Planning commissioners approve looser use restrictions at Shops at Oak Creek to attract tenants

The Agoura Hills Planning Commission on a 4–0 vote approved amendments to the prohibited-use list for the Shops at Oak Creek commercial center, adding Parcel 7 to the set of parcels covered by the restriction and removing vocational and trade schools from the list so certain tutoring and instruction businesses can locate there.

Katrina Garcia, associate planner, told the commission the site was originally entitled in 2002 and that a 2004 resolution (No. 771) established a recorded list of prohibited uses for the commercial parcels. Garcia said a 2017 amendment had already removed five uses and that the current proposal would remove several additional uses — including addressing and mailing services, church/temple (which would still require a conditional use permit), convenience stores, grooming services, locksmiths, mail-order businesses, voice and music studios, dance studios and martial-arts/gymnastics studios — to allow greater tenant flexibility in the face of vacancies. Garcia said the applicant requested the change because multiple tenant spaces on Lots 4 and 5 remain vacant and the owner wants broader leasing options.

"The removal of these uses from the list will essentially now allow these types of businesses to operate within the shopping center," Garcia said during the staff presentation.

Owner Jako Jacob told the commission he bought Parcels 4 and 5 about "a year and a half" ago and has actively marketed the property for roughly 18 months with limited leasing success. He said an offer from a children’s fitness franchise, MyGym, prompted the application to amend the prohibited-use list so the center can lease units more readily.

"We bought the property maybe it's about a year and a half. 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, describing the decision to seek the amendment.

Neighbors who spoke during public comment urged caution. Todd Nathanson, a nearby property manager, said the community originally supported restrictions for particular reasons and warned against bypassing the local review process: "I'm very concerned about bypassing the system that's in place for uses that can be considered." Another resident raised safety and homelessness concerns adjacent to the apartments; Jacob replied that leasing the spaces is a principal strategy to address loitering and related problems.

Commissioners asked staff to clarify several points before voting, including how convenience stores and on-site alcohol sales would be regulated and whether a church would still require a conditional use permit (staff: yes, a church would still require a CUP). Commissioners also discussed parking; staff said a parking study by the property owner would be required to demonstrate adequacy before a business license or occupancy would be issued.

After deliberation the commission approved a motion, as restated by the city attorney, to amend Resolution 771 to include Parcel 7 and to remove "school, vocation" and "school, trade" from the prohibited-use list for Parcels 3–8 of Tract 53752. Chair Roth made the motion, Commissioner Stein seconded, and the roll call vote was recorded as Commissioner Plattzer—Aye; Commissioner Stein—Aye; Vice Chair Reinhardt—Aye; Chair Roth—Aye.

The commission also made the staff-recommended determination under CEQA as part of the action. Staff said it will incorporate the approved changes into the final resolution and move the administrative steps necessary to implement the amendment.