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Appeal filed against Home Depot plan
An appeal has been filed with the city of Thousand Oaks seeking to overturn last week’s decision by the city Planning Commission to approve a second Home Depot store in the Conejo Valley. The appeal was filed Thursday by Westlake Village attorney Mark Sellers on behalf of Michael Wolpert, Mojtaba Sedighi, Michael Masters and Jon Nelson, who described themselves as “Thousand Oaks residents and impacted business owners.” “We think this project is in violation of land-use zoning C1 and there are issues such as traffic, noise and other factors,” Sedighi said Friday. Sedighi said for two years he has been fighting plans to build a Home Depot on the site of the former Kmart on Hampshire Road south of Highway 101. Sedighi was one of the leading proponents of Measure B, a 2008 ballot initiative that would have changed the city’s review and approval process for large projects such as this one. The Planning Commission “is unable to understand the incompatibility of this project with the local community,” he said. The appeal, which calls on the City Council to deny the Home Depot project, asserts that the big-box store is not in keeping with the nature of the neighborhood and will increase traffic in the area, negatively impact property prices and adversely affect local small businesses. The appellants argue the site would be better used for a traditional neighborhood shopping center. They also accuse the Planning Commission of approving an inadequate Environmental Impact Report on the project and, in so doing, violating the California Environmental Quality Act. The four appellants were among several dozen people who attended the commission meeting on Jan. 26 to oppose the proposed development. The commission voted 3-1, with one abstention, to allow the demolition of the Kmart building and the rest of the shopping center it is located in, and to permit the construction of the 96,973-square-foot Home Depot store plus a 13,669-square-foot outdoor garden center, new landscaping and an improved parking lot. Commissioners Mark Lunn, Tina Grumney and Daryl Reynolds voted in favor of the project, while Barry Fisher voted against it and Al Adam abstained. Adam had publicly endorsed Measure B, which was triggered by the Home Depot proposal on Hampshire Road. In June, city voters rejected the initiative after a campaign in which the measure’s supporters and opponents spent more than $1 million. The City Council now has three options. It can deny the appeal, deny the project or send the project back to the Planning Commission for modification. A meeting date has not yet been determined, officials said Friday. Sellers said the biggest issue is land use. “Neighborhood shopping centers are to provide convenience goods to the local neighborhood and the idea was to put these centers near multi-dwelling housing, which there is right across the street from this site,” he said. “We’re basically saying to the city — stay with this.” Sellers, with the law firm of Jackson, DeMarco, Tidus and Peckenpaugh, also questioned the financial wisdom of the development. He said Home Depot has indicated that a significant portion of sales at the Hampshire Road store would otherwise have been rung up at the chain’s Newbury Park store. If that happens and the new Home Depot hurts local small businesses, then the overall net sales tax revenue to be gained by the city could be zero, he said. http://www.venturacountystar.com/news/2009/feb/07/appeal-filed -against-home-depot-plan/ |
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