Measure H creates development dilemma in Agoura Hills

Measure H creates development dilemma in Agoura Hills By John Loesing Acorn Staff Writer

Confused over the interpretation of Measure H, Agoura Hills officials say they’re unsure about how to move forward with a new fashion mall that a developer wants to build here.

Narrowly approved by voters last year, Measure H prohibits any store greater than 60,000 square feet.

Although no plans have been submitted, Westlake Village developer Dan Selleck proposed scrapping plans for a Home Depot and building a 24-acre fashion mall, anchored by Neiman Marcus, instead.

While some applauded the move as a change in the right direction, the backers of Measure H said "no" still means "no."

"The citizens of Agoura Hills realized they don’t want a store greater than 60,000 square feet. It doesn’t matter what type of store is being proposed," said Jodi Regan, a Measure H proponent.

While Measure H says no big box stores can be built in the city, it does say voters can make an exception.

"If voters want to change the law and increase the size cap, they can do that after due consideration," said Howard Littman, a land-use consultant and Measure H author.

But what’s unclear is whether the Agoura Hills City Council can conduct discussions and public hearings about a store that’s prohibited under Measure H, such as Selleck’s Neiman Marcus.

"To contemplate an action that is greater than 60,000 feet … our interpretation is the law would have to change first," said Craig Steele, Agoura Hills attorney.

A referendum to change Measure H had been planned for the November ballot, but city officials delayed the vote until the March primary.

"The committee decided it could not recommend putting it on the ballot because there were still many unknowns for people to make an informed decision," said City Councilman Ed Corridori, a member of the economic development committee.

Steele said "ambiguities" in Measure H have put the city "in the midst of a dilemma."

While it’s clear the law must be changed for a big box store to be approved, the city could still consider a big box before the law is changed—just as it has the authority to consider any development that’s prohibited under the general plan, Steele said.

Discussing the matter at a city council meeting last week, Measure H proponents defended the law.

"I take offense to the assumption we did not know what we were doing when we voted," Regan said.

It’s expected that either Selleck or the city will put Measure H back in front of voters next year. The March vote wouldn’t be yes or no on Neiman Marcus, but for or against the current 60,000 square-foot limitation, officials said.