City Bends Policy on Open Space

Deciding to break city policy, a divided Thousand Oaks City Council early Wednesday approved a wealthy resident’s elaborate landscape plan and allowed him to build on land reserved for open space.

In a speech that capped hours of debate over Charles Probst’s North Ranch estate, Mayor Alex Fiore said that on rare occasions city rules can be bent or circumvented.

“City policies are guidelines that, in most cases, are meant to be followed,” Fiore said. “Sometimes, though, they can be flexible.”

Unique about this case, Fiore argued, is that Probst plans to create an elaborate garden of flowering plants and more than 900 trees on his 16 acres.

But opponents argued that Probst’s case is also unique because last week he pledged a $2-million donation to the city’s new Civic Arts Plaza.

“The city has prostituted itself,” angry former Mayor Larry Horner said after the vote. “It’s one thing to accept donations, but it’s another to do so at the residents’ expense. This is probably one of the most disgraceful days in Thousand Oaks history.”

For Probst--a reclusive businessman who made a rare public appearance at the meeting--the ruling ends years of wrangling over what he can do with his sprawling hillside front yard at Westlake Boulevard and Kanan Road.

The decision allows not only the landscaping, but construction of utility roads and an 1,800-square-foot maintenance bunker on land still designated as open space and reserved for native plants such as chaparral.

City policy prevents any homeowner in the North Ranch subdivision from grading or building on the open-space portions of their large parcels.

Surrounded by family and friends after the vote, Probst quietly expressed his relief after the council vote. “This has been a long time coming,” he said. “I’m very pleased.”

Joining Fiore in favor of Probst’s proposal were Frank Schillo and Judy Lazar. Councilwomen Elois Zeanah and Jamie Zukowski opposed it.

In August, the city Planning Commission rejected Probst’s landscaping request because the property’s previous owner had promised to leave the hillside alone in exchange for the city’s permission to build a house on a hilltop.

Probst was bound by the prior agreement, officials said.

“It was very unusual for the city to allow him to build on top of the hill, but this was a compromise,” Zeanah said. “The benefit to the city was supposed to be the maintained appearance of open space. But once the deal was made, he no longer wanted to abide by the rules.”

Probst was admonished by the Planning Commission for scraping the hillside bare.

Probst’s attorney, Charles Cohen, argued Tuesday that the brush may have been natural, but it was also a fire hazard. And he asked the council to look beyond the past violations and focus on what would be gained by making an exception to city open-space policy for his client.

“We’re talking about in excess of 900 new trees,” Cohen said. “What my client is proposing would be a marvelous addition to the neighborhood.”

Indeed, even some homeowners who opposed the project overall supported the landscaping portion of it. Their chief concern was the underground bunker, which would hold tractors, heavy equipment, gardening tools and two golf carts.

Probst, the owner of a Woodland Hills telecommunications company, never spoke during the meeting. He sat quietly through the four-hour session, then quickly departed in a white stretch limousine.

City officials said they had never seen Probst before and knew little about him. Arts officials said Probst and his wife moved to Thousand Oaks in 1991 from the Pasadena area. The couple have purchased eight residential properties worth more than $13 million in the Conejo Valley and west San Fernando Valley since 1989, property records show.

Probst bought his 16-acre North Ranch property in 1990 for $1.4 million. With improvements, the 21-room home is now valued at $9.5 million, according to records.

Last week, Probst announced he wanted to contribute more to his new hometown and pledged $2 million to the performing arts center over several years. The main theater in the complex will be named for him.