Judge Rejects Council Approval of Condos

In a strongly worded ruling, a Ventura County Superior Court judge has overturned the Thousand Oaks City Council’s approval of “detached condominiums” at Dos Vientos Ranch.

Judge Barbara Lane ruled Thursday in favor of Save Open Space, a Conejo Valley environmental group.

The group sued Thousand Oaks last year, claiming the decision to allow detached condominiums--essentially five-bedroom homes built within 3 feet of each other--violated the city’s own rules.

“The Thousand Oaks City Council prejudicially abused its discretion” when it voted 3 to 1 to allow Courtly Homes to build 208 detached condos in place of 112 previously approved duplexes, Lane wrote.

Council members Andy Fox, Judy Lazar and Mike Markey voted for the change, although they acknowledged that a new city ordinance allowing such construction did not apply to Dos Vientos Ranch, located on the edge of Newbury Park.

If the council wanted to approve the detached condos anyway, it should have informed the public it was making an exception to its development standards, Lane wrote.

Lane threw out the council’s approval and ordered the city to hold a public hearing on the proposed change--this time making sure it informs the public that city development standards would be waived as a result.

Michelle Koetke of Residents to Preserve Newbury Park praised the decision, suggesting the condos will never be built.

“They don’t ever want to have a hearing, because they don’t want the people to know what’s going on,” Koetke said. “Andy Fox and some of these council members are saying, ‘We’re slow growth,’ but they’re bending the rules for developers.”

Courtly Homes could not be reached for comment Friday. But City Atty. Mark Sellers said the ruling should not be interpreted as an opening for the council to review its agreement with Courtly Homes and reduce the size of the 2,300-home Dos Vientos Ranch project.