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Description
Thousand Oaks Planning Commission Meeting - 5/9/2022
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Should
the
commission
wish
to
discussion
issue
to
discuss
an
issue
raised
by
a
member
of
the
public?
The
issue
will
be
referred
to
staff
for
scheduling
on
a
future
agenda.
Anyone
would
like
to
speak
under
public
comments.
Must
click
respect
to
speak
on
the
agenda
to
re,
to
receive
instructions
before
the
public
comments
portion
of
the
agenda
is
called.
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I
I
I
The
planning
commission
review
is
necessary
for
this,
because
the
request,
the
request,
requires
an
addition
exceeding
50
percent
of
the
original
building
footprint,
and
the
planning
commission
needs
to
review
a
modification
to
an
existing
condition
that
limited
the
single
story.
Rest
the
residence
to
a
single
story.
I
During
the
hearing
of
the
planning
commission,
certain
residents
on
the
south
of
the
track
expressed
concern
on
the
effect
of
the
project
on
the
hillside
views
in
recommending
approval
to
the
city
council.
The
planning
commission
back
then
recommended,
with
agreement
from
the
developer,
to
limit
or
restrict
certain
lots
to
single
story
only
and
that
will
be
discussed
later
in
the
staff
report.
I
I
I
I
I
I
I
I
I
I
I
The
city's
precise
plan
of
design
guidelines
is
what
staff
use
to
evaluate
residential
institutional
and
industrial
projects.
The
intent
is
to
ensure
that
the
project's
design
features
and
elements
are
compatible
with
the
existing
natural
and
man-made
surroundings.
The
project
has
an
architectural
style
that
is
consistent
with
the
neighborhood,
along
with.
I
In
addition,
the
it
also
has
materials
colors
that
are
consistent
with
the
neighborhood
as
well.
The
addition,
as
mentioned
earlier,
will
consist
of
is
consists
of
renovation
and
small
addition.
On
the
first
floor,
four
bedrooms
play
room
laundry,
room,
etcetera.
On
the
second
floor,
there
will
be
a
total
floor
addition
of
1033
square
feet.
On
the
second
floor,
which
is
about
58
of
the
existing
footprint
of
the
house,
the
total
proposed
habitable
area
will
be
26
68
square
feet.
I
These
are
all
mostly
compared
to
two-story
homes
for
better
comparison,
the
the
price,
as
you
can
see,
the
floor-to-area
ratio
is
within
pretty
much
10
percent
of
the
average,
except
for
one
that
has
a
floor-to-air
ratio
of
only
40
percent,
but
the
rest
of
them.
It's
probably
within
about
five
percent,
five
to
seven
percent.
I
The
project
qualifies
for
the
common
sense
and
class
one
exemptions
since
for
the
following
reason,
it
can
be
seen
with
certainty
that
the
project
will
have
no
significant
effect
on
the
environment
and
that
the
addition
involves
expansion
to
a
private
structure,
with
no
expansion
of
use.
Beyond
that,
what
is
existing
at
present
time.
I
In
conclusion,
staff
determined
that
the
proposed
project
is
consistent
with
the
overall
architectural
theme
established
in
the
project's
vicinity,
consistent
with
the
precise
planet,
design,
intent
and
purpose,
the
condition
of
which
the
single
story
limitation
was
imposed
back
in
1976
no
longer
exists
because
the
views
back
then
the
views.
The
clear
views
back
then
were
now
blocked
by
the
intervening
or
the
new
single
story,
homes
that
were
built
on
the
side
side
on
the
south
side
of
ilex
drive.
I
I
The
precise
plan
of
design
is
granted
to
modify
condition
number
22b
of
hpd
76-5
to
remove
the
single
story
limitation
to
the
subject
lab,
which
is
slot.
I
mean
open
frame,
lot,
59
of
track
2503
and
the
construction
of
a
second
story
edition
exceeding
50
of
the
original
building
footprint,
which
shall
be
constructed
such
substantially.
As
indicated
on
the
submitted
plight,
project
plans
dated
january
26
2022
and
with
that
staff
is
available
to
answer
questions
from
the
commissioner.
B
H
Thank
you,
chair
newman,
mr
chua.
Thank
you
for
your
report.
Just
a
few
quick
questions
I
noticed
exhibit
six,
I
believe,
was
phrased
as
a
petition,
but
essentially
it
was
a
signature
of
22
homeowners.
I
believe
that
were
or
residents
that
were
in
favor
of
the
application.
Did
you
receive
any
comments
from
anybody
in
in
in
objection
to
this
application.
H
I
I
I
I
J
I
J
B
Thank
you.
Are
there
any
other
commissioner
questions
or
comments
of
staff
hearing
none?
We
will
move
to
our
applicant,
who
is
represented
tonight
by
mr
tom
cohen,
attorney
for
the
applicants,
the
lease
good
evening,
mr
cohen,
and
you
will
have
up
to
15
minutes
divide.
However,
you
like
for
your
comments
good
evening,.
B
K
K
L
K
So
the
the
answer
for
michelle
and
matthew
was
to
enlarge
their
home
to
accommodate
this
growing
family
and
by
doing
so
in
a
way
that
would
not
disrupt
their
neighborhood
and
then
designing
something.
That's
consistent
with
the
other
homes
in
their
neighborhood,
and
I
think,
you've
heard
from
staff
that
this
house
does
meet
the
consistency
requirements.
K
K
My
advice
when
I
met
michelle
and
matthew
was
to
talk
to
their
neighbors
canvas
them
make
sure
that
the
neighborhood
was
was
comfortable
with
their
plan.
To
add
this
second
story,
and
so
far
as
we
know,
not
one
neighbor
has
registered
any
concern
or
issue
and
in
fact
there
are
some
neighbors
here
this
evening
that
will
will
be
talking
and
sharing
their
support.
K
In
addition,
the
the
homeowners
association
board
of
directors
granted
approval
as
well
last.
What
was
certainly
not
the
case.
46
years
ago
in
a
new
subdivision,
there
have
been
a
lot
of
trees
planted
as,
as
you
know,
that's
a
big
requirement
here
in
thousand
oaks,
and
these
trees
have
matured
and
they've
done
a
wonderful
job
of
screening,
the
area
including
the
lease
homes
from
the
southeast.
K
F
Okay,
perfect
matthew,
lee
newberry
park
good
evening
and
all
1984
might
not
be
a
memorable
year
for
everyone.
However,
in
our
case,
it's
where
our
story
begins.
I,
like
thousand
oaks,
has
always
been
a
place
where
we've
created
memories.
My
grandparents
moved
here
in
1984
from
the
cold
climate
of
philadelphia
to
sunny
thousand
oaks,
the
reason
to
be
close
to
their
grandson
matthew.
That's
me.
F
The
house
was
part
of
my
childhood,
so
many
great
memories
there
so
many
great
stories.
I
could
be
here
all
night
telling
stories
about
the
house
and
my
grandparents,
my
parents
moved
to
thousand
oaks
in
1989..
I
grew
up
here.
I
went
through
the
public
school
system
from
elementary
middle
high
school
community
college.
I
even
graduated
locally
at
the
university.
F
My
wife
grew
up
here.
She
went
to
middle
and
high
school.
We
got
married
here
in
thousand
oaks,
we've
started
our
family
and
we're
continuing
to
raise
our
children.
Here
we
love
it
here.
We've
watched
how
the
city
has
changed
and
continues
to
grow.
You
know,
as
tom
was
saying
our
our
home
is
running
out
of
space.
F
F
So
we
had
to
try
to
figure
something
out.
You
know
the
housing
market's
not
going
to
work
in
our
favor,
so
we
looked
for
something
more
financially
suitable,
and
this
is
why
we're
here
tonight
by
the
additional
bedrooms,
we
will
have
space
to
house
our
family
and
even
a
place
for
a
family
member
to
stay.
F
Our
neighborhood
is
our
extended
family
they're
here
tonight,
they're
here
via
zoom
they're.
Here
in
this
room
we
have
a
diverse
community,
that's
very
social
and
very
supportive.
We
have
movie
nights
where
we
watch
movies
out
in
the
driveway.
We
have
neighborhood
get-togethers,
our
neighborhoods
are
family.
F
A
F
F
F
B
M
N
N
Now,
how
did
this
happen
and
I
knew
his
his
grandparents
very
well,
I'm
here
to
support
them
when
you
look
at
where
his
house
is
located,
it's
at
the
end
of
the
cul-de-sac,
and
I
can't
figure
out
why
anybody
thought
that
would
restrict
a
view
when
I
said
if
anybody
knows
the
neighborhood,
it's
me
right
and
also
the
fact
that,
because
we're
zero
lot
lines,
there's
no
no
view
over
into
the
other
side.
So
all
the
restrictions
that
the
homeowners
association
might
put
on
it
have
been
met.
B
E
B
N
N
We
also
did
an
addition
on
our
house.
We
were
able
to
go
out
and
not
up
but
having
the
same
floor
plan
as
them.
I
really
I
understand
where
they're
at
I
understand,
with
having
the
kids
and
having
family
come
to
visit
and
having
to
work
from
home
the
space
that's
now
needed
and,
and
so
they've
been.
N
You
know,
we
live
in
a
great
neighborhood
when
he
says
it's
a
family.
It
is
absolutely
our
little
village
and
we
would
hate
to
see
them
not
be
able
to
stay
because
they
can't
do
what
they
need
to
with
the
house.
So,
as
somebody
who
looks
at
their
house
outside
of
my
red
front
window
every
day,
we
have
absolutely
no
objection
for
it
to
become
a
free
story.
B
B
H
You
thank
you,
chair,
newman,
in
this
day
and
age.
There's
so
many
things
and
people
are
concerned
about
our
community.
I
have
to
say
this
is
one
of
the
most
heartwarming
applications.
I
think
I've
seen
in
a
long
time
from
people
who
are
are
the
the
heart
of
our
city,
who've
been
here
for
so
long
to
doing
a
great
presentation.
By
the
way
you
should
teach
by
the
way,
how
to
do
presentations
by
the
way.
H
J
Well,
commissioner,
lansing
stole
my
thunder.
I
was
so
excited
about
this
presentation.
I've
been
on
the
the
board
for
a
little
while,
and
this
has
got
to
be
one
of
the
most
fun
presentations.
I've
had
I'm
sure
mr
cohen
can
agree
representing
the
applicant.
I
love
the
fact
that
so
many
of
your
neighbors
came
out
in
support
of
you.
It's
it's
tough
to
feel
the
softball
team
in
this
town
and
you've
got
all
these
people
to
show
up
on
your
behalf.
O
B
Thank
you,
commissioner.
I
concur
with
all
my
fellow
commissioners
that
this
is
a
universally
positive
hearing,
we're
very
happy
to
have
that.
We
often
hear
cases
that
have
controversy
that
have
fine
shades
of
gray
and
that's
what
we're
here
for
is
to
is
to
make
judgment
calls
sometimes
tough
judgment
calls,
but
this
is
a
really
easy
one.
So
thank
you
for
that.
B
B
B
B
P
B
B
P
B
C
Appellant
is
requesting
the
planning
commission
reverse
the
administrative
decision,
approving
development
permit
dp
2021-70408,
thereby
denying
the
request
to
approve
a
new
21
440
square
foot,
waste
collection,
truck
dispatch
center
with
outdoor
vehicle
storage,
maintenance
facilities,
associated
parking,
retaining
walls
at
a
compressed
national
natural
gas
cng
fueling
station.
The
applicant
is
requesting
that
the
planning
commission
approve
development,
permit
dp,
2021-70408
and
protected
tree
permit
ptp.
C
Q
Good
evening,
can
you
guys
hear
me
thank
you,
chair
and
members
of
the
planning
commission.
As
you
just
heard,
there
are
two
requests
tonight,
one
from
the
appellant
and
one
from
the
applicant.
I
will
address
each
request
in
somewhat
reverse
order,
I'll
go
through
the
first,
the
project
and
property
history,
the
setting
and
review
the
proposed
scope
of
work,
including
the
protected
tree
apartment,
after
which
I'll
summarize
the
sql
review
process
and
then
go
through
the
details
of
the
appeal.
Q
The
project
was
submitted
to
the
city
on
july,
2nd
of
last
year.
On
february
3rd,
a
notice
of
the
application
was
mailed
to
all
property
owners
within
500
feet
of
the
project
site.
In
addition
to
all
known
interested
parties,
an
assign
was
posted
on
the
property.
Subsequently,
staff
received
four
letters
requesting
an
administrative
hearing
which
was
held
on
march
24th
of
this
year.
The
administrative
hearing
officer,
having
considered
all
submitted
correspondence
and
testimony
presented
at
the
meeting,
concluded
that
the
proposed
project
is
consistent
with
city's
standards,
codes
and
policies.
Q
The
project
site
within
is
within
the
rancho
canejo
specific
plan,
also
known
as
pacific
plan
number
seven
and
is
located
at
2498-2550
center
drive.
As
you
can
see
here,
the
elevation
of
the
property
is
slightly
higher
than
the
adjacent
roadway
arc.
Investments
is
proposing
to
improve
only
a
portion
of
the
site
outlined
roughly
here
in
yellow,
involving
a
proposed
disturbance,
footprint
of
4.42
acres.
The
site
is
currently
vacant,
but
was
previously
graded.
During
the
development
of
the
tract
it
is
accessed
by
an
existing
driveway
via
kanejo
center
drive.
Q
The
project
area
is
designated
as
industrial
in
the
thousand
oaks
general
plan
in
a
zoned
industrial
park
or
m1.
The
subject.
Property
is
surrounded
by
developed
industrial
properties.
Parcels
immediately
adjacent
to
the
project
site
to
the
north,
east
and
south
are
also
designated
as
industrial
and
zone
m1
parcels
to
the
west
are
designated
industrial
and
open
space.
While
there
are
zoned
residential
plant
development,
the
nearest
residential
uses
are
approximately
a
thousand
feet
to
the
southwest.
Q
Q
Q
The
project
before
you
this
evening
will
establish
a
site
for
storage,
maintenance,
fueling
and
operation
of
a
waste
collection
truck
fleet
with
supporting
offices.
The
project
will
involve
about
42
truck
operators
and
13
on-site
employees,
resulting
in
about
55
on-site
employees
traveling
to
and
from
the
site.
Q
Q
Q
As
previously
stated,
the
primary
use
of
the
proposed
development
is
to
store
waste
collection
vehicles
which
falls
under
the
category
of
contractor
storage
yards
and
allowed
use
in
the
m1
zone,
with
the
approval
of
a
development
permit
per
the
municipal
codes,
permitted
use
matrix,
as
you
can
see,
circled
in
yellow
60
parking
spaces
are
provided
for
automobile
use,
as
required
by
the
municipal
code.
The
remaining
spaces
you
see
here
are
the
61
truck
storage
spaces,
provided.
Q
Q
The
proposed
twenty
one
thousand
four
hundred
and
forty
square
foot
structure
includes
a
thirteen
thousand
four
hundred
and
forty
square
foot
maintenance
building
and
an
adjacent
eight
thousand
square
foot
building
seen
here
outlined
in
blue
for
an
office
dispatch
parts
and
customer
service
in
the
m1
zone.
Buildings
and
accessory
structures
are
limited
to
a
height
of
35
feet
and
the
proposed
building
has
a
maximum
height
of
31.5
feet.
Q
Q
The
project
site
plan
proposes
to
pave
and
widen
the
existing
dirt
driveway
to
provide
sufficient
width
to
allow
two-way
access
to
the
proposed
development
based
on
the
arborist
reports,
applicant
testimony
and
the
site
constraint,
site
constraints,
neither
realigning
nor
narrowing
the
driveway
is
feasible.
Therefore,
the
type
d
oak
tree
permit
is
requested
in
before
you
tonight.
Q
Q
Q
The
findings
required
to
exempt
the
project
include
that
the
project
is
consistent
with
applicable
general
plan,
designation
and
all
applicable
general
plan
policies,
as
well
as
with
the
zoning,
designation
and
regulations.
The
project
is
less
than
five
acres
and
surrounded
by
existing
industrial
uses
per
a
biological
resource
assessment,
which
was
peer,
reviewed
as
well.
The
project
will
not
impact
any
environmentally
sensitive
resources,
as
the
subject
area
has
no
value
as
habitat
for
endangered
rare
or
threatened
species
per
noise
traffic
and
air
quality
studies.
Q
Part
of
the
appellant's
comment
letter
provided
on
the
day
of
the
administrative
hearing,
which
is
included
in
their
appeal
states
that
the
class
32
exemption
is
not
applicable
because
two
of
the
exceptions
which
preclude
determining
a
project
exempt
apply
one
that
the
property
has
value
as
a
habitat
for
endangered
rare
or
threatened
species,
and
two
because
it
is
located
within
a
very
high
fire
hazard
severity
zone
which
the
appellant
says
posits.
That
is
an
unusual
condition.
Q
However,
as
I
said,
a
biological
resource
assessment
was
prepared
as
part
of
the
sql
evaluation,
a
renaissance
renaissance,
reconnaissance
level.
Biological
assessment
of
the
entire
subject-
property,
including
the
project
site
specifically,
was
conducted
on
november
19
2021
to
identify
those
areas
that
could
potentially
contain
sensitive
biological
resources.
Q
The
assessment
involved
a
search
for
habitat
for
endangered
rare
or
threatened
species.
None
of
these
species
were
found
to
be
within
the
survey
area
and
no
native
plants
or
vegetation
community
occur
within
the
project
site.
The
assessment
found
that
the
site
is
highly
disturbed
and
lacks
natural
vegetative
habitats
to
support
endangered
rare
or
threatened
species
and
concluded
that
there
is
no
potential
for
special
status
species
or
wildlife
to
occur
within
the
project
site.
Q
Therefore,
the
pre
the
site
does
not
provide
value
as
habitat
for
those
types
of
species
in
terms
of
impacts
related
to
wildfire
a
significant
proportion
of
the
city
of
thousand
oaks,
and,
of
course,
the
region
generally
is
designated
as
being
within
a
very
high
fire
hazard
severity
zone.
You
can
see
here
in
red
the
areas
of
the
city
which
are
designated
as
being
within
that
zone.
Q
There
is
no
prohibition
against
the
application
of
categorical
exemptions
within
this
zone
which
do
not
present
an
unusual
circumstance.
Projects
on
properties
designated
as
being
within
a
very
high
fire
hazard
severity
zone
are
regularly
determined
to
be
exempt
like
any
project
proposed
within
such
a
zone.
The
project
structures
are
required
to
meet
hazardous
fire
area,
building
code
requirements
and
are
subject
to
fire
departmental
requirements
such
as
sprinklers
hydrants
fire
lanes
and
access
requirements
prior
to
obtaining
a
building
permit
for
any
new
structures.
Q
Q
Concern
was
specifically
raised
about
the
compressed
natural
gas
or
cng
fueling
station
proposed
and
the
potential
effects
on
future
emergency
evacuations
cng
stations
are
a
common
piece
of
energy
infrastructure
and
are
installed
throughout
california
for
commercial
vehicle
operations,
including
one
at
the
city's
fleet
service
yard.
Less
than
a
mile
away
that
cng
station
has
operated
safely
for
more
than
20
years.
Q
In
general,
the
conditions
of
approval
ensure
that
the
actual
construction
and
operation
of
the
project
remain
consistent
with
the
design
and
use
proposed.
The
exception
here
is
condition
27,
which
does
not
apply
in
this
case,
as
the
biological
resources
assessment
determined
that
there
was
no
potential
for
specific
or
sorry
special
status
wildlife
to
occur
on
site.
As
such,
we
request
that
that
condition
be
removed
from
the
resolution,
and
that
is
how
it's
been
proposed
to
you
tonight.
Q
Moving
now
to
that
second
category,
that
I
mentioned
as
part
of
their
appeal
statement,
their
first
appeal
statement,
the
appellant
states
that
the
project
would
not
meet
condition
a
of
the
exemption
required
under
sql
guidelines,
section
15332,
as
the
exemption
would
conflict
with
general
plan
policy.
Co
32,
however,
as
mentioned
previously
as
part
of
the
sql
evaluation,
the
biological
resource
assessment
concluded
again
that
the
site
lacks
natural
vegetative
habitats
to
support
endangered
rare
or
threatened
species.
Q
Q
However,
it
should
be
noted
that,
for
the
purposes
of
traffic
impact
analysis,
the
vmt
of
heavy
duty
trucks
such
as
waste
hauling
trucks
need
not
be
analyzed
regardless.
City
staff
has
considered
both
automobile
and
heavy
duty
truck
trips
and
determined
that
even
when
taken
together
project
generated
vmt
does
not
result
in
a
potentially
significant
traffic
impact.
Q
Q
The
appellant
maintains
that
the
position
that
the
project
is
proposed
is
a
consequence
of
the
exclusive
franchise
agreement
on
both
the
agreement
and
the
subject.
Project
should
be
analyzed
under
sql
as
one
project,
however,
as
the
award
of
the
franchise
in
this
project
are
completely
separate,
a
standalone
environmental
analysis
for
the
project
is
reasonable
and
appropriate.
Q
When
the
city
council
awarded
the
franchise
agreement
to
athens
in
march
2021,
there
was
no
need
to
contemplate
the
subject
parcel
as
a
possible
location
for
storing
athens
truck
fleet.
Athens
proposal
did
not
require
that
the
company
developed
a
storage
facility
at
canajo
center
drive
or
any
specific
location.
Q
Q
The
appellant
also
states
that
the
city's
public
agenda
and
notice
of
the
march
24th
2022
hearing
violates
the
brian
brown
act
by
not
including
the
recommended
reliance
on
the
class
32
sequel
exemption.
However,
the
purpose
of
the
administrative
hearing
was
not
to
ask
the
administrative
hearing
officer
to
adopt
a
document,
but
rather
to
review
the
decision
of
the
community
development
director
and
revise
conditions
of
approval
as
necessary.
Q
Finding
the
project
exempt
from
sql
was
not
an
action
required
to
be
requested
at
that
meeting.
However,
the
subject
appeal
before
you
tonight
is
a
de
novo
hearing
and
finding
the
project
exempt
from
sequa
is
a
request
included
in
the
resolution
before
the
planning
commission.
As
such,
the
request
has
been
included
also
in
the
agenda
and
all
public
notices
properly
posted.
Q
Lastly,
the
appellant
states
that
the
findings
made
by
the
administrative
hearing
officer
lack
substantial
evidence
and
support
the
appellant
claims
that
athens
services
is
currently
storing
waste
in
its
vehicles
overnight
at
the
facility
presently
in
use
outside
of
the
city.
However,
regardless
of
operational
procedures
which
may
or
may
not
be
in
use
at
other
locations,
the
proposed
storage
of
vehicles
on
the
project
site
is
contingent
upon,
said
vehicles
being
free
of
refuse,
as
stated
in
condition
60
of
the
resolution
before
the
planning
commission.
Q
Q
I
would
like
to
note
that
the
resolution
contains
conditions
which
have
been
updated
slightly
from
those
approved
by
the
administrative
hearing
officer
to
remove
what
was
conditioned
number
27,
as
it
does
not
apply
to
this
project
and
include
standard
conditions
related
to
the
protected
tree.
Permit
I,
as
well
as
other
city
staff,
the
appellant
and
applicant
teams,
are
available
for
questions
and
clarification.
B
O
E
Q
J
Thank
you
for
your
presentation,
ms
kendall,
I
just
got
one
question.
I
didn't
notice
it
when
I
read
the
presentation
earlier
when
I
saw
it
on
the
screen
in
front
of
me.
The
administrative
decision
was
on
march
24th
and
the
appeal
was
on
april.
4Th
that's
11
days
is
that
beyond
the
scope
of
an
appeal
period,
because
I
believe
ours
is
10
days.
J
B
B
E
B
H
H
B
Okay,
any
other
questions
of
right,
very
good.
We
will
move
now
to
the
appellant
representative
to
speak
and
we've
got
multiple
representatives
from
the
appellant
and
I
apologize
in
advance
if
I'm
butchering
your
name,
but
I
believe
the
lead
is
andy
lisey,
leslie
lisey
and
there
are
multiple
other
members
of
the
appellant
team.
You
can
divide
between
yourselves
how
you
like,
but
you
have
up
to
15
minutes,
to
give
your
presentation.
G
G
Okay,
my
name
is
andrea
or
andy
lisi,
I'm
outside
council
to
waste
management
with
raymie
moose
manly.
I
currently
reside
in
orange
county
california,
so
as
the
appellant
we're
asking
the
planning
commission
to
deny
or
delay
a
decision
on
this
project
until
either
an
eir
or
a
mitigated.
Exec
is
prepared
and
circulated
for
public
review
and
comment
precisely
as
staff
originally
contemplated
in
july
of
2020,
when
preparing
an
agreement
within
vicom
to
prepare
a
mitigated,
negative
declaration
for
the
very
dp
permit
before
you
this
evening.
G
With
this
proposed
project,
I
want
to
offer
a
little
bit
of
background
to
the
commission
for
this
project.
From
my
perspective,
since
you
all
were
spared
from
having
to
make
a
recommendation
to
the
council
on
the
franchise
agreement
before
the
march
2021
approval
and
after
the
conclusion
of
the
city's
confidential
rfp
process,
I'll
then
touch
briefly
on
why
the
class
32
exemption
under
sql
should
not
be
relied
on.
So
that's
queuing
up.
I
guess
the
tough
judgment
calls
that
the
chairman
referenced
earlier
that
you
all
have
to
make.
G
I
just
want
to
note
that
I've
practiced
sequa
and
land
use
law
for
over
22
years
now,
mostly
for
applicants
and
public
agencies
and
never
have.
I
witnessed
an
applicant
go
to
such
great
lengths
to
limit
the
information
provided
to
the
public
and
presumably
the
public
agency,
from
which
it
seeks
a
project
approval.
This
was
done
here
first
as
part
of
athens
response
to
the
city's
rfp
for
the
franchise
agreement,
and
now
it's
part
of
the
proposed
project
before
you
tonight,
the
scope
of
which
still
remains
a
bit
unclear
to
me.
G
Wyatt
had
the
ability
to
immediately
expand
a
site
in
santa
paula
to
use
for
the
same
purposes
before
you
tonight
and
I
submit
it
was
because
the
rfp
made
it
clear
that
the
responding
companies
to
the
rfp
had
to
show
the
ability
to
service
the
franchise
agreement
terms
without
having
first
to
entitle
and
build
a
new
local
infrastructure
for
things
like
parking
collection,
trucks,
refueling
those
collection,
trucks
with
cng
and
maintaining
those
trucks.
This
was
a
key
issue
at
the
city
council
hearing.
G
G
So
again,
I
think
it
was
because
athens
didn't
want
to
lose
out
on
the
franchise
agreement
if
it
admitted
it
had
to
go
through
a
more
lengthy,
potentially
environmental
process
and
in
sight
for
this
site
to
be
developed.
So
here
we
are
tonight
with
some
speakers,
undoubtedly
poised
to
dismiss
the
merits
of
this
appeal
by
disparaging
waste.
Management's
motives,
rather
than
recognizing
that
waste
management
seeks
to
hold
athens
accountable
for
following
the
law.
The
current
circumstances
were
created
by
athens,
failure
to
properly
plan
and
our
client
simply
just
called
foul.
G
Yes,
you
know,
given
these
circumstances,
if
you
were
to
prove
the
project
here
tonight,
it
would
be
a
benefit
for
those
vmt
miles
traveled,
because
it
was
never
properly
looked
at
in
the
first
place
tonight,
staff
has
made
it
finally
clear
that
the
cng
facility
proposed
as
part
of
the
project,
would
be
private.
However,
there's
no
condition
of
approval
in
your
proposed
resolution
that
I
could
find
that
would
require
this.
G
Even
if
it
were,
you
know
to
be
enforceable,
and
this
would
affect
potentially
the
vmt
miles
traveled,
because
if
it's
open
to
the
public
as
athens
had
proposed
in
santa
paula,
when
it
was
stating
that
they
were
going
to
use
the
santa
paula
site,
it
was
proposed
to
be
open
to
the
public.
So
now,
for
the
first
time,
it's
finally
been
clarified
that
it
would
be
private.
There
should
be
a
condition
of
approval.
As
such,
it's
also
never
been
answered.
What
are
the
plans
for
the
remaining
three
acres
of
this
site
so
far?
G
I've
heard,
maybe
that
no
plans
are
proposed
nothing's
foreseeable.
But
if
you
were
to
take
a
look
at
the
response
to
the
rfp
for
the
franchise
agreement,
when
athens
was
proposing
this
very
same
use
in
santa
paula,
there
was
a
very
detailed
transfer
station
murph.
That
was
also
proposed
as
part
of
the
headquarters
which
it
appears
athens,
proposing
with
the
conference
rooms
and
all
the
administrative
uses,
as
well
as
to
park
the
collection
trucks,
maintain
them
and
refuel
them.
G
So
I
would
ask
you
know
what
are
the
plans
for
the
remaining
three
acres
of
this
site
with
respect
to
the
sequa
merits
and
why
the
class
32
exemption
does
not
apply
so
under
sql
guidelines?
Section
15332,
as
staff
laid
out
subdivision
b
on
its
face
a
project
site
must
be
substantially
surrounded
by
urban
uses.
G
G
For
all
the
reasons
explained
in
our
expert
comment,
letters
submitted
by
scott
cashion,
the
site
has
potential
for
habitat.
While
it's
been
graded
and
unfortunately
was
graded.
You
know
right
before
the
november
bra
was
prepared
by
athens,
so
there's
presumably
no
vegetation
on
the
site.
Now
there
had
been
vegetation
previously,
so
it
shows
there's
potential
for
habitat
either
in
the
seed
banks
of
the
endangered
rare
and
threatened
species,
plant
species
that
are
known
to
occur
in
the
area
and
or
as
habitat
for
the
coastal
lizard.
G
G
You
know:
potential
biological
resource
issues,
as
well
as
the
site
being
located
at
the
urban
wildland
interface
area
in
a
very
high
fire
hazard
severity
zone.
So
part
of
our
appeal
and
comment
letter
was,
you
know,
there's
no
evidence
in
the
record
showing
that
there's
been
consideration
of
potential
interference
with
evacuation
times.
Evacuation
responses
should
there
be
a
wildfire
and
presumably
athens
will
not
allow
its
collection
truck
fleet
to
burn
up
in
the
fire.
They'd
want
to
be
evacuating
those
trucks
too,
so
using
the
same
roadways
as
residents
and
business
owners
with
that.
G
I
just
want
to
note
that
I'm
here
for
any
questions,
I'm
not
going
to
go
point
by
point
through
presentation.
You
know
there's
a
lot
of
material
before
you.
I
recognize
that
if
you
have
any
questions
for
me-
or
I
think
doug
corcoran
is
in
the
audience,
if
you
have
any
for
him
we're,
certainly
here
and
happy
to
answer
your
your
questions.
O
O
G
G
It
there's
a
remedy
issue
and
it's
not
an
easy
one.
Should
we
prevail
on
the
merits,
so
waste
management
at
the
50
000
foot
level
cares
because
it's
important
that
industry
all
comply
with
the
same
laws.
So
we
all
comply
with
the
california
environmental
quality
act,
state
planning
and
zoning
law
doing
environmental
review,
as
it
should
be
done,
and
here
the
point
is
advance
has
cut.
Corners
has
relied
on
exemptions
where
exemptions
should
not
be
relied
on.
G
So
this
project,
before
you
is
just
part
of
a
larger,
much
larger
context
that
I
wanted
to
impress
upon
all
of
you
that
you
might
not
otherwise
be
aware
of,
and
so
would
our
client
benefit
from
requiring
environmental
review.
Yes,
our
client
would
and,
as
would
the
public
with
an
opportunity
to
review
comment
on
the
technical
studies
that
are
before
you,
for
which
we
think
they
are
deficient,
and
I've
outlined
all
that
in
the
comment
letter
it
would
benefit
the
public
as
well
as
waste
management.
F
Miss
lizzy-
this
is
for
my
own
edification,
I
suppose,
but
it
sounds
like
waste
management
is
making
an
allegation
of
piecemealing
under
sql,
which
would
be
a
fairly
substantial
accusation,
but
I
I
just
want
to
kind
of
get
the
facts
straight
as
to
how
the
piecemealing
conclusion
was
arrived
at.
So
I
believe
you
had
said
that
athens
had
contemplated
using
a
site
in
santa
paula
or
parking
their
collection
of
vehicles
as
part
of
the
original
rfp.
Is
that
correct.
G
That
test
is
whether
or
not
approval
of
a
project
would
result
in
a
reasonably
foreseeable
consequence
or
other
projects.
So
here
it's
not
dictated
by
jurisdictional
boundaries.
You
know
just
because
a
consequence
would
be
in
santa
paula.
Another
jurisdiction
doesn't
mean
that
it's
not
part
of
the
same
project
same
with
ownership.
G
An
applicant
need
not
necessarily
own
a
particular
site
to
make
it
reasonably
foreseeable,
it's
all
in
looking
at
the
totality
of
the
circumstances
and
whether
or
not
there's
that
causation
factor.
So
here
it's
it's
a
muddy.
You
know
situation
because
athens
was
saying
they
were
going
to
go
forward
and
see.
Nepala
now
come
to
find
out.
It
was
really
always
all
about
this
site.
F
G
F
H
Thank
you,
chair,
newman,
miss
leesy.
I
just
have
a
few
questions
kind
of
following
up
on
the
some
of
the
non-sequel
questions
you
commented
as
to
the
habitat
issue
and
obviously
we're
very
protective
about
our
environment
and
our
open
space
and
and
animals
and
stuff
like
that.
But
from
your
comments,
it
doesn't
sound
like
you've
ever
specifically
identified
any
animals
that
actually
were
specific
using
this
area,
whether
they
were
protected
or
not.
G
He
pointed
out
that,
after
doing
the
cndb
database,
the
california
natural
diversity
database
searches
that
the
site
has
potential
habitat
for
the
kanye
ho
doodlia,
the
buckwheat,
which
are
protected
plant
species
and
alliance.
Penchata
also
noted
that
there
is
potential
for
foraging
for
the
coastal
lizard.
I
think
it
is
the
coast
horned
lizard
rather,
and
you
know
pointed
out
that
the
bra
itself
says
that
it's
maybe
unlikely
because
of
disturbance
of
the
site
that
the
lizard
is
there.
But
you
know
unlikely
doesn't
mean
that
there's
definitively
no
value.
H
Miss
miss
lisey,
I'm
also
an
attorney,
so
I'm
going
to
basically
sustain
it
and
a
hearsay
objection
based
on
that,
to
the
extent
that
that
person's
looking
at
other
information
that
they
didn't
actually
do,
that,
I
don't
think
is
information.
We
can
necessarily
use
to
base
our
information
our
judgment,
if,
in
fact
they
don't
have
personal
knowledge
of
it,
would
that
be.
G
Well-
and
I
I
understand
and
appreciate
that
you
know
I
guess
the
point
is
that
this
is
a
private
site
for
which
there's
no
trespassing
sites,
fines.
You
know
all
around
our
client.
Our
client
could
not
just
hire
a
botanist
to
go
trunching
around
up
on
their
site,
so
there's
no
ability
to
prove
with
absolute
affinity
that
there
is
habitat
value.
G
I
guess
the
point
is:
is
that
under
sequa,
before
relying
on
a
categorical
exemption,
an
agency
must
show
that
there
is
absolutely
no
value
for
habitat,
which
means,
even
if
there's
a
potential
for
habitat,
that
there
should
be
environmental
analysis,
and
this
goes
all
back
to
the
legislature's
intent
in
cipra
to
err
on
the
side
of
you
know
conducting
environmental
review
rather
than
exempting
and
not
giving
the
public
an
opportunity
to
comment.
I
appreciate
that.
H
H
Again,
that's
again,
this
is
an
appeal
that
we're
hearing
to
nova
we'd
like
to
have
had
that
information.
In
fact,
if
you
wanted
to
get
it,
so
it's
it's
tough
that
we
don't
have
that,
because
that,
if
that's
one
of
your
arguments
that
it's
supposed
to
be
that
kind
of
protected
area
again,
we
would
hope
you
would
have
looked
at
that
information
to
predict
to
present
it
to
us
as
opposed
to
just
assuming
they
would
not
allow
and
be
cooperative.
But
let
me
get
to
my
second
question.
G
So
there's
a
letter
from
neolitocote
in
in
our
attachments.
I
don't
know
if
you've
had
a
chance
to
review
it.
We
did
not
do
an
entirety
of
vmt
analysis
because
it
wasn't
our
burden
to
do
so.
That's
the
burden
of
a
public
agency
when
it
approves
a
project
under
sequa,
so
at
the
time
of
the
franchise
agreement
award.
G
You
take
the
baseline
under
sequa
as
you
find
it,
so.
The
existing
environment
under
the
prior
franchise
agreement
with
waste
management
was,
as
is
so
it
had
the
city
elected
to
continue
with
this
management.
There
would
have
been
no
analysis
to
do
the
city
in
deciding
to
go
with.
Athens
should
have
done
that
vmt
analysis
and
truly
vetted
whether
or
not
the
santa
paula
site
was
viable
and.
G
F
G
G
F
Miss
easy,
I
just
had
a
question
with
regard
to
the
infill
contention
that
you're
making
is
it
your
interpretation
of
sequa
that
a
project
is
would
not
or
could
not
qualify
as
infill
unless
it
was
surrounded
on
all
sides
in
so
yes,
the
city's
general
plan
makes
note
that
the
pro
the
parcel
that
is
immediately
to
the
south
and
west,
mostly
west
of
this
project,
is
open
space
and
therefore
non-buildable.
So
are
you
saying
that
precludes
this
project
from
being
considered
infill,
despite
being
surrounded
on
all
sides
by
improvements.
G
Well,
I
I
believe
it
doesn't
meet
the
criteria
because
it's
not
substantially
surrounded
by
urban
uses.
Yes,
so
there's
limited
case
law
in
this
area,
but
what
case
father
is
has
upheld,
reliance
on
the
infill
exemption.
If
you
have,
you
know
open
space
in
the
context
of
a
developed
park
like
a
regional
park,
or
you
know
something
of
that
nature.
Here,
it's
a
different
circumstance
and
why
it
does
not
apply
is
because
it
is
open
space.
There
is
coastal
scrub
habitat.
So
it's
not.
F
I
mean
even
if
it
is
infill,
for
all
intents
and
purposes
it
is
disturbed
land
because
it
does
provide
access
to
two
water
towers
which
I'm
not
sure
or
either
owned
by
or
maintained
by
the
city
of
thousand
oaks
or
or
perhaps
it
would
be
cal
american
in
this
area.
I
I
couldn't
tell
you
for
sure,
but
I
mean
I
I
understand
that
it
is
designated
open
space,
but
it
is
disturbed.
G
B
B
You
as
well
will
have
15
minutes,
there's
a
an
applicant
team
here
as
well,
I
believe,
led
by
jennifer
lynch
I'll
turn
on
your
microphone
good
evening.
Ms
lynch,
we
ask
that
you
begin
by
introducing
yourself
and
your
city
of
residence
and
you
have
up
to
15
minutes
for
yourself
or
your
team
to
speak
good
evening.
O
R
Okay,
good
evening,
chairman,
newman
and
planning
commissioners,
my
name
is
jennifer
lynch.
I
am
a
partner
with
manat,
phelps
and
phillips,
and
I'm
here
representing
the
applicant
arc
investments
as
well
as
the
future
operator
of
this
project,
which
is
athens
services,
we're
grateful
for
the
opportunity
to
respond
to
waste,
management's
appeal
and
also
answer
any
questions
that
the
commissioners
may
have
tonight.
R
R
We
very
much
appreciate
how
professional
objective
and
detailed
your
staff
has
been
throughout
this
process.
We
have
several
members
of
the
applicant
team
here
with
us
tonight
to
answer
any
questions
that
the
commissioners
may
have.
We
have
a
representative
arc
of
arc
investments,
the
applicant.
We
have
several
team
members
for
math
and
services.
R
This
project
site
is
small,
it
is
less
than
four
and
a
half
acres
and
its
primary
purpose
is
to
store
overnight
empty
athens
services
trucks.
There
will
be
no
waste,
recyclables
or
organics
brought
to
this
site.
There
is
no
proposed
materials
sorting
facility,
there's
no
trucks
that
are
going
to
be
parked
on
site
that
contain
waste
overnight.
Storage
of
waste
has
never
been
a
part
of
this
proposal.
R
Nonetheless,
staff
has
drafted
and
previously
approved
a
condition
of
approval
60,
which
expressly
prohibits
waste
from
being
parked
overnight
on
the
site
and
neither
arc
investments
nor
athens
services
has
opposed
this
condition.
We
welcome
it
and
we
have
no
intention
and
have
never
had
any
intention
of
storing
waste
overnight
on
the
site.
R
For
sake
of
argument,
even
if
the
days
and
times
on
the
spreadsheet
are
correct,
athens
believes
what
they're,
probably
indicating
are
loads
that
are
just
like
they're
roll
off
containers,
so
these
are
sort
of
individual
containers
that
are
stored
overnight
at
a
client's
site,
a
commercial
site
and
that
are
picked
up
separate
from
a
regular
commercial
route.
So
that's
probably
what
these
early
morning
dumps
are
again
we're
not
storing
filled
waste
trucks
on
this
site
by
virtue
of
both
our
proposal
and
the
city's
condition.
R
Supporting
the
primary
use
of
truck
storage
is
one
extremely
small
office
building.
It's
shown
on
this
diagram
as
the
dark
blue
rectangle
at
the
bottom
of
a
larger,
lighter
blue
rectangle.
That's
how
small
this
office
building
is
for
scale
and
context.
You
can
compare
it
to
those
white
existing
industrial
buildings
and
see
just
how
small
this
proposed
office
building
is.
There
is
a
question
about
whether
customers
will
be
coming
to
this
site.
They
will
not.
R
Customer
issues
are
dealt
with
at
the
existing
athens
sustainability
center
in
the
city
of
thousand
oaks.
Now
the
lighter
blue
rectangle
above
the
darker
one
is
the
proposed
maintenance
building.
This
is
also
small.
Again,
you
can
compare
it
to
those
existing
industrial
buildings
that
are
across
the
street
and
immediately
adjacent
to
our
site,
while
we're
comparing.
R
Our
project
also
proposes
a
significant
number
of
new
trees.
We
realize
that
this
is
the
city
of
thousand
oaks.
We
want
to
stay
on
brand.
As
ms
kendall
mentioned,
we
are
proposing
91
new
trees,
34
of
which
will
be
coast
live
oak.
The
project
does
require
removal
of
one
existing
oak
tree
at
the
entrance,
but
as
a
consequence
of
this
project,
approval
that
lost
tree
will
be
replaced
by
34
new
coast
live
oak
trees.
R
R
R
R
R
Waste
management
alleges
for
the
first
time
that
this
project
site
is
not
substantially
surrounded
by
urban
uses,
but
this
just
isn't
true
we're
located
in
the
middle
of
an
existing
industrial
park.
There
are
industrial
buildings
on
all
three
sides.
The
only
reason
there
aren't
industrial
uses
immediately
to
the
south
of
the
project
boundary
is
because
athens
has
decided
to
only
develop
a
portion
of
these
parcels
as
opposed
to
the
entire
parcels.
R
There
are
high
voltage
power
lines
that
run
along
the
south
and
the
west
or
sorry,
the
south
and
the
east
of
the
project
site
as
well,
and
there's
nothing
in
sql
that
defines
what's
substantially
surrounded
by
means,
there's
nothing
in
the
case
law.
There's
nothing
in
the
guidelines,
but
certainly
substantially
surrounded
would
apply
here.
Just
looking
at
this
ariel.
R
The
use
is
proposed
are
consistent
with
the
general
plan,
specific
plan
and
zoning
code.
The
staff
report
and
your
proposed
planning
commission
resolution
rely
on
the
permitted
use
of
contractor
storage
yard,
but
we
also
want
to
point
out
that
there
are
several
other
use
categories
permitted
in
the
m1
zone
that
could
apply
here,
including
drayage,
which
I
had
to
look
up.
It's
another
word
for
hauling
and
trucking
terminals,
terminals,
implying
both
parking
and
dispatching
activities.
R
Waste
management's
appeal
continues
to
allege
that
this
site
has
potential
for
habitat
of
value
for
listed
endangered
or
threatened
species.
However,
this
is
the
infill
development
exemption,
and
that
is
not
the
test.
The
test
is
whether
this
site
has
value,
has
a
habitat
of
value
on
the
site
for
specific,
listed
endangered
or
threatened
species,
and
this
site
does
not.
R
Waste
management
argument
seems
to
be
based
on
two
grounds:
first,
that
there
is
vacant
open
space
nearby
and
second,
that
there
is
purportedly
unique
volcanic
soils
present
on
the
site,
but
neither
of
these
allegations
outweigh
the
findings
of
an
actual
site
survey
by
a
qualified
biologist
who
surveyed
this
specific
site
on
foot,
took
photos
of
the
existing
dirt
pad
and
determined
in
its
related
biological
resources.
Technical
report
that
there
is
no
habitat
of
value
for
specific,
listed
species
on
this
site.
R
R
It's
hard
to
put
trip
numbers
into
context,
but
the
city's
adopted
screening
threshold
provides
our
guidepost.
The
city
has
a
long
established
screening
threshold
that
is
applied
to
projects
across
the
board
and
it's
100
pm
peak
hour
trips.
This
project
generates
48
pm
peak
hour
trip,
so
that's
less
than
half
now
waste
management's
appeal
attacks.
The
city's
threshold
says
that
the
city's
threshold
isn't
good
enough.
Despite
the
fact.
It's
based
on
your
staff's
professional
expertise,
local
knowledge
about
the
city
of
thousand
oaks
and
your
city
council's
approval.
R
However,
even
without
the
city's
threshold,
it's
clear
that
this
project
has
no
vmt
impact,
and
this
is
because,
as
I
mentioned,
these
trucks
are
already
in
the
city.
These
truck
trips
are
already
taking
place
on
city
streets
and
they
have
been
for
years
regardless
of
what
color
the
trucks
were
painted.
R
Athens
services
is
currently
running
the
same
number
of
trucks
as
the
city's
prior
haulers,
although
slightly
fewer
as
now,
services
are
consolidated
into
one
company,
so
we
have
equal
or
fewer
trucks
than
we
always
have
and
allowing
those
trucks
to
park
overnight
here
in
the
city
that
they
serve
reduces
not
increases
vehicle
miles.
Traveled.
R
Waste
management
continues
to
allege.
This
project
is
evading
environmental
review,
but
this
is
just
not
true.
Extensive
environmental
review
has
occurred
by
technical
specialists,
the
city
planning
department,
the
city,
public
works
department,
the
city's
third
party,
seqa
consultant,
the
police
department
and
the
fire
department,
and
the
findings
of
these
experts
determine
that
the
criteria
of
the
infill
exemption
apply.
R
R
So
one
of
the
reasons
that
this
site
is
so
great
for
this
project
is
that
it's
not
visible
from
caneocenter
drive,
given
that
the
pad
is,
on
average
more
than
30
feet
above
the
street
and
more
than
53
feet
back
from
the
curb.
So
these
are
visual
simulations
showing
how
obscured
the
site
is.
This
is
the
view
of
somebody
driving
west
along
caneocenter,
drive
that
chain-link
fence,
that's
against
the
the
right
of
way
is
not
on
our
project.
That's
the
adjacent
property.
R
R
And
here
we
have
turned
around
and
now
we're
heading
back
east.
You
can
see
the
proposed
retaining
wall
and
that's
the
project
entrance
and
again
it's
very
hard
to
see
this
project.
It's
buffered
by
this
amazing
existing
landscape
slope.
It's
set
back
from
the
roadway
and
it's
very
compatible
with
the
surrounding
uses.
R
As
a
note,
this
is
the
existing
property
to
the
west
of
our
site.
You'll
see
that
it
is
not
set
back
like
our
site
is,
there
is
no
screening
and
it
has
a
much
more
industrial
aesthetic
than
our
project
site
would
have
same.
This
is
on
the
right.
You
can
see
the
existing
industrial
building,
that's
located
immediately
east
to
the
proposed
project
site
and
again,
there's
barely
any
setback
at
all.
There's
absolutely
no
screening
and
we're
very
proud
of
how
well
our
project
fits
in
with
its
surroundings.
R
B
H
Q
H
Through
the
issues,
but
again
there
was
a
it
came
in
the
supplement
and
it
kind
of
addresses
a
number
of
the
issues
you
kind
of
went
over
and
some
that
you
didn't.
But
I
want
to
kind
of
go
through
those,
because
I
think
it's
kind
of
the
primary
issues
that
I
was
concerned
about
absolutely
initially
the
the
letter
points
in
terms
of
what
you
pointed
out.
First,
in
terms
of
the
trucks
being
basically
stored
with
with
waste
in
them.
R
Yes,
no,
that
was
our
analysis
from
our
athens
services
operators.
I
would
just
I
haven't.
I
don't
know
where
the
information
on
that
spreadsheet
specifically
came
from.
I
can't
attest
to
its
accuracy
as
it
was
provided
by
waste
management,
but
assuming
that
those
are
the
correct
load
times
and
amounts
and
days,
that's
what
they
would
be,
they
would
be
primarily
roll-off
containers.
H
R
Is
not
typical,
it
is
not
typical
to
store
waste
in
trucks
on
a
parking
site
overnight,
so
athens
does
not
do
that.
There's
no
plans
to
do
that
on
this
site.
This
is,
I
understand
why
perhaps
somebody
would
be
concerned
who
doesn't
understand
how
these
sorts
of
parking
facilities
operate.
But
that's
that's
never
been
part
of
this
proposal
and
I.
H
H
R
R
So
the
trucks
are
staggered
when
they
leave.
There
are
trucks
that
go
to
collect
those
roll-off
bins
that
I
mentioned.
There
are
trucks
that
are
designated
for
commercial
routes
and
then
there's
trucks
that
are
designated
for
residential
routes.
They
do
not
all
leave
at
the
same
time
and
they
certainly
do
not
come
back
at
the
same
time.
H
R
H
R
R
So
the
project
doesn't
come
anywhere
close
to
that
if
every
single
truck
left
at
the
same
time
it
would
only
be
increasing
traffic
on
canelo
center
drive
by
about
13
percent,
and
so
you
know,
noise
isn't
directly
additive
and
it
would
take
a
doubling
so
increasing
traffic.
The
number
of
traffic
vehicles
and
trips
on
caneocenter
drive
by
a
hundred
percent
to
result
in
even
a
perceptible
noise
difference.
H
R
H
E
H
E
Or
something
it's
staggered,
it
just
depends
on
the
service
area
that
they're
going
to
be
doing,
and
the
services
that
they're
going
to
be
rendering
so
residential
accounts
as
an
example
in
thousand
oaks.
There
is
an
ordinance
that
we're
not
supposed
to
start
before
seven
o'clock,
and
so
those
trucks
are
obviously
going
to
be
staggered
so
that
they
start
after
seven
o'clock.
E
B
J
So
I
just
for
my
own
notification.
My
understanding
of
dispatch-
because
I
worked
in
automotive
service
for
a
couple
decades-
is
that
the
dispatch
would
actually
be
for
the
maintenance
yard.
Those
dispatchers
aren't
dispatchers
for
the
for
the
routing.
The
routing
would
be
pre-established
for
these
trucks,
correct.
That
is
correct.
Okay,
so,
when
we're
talking
about
dispatch,
we're
not
talking
about
dispatchers
sending
out
calls
we're
talking
about
dispatchers
for
the
for
the
maintenance
yard,
correct.
Okay,
that
that's
all
I
needed
from
you.
J
R
Yes,
so
our
biologist
went
out
in
november,
2021
did
a
bond
site
reconnaissance
survey
drafted
a
biological
technical
study
that
was
based
on
the
findings
of
that
survey.
We
submitted
that
to
city
staff
as
part
of
our
application
city
staff
had
that
report
reviewed
by
the
city's
own
third
party,
independent
sequa
consultant,
and
that
is
what
the
staff
report
is
based
on,
and
that
is
what
the
determination
that
the
class
32
sequel
exemption
applies
is
also
based
on.
R
J
J
R
R
But
it's
not
part
of
this
proposal
and
it's
not
what
we're
asking
it
would
be
similar
to
a
starbucks
down
the
street
from
my
house.
Having
a
drive-through
doesn't
mean
that
a
starbucks
down
the
street
from
your
house
is
going
to
have
a
drive-through
if
neither
starbucks
nor
the
city
wants
to
drive
through.
That's.
J
J
F
R
Sure
so,
at
the
time
that
the
franchise
agreement
was
awarded,
so
certainly
would
this
would
also
apply
well
before
then,
when
the
rfp
process
was
ongoing.
Athens
services
did
not
have
control
of
this
site.
There
was
no
escrow
account
opened
to
obtain
this
site.
I
don't
believe
there
was
even
an
offer
price.
So,
as
listed
out
in
the
rfp
materials
prepared
by
athens,
there
were
several
different
alternatives
identified
for
where
trucks
could
be
stored.
B
E
Thank
you
good
evening,
members
of
the
planning
commission
for
the
record.
My
name
is
doug
spondello
and
I'm
a
lifelong
resident
of
thousand
oaks,
I'm
also
not
at
all
affiliated
with
either
parties
in
this
matter.
My
comments
here
will
be
in
support
of
athens
services.
Truck
storage
thousand
oaks
is
a
geographically
diverse
community
with
easily
identifiable
land
use
priorities
throughout
the
city.
The
canao
center
drive
property
that
athens
is
seeking
to
use
for
truck
dispatch,
really
is
an
ideal
location
for
such
a
facility.
E
There
are
a
few
days
that
go
by
where
we
don't
hear
some
sort
of
discussion
about
mitigating
one
or
both
the
proposed
athens
truck
dispatch
yard
is
an
opportunity
to
limit
limit
both
vehicle
miles
traveled
and
carbon
emissions.
It
would
be
very
short-sighted
and
counter-intuitive
to
contract
with
a
new
waste
hauler
and
not
sincerely
collaborate
on
such
efficiencies.
E
B
B
D
This
tactic
only
serves
to
threaten
the
most
efficient
and
effective
level
of
service
for
all
thousand
oaks
residents.
Please
consider
approving
staff's
recommendations
and,
let's
do
all
we
can
to
work
in
good
faith
with
athens
services
and
maintain
a
healthy
collaborative
relationship
through
the
life
of
this
contract.
Thank
you.
B
F
F
The
chamber
of
commerce
executive
committee
considered
this
development
permit
issue
and
decided
to
submit
a
letter
last
week
in
support
of
this
item.
I
will
briefly
summarize
our
position
number
one.
This
project
is
an
appropriate
use
of
the
m1
zoning
number
two.
This
project
is
compatible
with
neighboring
uses,
which
are
also
industrial
number.
Three.
This
project
is
beneficial
to
the
environment
because
it
will
not
require
athens
trucks
to
drive
out
of
the
city
to
sun
valley
every
day
and
increase
vmts
and
number
four.
F
B
L
L
Prior
to
this
I
lived
in
orange
county.
I
lived
very
close
to
a
very
similar
maintenance
site
that
was
allowed
to
be
closed
by
a
residential
neighborhood
and
there
were
impacts
of
noise
of
odor
and
traffic.
There's
going
to
be
these
impacts
now
the
question
is
how
severe,
how
will
they
be
detected
and
how
they
would
be
mitigated?
Commissioner
larson
commissioner
mcmahon
had
very
good
comments
appropriate
to
this,
so
there's
some
questions
that
have
been
submitted
in
appendix
15.
In
addition
to
mr
kyle's
questions,
which
were
very
good,
there's
some
good
questions
about
these
issues.
L
I
did
not
see
answers
to
these
questions.
I
was
at
the
march
24th
hearing
I
did
speak.
I
made
the
same
comments
about
the
the
impacts,
so
with
respect
to
this,
this
site
is
a
thousand
feet
away
from
residential
all
right
just
to
address
odor.
Okay,
we've
heard
that
trucks
won't
be
there
overnight,
storing
garbage.
It
sounds
like
there
may
be
roll-off
bins
there,
storing
garbage
what
happens
if
a
truck
breaks
down-
and
I
you
know-
I
discussed
this
last
time
and
it's
towed
to
the
site
full
of
garbage-
there's
going
to
be
odor.
L
Okay,
when
the
wind
blows,
okay,
the
odor
is
going
to
be
carried,
there's
also
a
school
for
autistic
kids,
passageway,
that's
on
lawrence,
it's
close
by
here.
Okay,
that's
going
to
impact
the
kids
in
orange
county.
There
was
an
elementary
school
that
was
impacted
by
the
facility
they
put
in
right,
you're,
going
to
have
additional
traffic.
We
heard
last
time,
there's
going
to
be
42
trucks
and
84
trips.
Now
it's
194
trips.
L
Okay,
how?
How
are
these
things
going
to
be
monitored?
We
just
heard
that
there
really
wasn't
any
monitoring
mechanism.
There
isn't
going
to
be
random
inspections
to
see
whether
actually
trash
is
there.
How?
How
is
the
traffic
going
to
be
impacted?
How
is
this
going
to
be
monitored?
What
are
the
enforcement
mechanisms?
I
didn't
really
hear
anything
about
any
enforcement
mechanisms.
Okay,
so
these
things
are
worrisome.
Okay,
with
respect
to
the
noise,
we
have
a
20-hour
operation
going
from
4
a.m,
to
12
a.m.
L
Okay,
and
you
have
the
arroyoville
apartments
and
also
the
rancho
conejo
housing
establishment,
where
I
live.
Okay,
very
close
by
this
okay,
a
thousand
feet
away:
okay,
there's
there's
going
to
be
noise;
and,
and
how
are
these
things
going
to
be
handled
all
right?
The
other
concerning
thing
is
that
I
I
see
things
on
nextdoor.com.
L
L
Otherwise,
the
businesses
and
the
residents
that
are
close
by
are
going
to
end
up
holding
the
bag,
and
it's
going
to
be
a
bad
situation.
I've
already
experienced
this
all
right,
so
those
are
my
concerns
and
I
hope
that
there'll
be
maybe
some
additional
answers
to
the
questions
that
were
submitted
and
some
way
to
handle
these
situations.
B
S
Good
evening,
thank
you.
My
name
is
gary
gagliardi,
I'm
a
resident
of
newbury
park.
I
have
no
financial
ties
to
either
party.
I
do
have
a
very
unique
perspective
because
I
am
an
owner
of
one
of
the
adjacent
properties
that
miss
lynch,
so
eloquently
pointed
out,
is
not
as
pretty
as
the
site
is
being
built
and
that's
at
2612
canal
center
drive.
I
also
own
a
property
at
lavery
court
and
I'm
the
president
of
the
lavery
court
owners
association
and
I'm
also
on
the
board
for
our
association
at
canada
center
drive.
S
Those
two
properties
are
condominium
complexes
which
enabled
someone
like
myself,
who
worked
hard
and
saved
their
money
to
be
able
to
buy
an
industrial
piece
of
property
for
a
very
reasonable
price.
The
problem
at
the
2612
site
is
it's
a
very
heavily
traveled
area.
I
don't
know
what
anybody's
talking
about
there's,
not
traffic.
It's
a
blind
corner
coming
out
of
that
facility.
You've
got
the
amazon
trucks
that
are
coming
through
at
very
high
rates
of
speed.
In
fact,
we've
had
many
near
misses.
S
S
The
inside
of
those
trucks
are
not
crystal
clean
and
when
they
sit
there
from
a
saturday
night
through
a
sunday
when
it's
104
degrees
out,
let's
say
during
the
summer
baking
because
there's
no
shade,
my
property
is
downwind.
What
am
I
supposed
to
do?
I
use
my
property
every
day.
In
fact,
my
2612
property
is
actually
a
private
gym
for
myself
and
my
wife
who's
a
breast
cancer
survivor.
So
we're
there
every
day
and
we
see
what
goes
on
there.
It's
actually
a
wonderful
area.
S
We've
got
hawks
that
fly
through
there's
lots
of
wildlife
that
travel
around
behind
us.
You've
got
lots
of
families
with
kids
that
go
hiking
around
there,
and
the
other
thing
that
really
concerns
me
is
that
whole
area
is
becoming
a
hub
of
the
biotech
industry.
If
you've
seen
the
articles
that
have
been
in
the
acorn
there's
been
an
explosion,
you've
got
takeda,
you've
got
capsida.
You've
got
alexandria's
turning
buildings
into
biotech
labs.
Why,
in
god's
name,
would
you
put
a
trash
depot?
S
Let's
call
it
what
it
is
in
the
middle
of
a
burgeoning
biotech
area,
that's
just
not
going
to
attract
more
businesses
in
that
area,
the
lavery
court
property
again.
That
mark
is
also
one
of
one
of
the
owners.
There
is
also
going
to
be
affected
because
we
have
a
hard
enough
time
turning
out
onto
lawrence
drive
as
it
is
with
the
amazon
drivers,
and
it's
only
going
to
increase
as
the
blue
cross
building
has
now
become
shuttered
and
that
parking
lot
that
amazon
uses
is
now
going
to
become
fully
used
for
all
their
delivery
vehicles.
S
So
what
I'd
like
to
know
is,
first
of
all,
my
own
personal
experiences
are
at
our
lavery
court
property.
Our
trash
costs
have
gone
up.
53
percent,
since
athens
has
taken
over,
in
fact
we're
in
an
argument
with
them
because
they
gave
us
extra
bins
that
were
not
required.
They're
charging
us
more
and
their
claim
is
that
waste
management
never
raised
our
rates
for
years,
which
is
which
is
not
true,
because
I
handle
the
negotiations
with
our
management
company
every
year
with
with
waste
management.
So
that's
not
true.
S
My
home
property,
my
waste
bill
went
down
four
dollars,
actually
sorry,
four
dollars
and
36
cents.
So
I
don't
see
my
17
savings
and
every
time
athens
comes
through.
I've
got
to
clean
up
in
front
of
my
street
because
they
use
these
front
loader
trucks
and
they
load
four
or
five
houses
of
recycling
products.
Then
they
dump
it
in
and
half
of
that
stuff
blows
out,
because
I'm
in
dos
fientos
and
it's
very
windy,
so
I've
got
to
go
out
and
clean
up.
S
My
street
I'd
also
like
to
know:
where
are
they
going
to
park
their
street?
Sweeping
vehicles?
That's
not
been
mentioned.
Are
they
going
to
be
parked
on
that
facility
as
well?
So
I
think
more
information
needs
to
be
studied,
and
I
really
hope
that
you
decide
not
to
do
this,
because
I
really
think
it's
going
to
affect
some
of
the
the
biotech
companies
are
going
to
come
in
there
and
a
lot
of
us
property
owners.
And
I
thank
you
for
your
time.
S
F
S
As
mark
stated,
I
think,
there's
probably
a
better
facil
a
better
site,
either
farther
farther
away
from
the
residential
sites
back
towards.
Maybe
where
the
city
has
their
hazardous
waste
collection
area
back
there,
it
might
be
a
better,
it
might
puts
it
farther
away
and
to
answer
to
mr
lanson's
question,
my
my
my
offices
in
simi
valley
were
literally
right
down
the
street
from
waste
management
and
that's
where
they're,
where
their
trucks
dispatch
at
them,
because
I
see
them
every
morning.
Thank
you.
M
M
I'm
really
proud
of
that
guys
we're
a
family-owned
company
and
I
can
speak
to
the
character
of
who
we
are
I've
been
with
the
company
for
a
long
time.
We
are
an
extremely
well-intended
company
with
this
yard.
Specifically,
I
feel
like
we're
going
to
be
bringing
environmental
service
jobs
to
our
community
and
there's
also
going
to
be
construction.
Jobs
brought
to
our
community
through
this
project,
and
I
think
it's
just
another
great
example
of
athens
committing
to
thousand
oaks.
M
Since
january
1st
we've
been
really
giving
it
our
all
up.
Here,
we've
been
hearing
some
of
the
you
know
the
the
thoughts
about
what's
going
on,
but
realistically
guys,
we've
done
the
best
job
that
you
could
possibly
do
rolling
out
this
transition
and
again
this
is
just
a
further
commitment
of
athens
services
here
in
thousand
oaks.
You
know,
I've
got
kids
that
are
at
that
age
and
you
know
they're.
M
M
Just
because
our
guys
wear,
blues
and
maybe
they're,
not
doctors
and
nurses,
doesn't
mean
they
don't
have
a
lot
of
value
and
families
that
they're
trying
to
support.
So
with
that,
I
say
thank
you
for
your
time
tonight
and
again,
I'm
real,
proud
to
be
with
athens
and
I'm
real,
proud
to
be
a
lancer.
So
thank
you.
D
Hi,
my
name
is
patrick
coles,
I'm
a
resident
of
newberry
park.
I
also
own
a
business,
it's
underneath
the
hill,
where
they're
going
to
be
building
that
facility.
If
you
look
at
the
map
there
there's
a
u-shaped
building
underneath
where
they're
building
I'm
directly
below
them.
Okay,
to
start
off
with
our
trash
rates,
went
up.
50
55,
something
like
that
somewhere
in
there.
So
we're
not
saving
money
on
our
building.
D
D
I
just
have
a
lot
of
questions.
One
of
those
and
probably
the
first
one
is
oversight
when
you
say
that
you're
the
gentleman
over
here
said
that
they
would
not
be
checking
to
make
sure
that
they're
not
leaving
trash
overnight.
That
to
me,
is
a
big
red
flag.
Why
are
you
not
checking
you
know
being
in
my
building?
I
have
an
interesting
perspective.
I'm
directly
across
the
street
from
an
amazon
parking
lot.
There's
500
trucks
there,
okay
give
or
take,
and
you
know
we
have
ups
down
the
street
all
their
employees.
D
Are
there
there's
a
lot
of
collisions
at
lawrence
and
corporate
center?
Okay,
it
happens
all
the
time
right
across
the
street
from
us
people
come
down
that
hill
I
mean
they've
had
to
pull
people
out
of
cars
and
that
intersection
with
jaws
of
life
and
that
80
000
pound
trash
truck
coming
down
that
hill
from
a
maintenance
yard.
That's
having
a
problem,
I'm
worried
about
that.
D
Okay
when
they
say
that
there's
not
going
to
be
any
hazardous
material,
it's
a
maintenance
yard,
I'm
a
repair
shop,
moe's
smog.
Okay,
we've
been
in
business
in
this
town
for
20
over
20
years.
Okay,
every
maintenance
yard
has
hazardous
materials.
You
cannot
do
maintenance
without
oil
brake,
cleaner,
brake,
pads,
carburetor,
cleaner.
Okay.
D
What
is
the
action
for
those
things
when
you
say
that
there's
not
going
to
be
hazardous
materials,
I'm
not
buying
it?
Okay
as
a
repair
shop.
I
know
that
there
are
hazardous
materials
also
there,
if
it's
a
maintenance
yard
and
they're
going
to
be
cleaning
their
trucks.
What
happens
to
that?
Runoff
water
is
there
a
clarifier
there?
I
just
thought
nothing
about
a
clarification
system
for
collecting
water.
That's
running
off
those
trucks,
especially
considering
that
the
inside
of
those
trucks
is
going
to
be
very
dirty.
D
We
have
a
lot
of
local
animals
around
us
and
I
go
into
my
shop,
sometimes
5
30
in
the
morning,
because
I
like
to
go
hiking
behind
my
shop
and
I
see
coyotes
hawks
rabbits
lizards.
I
mean
I
see
all
kinds
of
animals
there,
since
they
put
that
fence
up.
I
haven't
seen
any
rabbits
in
the
back
of
my
building.
D
It's
a
little
unnerving,
you
know
so,
just
for
me.
I
I
have
questions.
You
know
also.
My
customers
there's
some
pretty
high-end
cars
in
this
neighborhood
and
debris
and
dirt
from
building
the
stuff
that
flies
down
there.
For
my
customers.
You
know
I
I'm
concerned
for
that
as
well.
So
I
I
don't
know
if
this
is
the
site
or
not,
but
those
are
my
questions
and
I
again,
as
other
people
have
said,
I
think
there's
probably
a
better
location
in
this
town,
especially
they
already
have
a
place
where
they
have
all
their
trash
cans.
B
B
P
P
The
comment
that
this
franchise
agreement
and
this
particular
project
somehow
muddled,
is
not
accurate.
These
are
clearly
separate
projects
when
the
franchise
agreement
was
awarded.
It
was
awarded
based
on
factors
for
the
rfp,
the
request
for
proposals
and
the
proposals
were
submitted
from
the
various
players,
and
the
analysis
was
done
based
on
those
proposals
received.
P
P
P
The
exception
is
not
satisfied
by
a
mere
reasonable
possibility
that
an
activity
will
have
a
significant
effect
on
the
environment.
You
need
to
show
again
the
unusual.
It
must
be
due
to
unusual
circumstances,
and
then
we
look
at
this
this
case.
The
two
factors
that
waste
management
and
their
appeal
used
was
the
fire
zone.
P
P
We
don't
have
that
situation
here
and
they
have
not
established
any
factors
to
show
that
to
demonstrate
based
on
their
burden
of
proof
to
meet
that
element.
That
is
a
very
important
fact.
It's
not
muddled
to
me.
It
is
very
clear
that
these
two
cases
are
separate
issues
and
that
the
exemption
the
factors
in
the
exemption
have
been
met
by
walking
on
the
site.
By
doing
the
analysis
of
the
vmt,
all
those
things
have
been
met,
the
consistency
with
the
general
plan.
We
met
all
of
them.
P
We
would
not
recommend
that
exemption
unless
we
found
that
it
could
be
met
and
what
would
be
very
important
about
that?
It's
we
did
the
sequel
analysis
carefully.
To
make
sure
can
we
meet
an
exemption
and
the
answer
is
yes,
we
could,
and
we
can
support
that,
based
on
all
this
effort
and
all
this
work
that
was
done
not
based
on
a
mere
possibility,
not
based
on
it's
possible
that
something
could
exist
on
this
site.
The
fact
is
that
someone
walked
the
site,
a
biologist,
a
consultant.
P
There
was
a
discussion
about
substantial
right.
What
does
that
mean
and
and
to
waste?
Management's
attorney's
point
that
she
made
a
great
point,
it's
very
hard
to
find
case
law.
That
says
this
is
what
it
is,
but
I
will
draw
your
attention
to
exhibit
three
of
the
staff
report
and
in
that
exhibit
you
show
the
various
uses
around
this
building
these
urban
uses.
You
have
a
professional
condominium,
complex
in
the
northwest.
You
have
various
buildings
on
the
north,
you
have
various
buildings
on
the
east
and
you
have
various
buildings
on
the
south.
P
You
have
a
small
portion
of
the
west.
Again,
we've
got
to
remember
that
that
condo
complex,
that's
in
the
northwest,
has
to
have
a
100
foot
fire
protection
area.
So
you
have
to
count
that
out
as
as
something
that's
going
to
be
cleared
every
year,
so
so
to
me,
looking
at
all
that
information
all
that
urban
use.
That
means
to
me
my
my
in
my
opinion,
that
is
showing
a
substantial
urban
area,
because
most
of
the
area
around
this
place
is
surrounded
by
urban
uses.
P
You
heard
some
comments
tonight
about
concerns
about
the
prices
that
people
are
paying
and
and
the
the
effort
that's
being
made
by
athens
in
the
current
service.
Again,
that
is
about
the
franchise
agreement
that
is
not
about
this
project.
I
want
to
make
sure
that
we're
all
clear
that
tonight
it's
about
the
appeal
of
the
administrative
hearing
approving
this
project.
It's
not
about
athens
as
a
franchise
operator.
It's
not
about
the
lawsuits
between
athens
and
waste
management
and
cities
involved
and
a
couple
of
those
those
are
on
appeal.
It's
not
about
that
it's
about.
P
P
We
believe
that,
based
upon
all
the
information
we
received,
waste
management
has
not
established
in
the
burden
of
proof
the
exception
under
15
300.2
c
to
the
exemption
and
based
upon
that.
The
recommendation
that
the
planner
has
made
earlier
is
the
one
that
we
are
recommending
to
you
and
I'm
sure,
there's
other
comments
from
planners
on
the
dies
here.
N
Thank
you.
Thank
you.
I'm
kathy
naum
transportation,
planner
public
works.
Thank
you
for
letting
me
go
first,
a
couple
couple
traffic
questions
for
ray,
so
I'm
just
kind
of
just
let
you
know
what
what
I
know
so
I
can
share
with
you
the
there
was
a
question
that
came
up
about.
Well.
Does
the
city
monitor
the
number
of
trucks
that
are
going
to
be
using
the
road?
The
answer
is:
no.
We
don't
monitor
them
from
we'll
say
from
the
city
of
public
works
standpoint,
the
public
monitors
for
it.
N
What
we
call
the
85th
percentile
the
speed
that
85
percent
of
the
people
are
driving
at
on
the
road,
the
canadian
spectrum.
It
was
at
28
miles
an
hour,
so
it
was.
You
know
there
was
there's
perception
that
that
there's
there's
a
lot
of
speeding
going
out
there,
and
some
people
do
drive
above
that
and
below
it.
But
that's
what
85
percent
of
people
are
driving
at
and
we
looked
at.
N
N
Eight
percent
additional
number
of
vehicles
on
the
road
out
there
and
the
road's
already
at
a
level
service
a
so.
The
feeling
is
that
it's
really
this
project
will
not
deteriorate
the
level
of
service
out
there,
because
it's
such
a
low
volume
over
the
course
of
the
day
and
oh
one
other
thing
about
collisions.
This
had
come
up
when
when
it
went
to
the
the
administrative
hearing,
so
I
looked
at
the
accent,
data
and
there's
been
no
reported
collisions
in
the
last
five
years
in
the
surrounding
intersections.
N
P
It's
a
policy
that
in
most
circumstances
for
the
city
of
thousand
oaks,
we
are
responsive
to
complaints
when
it
comes
to
co-compliance.
So
if
there
is
a
complaint
that
we
receive,
we
investigate
that.
So
there
might
be
periodic
review
of
a
person's
property
based
on
a
violation
that
we
are
going
through
a
case
process
on
whether
it's
a
civil
or
criminal
and
an
officer
who's
in
charge
of
that
case
may
go
to
that
property
numerous
times
to
see
if
the
conditions
that
are
being
the
nuisance,
for
example,
are
being
fixed
or
taken
care
of.
P
But
it's
based
on
reporting
parties
who
report
that
there
is
an
issue,
and
then
we
investigate
that.
That
is
how
the
conditions
work
and
that's
how
our
policy
has
been.
So
we
do
not
do
a.
We
have
always
inspections
and
and
a
set
time
period
of
inspections.
It's
got
to
be
based
on
complaint
based
and
that's
how
we
handle
co-compliance
issues
and
condition
issues.
Q
All
of
those
would
be
subject
to
code
enforcement
and
our
conditions
of
approval,
although
they
are
very
much
not
expected
to
become
nuisances,
we
don't
expect
there
to
be
an
issue,
but
if
there
is-
and
there
are
reports
of
such
issues,
code
enforcement
will
respond,
and
I
just
wanted
to
make
clear
that
the
residential
uses
near
the
site
are
part
of
a
teacher
academy.
The
there
are
no
residential
uses
within
the
normally
required
notification
radius.
Q
I
think
the
rest
of
the
comments
can
mostly
be
issued
by
the
applicant,
including
those
around
the
truck
wash,
how
often
the
trucks
will
be
washed
and
how
that
facility
cleans
its
water,
and
things
like
that
can
be
discussed
by
the
applicant,
and
we
have
other
staff
from
the
department
of
public
works
here.
Who
can
help
answer
questions
about
that
as
well?.
B
B
B
G
G
So
the
problem
with
the
bra
survey
that
it
was
conducted
only
on
one
day
in
november,
when
rare
endangered
plants
do
not
bloom,
usually
protocol
level.
Surveys
are
all
required
to
be
done
in
the
spring
for
that
purpose,
according
to
our
consultant,
who
was
only
able
to
use
aerials
to
show
he
had
looked
at
the
site
in
october?
G
It
had
vegetation
at
that
time
and-
and
you
know
native
and
also
non-native,
but
also
when
he
looked
again
after
this
november
survey.
In
preparing
the
more
recent
comment
letter
in
march,
the
site
had
been
disturbed.
So
I'm
not
sure
that,
because
that
vegetation
wasn't
there,
when
I
think
staff
alluded
to
that
there
hadn't
been
any
grading
since
the
90s.
G
I
don't
believe
that
that
is
accurate,
so
the
bra
survey
itself
admits
that
it
didn't
do
these
protocol
level
surveys,
which
is
required
to
prove
that
there's
no
value
as
habitat
and
it's
plus
it's
just
not
substantially
surrounded
by
urban
uses.
I
I
recognize
there's
a
debate
happening
here,
but
again,
on
the
face
of
the
exemption,
you
can't
say
it's
surrounded
by
urban
uses
with
respect
to
the
nox
emissions
from
construction.
G
You
know,
I
didn't
see
it
before,
because
it's
buried
in
the
cali
mod
modeling,
you
know
spreadsheets
that
are
just
kicked
out
and
included.
There
was
no
text
or
discussion
as
the
form
of
an
air
quality
analysis,
but
to
say
that
construction
emissions
are
not
required
to
be
considered
is
just
not
accurate.
G
So
there's
evidence
in
the
record
that
shows
that
these
construction
threshold
will
be
exceeded
which
triggers
the
need
for
environmental
reviewers,
or
so
it
should,
with
respect
to
this
project
being
clearly
separate
and
different
from
the
franchise
agreement.
You
know
with
all
due
respect
to
the
city
attorney.
You
will
agree
to
disagree
and
continue
to.
I
just
felt
compelled
to
acknowledge
the
facts
that
athens
had
identified
this
site
in
2020.
G
They
had
made
an
offer
to
the
school
district
in
late
2020.
They
had
completed
their
due
diligence
by
their
own
attorney
and
council's
admission,
for
which
we
obtained
only
through
the
public
records
act
request
after
the
fact,
but
yet
there
was
no
information
to
the
city
council
in
march.
You
know
at
that
time.
G
In
fact,
they
represented
to
the
council
that
the
santa
paula
site
would
be
immediately
expanded
for
this
very
purpose
before
you
tonight.
So
in
litigating
this
issue
and
perhaps
continuing
to
litigate
this
issue.
If
we
prevail,
the
court
could
require
athens
and
the
city
to
go
back
and
actually
look
at
totality
of
the
environmental
review.
Maybe
impose
you
know,
mitigation
measures,
you
know
mitigate
significant
impacts
to
the
extent
feasible.
G
So
this
is
exactly
why
the
legislature
in
adopting
sequa
has
prohibited
piecemealing
in
cipa
cases,
because
you
must
consider
the
effects
on
the
environment
before
you
know,
project
gains,
irreversible
momentum
and
and
also
to
inform
public
decision
making,
which
you
know
the
council
was
deprived
of.
Apparently,
you
know
at
that
time
with
respect
to
the
berkeley
hillside
case,
you
know,
with
respect
to
the
exception,
to
the
exemption.
G
You
know
there
are
unusual
circumstances
here
with
respect
to
the
high
fire
hazard
area
with
respect
to
the
potential
for
biological
resource
impacts.
So
this
is
why
you
know
the
project
could
result
in
significant
impacts,
but
the
main
point
is
just
on
its
face
in
the
language
of
the
class
32
infill
exemption.
G
B
R
Thank
you
first,
I
want
to
respond
to
mr
inocenzi's
comments.
He
had
submitted
four
questions.
I
actually
expressly
responded
to
each
one
in
writing
as
part
of
my
may
2nd
2022
letter,
so
those
answers
are
all
there,
but
very
briefly,
he
asked
why
there's
no
express
condition
prohibiting
trucks
with
waste
from
parking
on
site.
Of
course,
as
we've
discussed,
there
is
one
he
also
asked
when
trucks
will
be
leaving
the
site
in
the
morning
to
start
their
routes.
As
we
previously
discussed
residential
routes
start
at
7
am
right.
R
R
R
Finally,
he
had
asked
why
the
noise
technical
memorandum
references
a
total
of
84
truck
trips,
if
only
42
trucks
are
necessary
to
serve
the
city,
to
clarify
any
time
in
the
staff
report
in
the
noise
report
and
the
traffic
memorandum
when
we're
talking
about
a
truck
trip,
that's
referring
to
a
one-way
truck
trip.
So
if
we
have
42
trucks,
there
is
one
trip
out
and
one
trip
back
and
that
equals
84
truck
trips.
So
that's
the
the
difference
that
he
pointed
out
there.
R
R
R
There
was
a
comment
about
hazardous
waste,
so
the
question
under
the
infill
development
exemption
and
any
of
those
exceptions
that
we're
talking
about
you
cannot
apply
an
exemption
if
you
are
on
a
designated
hazardous
waste
site,
so
a
cortese
site.
Of
course
we
are
not
one
of
those.
The
question
is
not
whether
we're
going
to
have
oil
or
brake
fluid
on
the
site.
R
R
There
is
a
clarifier
under
the
truck
wash
the
different
sediments
and
oils
and
greases
are,
you
know,
sort
of
diffused
out
of
each
of
these
different
containers
and
then,
ultimately,
that
clarified
water
is
sent
into
the
sewer
system,
so
there's
no
co-mingling
of
any
of
the
water
that
comes
out
of
the
truck
wash
with
any
storm
water
on
the
site.
Those
are
two
completely
separate
systems.
R
Finally,
to
respond
to
a
few
of
waste
management's
comments,
she
is
again
requesting
protocol
level
surveys.
She
claims
that
her
biologist
somehow
saw
native
plants
from
an
ariel.
I
just
don't
think
this
is
possible
and
she
doesn't
cite
to
any
law
requiring
protocol
level
surveys
in
order
to
apply
this
infill
development
exemption
protocol
level.
Surveys
are
typically
done
when
you
already
have
found
potential
habitat
on
your
site,
and
you
need
to
go
into
significant
detail
again.
R
If
you
look
at
the
project
site
photos
in
our
biological
resources
assessment
you'll
see
that
there
is
no
need
to
do
protocol
level
surveys
here
again.
Regarding
the
knox
threshold,
I
didn't
mean
to
imply
that
we
don't
look
at
construction
emissions
at
all.
My
point
was
that
the
threshold
that
waste
management
is
citing
in
the
appeal
well
in
the
additional
letter
she
submitted
today
of
25
pounds
per
day
of
knox
expressly
does
not
apply
to
construction
emissions.
So
that's
not
the
applicable
threshold
here.
R
R
Finally,
I
believe
commissioner
link
had
questioned
if
we
do
not
park
our
trucks
here.
Where
are
we
going
to
park
them,
and
we
just
want
to
reiterate
that
parking
our
trucks
on
this
site
is
the
perfect
opportunity
to
invest
locally
in
thousand
oaks,
reduce
athens
services,
vmt
impacts
and
make
use
of
an
existing
underutilized
industrial
zoned
development
pad.
That
is
nearly
perfect
for
this
use,
given
its
location,
topography,
prior
grading
and
screening
from
the
roadway.
Thank
you.
B
B
J
J
R
J
J
J
Q
Q
J
J
P
So
again,
I'm
not
sure
I'm
hesitating
because
for
this
particular
project
tonight
I
I'm
not
sure
how
much
I
could
get
into
it
other
than
to
say
is
I'm
not
sure
when
they
applied
for
their
permit
that
they
said
it
was
a
school.
I
think
people
have
referred
to
this
place
as
a
school.
It
came
up
in
a
cannabis
hearing
for
legendary.
Yes,.
J
P
They
said
that
it
was
just
over
600
feet
away
from
a
school
and,
of
course
we
were
going.
What
school
are
you
talking
about
and
then
turns
out
that
when
I
looked
at
the
permit
for
that,
if
it's
the
same
place
that
it
wasn't
a
permit
for
a
school,
I'm
just
one
of
those
ones
that
I
think
that's
what
he's
referring
to,
but
I
didn't
want
to
get
into
it
too
much
other
though
I
caught
the
same,
I
had
the
same
question.
J
E
J
J
P
That
would
be
correct.
We
we
actually
reviewed
it
in
the
last
episode
that
we
had,
because
obviously
we
always
have
concerns
making
our
process
better.
Our
evacuation
issues,
our
safety
issues
better
for
every
situation
that
we
have,
whether
it's
practice
or
the
reality
of
it.
We
go
through
an
analysis
to
see
what
we
can
do
better
and
that
would
include
this
area
of
the
city.
J
H
H
H
G
H
B
Thank
you,
commissioner.
I
want
to
just
follow
up
with
mr
here.
To
be
sure,
I
understood
a
cautionary
comment
you
made
about
the
scope
of
this
hearing
tonight.
If
I
understand
correctly,
we
are
here
to
review
an
appeal
of
a
decision
about
the
lot
in
newbury
park
on
and
that's
all.
We
are
not
reviewing
the
franchise
agreement
that.
P
B
P
B
F
B
F
B
B
My
understanding
is,
we
are
reviewing
a
decision
that
was
made
administratively.
There
was
a
change
since
that
decision
to
remove
one
condition
that
was
not
appropriate,
conditioned,
formerly
the
former
condition
27.
As
a
matter
of
precedent.
We
try
to
not
design
from
the
dice,
and
that
would
take
the
form
this
evening
of
not
trying
to
rethink
what
the
administrative
decision
was
correct.
We're
not
we're
not
moving
buildings
around
on
this
lot
or
things
like
that.
P
Correct
this
is
a
de
novo
hearing,
though
so
you're
listening
to
all
the
testimony.
That's
why
we
had
to
attach
all
the
other
documentation,
because
you
want
to
make
sure
that
you've
and
we
believe,
we've
established
this-
that
you've
have
the
entire
record
from
the
initial
plans,
to
the
to
the
administrative
hearing,
to
all
the
comments
from
that
and
then
to
for
the
staff
report
for
this
meeting
and
all
the
comments
from
this
meeting.
P
All
those
factors
are
for
your
review,
but
the
action
for
the
recommendation
is
whether
to
approve
the
appeal
or
deny
the
appeal:
make
an
action
to
approve
the
project
and
approve
the
piece
the
protected
tree.
Permit.
I'm
sorry,
I'm
slipping
on
that
one,
because
I'm
still
used
to
oak
tree
permit,
but
right.
P
B
Right
so
again,
this
is
a
hypothetical
and
if
it
were
to
come
to
pass
it's
a
hypothetical
I
would
oppose.
But
let
me
ask
it
if
we
look
at
this
this
de
novo
case
and
say
you
know
this
building,
that's
right
here.
We
really
don't
like
the
location
of
this
building.
We
want
it
to
be
in
this
other
place.
P
P
Yeah,
I
would
say
that
the
project
before
you
includes
the
locations
for
the
for
the
building
and
the
parking
lot,
based
upon
all
the
information
that
we
had,
and
that
would
include
the
sql
analysis,
and
so
we
are
saying
within
the
project
site.
So
the
project
site
is
is
what's
before
you
that
4.4
acres
plus
the
oak
tree
issue.
Okay,.
B
B
N
N
I
I
looked
at
the
statistics
at
the
for
the
administrative
hearing
and
at
that
point
I
was
prepared
to
talk
about
collision
data
and
there
was
no
collisions
in
the
immediate
area
at
any
intersections
for
the
past
five
years.
So,
although
I
don't
have
them
here
in
front
of
me,
that's
from
six
weeks
ago
what
I
was
prepared
to
talk
about,
if
we
were
talking
about
it,
but
then
again
these
are
reported.
Collisions.
B
B
J
P
J
E
E
F
Again,
not
to
beat
a
dead
horse,
but
based
on
mr
heather's
determination,
my
own
assessment
of
the
two
aspects
that
came
before
us
and
the
allegation
more
or
less.
With
regard
to
piecemealing,
I
myself
find
that
the
two
aspects
are
separate
and
distinct
and
while
they
may
have
been
complicated,
certainly
from
a
pure
business
case
and
and
certainly
would
be
in
athens
best
interest
to
have
a
site
that
is
located
within
the
city
of
thousand
oaks.
So
frankly,
it's
just
good
good
business.
F
I
don't
think
that
any
piecemealing
occurred
here
so
going
on
that
same
vein,
I
think
the
categorical
exemption
based
on
section
32
is
reasonable
and
that
the
pellet
didn't
necessarily
meet
their
burden
of
proof
with
that
regard
and
keeping
in
mind
that
this
is
in
regard
to
endangered
or
threatened
species.
So
we
do
live
in
the
kanejo
valley
and
rabbits
don't
fall
under
that
category.
F
There
are
a
lot
of
them
and
I
do
not
believe
that
they
are
endangered
species
so
well,
I
do
recognize
that
the
loss
of
a
rabbit
running
through
your
backyard
is
certainly
disconcerting.
It
does
not
fall
within
the
scope
of
sequal
vmt.
Similarly,
I
do
believe
is
a
non-issue
both
from
the
categorical
exemption
screening
criteria
standpoint
and
from
the
standpoint
that
the
technical
guidance
recognizes
that
this
is
a
net
increase.
F
In
my
estimation,
that
would
actually
be
double
counting
of
trips,
but
that's
neither
here
nor
there
and
again
the
guidance
from
opr
with
regard
to
vmt
and
and
even
with
level
of
service.
Prior
to
that
is
that
the
elite
agency,
this
again
being
the
city
of
thousand
oaks,
gets
to
establish
their
thresholds
and
the
100
pm
peak
hour
trip
threshold
for
the
city
of
thousand
oaks.
Has
been
long-standing
and
certainly
has
been
tested,
so
I
don't
find
that
there
is
really
any
way
of
impugning
that
I'm
sure
we'll
find
out
later.
F
Maybe
perhaps
I
do
recognize
the
concerns
that
the
neighbors
have
with
regard
to
noise
and
odors
and
that
there
are
probably
other
locations
for
this.
Unfortunately,
athens
doesn't
own
those
locations
and
we
can't
compel
athens
to
purchase
another
piece
of
property,
so
we
just
have
to
consider
what's
in
front
of
us
so
and
I'm
sure
they
looked
I'm
sure
they
tried
to
look
for
something
that
was
obviously
in
their
best
interests
and-
and
this
is
the
one
that
they
they
arrived
at.
F
O
Commissioner
link
has
said
a
lot
and
I
he
said
it
a
lot
better
than
I
could
say
it.
I
will
just
comment
that
I
did
walk
the
site.
I
guess
I
trespassed
and
I
was
up
there
and
I
walked
a
lot
of
it
and
saw
just
dirt
and
was
up
high
and
it
was
surrounded
by
industrial
buildings,
and
I
thought
to
myself
that
if
you
want
to
put
a
lot
of
trucks
kind
of
out
of
the
way
where
it's
not
going
to
bother
any
people
in
houses,
this
was
probably
the
place.
O
H
Thank
you,
chair
newman.
I
look
at
our
position
on
the
planning
commission
as
very
limited.
In
some
sense,
we
are
not
the
city
council.
We
have
five
amazing
people
on
the
city
council
and
they
dictate
in
terms
of
the
city
plan
and
various
other
things.
So
the
comment
with
regard
to
you
know:
why
would
you
want
to
put
this
by
biotech?
That's
that's
beyond
our
purview.
We
are
a
planning
commission
that
is
an
executive
body.
H
That's
there
to
enforce
the
rules
and
regulations
in
terms
of
enforcement
if
they're
overcharging,
if
they're
doing
various
other
things
that
were
that
were
stated
by
members
of
our
our
community,
which,
by
the
way
I
took
with
a
lot
more
weight
than
I
did
with
regard
to
what
waste
management
said,
those
are
all
important
issues,
but
again
those
go
to
issues
above
and
beyond
what
I
think
the
planning
commission
can
address.
Those
are
either
enforcement
issues
by
code
enforcement
or
by
the
the
city
council.
H
H
To
basically
just
say,
of
course,
it's
a
protected
area
for
animals
without
really
any
evidence
aside
from
just
saying,
of
course,
it
is
that
to
me
is,
is
just
amazing
that
we
had
to
actually
go
through
that
process,
so
I
found
no
weight
whatsoever
in
the
appeal.
I
think,
of
the
arguments
and
again,
commissioner
link
did
a
fantastic
job
of
going
through
them
were
of
no
weight.
For
me
again,
I
took
a
lot
more
weight
in
the
comments
from
our
community,
so
I
will
support
the
motion.
J
B
Thank
you,
commissioner,
there's
not
much
to
be
said
beyond
what
the
other
commissioners
have
already
said,
I'm
with
commissioner
lanson
on
giving
the
greatest
weight
to
members
of
the
public
who
spoke
both
for
and
against,
in
support
and
and
against.
This
appeal,
I'm
very
sympathetic
with
their
comments,
but
I
also
concur
with
commissioner
lansing
that
some
of
the
comments
here
are
just
out
of
scope
for
what
we
can
and
can't
do
tonight.
B
If
you're
not
happy
with
the
service
provided
with
athens,
there
are
other
avenues
within
the
city,
such
as
code
compliance
where
you
can
take
up
those
issues,
but
the
question
before
us
tonight
is
a
very
narrow
one
and
that's,
namely
whether
a
previous
administration
administrative
decision
was
correctly
decided.
That's
all!
That's
all
we're
here
to
decide
and
the
arguments
in
my
mind
that
were
made
against
that
decision
were
not
compelling
and
were
not
evidence-backed.
B
I
won't
go
quite
as
far
as
commissioner
lansing,
who
you
just
use
the
terms
alleged
aerial
photos.
I
think
the
photos
probably
existed
whether
they
provided
sufficient
evidence
to
make
a
determination
that
there
was
some
problem
with
this
decision
that
that,
I
think,
is
a
is
a
matter
for
debate,
and
I
concur
about
the
resolution
of
aerial
photography,
that's
available
to
civilians
that
it's
just
not
very
detailed
and
certainly
not
detailed
enough
to
reverse
the
decision.
B
The
100
vmt
threshold
is
long-standing
and
has
been
upheld
many
many
times,
and
we
are
well
below
that
threshold
here
and
because
we
have
not
heard
sufficient
evidence
to
challenge
the
decision.
I
too
will
support
it.
I'm
not
going
to
go
into
questions
about
motives
of
either
the
appellant
or
the
applicant.
I
think
that's
out
of
scope.
The
question
before
us
was
whether
the
decision
that
was
previously
made
administratively
was
correct
and
I've
not
heard
a
preponderance
of
evidence
tonight
to
suggest
that
it
was
not.
So.
E
E
B
B
Any
aggrieved
party
who
wishes
to
appeal
the
planning
commission's
decision
may
do
so
by
filing
an
appeal
with
the
community
development
department
within
10
days.
I
want
to
ask
I
want
to
thank
representatives
both
of
the
appellant
and
the
applicant
for
appearing
tonight
and
to
the
many
members
of
staff
who
participated
in
this
case
previously
we'll
move
on
to
department
reports.
Mr
duggan,
I
believe
we
have
none.
B
B
B
805-654-2664-805-654-2664,
if
you
have
not
received
a
mail-in
ballot
by
this
friday
now
the
land
use
part
of
that,
I'm
sure
that
all
of
you
have
seen
driving
around
town.
There
are
lots
and
lots
of
political
campaign
signs,
and
I
applaud
everyone
for
being
civically
engaged
in
our
electoral
process.
J
I
just
wanted
to
reach
out
to
everybody
and
acknowledge
the
fact
that
the
city
of
thousand
oaks
has
put
up
a
survey
on
their
website
regarding
bike
lanes
and
sidewalks
along
lin.
Road
and
hillcrest
drive
they're.
Looking
for
public
input
on
that,
and
I
think
it's
a
very
important
issue
in
our
town
to
create
greater
accessibility
and
how
we
do
it
is
going
to
be
determined
by
community
input
to
some
degree.
J
B
E
E
Also
considering
the
planning
commission
meetings
coming
up,
there
will
be
funding
commission
meetings
on
may
23rd.
The
planning
commission
will
be
hearing
a
departmental
report
on
a
2021
general
plan
and
the
housing
element,
annual
progress
report
and
also
there'll,
be
a
public
hearing
on
a
request
for
a
mixed
use
of
multi-family
residential
development
at
325
and
391
hampshire,
road,
formerly
known
as
the
kmart
site.
E
Then
on
june
13th,
the
next
planning
commission
meeting.
There
are
two
items
on
the
tentative
schedule:
a
public
hearing
regarding
adding
cannabis,
retailers
and
adult
use
as
a
permitted
retail
operation
in
the
m1
zone
and
a
public
hearing
on
a
request
to
construct
the
four
multi-family
residential
buildings
and
related
uses
at
one
baxter
way.
So
several
big
hearings
coming
up.