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Environmentalists Sue City Over Dos Vientos Changes

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TIMES STAFF WRITER

A Conejo Valley environmentalist group has sued the city for approving changes to a section of the massive Dos Vientos Ranch development, alleging the alterations violate state laws and the city’s own rules.

Save Open Space filed the lawsuit Thursday, a month after the City Council rejected the group’s appeal of a Planning Commission decision allowing 204 detached condominiums instead of 224 duplexes that had been previously approved for the same site.

Earlier this year, the City Council passed an ordinance allowing detached condominiums--small homes close to each other--in “in-fill” areas of the city already surrounded by development. Planning commissioners cited the in-fill ordinance in voting to let Courtly Homes Inc. build the detached dwellings. But the Newbury Park members of Save Open Space protested the decision, arguing that the ordinance was intended to be applied to core sections of the city, not outlying areas such as Dos Vientos Ranch.

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When the City Council reviewed the issue during the group’s appeal last month, it agreed that the in-fill ordinance should not be applied to the property because it was bordered by open space, not other buildings.

Council members, however, approved the modification anyway, saying the homes were allowed under the city’s general housing ordinances.

The attorney for Save Open Space disagrees, arguing in the suit that without using the new ordinance to justify it, the change from duplexes to detached condominiums violates city laws and could pave the way for similar projects in other parts of Thousand Oaks.

Moreover, the suit alleges there is reason to believe that detached condominiums would contribute to increased traffic noise, already expected to reach levels higher in the Dos Vientos development than those allowed under the city’s General Plan.

Because Thousand Oaks did not conduct a new environmental review of the project before approving the modifications, the city violated state planning laws, the suit alleges.

“The Newbury Park members of Save Open Space asked us for help,” said Mary Weisbrock, chairwoman of the nonprofit organization. “We felt this type of housing was not allowed by the current Thousand Oaks ordinance, and once they start allowing houses six feet apart, it’s growth-inducing.

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“They approved this project without using this ordinance, and we feel that opens up the entire city to these type of big houses crammed together on little lots,” she added. “That will have a very harmful impact on the city’s traffic and noise.”

City Atty. Mark Sellers could not be reached for comment Friday.

Although it has already been approved by the City Council, the 2,300-home Dos Vientos Ranch development continues to be the subject of controversy. The Sierra Club has also filed several lawsuits trying to stop part of the project, alleging it would have a devastating effect on the Santa Monica Mountains ecosystem.

Like the Sierra Club suits, the Save Open Space lawsuit is largely being financed with donations from Newbury Park residents. Weisbrock said that in the few weeks since the City Council rejected the group’s appeal, residents have come forward with “several thousand dollars” to fund the suit.

“It’s really awful when residents have to sue their own city to have city laws upheld,” she said.

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