CITY VOTES TO ADD `TEETH' TO ZONING.

Byline: Sonia Giordani Daily News Staff Writer

Squeaking by the City Council on Tuesday with three votes of support, the second amendment this month to Measure E will be worked on by city staffers in coming weeks and could be sent back to the voters by early next year.

One year after Thousand Oaks residents approved the measure requiring a ballot vote whenever the city intended to rezone parcels and increase commercial land beyond the limit outlined in the General Plan, some council members insist Measure E has no teeth when it comes to projects proposed for land already zoned for commercial use.

``All the real growth in this city is going to occur on land that is already zoned for commercial land use, and Measure E has no real effect on those types of projects,'' said Mayor Pro Tem Linda Parks, author of the latest amendment.

Parks said developers of land already zoned for commercial use face few restrictions in building intensive, high-density structures that could obstruct the city's goal of maintaining a ``semirural'' atmosphere.

With about 37 percent of commercially zoned land in the city still vacant, she said, city officials and residents should focus on the quality of such development as well as zone changes.

In addition to requiring a vote of the people every time the city considers adding commercial acreage to the General Plan, Parks' proposed amendment also would require voters to approve commercial developments where a parking structure would intensify the project's density or where buildings are taller than 35 feet.

Parks cited the example of a project approved last year on Thousand Oaks Boulevard and Hodencamp Road for a movie theater to be built on top of a parking structure.

``If we really want to have an impact on how commercial development is going to grow, then let's keep it from being high-density anywhere in the city,'' she said.

Parks' amendment was the second this month. Two weeks ago, Councilwoman Elois Zeanah proposed an amendment that would close a loophole in the measure allowing city-owned lands to be converted to commercial use.

Amendments passed by the council are subject to approval by Thousand Oaks voters.

But Mayor Michael Markey said such amendments expand Measure E beyond its originally intended scope - which was to reserve a role for residents in establishing the guidelines for commercial and residential growth and density. Sending every question to the voters is excessive, he said.

``As a taxpayer and citizen, I don't want to go to the ballot box on every proposal before the city. If we're going to ask residents to do that, then why have a City Council?'' he said.

Markey added that the city's countless codes lay out the standards and limitations for all developments.

``The issue comes up because there is a perception that there is something wrong with the way we review such projects now, and I don't concur that there is a problem out there,'' said Markey, who joined Councilwoman Judy Lazar in voting against further consideration of the amendment.

``This latest amendment is dealing with parking structures and heights and we already have guidelines for dealing with these things in the city codes, with strict building heights and development guidelines,'' he said.

City Attorney Mark Sellers questioned the legality of putting all commercial development issues on the ballot, noting that developers would be denied an opportunity to speak to the community at a public hearing.

``The ballot box is appropriate for policies and legislative actions, the guidelines for the community. It's not acceptable or even legally correct to have a hearing by ballot box,'' Sellers said.