (if it made it past Thanksgiving this weekend).

If you are buying a large parcel of land, these issues may not ever apply to you. But for anyone buying less than ten acres, it’s critical to know the zone. Of course, no one would want to cramp too many horses into a small space, but if you expect to have five horses, plus your dog and cat, certain areas and certain lot sizes will be unusable for you. Plus, property may be for sale by the current owner, without the involvement of a real estate agent. If neither buyer nor seller is aware of these issues, some very upsetting problems could arise. If you would like to know more about Ventura County zoning laws, the PDF file I have taken this information from is available here. Both coastal and non-coastal (which I used) zone ordinances are there. I ran our showcased properties through these formulas; the results can be found here.

A Near Miss and Zoning Questions

I now have my first failed property hunt. 7655 Bradley Road, Somis, was one of the results of my field trip. From Bradley, all that is visible is a bare hill, with a water tank and a pepper tree at the top. A plywood sign states that it is 32 acres of “open land” for sale by the owner. This open land, it turns out, consists of two trailer pads, complete with trailers, and not much else. This is visible up the tiny, easily missed Dusty Lane. Fences divide up the area and the avocado orchard that is nearby is not actually a part of this land. The owner states that it is zoned to be a nursery. The gently rolling hills would be perfect for horses, however. And, as you may be able to tell from my posting on Somis, I have a soft spot for the area. I think it is charming, quiet, and beautiful.

So what, you may ask, is the failure? It is already in escrow.

I contacted the owner to get more information on this eccentric property and found out that there was already a buyer. I am glad to hear that property is selling in the current market, but I was also disappointed to have come late to the party. The property was odd to look at, but 32 acres are nothing to sneeze at. Given the location and its appearance, I had high, perhaps silly, hopes that the price would be low. I was somewhat disappointed to learn that he is asking $2 million. With 32 acres, that breaks down to $62,500 per acre. This is the best going price of my discoveries so far, but there was so little there. All of the structures would have to be put into place, the price of getting “open” (read: barely developed) land. Perhaps my expectations are too high.

However, there is a ray of hope for anyone interested in this property. The owner is not certain that escrow will close, or hinted at as much, and recommends contacting him after Nov. 29 to verify that it has closed. If anyone is interested in following up on this property, please contact me through the blog. The only method for contacting the owner is a phone number and, out of respect for his privacy, I do not wish to post it openly here. However, I would be glad to give it out on request.

This property brought up an important issue for me. The owner specifically mentioned the permits for the trailers and the zoning for a “nursery” (not an actual zoning category, but within agriculture). I for one know little about zoning laws, but it is a critical consideration for any property or horse owner. Keeping horses is not just a matter of your own finances or the neighbors’ good will. Zoning laws restrict where and what you can build, as well as the kind and number of animals and plants you can commercially maintain. Information on the internet as to laws of specific areas is surprisingly sparse, but these are my offerings: http://real-estate-law.freeadvice.com/zoning/ and http://www.realestatelawyers.com/Zoning-Permits.cfm. When looking at properties, ask the owner or agent about zoning for the area. If they cannot answer to your satisfaction, contact a real estate lawyer. We must inform ourselves about the rights and restrictions of our line of work.

Our Mission Statement

Let us start with a little equation and an example. You want to provide a service that involves land, such as paid parking¹. The elements of Affordability, Availability, and Convenience are opposed to one another, such that only two can be achieved at the same time. So, sufficient amounts of parking can be either convenient and overpriced or cheap and located in another county. Convenient parking will be cheap and consist of two spaces or fill ten city blocks and cost more than your personal luxury resort. Affordable parking might be close to your destination, but the single space will be reserved for God only or it will be as far from your destination as your own garage and will be highly available to you because it is your own garage. Make sense? Good. We are going to assume that this is a fixed law of economics.

Now, consider an exception to this seemingly fixed rule: the California real estate market. There has been much discussion recently of the difficulties in the housing market around the country. But California is not only the home of the rich and famous—it is the home of the horse ranch. Malibu is full of them. Wine country has as many pastures as vineyards. From sprawling stud farms in Santa Ynez to show grounds in La Canada, horses are the hobby and livelihood of numerous Californians. Yet as home owners are faced with selling at a loss on the current market, ranches and undeveloped land continue to sell at ever more shocking prices.

This is where we come to our exception. The average horseman (barring all Oscar winners and business tycoons) seeking to buy finds that our three elements are mutually exclusive. If land is affordable, it may not actually be available for purchase (it certainly will not exist as described by the seller) and it will be located so far out of the way that subsistence farming and loom weaving will be required to survive. If land is available, precisely as described in the ads/website/flyer, a ranch will cost more than your soul is worth, let alone your portfolio, and it will still be too far away to be useful. And if land is in the heart of horse country, five minutes from a major showground, you will not be able to pay for it and still feed the horses you want to house and the lots will be too small to raise one teacup poodle anyway.

Am I being pessimistic? Have I missed little-known jewels, just waiting to be snatched up for a buck and a quarter? I hope so. I hope that John Gamper, speaking for the California Farm Bureau Federation, was dead wrong when he testified before the Senate Agriculture Committee in 2005, saying that “it will be impossible to preserve our incredibly productive family farms and ranches” if policies on development do not change. I hope that organizations like Land Choices will no longer be necessary in the future because responsible policies and ownership of undeveloped land will be a way of life.

I am going to track down all the available land in California that I can. I will analyze it specifically in terms that are relevant to horse owners, but also buyers in general. How close is the nearest major showground? The nearest grocery store? The nearest mall? What schools are available? How developed is the land? How much development will be possible, given soil conditions, vegetation, etc.? Are your neighbors other horse people, movie stars, or yuppies? What are you really getting when you buy it: a nice house, existing corrals and/or barns, and a good solid fence? Or a blank slate of brush and one dirt road? The Ranch Quest is on.

1 Many thanks to the UCI Parking Department pamphlet for explaining this model. Now if only they would explain why I got that ticket…