Home Depot would require a zoning change

I strongly disagree with your April 5 editorial that city approval of the new Home Depot is a "done deal" and "there are no major hurdles to jump because Home Depot's proposed location meets city zoning."

I hope, for due process and open government, your initial conclusion is wrong. As to the other claim, this second Home Depot raises a critical question of whether it's allowed under the zoning. As a land-use attorney who worked for the city, I'm familiar with its zoning and General Plan.

The General Plan has "neighborhood centers" (C-1, Neighborhood Shopping Center Zone) meeting a neighborhood's "convenience goods shopping needs," frequently located near higher density housing like the Hampshire Road apartments, in walking distance so vehicles need not always be used for regular shopping.

Therefore, the C-1 zone is for a neighborhood shopping center that complements nearby residences. A shopping "center" is a mix of retailers.

A "neighborhood" center provides convenience merchandise and services sought by nearby residents on a regular basis (food, a haircut, dry cleaners, etc.). Planners define a "neighborhood" center as serving people living within two miles.

Home Depot focuses on a "regional" market. Its economic impact analysis states it will draw customers from 12 miles east/west, and more than 14 miles north/south, a market area with 141,800 people.

The permitted "primary tenant" anchor in a C-1 center is a supermarket or drugstore. The only other possible anchor is a "junior department store" selling "'soft' goods, such as apparel, with lesser merchandising of 'hard' goods, such as appliances and furniture," but requiring a Special Use Permit.

Home Depot "is the world's largest home improvement specialty retailer" (hard goods).

The antithesis of both a "shopping center" and meeting "neighborhood convenience needs" is this single regional oriented tenant with 110,000-plus square feet of hard good specialty items. Just because a small neighborhood hardware store can be a part of a larger "shopping center," as a secondary non-anchor tenant, does not justify the tail can wag the dog here.

It's worth noting the former Home Depot on Ventu Park Road and the present store (Newbury Park) are not C-1 sites.

If these limiting words in the zoning code mean anything, the proposed Home Depot is not allowed in that C-1 zone.
Mark G. Sellers
Westlake Village
Sellers is a former attorney for the city of Thousand Oaks.