Agoura Hills okays shops at Oak Creek
By Stephanie Bertholdo bertholdo@theacorn.com

A dispute between Adler Realty Investments Inc. and the city of Agoura Hills over the design of the Shops at Oak Creek development has been resolved.

The Canwood Street commercial project, which the City Council approved on June 25, is adjacent to the 336-unit Oak Creek Apartments at Kanan Road and the 101 freeway.

The Mike Adler investment firm purchased the property from J.H. Snyder Co. on the condition that several upscale restaurants could be built at the site, but Adler and the city disagreed for three years about the final appearance of the project.

The development was initially proposed as a "restaurant row" with four upscale eating establishments and two office buildings. But after purchasing the property, Adler submitted plans for a fivebuilding, 34,000-square-foot project with two highend restaurants, four smaller eateries and several retail shops.

The Agoura Hills Planning Commission denied the plans in February, but Adler appealed to the City Council and finally won approval following several changes that were made .

The buildings will be staggered to avoid a "linear" appearance, and new pedestrian walkways between one of the buildings and the creeks were added. More seating and planters were also included in the new design.

More trellises will be used throughout the project to add to the pedestrian ambiance, and a large new oak tree will be included as a focal point of the buildings.

Also in the new design, lighting will be added to the Canwood Street bridge.

Councilmember Dan Kuperberg wanted deed restrictions to stop future tenants of the restaurants from using the buildings for a different purpose.

"Three years from now the restaurant changes hands and turns it into another furniture store," Kuperberg said. "If we don't put something in writing, it can change."

He said while the applicant made a "tremendous" number of changes, most of the alterations were suggested three years ago by the council.

"(The project) would have been approved and under construction by now if you did the changes to begin with," Kuperberg said.

Adler conceded on many design points, but refused to include the deed restrictions. Adler's attorney Chuck Cohen said the restrictions would make it difficult to lease the buildings and secure loans. The city has not required restrictions on other projects, Cohen said..

Kuperberg lost his fight on the deed restrictions.

"I don't like deed restrictions- never have," said Councilmember Harry Schwarz.

"Ideally we would like certainty that every project (approved) from here to doomsday will stay as is," said Councilmember Bill Koehler.

The market will dictate the "the highest and best use" of the property, Koehler said. The best use at this location is restaurants, he said.

Mayor John Edelston questioned Adler about the smaller restaurants proposed for the site. Panda Express was, in his estimation, "fast food."

"I look at fast food as Burger King or a drive-thru," Cohen said. "Panda Express- no."

Interested businesses reportedly include Urban Cafe, a coffee shop and a telephone store. Possibilities for upscale restaurants include Matteo's Italian restaurant and an Asian seafood establishment. At an earlier meeting, Adler said one of the restaurant sites might be split to include an Argentine steakhouse.

Councilmember Denis Weber said he was "happy with the project the way it stood back in April.

"I'm still happy," Weber said.

"At some point you have to have some trust," he said, and told Adler, "I think you have a great project."

Councilmember Bill Koehler likened the evolution of the project to a "fine wine."

"It's a better, smoother, more acceptable project in the end," Koehler said.