Agenda Related Items - Meeting of March 26, 2024
Supplemental Packet Date: March 21, 2024
THOUSAND OAKS CITY COUNCIL
Supplemental
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THE FOLLOWING 12
PAGES ARE RELATED TO
ITEM 10.A.
From: Deanna Phenicie <[email protected]>
Sent: Friday, March 1, 2024 2:56 PM
To: Kelvin Parker <[email protected]>; Laura Maguire <[email protected]> Cc: Tracy Noonan <[email protected]>; Scott Kolwitz <[email protected]>; Mark Sellers <[email protected]>
Subject: City of Thousand Oaks - Cancer Treatment Center
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Honorable Planning Commissioners and City Council Members,
Attached hereto please find a copy of today’s correspondence in the above- referenced matter. Please note a hard copy will follow via U.S. mail.
Deanna C Phenicie
Legal Secretary
[email protected]
D: 949.851.7616
C: 949.285.3035
Irvine, CA 92614
O: 949.752.8585
F: 949.752.0597
www.jacksontidus.law
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March 1, 2024 Direct Dial: 805.418.1914
Email: [email protected]
Reply to: Westlake Village Office
File No: 10312.128235
VIA E-MAIL & U.S. MAIL
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RECEIVED
4 2024
BY: 1:/f... .
Planning Commission and City Council
Care of: Kelvin Parker
Director of the Department of Community Development
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Re: REQUEST FOR REJECTION OF GENERAL PLAN AMENDMENT AND ZONING
APPLICATIONS FOR HOSPITAL PARKING LOT SITE FOR AN
INCOMPATIBLE RESIDENTIAL USE THAT IS CONNECTED TO GENERAL PLAN AMENDMENT LU 20 22 -7 0 58 7 AND THE RELATED PROPOSED CANCER TREATMENT CENTER PROJECT.
PLANNING COMMISSION HEARING DATE - MARCH n, 20 24 .
Dear Honorable Planning Commissioners and City Council Members:
We ask that you provide the Planning Commission and City Council with a copy of this letter. This law firm represents the Rolling Oaks Property Owners Association, which has serious concerns about the improper application of a proposed zoning trade just to allow a suggested significant intrusion of new commercial uses south of Rolling Oaks Drive into their existing Rolling Oaks residential neighborhood. That significant intrusion involves HCA's proposed new, massive 2 story 58,000 sq. ft., commercial cancer treatment center, along with a sea of asphalt to accomm odate 233 parking spaces, on the 4.87 acres at 400 East Rolling Oaks Drive, a neighborhood with many single family detached residences. The zoning trade proposes a new residential use of small isolated 2.145 acre medical center/hospital parking lot site at' 355 West Janss Road.
City staff has indicated the 40 0 East Rolling Oaks Drive site could generate 9 dwelling units (GP Designation of "Very Low Residential"), so staff is claiming, without any site plans or residential project application or market feasibility study, this small 2.145 acre hospital parking lot site could be zoned to allow 9 dwelling units to be developed on that site, alleging be a "no net loss" of dwelling units. We are informed 40 0 East Rolling Irvine Office
2030 Main Street, 12th Floor
Irvine, California 92614
t 949. 752.8585 f 949.752.0597
Westlake Village Office
2815 Townsgate Road, Suite 200
Westlake Village, California 91361
t 805.230.0023 f 805.230.0087
www.jacksontidus.law
2 Planning Commission and City Council
Care of: Kelvin Parker
March 1, 2024
Oaks Drive site was never marketed to potential housing developers a use that wouldn't require a zoning trade or re-zoning from Rural Exclusive (R-E).
This zoning trade is based on SB 330 or the "no net loss" provisions of Gov. Code sec. 66300(6)(1)(A) that requires "with respect to land where housing is an allowable use" like 400 East Rolling Oaks Drive, a city shall not change the general plan land use designation or zoning of a parcel or parcels of property that would "individually or cumulatively reduce the site's residential development capacity." Under subsection "(i)(1) this section does not prohibit an affected county or an affected city .. . from changing a land use designation or zoning ordinance to a less intensive use, or reducing the intensity of land use, if the city or county concurrently changes the development standards. policies. and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity .. . "concurrently" means the action is approved at the same meeting of the legislative body."
The law includes the phrase "to ensure that there is no net loss in residential capacity." However, nothing in this HCA's land use trade proposal ensures or guarantees a likely fu ture use of the medical office/hospital parking lot for any residential development. As that change does not make any land use sense or any economic sense, and such seems to be in conflict with the medical office's and hospital's commercial operations and goals. The following are just some of the people who have stated for the record already that the 2 acre parking lot property on this important regional medical campus will never be developed for housing.
1: Natalie Mussi CEO of Los Robles Hospital ("LRH") representing HCA on 07/08/22 in a printed interview with Becca Whitnall of the "Acorn" newspaper.
2: Justine Kendal, City Planner of T.O., in a Virtual meeting on 05/ 08/23. 3: Matt Cove COO of LRH representing HCA on 04/27/23 in a meeting at LRH and in response the question: "Hypothetically, if a developer were to make a bona fide offer to purchase the 355 Janss Road lot to build housing, would HCA allow it?" In reply, a gentleman identified as from LRH smiled, shook his head no and said something on the order of "No, of course not." In addition, even the California state Housing Comm unity Development agency interprets this code (because of additions added through SB 166) to require realistic replacement sites. That agency's memorandum on the "no net loss" code says:
3 Planning Commission and City Council
Care of: Kelvin Parker
March 1, 20 24
"Be available to be developed in the planning period. For non-vacant sites, this means that t he existing use is not an impediment t o additional residential development." (See page 3 of the attached memo).
Clearly development of the Janss Road site to residential project would be an "impediment" to its existing use of a parking lot to support the hospital and other medical buildings. The common sense conclusion that "no residential development will be allowed" on the small 2 acre property, located adjacent to an vital, multi-million dollar, regional hospital and medical office campus.
1 The circumstances here indicate that the
"no net loss" situation will simply not happen. The practical residential development requirements and competing medical and parking demands all indicate there will be a total loss of nearly 5 acres currently zoned as residential in Thousand Oaks. In addition, we are unaware of any formal parking demand study that says the LRH campus is over parked and this 2.14 5 acre area is not needed for parking.
Based on this reality, this trade is merely a sham and a potential violation Gov.
Code sec. 66300. Even worse is the intrusion of new commercial uses south of Rolling Oaks Drive into an existing quiet residential neighborhood, for a large medical facility with a site entrance on Los Padres Drive, and with over 2,000 vehicle daily trips that will be heading into this residential neighborhood, such a zone change is poor planning.
Many Rolling Oaks Property Owners Association residents feel living next t o such commercial operations affects the value of their homes and the peace and quiet of living in a residential neighborhood. The proposed two new use changes will only upset two neighborhoods.
The City is merely speculating and hoping for some possible future interest in a residential development of this small site, therefore, this trade is not consistent with the legislative intent of Government Code section 66300, adopted as part of SB 330 in 2019, as part of the program intended to facilitate or stimulate the production of affordable housing in California. §12:28. Public policies and legislation fostering housing, Cal.
Comm. Int. Dev. L. & Prac. (2023 ed.). One is to "apply reason, practicality, and comm on sense to the language" in a Code section. "If possible, the words should be interpreted to make them workable and reasonable .. . in accord with common sense and justice, and avoid an absurd result." Halbert's Lumber, Inc. v. Lucky Stores, Inc. (1992) 6 Cal.App.ath 1233, 1239. There is no reason, practicality, and common sense application of section 66300 that justify this zoning trade.
Creating an incompatible residential zone on such a small isolated hospital parking lot site seems to be improper "spot zoning" out of character and totally ' The HOA residents feel there is no need, no wait list for care, and 7 other comprehensive cancer centers within 10 miles of LRH.
4 Planning Commission and City Council
Care of: Kelvin Parker
March 1, 2024
Page4
incompatible with all of the surrounding comm ercial medical offices, emergency vehicle routes and siren noises, air conditioning noise generators, and the hospital's long hours and institutional uses. This parking lot is also northeast of the corner of two very busy and noisy roads, Janss and Lynn Roads. Such an isolated residential allowance may be the type of a discriminatory, unreasonable and non-uniformed special privilege zoning that is disfavored in California.
"Thus, a zoning ordinance is void as to an island of a single lot zoned for residential purposes but completely surrounded by public or comm ercial uses where no rational reason exists for such a classification." §25:68.
Requisites and validity- Uniformity and nondiscrimination, 8 McQuillin Mun.
Corp. (3d ed.)
The City should be concerned about the loss of parking for this large important regional hospital and medical complex. How the loss of this parking adversely impacts the residential neighborhoods to the east of the hospital should be addressed. We are unaware of any outreach to the residences around the Janss site location. Shouldn't those residences also have a voice since they will be affected? This housing transfer option is not realistic or meaningful application and 9 units are never going to be actually developed. Therefore, the Gov. Code sec. 66300 site trade is a sham and pointless, and it will only encourage housing advocates or groups to challenge that illogical application of sec. 66300, exposing the City to possible litigation.
Meeting most project objectives and consistent with the Alternative 2 in the EIR, this cancer treatment center should be proposed for and designed to fit on this hospital parking lot site. The goal of CEQA is not to promote the least costly project alternative for the entitlement applicant.
Sincerely,
1~;\L
Mark G. Sellers
MGS:dp
cc: Rolling Oaks POA
Laura Maguire, City Clerk for disbursement to City Council Tracy Noonan, City Attorney
Scott Kolwitz, Senior Planner
5 6
3/19/24, 9:28 PM Mail - Justine Kendall - Outlook
https://outlook.office365.com/mail/id/AAQkAGViMWEwNmYxLWY1ZTktNDkzMy05ZWMxLTgyZmJmZTJiZGJiNwAQALM5vSspsEZiteLMO4cH4U4%3D 1/2 You don't often get email from [email protected]. Learn why this is important For the 2/26 City Council meeting.
From: A Huffine <[email protected]>
Sent: Tuesday, March 12, 2024 6:36 PM
To: Lori Goor <[email protected]>
Subject: Re: City of Thousand Oaks 2022-70732-DP Public Hearing Notice for 3/26/2024 City Council Meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Thanks, we sure hope this doesn't make a mess out of our neighborhood and detract from its current value.
Sure seems interesting, that due to this swap, the Young Set area will be completely modified; however the HCA site though being Residential stays a commercial parking lot; how is this so? On Tue, Mar 12, 2024 at 5:33 PM Lori Goor <
[email protected]> wrote:
Hi,
You had expressed interest in the subject project.¬ Attached please find the Public Hearing Notice for the March 26, 2024 City Council Meeting.
Thank You,
Lori Goor
Senior Recording Secretary
Community Development Department
City of Thousand Oaks
(805) 449-2312
For information on services available at City Hall, visit www.toaks.org/cdd New User Fees go into effect July 1, 2023. Applications submitted with minimum application requirements by June 30, 2023, will be subject to current fees. Applications invoiced on or after July 1, 2023, will be subject to new fees. Click HERE to view. 7 8
From: Karen Martin <[email protected]>
Sent: Monday, March 18, 2024 4:45 PM
To: City Clerk's Office <[email protected]>
Subject: HCA cancer center
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I have lived across the street from Los Robles for 30+ years. In 2005, I levied for mitigation for traffic noise and speed at that time and again with the helipad enlargement that allowed Black Hawk helicopter landings in a residential area.
In 2005 when the noise levels were found to be over acceptable limits (73.4 dB) I was told houses couldn’t be built in our area now but the noise we dealt with daily was “grandfathered” and that the hospital was an entitlement project for the good of everyone.
Now you have produced another noise study 20 years later that indicates the noise levels have dropped six decibels! Talk about alternative facts.
9 Each decibel is a significant, noticeable, and exponential effect on noise levels. I have not noticed a six times decrease in traffic noise. In fact, since the “Fast and Furious” franchise, there is more of a race track feel to the noise. Speeds have increased as well as heavy truck traffic.
How is it you can use the West Janss lot for homes?
How can the planning commissioner suggest at the planning commission meeting prior to voting to pass this project on to city council for approval that The Hospital Corporation of America should build condominiums for their interns??
Is this saying the quiet part out loud?
Is there a plan to change the zoning from low density residential in the future? The lack of believability of this one factor brings the entire project into question.
Karen Martin, Thousand Oaks
10 From: Martha Shapiro <[email protected]>
Sent: Thursday, March 21, 2024 2:25 PM
To: Lori Goor <[email protected]>; Al Adam <[email protected]>; David Newman <[email protected]>; Bob Engler <[email protected]>; Kevin McNamee <[email protected]>; Mikey Taylor <[email protected]>
Subject: Comprehensive Cancer Center - Letter of Support
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good afternoon,
Please see attached my letter of support for the Los Robles’ Comprehensive Cancer Center. I really appreciate your time in reading my letter and understanding why this is so important for our community.
Thank you so much,
Martha Shapiro, LCSW
Director of Programs
(Pronouns: She, Her, Hers)
401 Hodencamp Road, Thousand Oaks, CA 91360
805-497-0189 SeniorConcerns.org
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