Agoura Hills planning commission eases use restrictions for Shops at Oak Creek to help fill vacancies

The Agoura Hills Planning Commission on Thursday approved an amendment to the list of uses prohibited at the Shops at Oak Creek shopping center, a move intended to increase leasing flexibility at a site with multiple vacancies.

The commission voted 4-0 to amend Planning Commission Resolution No. 771 to change the prohibited-use list for commercial parcels 3, 4, 5, 6, 7 and 8 in Tract 53752 and to make a determination of exemption under the California Environmental Quality Act (CEQA). Chair Roth made the motion; Commissioner Stein seconded it. The roll call recorded Commissioners Plattzer, Stein, Vice Chair Reinhardt and Chair Roth voting aye.

Community development staff said the restriction change responds to a property owner’s request to allow additional commercial uses that had been barred by earlier conditions of approval intended to produce a pedestrian-oriented center. Denise Thomas, Agoura Hills community development director, said the center was originally entitled with a list of prohibited uses and that the amendment would allow some uses that are already permitted elsewhere in the city’s Commercial Retail Services (CRS) zone.

“Katrina Garcia, our associate planner, will present to you this evening a very detailed explanation of the project,” Thomas said during the presentation. Garcia described the site history: the shopping center was entitled in 2002 and a prohibited-use list was adopted by the planning commission in 2004; the commission removed five uses from the list in 2017, and the current request would remove additional items to allow more tenants to occupy vacant spaces.

The property owner and applicant, Chako Jacob, told the commission he has actively marketed the property for about 18 months without success and that removing some restrictions is intended to attract tenants. “We have actively marketed that property for 18 months, and I don't know why we have not been able to lease that space,” Jacob said. He said a franchise operator, My Gym, submitted a letter of intent for a 2,000-square-foot unit and that other complementary tenants have expressed interest.

Commissioners asked staff and the applicant about specific uses and impacts. Vice Chair Reinhardt confirmed that a church would still require a conditional use permit, and staff confirmed that convenience stores proposing on-site alcohol sales would be subject to a conditional use permit requirement; off-sale liquor stores remain prohibited under the amendment. Staff also explained that parking requirements remain in place and that property owners typically demonstrate adequate parking through studies required for business licensing.

Several public commenters urged caution. Todd Nathanson, a nearby broker and property manager, said he was “very concerned about bypassing the system that’s in place for uses that can be considered,” and asked the commission to ensure neighborhood impacts are considered. Stefan Siegel, a nearby resident, said crime and homelessness near the center have increased and that leasing the property could help address those problems.

After discussion, the commission approved staff’s recommendation with a specific amendment: the planning commission added Parcel 7 into the set of parcels covered by the resolution and removed “school, vocational” and “school, trade” from the prohibited-use list so tutoring, robotics and similar instructional businesses could locate at the site. Staff and commissioners said those uses are already allowed by-right in other CRS areas in Agoura Hills and that removing them here would align the Shops at Oak Creek with zoning elsewhere in the city.

The commission’s action does not authorize individual businesses to open without the usual local permits; proposed tenants that require separate permits (for example, a convenience store seeking to sell alcohol) must still obtain the necessary conditional use permits and business licenses. Staff said the CEQA exemption finding was appropriate because the amendment involves reuse of an existing commercial center and does not create a substantial effect on the environment.

The applicant said he hopes the action will help attract tenants and reduce vacancies that have contributed to loitering and other neighborhood concerns. Planning staff said they will implement the resolution amendment and process future business-license applications per code requirements.

Votes at a glance

• Amendment to prohibited-use list for Parcels 3, 4, 5, 6, 7 and 8 in Tract 53752 and amend Planning Commission Resolution No. 771 (add Parcel 7; remove “school, vocational” and “school, trade” from prohibited uses); CEQA exemption found — Motion by Chair Roth; second by Commissioner Stein; vote 4–0 (Plattzer, Stein, Vice Chair Reinhardt, Chair Roth: aye).

What happens next

The change updates the planning commission resolution that governs the shopping center’s list of prohibited uses. Individual tenants still must comply with the municipal code and obtain business licenses and any required conditional use permits or other approvals before opening.