Agenda packet — Land Use - Economic Development Subcommittee, September 29, 2025 (part 1 of 2)

AGENDA

SPECIAL MEETING OF THE CITY COUNCIL

LAND USE / ECONOMIC DEVELOPMENT SUBCOMMITTEE
Agoura Hills City Hall - City Manager's Conference Room 30001 Ladyface Court, Agoura Hills, California 91301
Monday, September 29, 2025
2:00 PM
Please silence all cell phones and other electronic devices during the meeting.

NOTE: The Subcommittee and City staff will be participating in this meeting in-person in the City Manager's Conference Room. Members of the public have the opportunity to participate in-person in the conference room.

For public participation on items listed on this Agenda, refer to "Public Comments" below.

PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comments in-person at the meeting Members of the public have an opportunity to attend the meeting in-person and speak or submit a written comment on any item listed on this Agenda. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. Written public comments submitted at the meeting are not read aloud by staff.

To request to speak in-person at the meeting. The Subcommittee will open the floor for public comment and any in-person attendee who raises their hand will have the opportunity to speak. Public testimony is limited to three (3) minutes per speaker; a speaker's time may no be transferred to another speaker.

Option B: To submit written public comments by e-mail (prior to the meeting) Members of the public have an opportunity to submit email correspondence on any item listed on the Agenda by sending an email to: [email protected]. All public correspondence received by 1:00 p.m. on the meeting date will be provided to the Subcommittee prior to the meeting. Public comments are not read into the record. Any public comments received after 1:00 p.m. on the meeting day will not be considered as part of the Subcommittee’s deliberations or entered into the official record, but will be provided to the Subcommittee the next day.

CALL TO ORDER

ROLL CALL
Mayor Penny Sylvester
Councilmember Deborah Klein Lopez

APPROVAL OF AGENDA

PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)

DISCUSSION ITEMS

1. Draft Protected Tree Ordinance
RECOMMENDATION: Review the draft Protected Tree Ordinance and provide comments and direction to staff.

2. Adoption of 2025 Building Standards Code Briefing
Briefing on the 2025 California Building Standards Code adoption, including state-mandated provisions and proposed local amendments, AB130, and receive feedback prior to City Council consideration of the adopting ordinance.

3. Progress Update on Concept Plans RFP and Property Owner Engagement

SUBCOMMITTEE OR STAFF COMMENTS

ADJOURNMENT
Date Posted: September 25, 2025

BACKGROUND
One of the Community Development Department’s goals for the 2025-26 Fiscal Year, as adopted by the City Council, is to amend the City’s Oak Tree Ordinance (Agoura Hills Municipal Code (“AHMC”) Section 9657 et. Seq.).

The Oak Tree Ordinance Amendment was prompted by a few key issues with our oak tree regulations, particularly pertaining to enforcement and the cost burden that oak trees have on single-family property owners throughout the City. Staff brought a set of goals and objectives, or "Planning Principles", to the Land Use and Economic Development Committee (LUEDC) on June 10, 2025, and to the full City Council on July 9, 2025. The City Council was supportive of the Planning Principles as drafted and presented by staff. One of the principles called for the protection of two additional species of trees, the California sycamore and Southern California black walnut, which is why the draft Ordinance is now being referred to as the Protected Tree Ordinance ("Ordinance"). The Planning Principles presented to the City Council are attached to this report, as well as the draft Ordinance. Section 3 of the draft Ordinance contains all of the new Protected Tree Regulations, which you can find on pages 2 through 21.

The purpose of this item is to discuss and receive feedback on the draft policy language in the Ordinance.

PLANNING PRINCIPLES AND ANALYSIS OF NEW REGULATIONS
Staff used the Planning Principles to guide us when making decisions on the new regulatory provisions of the Ordinance. Below is a summary of changes that were made to address each Planning Principle, and an analysis of the potential impact that the changes will have.

Planning Principle # 1 Analysis: Consistency and Consolidation The Ordinance consolidates all protected tree regulations into section 9657 of the AHMC to ensure consistency.

Certain language from Appendix A (Oak Tree Preservation Guidelines) was carried over to the new Ordinance, and Appendix A would be deleted from the AHMC. There are also several references throughout the municipal code pertaining to oak trees. Where appropriate, the Ordinance amends those sections of the AHMC to reference section 9657, or in other instances replaces the word "oak tree" with "protected tree".

Further, standards for individual types of permits have been internally consolidated within the Ordinance to ensure simple, straightforward regulations. Depending on the type of activity proposed, an applicant will now fall under one of three permit categories:

General Tree Permits - Work within the Tree Protection Zone (TPZ) of a Protected Tree that is not routine maintenance and will not jeopardize the long-term health of the tree, or tree removals that are not associated with development or emergencies (Section 9657.7, page 6).

Emergency Tree Permits - Situations in which a protected tree is considered hazardous and must be removed for safety purposes (Section 9657.8, page 8).

Development Tree Permits - New construction projects that will impact or have the potential to impact protected trees (9657.9, page 11).

Under the new Ordinance, if a member of the public wants to know submittal requirements and the permit process for a general tree permit, all they would have to do is look at Section 9657.7, which contains all applicable regulations for general tree permits. The same goes for emergency tree permits and development tree permits (including AHO projects and SB 9 projects, which have their own sections). This clarity will increase the likelihood of compliance and reduce back and forth interactions between staff and the applicant, streamlining the permit process.

Additionally, the existing oak tree preservation guidelines are long and confusing. The amount of information is overwhelming to applicants and even consultants. The Ordinance was condensed to contain only pertinent information related to the permit process, application materials, mitigation requirements, and monitoring requirements. Many specifics about the appropriate way to set up protective fencing or other technical requirements for mitigation are better off being located in standard conditions of approval imposed by the City and advertised on the City website, and they would be able to be updated easier if scientific methodologies change.

Planning Principle # 2 Analysis: Too Punitive, With No Incentives The current regulations aim to protect trees through permit and development restrictions and punitive action, with no incentives to plant new trees. The stringent regulations sometimes serve as a deterrent for the planting of new protected trees. The Ordinance tries to address this issue directly by adding a planting incentives section (9657.11). The following incentives are proposed:

Tree grant program. The Ordinance allows the City to establish a tree grant program that provides free protected trees to local property owners paid for through the protected tree mitigation fund.

Registered plantings. Any property owner that willingly plants new Protected Tree species on their property may register those trees with the City. Registered plantings on file with the City will not be subject to the protections of the Ordinance. New developments may not register required plantings.

Landmark tree plaques. The City may provide a free plaque to property owners that celebrate and maintain landmark oak trees.

Modifications and variances. The Ordinance gives the Community Development Director the ability to waive variance and modification fees for development projects that avoid impacts to Protected Trees, and as a result, do not meet established zoning criteria. In other words, a financial incentive is granted to developers willing to modify their development plans to avoid protected trees. Examples of modifications may include a 20% encroachment into a required setback or a 10% decrease in the number of required parking spaces.

In addition to the specific incentives listed above, the processing procedures for general tree permits have been simplified. Under the current regulations, general tree permits are processed in the same manner as development tree permits. This means that they technically require an oak tree report prepared by a certified arborist, with cumbersome informational requirements that make it unreasonably costly to prune an existing protected tree.

General tree permits involving only pruning and less than five protected trees now only require the following information to be submitted:

Application form - to be made available on the City's website Justification statement - A written statement explaining the justification for planned activities Photos of the trees proposed for pruning, marked up with proposed cut locations Required fees
Once the above information is submitted, the application will generally be approved if a tree care company certified by the City is conducting the pruning activities, and photos will be provided to the City upon completion of work. For work done by a non-certified tree care company, a site inspection will be required and the pruning cuts will be approved by the City's arborist prior to commencing work.

Planning Principle # 3 Analysis: Difficult to Enforce
The enforcement mechanisms for violations of the oak tree ordinance currently contain a level of subjectivity and lead to disputes between the violator and the City. This subjectivity sometimes requires involvement by the City Prosecutor, which is expensive and inefficient. Section 9657.14 of the draft Ordinance contains all proposed policies related to penalties and enforcement for violations. Violators of the Ordinance would be subject to the following penalties:

Double permit fees
Suspension of permit processing on the property until the violation is resolved Required mitigation based on the size of protected trees removed Restitution, if the violation is particularly egregious or willful, or if it is a repeat violator It is worth noting that the current regulations also allow for the penalties noted above. The difference with the new regulations is that the mitigation amounts are objective, and restitution amounts will be objective and established by resolution concurrently or shortly after adoption of the Ordinance. In other words, there will be no opportunity for a violator to dispute the amount of restitution.

Separately, many violators of the City's current oak tree regulations are tree trimming companies. The Ordinance allows the City to establish a registration system whereby tree care companies may be certified by the City by attending annual training. The City-endorsed tree care company list would be advertised on the City's website and at City Hall. City-endorsed tree care companies in violation of the Ordinance would face revocation of their endorsement status in addition to the other established penalties for violations.

Planning Principle # 4 Analysis: Limited Space for Large Oaks One challenge with protected tree mitigation is that properties sometimes don't have the space to provide for new plantings on-site. The Mountains Recreation and Conservation Authority (MRCA) has historically allowed mitigation trees to be planted on their property through the establishment of a contract and the payment of a per-tree fee by the applicant. Staff has been made aware that the MRCA may no longer be accepting mitigation trees, so staff has sought to find alternative off-site mitigation strategies. The Ordinance allows the City to establish a mitigation fund and a tree grant program. Concurrently with the Ordinance, staff will be presenting a resolution to establish the cost of off-site mitigation plantings based on the size of trees required to be planted. If on-site plantings are not possible for a given project, the applicant will be required to pay an in-lieu fee based on the number of plantings that would have been required. The City will then use those mitigation fees to provide free trees to local property owners through its tree grant program. This will reduce costs associated with mitigation because property owners will be responsible for the irrigation and maintenance of the trees, which is a significant contributor to costs associated with replacement plantings at MRCA. Staff is also exploring opportunities for collaboration with local non-profits to provide off-site tree plantings on large sites near the City.

Planning Principle # 5 Analysis: Unclear and Impractical Requirements In addition to the reorganization of the Ordinance to provide for clear and concise regulations based on project type, a major change is proposed to the way the City currently calculates project-specific impacts to protected trees.

The City currently regulates the removal of oak trees through an analysis of the amount of canopy area proposed for removal or the amount of encroachment into the protected zone of all protected trees on a site. Currently, the City does not allow a project to remove greater than 10% of the total estimated canopy area or root structure of protected trees on a site, and any individual tree that is encroached greater than 20% is required to be mitigated for.

Because of inconsistencies within the current regulations and the difficulty associated with calculating root zone impacts, it is sometimes hard to tell whether a project complies with all applicable provisions. While an evaluation of root zone and canopy impacts is effective at evaluating a project's short-term impacts to total urban canopy area of a site, it is not as effective at encouraging the integration of protected trees into a site's design, because as soon as an applicant is required to encroach more than 20% into the protected zone of a tree, they are actually better off removing the tree. For example, if a developer wants to integrate an existing oak tree into a proposed parking area, all impacts associated with grading and paving the parking area around the tree would count against the developer, and they would likely still have to mitigate for the tree.

The draft Ordinance aims to simplify removal limits and encourage the retention of individual protected trees on site, particularly large or heritage trees, by modifying removal limits to be based on a percentage of the total Diameter at Standard Height (DSH) of protected trees removed from a site. DSH is the standard measurement of a tree trunk's diameter, measured around 4.5 feet from the ground. Mitigation requirements are proposed to escalate based on the percentage of DSH removed and the size of the trees removed, to provide scaling mitigation for more impactful projects. Any more than 20% of the total DSH removal will require a variance, but additional mitigation would still be required. While this removal limit is higher than the current regulations, we do not currently have scaling mitigation requirements, so we would receive significantly more mitigation when impacts exceed 10%.

To demonstrate the proposed regulations, if all protected trees on a site had a cumulative diameter of 200 inches, all allowable removal percentages would be based on the diameter of the trees actually proposed for removal.

Below are some examples of mitigation based on a site that has 200 inches of protected trees:

If a developer needed to remove one 20-inch protected tree, they would be required to plant three 24-inch box trees as mitigation, since they would meet the 10 percent removal threshold.

If the same developer needed to remove two 20-inch box trees, they would need to plant six 36-inch box trees since they meet the 20% removal requirement.

If the same developer applied for a variance and needed to remove three 20-inch box trees, they would need to provide twelve 36-inch box trees since they fall over the 20% removal threshold.

As you can see above, after the 10 percent threshold is exceeded, the size of replacement requirements will increase. This increases cost for the developer, encouraging fewer removals and ensuring higher quality replacements. After the 20% threshold is reached, replacement amounts and size are increased, substantially increasing cost to the developer. Essentially, by analyzing removal limits using total DSH, a developer will be encouraged to keep as many protected trees on site as possible, whereas before, any encroachment activities would count against the developer. This particularly applies to large or heritage trees, as their DSH is higher and would lead to higher removal percentages and mitigation requirements. Encouraging the retention of individual trees rather than focusing on canopy area removal percentage would eventually lead to greater canopy area, as any impacts to a tree's canopy would eventually grow back, given that the tree stays healthy. Additionally, scaling mitigation requirements would ensure that an appropriate amount of mitigation plantings are required for larger trees.

Planning Principle # 6 Analysis: Other Tree Species
Two additional tree species were added to the Ordinance at the request of the City Council. With the addition of two new tree species, we needed to modify our definition of what constitutes a "protected tree". Using DSH was the best way to provide a clear definition for which trees the City will protect, with the exception of scrub oaks, which are not appropriate to be measured using DSH. Currently, the City protects all oak trees that are two inches or more in diameter. This is an extremely low bar for protection, and it should be raised. The new definition for "protected tree" is proposed as follows:
"Protected Tree. All trees located within City boundaries of the species California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species with a DSH that measures 6 inches or greater are considered protected. All scrub oak species shall be protected regardless of size."

SUMMARY OF IMPORTANT CHANGES
Due to the amount of information in the current regulations and proposed regulations, a comparison chart is provided below, which provides a brief explanation of the major changes with current regulations versus what is proposed, and the reason for the change.

Table 1 - Comparison Chart
Standard/Topic Current Regulations Proposed Regulations Reason for Change Total Site
Removal
Limits
10% of canopy or root
structure of all protected
trees - Variance required
over 10%.
10% total DSH of all protected
trees; if more than 10%
proposed for removal,
additional mitigation required.

Variance required for more than
20% DSH removal. Does not
apply to sites with less than 5
trees.

DSH is more effective at
encouraging the retention of
individual trees. Sites with less
than 5 trees may be forced to
apply for a variance if even one
tree happens to be in a location
that prevents development,
which creates unnecessary
process requirements since the
findings for approval would
prevent those sites from
needlessly removing trees.

Scaling mitigation allows
flexibility while encouraging and
requiring environmental
protection. Consistent with
Planning Principles 2 and 5.

Removal
Limits for
Individual
Trees
Mitigation shall be
provided for any
encroachment greater
than 20% into the TPZ or
canopy.

A tree shall be considered
effectively removed if
encroachment into the TPZ or
canopy exceeds 20%, unless the
City arborist determines that the
activity would not result in the
death of the tree. Such trees
shall be required to be put on a
monitoring program as a
condition of approval, and
mitigation is required if the tree
dies as a result of project
impacts.

The new standard will encourage
protected trees to be a part of a
project's design. Canopy or root
zone impacts will not count
against the developer unless the
City arborist determines that the
tree would likely die as a result of
the activity. Consistent with
Planning Principles 2 and 5.

New
Development
Mitigation
2:1 to 4:1 ratio per tree
removed depending on
commercial vs.

Residential, varies
between 24-inch box and
36-inch box. Landmark
trees: 60-inch box.

Scaling mitigation. 2:1 to 5:1
ratio per tree removed based on
size of tree removed. Size of
replacements increases after
10% removal. Number and size
of replacements increases after
20% removal. Landmark trees:
increased mitigation
requirements.

Scaling mitigation based on the
size of trees and number of
removals is good at providing
flexibility while also financially
encouraging fewer removals. It
also helps to provide mitigation
for lost canopy area as quickly as
possible when more removals
are necessary, as larger nursery
trees will have larger canopy
areas within a few years of
planting. Consistent with
Planning Principles 2 and 5.

Scrub Oak
Mitigation Not explicitly stated.

Objective replacement
requirements for development
tree permits based on square
footage removed, with scaling
mitigation.

Scrub oaks are generally only
impacted with new development,
as they are shrubs that occur
mostly in undeveloped spaces.

However, it is still important that
they have their own mitigation
requirements because the ratios
for scrub oaks should be based
on square footage rather than the
number of individual scrub oaks
removed. Consistent with
Planning Principles 1 and 5.

General Tree
Permit
Application
Materials
Application form,
justification statement,
fees, Oak Tree Report,
and site map required for
all permits.

Application form, justification
statement, fees, and photos of
the trees proposed to be pruned
with recommended cut
locations. Protected Tree
Report and site map is only
required for general tree permits
involving 5 or more trees.

A site plan map and protected
tree report are not necessary for
the vast majority of general tree
permits. The new processes will
expedite protected tree permits
and reduce costs, without
sacrificing protections.

Consistent with Planning
Principle # 2.

General Tree
Permit
Approval
Authority
One tree removal is
allowed under Director
Review; Everything else
requires PC Approval.

Director decision subject
to appeal.

Director Review for all general
tree permits, not subject to
appeal.

General tree permits typically
involve the pruning of multiple
trees, or the removal of one tree.

It is incredibly rare for general
tree permits to request more than
one tree removal, as those sorts
of actions are usually taken as
part of a new development,
which would be a development
tree permit. It makes sense to
have director level approval of
general tree permits. Further, it is
cumbersome and inefficient to
allow appeals of a director
decision for general tree permits
as it would require the applicant
to wait through the appeal period
to commence work. Consistent
with Planning Principle # 2.

General Tree
Permit
Mitigation
Inconsistent - 9657
Requires 4:1 mitigation;
Guidelines require 1:1 for
residential.

No mitigation required for
removal of dead trees, so long
as it did not die as a result of a
violation of the protected tree
regulations. 1:1 mitigation
required for trees that are in
conflict with existing
infrastructure.

Owners shouldn't be punished if
a protected tree happens to die,
especially when it isn't their fault.

We also want to encourage the
removal of dead trees. A 1:1
mitigation ratio allows some
mitigation for protected trees
that conflict with infrastructure,
without being too onerous on
property owners. Consistent with
Planning Principle # 2.

Protected
Trees
All oak trees
Oaks, California sycamore,
Southern California black
walnut
Consistent with Planning
Principle # 6.

Planting
Incentives
None.
(1) Tree Grant Program - free
plantings for property owners;
(2) Registered plantings -
exemptions for new, nonrequired plantings; (3)
Landmark tree plaques; (4)
Reduced fees for modifications
and variances for avoidance of
protected trees
Consistent with Planning
Principle # 2.

Compliance
Incentives
Punitive action.

Punitive action and company
registrations to encourage
compliance.

An education and incentive
program for tree care companies
will encourage compliance with
the municipal code and will
reward those companies with
free marketing on the City's
website and at City Hall.

Consistent with Planning
Principle # 3.

Exemptions
From
Protected Tree
Regulations
Emergencies; Routine
Maintenance; Nursery
Trees; Active Fires
Small trees; Emergencies;
Routine Maintenance; Nursery
Trees; Active Fires; Registered
plantings
Trees under 6 inches are now
exempt from protection, as they
are too small to provide any
significant amount of
environmental benefit.

Registered plantings are also
exempt to encourage more
plantings within the City.

Consistent with Planning
Principle # 5.

Permit Types
Administrative or
Planning Commission
Approvals
General Tree Permits;
Emergency Tree Permits;
Development Tree Permits
Separating permit types into
three separate and distinct
permits based on the actual
activity allowed staff to organize
the Ordinance more effectively,
and to provide for
straightforward requirements for
each permit type without overlap
or confusion. Consistent with
Planning Principles 1 and 5.

Emergency
Tree Permit
Threshold
Only immediately
hazardous or dead trees
may be removed under
an emergency tree
permit.

The Director may now consider
a protected tree to be in a
hazardous or dangerous
condition if the continued
existence would eventually lead
to a hazardous or dangerous
condition, even with reasonable
mitigation efforts.

This change is due to City
Council direction to be able to
assist with homeowners that are
facing loss of insurance due to
protected trees encroaching on
their home, without further
burdening those homeowners
with mitigation requirements.

Emergency tree permits do not
require mitigation, and staff
believes the language as drafted
will give the director enough
flexibility to determine whether
the removal is appropriate on a
case by case basis. Consistent
with Planning Principle # 2.

Monitoring
Requirements
Required as a condition
of approval; extensive
guidelines laid out for the
treatment of oak trees.

Monitoring required for up to
five years with specified
information to ensure the health
of impacted or replacement
trees; conditions of approval
relied on for things such as
protected tree fencing and
treatment of oak trees during
construction.

Monitoring reports are important
to ensure that mitigation
measures or conditions of
approval are met. It is not as
important to lay out several
pages of details regarding the
treatment of oak trees in the
actual ordinance, as that can be
accomplished on a projectspecific basis through conditions of approval for things like
protective fencing. Staff will still
aim to have standard conditions
of approval posted on the City
website for transparency.

Consistent with Planning
Principles 1 and 5.

Required
Findings
Findings different for
administrative vs. PC
approvals
Findings different for General,
Emergency, and Development
tree permits.

Finding sections were kept
substantially the same, but a few
modifications were made for
clarity and less repetitiveness,
and to fit General, Emergency,
and development tree permit
types. Consistent with Planning
Principles 1 and 5.

Appendix A
(Oak Tree
Preservation
Guidelines)
Exists Removed
The guidelines are too long and
wordy, and conflict with Section
9657 in many instances. The
Ordinance consolidates all
protected tree regulations and
keeps only the necessary
regulations. Many thresholds and
language from the guidelines
was used to draft the Ordinance.

Consistent with Planning
Principle # 1.

Special
Development
Tree Permits
AHO and SB 9 projects
have their own respective
oak tree sections.

AHO and SB 9 projects have
their own regulations within the
Ordinance for consistency and
consolidation. Requirements
now based on DSH rather than
canopy or root structure area
removed, consistent with all
other protected tree permits.

Consistent with Planning
Principle # 1.

Penalties and
Enforcement
Restitution is somewhat
subjective.

Restitution will be established
by resolution, and will be
objective based on the size of
trees removed. Mitigation
planting requirements will be
consistent with development
requirements.

Consistent with Planning
Principle # 3.

In summary, staff believes that the draft Ordinance accomplishes each planning principle by reducing the burden of protected trees on existing developed property, increasing new incentives for planting, and maintaining or increasing mitigation requirements for new development, which will result in equal or greater protections of the environment, and opportunities for environmental enhancements through incentive programs.

NEXT STEPS
Staff will update the Ordinance based on any comments received from the LUEDC. The Ordinance will then be presented to the Planning Commission and subsequently to the full City Council.

FISCAL IMPACT
The City's Fiscal Year 2025-26 Budget will not be impacted by the Protected Tree Ordinance. Funds were allocated to the Community Development Department's contract services account to pay for the City Arborist's time spent on the project (Dudek). The project is currently on or under budget.

RECOMMENDATION
Staff recommends the LUEDC review the draft Protected Tree Ordinance and provide comments and direction to staff.

Attachments
Planning Principles.pdf
Draft Protected Tree Ordinance.pdf
Draft Planning Principles - Oak Tree Ordinance Update
Ordinance Issue Areas Description Proposed Planning Principles 1 Consistency and
Consolidation
The City’s oak tree regulations live in multiple locations of the AHMC. The Oak Tree Preservation Guidelines live in AHMC Section 9657, and separate Oak Tree Preservation Guidelines are in Appendix A of the AHMC.

Additionally, there are separate oak tree permit requirements for affordable housing developments and Senate Bill 9 developments that live in the Affordable Housing Overlay District standards, the Objective Design Standards, and Senate Bill 9 standards respectively.

With oak tree permit requirements living in at least five different locations of the AHMC, it is often confusing for applicants to understand which regulations apply. Additionally, in some instances, the Oak Tree Preservation Guidelines in AHMC Section 9657 conflict with the guidelines in Appendix A. For example, replacement requirements are inconsistent, and permit requirement thresholds are not straightforward.

Lastly, the Oak Tree Preservation Guidelines in Appendix A are unnecessarily long, and few applicants read them in their entirety. The Ordinance should be consolidated, and should be organized to follow the logical process of applying for an oak tree permit.

Planning Principle # 1
Ensure internal consistency and
consolidate all oak tree regulations
into one area of the code. Reorganize the information in a way that is easy to read and provides clarity for
the public and staff.
2 Too Punitive, With No
Incentives
The current oak tree regulations aim to protect oak trees through permit and development restrictions and punitive action, with little or no incentives to plant new oak trees. This has inevitably led property owners to be less willing to plant new oak trees on their property out of fear of future repercussions or restrictions. Punitive oak tree regulations may deter property owners from removing existing oak trees on an individual basis, however, it may also dissuade property owners from planting new oak trees on their property in the first place.

For this reason, it is difficult to know whether the current protections actually result in a net increase or decrease in total oak tree canopy throughout the City if you take into consideration the property owners that actively avoid the planting of new oak trees.

Staff would like to explore ways to reduce the burden of oak tree regulations on property with existing development, particularly single-family homeowners, and incentivize the planting of new oak trees, while maintaining replacement and design requirements for new development. Additionally, the Ordinance should clearly define “Heritage Oak Trees”, and we should provide greater protections for those trees. Staff would like to explore property owner incentives for maintaining those trees and designing new projects around them.

Planning Principle # 2
Reimagine ways to encourage the
planting of new oak trees and reduce
the cost burden of oak trees on
property owners. There should be a
good balance between incentives
and protections, with enough
flexibility to not discourage new
plantings. Clearly define “Heritage
Oak Trees” and provide greater
protections for those heritage oaks.

Provide incentives for properties that
celebrate and maintain them.
3 Difficult to Enforce
City Code Enforcement staff currently struggles with the enforcement of oak tree regulations, specifically with illegal removals and the appropriate mitigatory remedies, as the process is mostly subjective and based upon the opinion of a certified arborist, who is usually employed by the violator. This often, if not always, results in disputes over the value of removed oak trees between the violator's arborist and the City (and our Oak Tree Consultant by extension). These disputes are extremely costly for the City in terms of staff time and consultant time spent, and do not lead to an efficient resolution of violations, or speedy replacement of lost oak trees and habitat. Having clear, objective enforcement remedies in the case of unpermitted work will benefit the City, its residents, and the violator.

In many cases, the violators are actually tree trimming service companies. Establishing a registration process where tree trimming companies can become certified by the City would be a good, relatively low-cost option to encourage compliance and dissuade bad actors. The City's Oak Tree Consultant could provide periodic trainings to applicants about City regulations and best practices, and revoke certifications for compliance issues.

Planning Principle # 3
Provide for clear and objective
enforcement remedies and flexible
replacement options. Explore options
to dissuade bad actors and
encourage compliance, particularly
with tree trimming companies,
potentially by establishing and
enforcing company registrations for
oak tree trimming.
4 Limited Space for Large
Oaks
There have been many instances where a property owner needs to remove an oak tree for legitimate reasons but has nowhere to plant the required mitigation trees on the property. Those owners have historically been required to contract with the Mountains Recreation and Conservation Authority (MRCA) to plant off-site mitigation trees or pay an in-lieu fee to the City based on the assessed value of the tree. These are expensive options and are sometimes not feasible for single-family homeowners.

Additionally, staff has been informed that MRCA may no longer be accepting mitigation trees. For these reasons, staff would like to pursue the creation of a mitigation bank on City-owned property or provide other options for mitigation through local planting partnerships and oak tree reimbursement programs that would provide free oak saplings or box trees to local homeowners, paid for by oak tree mitigation funds.

Planning Principle # 4
Explore alternative mitigation
strategies for instances where on-site
replacements are not feasible.

Examples may include the creation of
a mitigation bank on City-owned
property, establishing local planting
partnerships with non-profits or local
nurseries, or creating an oak tree
reimbursement program.
5 Unclear and Impractical
Requirements
The current oak tree regulations have some unclear compliance thresholds. For example, the current regulations limit oak tree impacts by requiring property owners or applicants to assess the estimated tree canopy/root structure removal for overall sites, as well as individual trees. The general limit is 10% canopy/root structure removal for the overall site and 20% crown/root structure removal for individual trees. To assess root structure removal, the City requires arborists to include percent Tree Protection Zone (TPZ) encroachment for individual trees and overall sites in their oak tree reports. However, TPZ encroachment and root structure removal are not the same thing. Furthermore, the regulations are unclear if the 10% - 20% limit is for canopy AND root structure, or canopy OR root structure, and they also do not specify what happens if a project surpasses impact limits. What happens if a project does surpass impact limits? This question has left the City in a position where staff must interpret the intent of the oak tree regulations on a case-by-case basis.

The Ordinance also contains some impractical thresholds. One example is that an Oak Tree Report prepared by certified arborist is required for simple pruning permits. Oak Tree Reports contain a lot of information, are very expensive, and could be required every 1-2 years in some instances. For a single-family homeowner, obtaining a permit could be cost prohibitive. In instances of general pruning, photographs of the tree with recommended cut locations or a field visit by the City's arborist could suffice rather than requiring the preparation of an oak tree report.

Planning Principle # 5
Create clear and objective
application requirements and
compliance thresholds for all types of
oak tree permit applications and
streamline the application process for
general pruning permits.
6 Other Tree Species
While it is not technically an “issue” with the current Ordinance, staff has received numerous inquiries from the public about why we only protect oak trees, and if we have considered protecting other types of trees that are native to the City. Dudek provided City staff with recommendations for other tree species to consider protecting based on several different factors. The native tree species and factors used to consider for inclusion in the Ordinance are below.

Native Tree Species Considered for Inclusion
• Madrone (arbutus menziesii)
• Southern California black walnut (juglans californica) • California sycamore (platanus racemosa)
• Fremont cottonwood (populus fremontii)
• Red willow (salix laevigata)
• Pacific willow (salix lasiandra)
• California bay laurel (umbellularia californica)
Factors Used for Recommendation
• Likelihood of impact from development
• Frequency in natural setting
• Frequency in urban landscape
• Ecological area
• Water usage
• Potential size at maturity
• Consistency with the City’s Climate Action Plan
Based on the above factors, staff only recommends that we consider the protection of two additional tree species; 1) the Southern California black walnut; and 2) the California sycamore.

Planning Principle # 6
Evaluate community interest in
protecting other types of trees within
the City, particularly the California
sycamore and the Southern California
black walnut. Include protections
and/or incentives for these species if
public opinion is favorable.
1 ORDINANCE NO. 25-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AGOURA

HILLS, CALIFORNIA, AMENDING THE AGOURA HILLS MUNICIPAL

CODE TO CONSOLIDATE ALL PROTECTED TREE REGULATIONS
INTO SECTION 9657 AND UPDATING THE CITY’S PROTECTED TREE

REGULATIONS TO STREAMLINE PERMIT PROCESSING, PRIORITIZE

THE RETENTION OF INDIVIDUAL TREES, INCENTIVIZE THE

PLANTING OF NEW PROTECTED TREES, AND TO INCLUDE THE

CALIFORNIA SYCAMORE AND SOUTHERN CALIFORNIA BLACK
WALNUT; AND MAKING A DETERMINATION OF EXEMPTION UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Agoura Hills lies in the County of Los Angeles in the Conejo Valley, the beauty of which is greatly enhanced by the presence of large numbers of native trees, including oak trees, California sycamores, and Southern California black walnut; WHEREAS, at one time, the area was almost completely covered by a forest of native trees; however, development of the City has resulted in the removal of a great number of these trees;
WHEREAS, the further, uncontrolled and indiscriminate destruction of these trees would detrimentally affect the safety and welfare of the citizens of Agoura Hills; WHEREAS, it is currently the policy of the City to require the preservation of all healthy oak trees unless compelling reasons justify the removal, cutting, pruning and/or encroachment into the protected zone of an oak tree;
WHEREAS, the protection and preservation of the California sycamore and Southern California black walnut, in addition to oak trees, would provide historical, aesthetic, and environmental value to the Citizens of Agoura Hills; WHEREAS, reducing the financial burden of protected trees through procedural improvements while maintaining removal protections and providing for planting incentives would broadly benefit property owners and the residents of the City by increasing longterm canopy coverage throughout the City and reducing the urban heat island effect.

NOW, THEREFORE, the City Council of the City of Agoura Hills, California, hereby ordains as follows:
2 Section 1. The facts set forth in the recitals of this Ordinance are true and correct.

Section 2. Consistency with the General Plan. This Ordinance is in keeping with the General Plan, specifically the Natural Resources Element and Goal NR-4, which calls for the protection and enhancement of open space resources, other natural areas, and significant wildlife and vegetation in the City as an integral component of a sustainable environment. The City currently protects oak trees, and the Ordinance will provide protections for two additional species of native trees, thereby protecting and enhancing vegetation in the City. The Ordinance provides specific incentives for the planting of new native trees, furthering General Plan Policy NR-4.10, which aims to plant new oak trees while maintaining and preserving existing trees. Streamlining permit applications aims to reduce regulatory pressures to further the ultimate goal of incentivizing tree planting and producing more native tree canopy area throughout the City.

Section 3. Zoning Code Amendment. Division 7 (Oak Tree Preservation Guidelines) of Part 2 (Special Regulations) of Chapter 6 (Regulatory Provisions) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby repealed and replaced with the following new language:
“DIVISION 7. – PROTECTED TREE PRESERVATION REGULATIONS
9657. – Protected tree preservation regulations; purpose.

The City lies in the County of Los Angeles in the Conejo Valley, the beauty of which is greatly enhanced by the presence of large numbers of majestic native trees. At one time, the area was almost completely covered by native forests; however, development of the City has resulted in the removal of a great number of these trees. Further uncontrolled and indiscriminate destruction of these trees would detrimentally affect the health and welfare of the citizens of Agoura Hills.

The purpose of these sections is to protect and preserve native trees in recognition of their historical, aesthetic, and environmental value to the citizens of Agoura Hills, present and future, and to provide regulatory measures designed to accomplish this purpose. 9657.1. – Protected tree policy.

It shall be the policy of the City of Agoura Hills to require the preservation of all Protected trees unless compelling reasons justify the removal or damage of such trees. 3 The Community Development Department shall have the primary and overall responsibility to administer, evaluate and monitor this policy. 9657.2. – Nonliability of City.

Nothing in these sections shall be deemed to impose any liability upon the City of Agoura Hills or upon any of its officers or employees, or agents, nor to relieve the owner and occupant of any private property from the duty to keep trees upon such property or under their control, in a safe condition.
9657.3. – Definitions.

For purposes of this Division, the following words, phrases, and terms shall be defined as set forth in this Section.

A. Damage. Any actions that cause physical harm to a tree, either willful or accidental, including but not limited to breaking or extreme pruning of branches, and injury to bark, trunk, or roots.

B. Dead Tree. A tree that does not contain any live tissue; i.e., green leaves or live limbs. Since valley oak (Quercus lobata) and California sycamore (Platanus racemosa) are deciduous trees and are dormant in the winter, their status must be confirmed by the City's Protected Tree Consultant before being declared dead.

C. Deadwood. Limbs or branches that contain no green leaves or live tissue.

D. Deadwooding. The process of pruning a tree of its deadwood.

E. Diameter at Standard Height (DSH). The measurement of a tree's trunk diameter taken at a standard height of 4.5 feet (54 inches) above ground level.

For trees with multiple stems, DSH shall be calculated using the sum of the squares method as defined by the American Society of Consulting Arborists.

F. Director. The Community Development Director or their designee.

G. Dripline. An imaginary line drawn upon the ground at the furthest extension of the crown around the circumference of the tree.

H. Effective Removal. Any action that results in the tree’s permanent disfigurement, destruction, or removal.
4 I. Encroachment. Any intrusion into the tree protection zone (TPZ) of a tree; including pruning, grading, excavating, trenching, installment of structures, driving vehicles, etc. (Refer to definition of "TPZ" in section II.R.) J. Hazardous. A hazardous tree shall mean any tree that poses an imminent risk or danger to person or property. The Director may determine that a tree is a hazard if the entirety of the tree, or any part of it: (1) appears dead, dangerous, or likely to fall, even after proper maintenance activities are performed to eliminate dead or dangerous parts; (2) obstructs or damages a street, sidewalk, or other existing structure; (3) harbors a serious disease or infestation threatening the health of other trees; (4) interferes with vehicular or pedestrian traffic; or (5) poses any other significant hazard or potential hazard, as determined by the Director; provided, however, that no feasible measures could be implemented to abate any such hazard.

K. Ground Plane Improvements. Improvements that do not significantly disturb the soil within the TPZ of a tree.

L. Landmark Tree. Any protected tree with a DSH that measures 48 inches or greater (Refer to definition of “protected tree”).

M. Lion Tailing. The improper pruning of excessive amounts of inner and lower branches, leaving foliage primarily at the ends of branches N. Protected Tree. All trees located within City boundaries of the species California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species with a DSH that measures 6 inches or greater are considered protected. All scrub oak species shall be protected regardless of size.

O. Protected Tree Consultant. An individual or firm with a degree or experience in arboriculture, including experience in monitoring and maintaining the health of trees. The Protected Tree Consultant must be an International Society of Arboriculture Certified Arborist, a Registered Consulting Arborist from the American Society of Consulting Arborists, or contain other equivalent certifications which would qualify them as a Protected Tree Consultant at the discretion of the City.

P. Protected Tree Permit. An entitlement from the City authorizing specific work to be performed on or near a protected tree.

Q. Protected Tree Report. A report prepared by a Protected Tree Consultant containing specific information on the location, condition, potential impacts of 5 development, recommended actions and mitigation measures regarding one (1) or more Protected trees on an individual lot or project site.

R. Pruning. Any and all cutting performed upon the roots or the limbs of a tree.

S. Removal. The physical removal of a tree or causing of the death of a tree through damaging, poisoning or other direct or indirect action. Trees approved for retention or relocation which subsequently die shall be considered as removals.

T. Routine Maintenance. Actions taken for the continued health of a tree, including but not limited to: pruning dead wood, insect spraying, and watering. Pruning branches smaller than three (3) inches in diameter that does not lead to crown loss over 20 percent (%) is considered routine maintenance. Topping, lion tailing, and any other practice that does not adhere to American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture (ISA) best management practices are prohibited under any circumstances.

U. Topping. The drastic and indiscriminate removal or cutting back of branches in a tree to reduce its size and shape.

V. Tree Protection Zone (TPZ). Using the dripline as a point of reference, the TPZ shall commence at a point five (5) feet outside of the dripline and extend inwards to the trunk of the tree. In no case shall the TPZ be less than fifteen (15) feet from the trunk of a tree.
9657.4. – Exemptions.

The provisions of this Division shall not apply to the following:

A. Small Trees: Trees on private property of the species California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species that are smaller than 6 inches DSH, excluding scrub oak species and trees planted for the purpose of City-required mitigation.

B. Emergencies: If upon a visual inspection, a protected tree is determined to be in a hazardous or dangerous condition, the City or any member of law enforcement or a law enforcement agency or the Los Angeles County Fire Department may order or allow the removal of a protected tree. Prior notice to the Community Development Department shall be provided, if possible.

Subsequent to the emergency action, written notification shall be provided to the Community Development Department describing the action taken and the 6 nature of the emergency. For the purposes of this provision, the City may consider a protected tree to be in a hazardous or dangerous condition if the continued existence of the tree in its present location would eventually lead to a hazardous or dangerous condition, even with reasonable mitigation efforts.

C. Routine Maintenance: As defined in Section 9657.3.

D. Nurseries Trees: Trees of the species California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species that are planted, grown and/or held for sale by licensed nurseries or the removal or transplanting of same pursuant to, and as a part of, the operation of a licensed nursery business. This exemption is limited to trees with main trunks under ten (10) inches DSH.

E. Active Fires: When removal is determined necessary by fire department personnel actively engaged in fighting a fire.

F. Registered Plantings: Any protected tree species that have been registered with the City pursuant to Section 9657.11.
9657.5. – Protected Tree Permit required.

Except as otherwise provided in Section 9657.4, no person shall remove or damage any protected tree unless a valid Protected Tree Permit has been issued by the Director or the Planning Commission pursuant to the provisions of this Division. 9657.6. – Protected Tree Permit types.

Three different types of Protected Tree Permits exist to regulate work that may remove or damage a protected tree. The type of Protected Tree Permit shall determine application material requirements and the permitting process.

A. General Tree Permit: Work within the TPZ of a protected tree that is not routine maintenance and will not jeopardize the long-term health of the tree, and tree removals that are not associated with development or emergencies. Most tree pruning work falls under a general tree permit.

B. Emergency Tree Permit: Situations in which a protected tree is considered hazardous and must be removed for safety purposes.

C. Development Tree Permit: New construction projects that will impact or have the potential to impact protected trees.
7 9657.7. – General Tree Permits.

Required materials, processing procedures, and other approval requirements for general tree permits are outlined below.

A. Application materials.

1. Application form. A completed Protected Tree Permit application form available on the City’s website or online permit platform.

2. Justification statement. A written statement by the applicant or their Protected Tree Consultant stating the justification for planned actions involving protected trees.

3. Photos. Photos of the tree(s) proposed to be pruned or removed showing the state of the tree and its general location relative to the property listed in the application form. For trees proposed to be pruned, the Photos shall provide a general depiction of proposed cuts to be made to the tree.

4. Fees. All required fees shall be paid prior to the acceptance of a general tree permit.

5. Site plan map. A site plan map is required for general tree permits impacting five (5) or more protected trees. Requirements for site plan maps shall be as listed in Section 9657.9.A.4.

6. Protected Tree Report. A Protected Tree Report is required for general tree permits involving five (5) or more protected trees. Requirements for Protected Tree Reports shall be as listed in Section 9657.9.A.5.

B. Application process. After the applicant has submitted all required materials, City staff and/or the City’s Protected Tree Consultant will review the application materials for accuracy and completion, and inspect the project site if necessary within 30 days of submittal.

1. For activities involving pruning only, a site inspection may not be required if the pruning is conducted by an individual or company on the City-endorsed tree care company list, however, photos of the completed work shall be provided to the City.

2. For activities involving pruning only, a site inspection shall be conducted by the City’s Protected Tree Consultant prior to permit issuance if the pruning activity is conducted by an individual or company that is not on the Cityendorsed tree care company list. Photos of the completed work shall be provided to the City.

3. For all other activities completed under a general tree permit, a site inspection may be required at the discretion of the City. 8 C. Required findings. After receiving all of the required information, a general tree permit application may be approved when at least one of the following findings can be made:

1. The long-term condition of the protected tree(s) will not be negatively affected by proposed work.

2. The protected tree(s) is dead or declining and cannot be controlled or mitigated through reasonable preservation measures.

3. The protected tree(s) conflict with existing infrastructure or will conflict with existing infrastructure in the near future, and no reasonable mitigation efforts can be taken to repair or prevent the damage and preserve the tree.

D. Mitigation. One 24-inch box of the same species shall be planted for protected trees removed pursuant to Section 9657.7.C.3. above. Mitigation shall not be required for all other general tree permits unless it is found that the death, removal, or damage of a protected tree was a result of actions that were taken in violation of this Division. In those instances, the responsible party shall pay twice the required fee of the general tree permit and shall mitigate for the death, removal, or damage of the protected tree(s) as specified in Section 9657.9.D, Tables 1 and 2.

E. Approval body. The Director has the authority to review and approve general tree permit applications.

F. Decision. Depending on whether the required criteria has been met, an application may be approved, conditionally approved, or denied. For general tree permits, the decision of the Director shall be final, and a decision shall be rendered within 30 days of determining the application is complete and accurate. Conditions on approval may include, but are not limited to, the following:

1. The planting of replacement trees on- or off-site;

2. Payment of a mitigation fee as established by City Council resolution;

3. A mitigation monitoring program to ensure the health and longevity of the protected tree(s).

4. Compliance with applicable local, state, or federal regulations.

G. Expiration. A general tree permit shall be valid for six (6) months after the date of approval.
9 9657.8. – Emergency Tree Permits.

Required materials, processing procedures, and other approval requirements for emergency tree permits are outlined below.

A. Application materials.

1. Application form. A completed Protected Tree Permit application form available on the City’s website or online permit platform;

2. Justification statement. A written statement by the applicant or their Protected Tree Consultant stating the justification for planned actions involving protected trees;

3. Photos. Photos of the tree(s) proposed to be removed showing the state of the tree and its general location relative to the property listed in the application form;

4. Fees. If confirmed by the City that the tree is dead or hazardous, application fees shall be waived;

5. Law enforcement agency removals. Where it is not possible or practical for a law enforcement agency to notify the City prior to removal, subsequent written notification shall be provided to the City describing the action taken and the nature of the emergency.

B. Application process. After the applicant has submitted all required materials, City staff and the City’s Protected Tree Consultant will review the application materials for accuracy and completeness and inspect the project site as necessary within 30 days of submittal. If the protected tree(s) are determined not to be in a hazardous or dangerous condition, the application may be elevated to a general tree permit or withdrawn.

C. Approval body. The Director has the authority to review and approve emergency tree permit applications.

D. Required findings. After receiving all of the required information, an emergency tree permit application may be approved if the following finding can be made:

1. The condition of the protected tree(s) is determined to be in a hazardous or dangerous condition and cannot be controlled or mitigated through reasonable preservation measures.

E. Mitigation. Mitigation shall not be required for emergency tree permits unless it is found that the death, removal, or damage of a protected tree was a result of actions that were taken in violation of this Division. In those instances, the responsible party shall pay twice the required fee of a general tree permit and 10 shall mitigate for the death, removal, or damage of the protected tree(s) as specified in Section 9657.9.D, Tables 1 and 2.

F. Decision. Depending on if the required criteria has been met, an application may be approved, conditionally approved, or denied. For emergency tree permits, the decision of the Director shall be final, and a decision shall be rendered within 30 days of determining that the application is complete and accurate. Conditions on approval may include, but are not limited to, the following:

1. The planting of replacement trees on- or off-site;

2. Payment of a mitigation fee as established by City Council resolution;

3. A mitigation monitoring program to ensure the health and longevity of the protected tree(s).
9657.9. - Development Tree Permits.

Required materials, processing procedures, and other approval requirements for development tree permits are outlined below.

A. Application materials:

1. Application form. A completed Protected Tree Permit application form available on the City’s website or online permit platform.

2. Justification statement. A written statement by the applicant or their Protected Tree Consultant stating the justification for planned actions involving protected trees.

3. Fees. Fee amounts for development tree permits are established by City Council resolution and are required to be paid prior to the acceptance of a development tree permit application.

4. Site Plan Map. Site plan maps prepared by the applicant’s Protected Tree Consultant are required for development tree permits. The site plan map must depict the trunk locations, crown spreads (as measured from trunk to edge of dripline to the compass directions of north, south, east, and west), and TPZs of all protected trees on the project site. Site plan maps must additionally depict all existing features and structures, as well as all proposed development activities including but not limited to demolition, grading, trenching, and construction. Site plan maps are valid for two (2) years after date of preparation. The date of protected tree data collection must be within one year of the date of preparation.
11 5. Protected Tree Report. Protected Tree Reports prepared by the applicant’s Protected Tree Consultant are required for development tree permits.

Protected Tree Reports are valid for two (2) years after date of preparation.

The date of protected tree data collection must be within one (1) year of the date of preparation. Protected Tree Reports must include the following information:
a. Description of the proposed project.
b. Total number of protected trees on the lot and within 25 feet of proposed work, including offsite trees.
c. Total number of protected trees proposed for removal, encroachment into the TPZ, and preservation without TPZ encroachment. The cumulative percentage of DSH removal for the site shall be provided. d. Discussion of tree protection measures during site development, including but not limited to protective fencing, arborist monitoring, and construction techniques within the TPZ (digging by hand). e. Tree Replacement Plan if applicable, including number of replacement trees, species, container sizes, and planting locations (see Section 9657.D for tree replacement requirements).
f. The following data for each protected tree:
(a) Species (botanical and common name).
(b) DSH.
(c) Tree height.
(d) Tree crown extent from the trunk to the edge of the dripline to the compass directions of north, south, east, and west.
(e) Health rating on a scale of A to F, including disclosure of any significant health conditions such as poor vigor, evidence of disease, or evidence of pests.
(f) Appearance rating on a scale of A to F, including disclosure of any significant physical structure conditions, such as overextended branches, unbalanced crown, broken branches, etc.
(g) Pictures of the tree in its entirety. Pictures of multiple trees are permissible when it is not feasible to take individual pictures of trees. (h) Discussion of anticipated impacts on the tree, including the following data:
i. Discussion of all proposed work within the TPZ, including pruning, paving, trenching, grading, filling, etc.
12 ii. Percent TPZ encroachment
iii. Percent crown removal, if applicable.
iv. Evaluation of anticipated impacts to the health of the tree. v. Square footage of removals for scrub oak species.

6. Tagging. Trees shall be affixed a tag and unique ID number on the north side of the tree at standard height.

B. Application process. After the applicant has submitted all required materials, City staff and the City’s Protected Tree Consultant will review the application materials for accuracy and completeness concurrently and in the same manner as the development application and inspect the project site as necessary.

C. Removal limits. All proposed protected tree removals should not exceed 10% of the total DSH of the protected trees on the lot. Scrub oak species shall not count towards the total DSH removal percentage. If the proposed project has the potential to impact off-site protected trees, those trees shall be included in the Protected Tree Report but shall not count towards the allowable removal limits unless they are proposed for removal.

1. If a project proposes to remove more than 10% of the total DSH of protected trees on a lot, additional mitigation shall be required as shown in Section 9657.9.D, Tables 1 and 2.

2. No project shall remove more than 20% of the total DSH of protected trees on a lot unless a variance is approved pursuant to Section 9676.2.C. This provision does not apply to lots containing less than five (5) protected trees.

3. A protected tree shall be considered effectively removed if proposed TPZ encroachment exceeds 20%, unless the City determines that it is unlikely the proposed activity would lead to the death of the protected tree. In these circumstances, a monitoring program shall be required to evaluate the health of the tree for up to 5 years following the completion of work. Ground plane improvements shall not count towards the 20% TPZ encroachment threshold. Effective removals shall require mitigation at the same ratio as any other removals.

4. Landmark trees shall not be removed unless a variance is approved pursuant to Section 9676.2.C.

5. All scrub oak removals shall not exceed 20% of the total square footage of scrub oaks on the lot unless a variance is approved pursuant to Section 9676.2.C. Additional mitigation shall be required if more than 10% of the total square footage of scrub oaks are removed, as shown in Section 9657.9.D, Table 1.
13 D. Mitigation requirements: For protected tree removals associated with development tree permits, the applicant shall provide replacement trees at the ratios outlined in Tables 1 and 2 below. In some cases, where it is not possible to obtain nursery grown trees in the sizes required, an equivalent number of smaller container trees shall be planted in an amount equal to the cost of the larger but unavailable trees. Unless approved by the City on the basis of maximizing total urban canopy, prioritizing on-site plantings, and reducing conflicts with required infrastructure, the applicant shall provide replacement trees of the same species for any protected tree approved by the City for removal. In cases where site conditions preclude a developer from planting the replacement trees on-site, the Director may approve other replacement options including off-site tree planting or an in-lieu fee established by City Council resolution.

Table 1: Scrub Oak Mitigation Requirements
Scrub Oak Species
Square Footage to be Removed Required Replacement Square Footage* Less than 10% of total scrub oaks Equal to square footage removed 10% - 20% of total scrub oaks One and one half (1.5) times the square footage removed
Greater than 20% of total scrub oaks Two times the square footage removed *Scrub oaks of the same species shall be planted to a five-foot on center spacing within the replacement area.

Table 2: Protected Tree Mitigation Requirements
All Other Protected Trees
DSH of Each Protected Tree to be
Removed
Required Quantity and Size of Replacement
Trees
Up to 10% Total DSH Removed
6 inches to 12 inches Two 24-inch box trees
12 inches to 24 inches Three 24-inch box trees
24 inches to 36 inches Four 24-inch box trees;
36 inches to 48 inches Five 24-inch box trees;
Above 48 inches Four 24-inch box trees; Two 60-inch box trees
10-20% Total DSH Removed
6 inches to 12 inches Two 36-inch box trees
12 inches to 24 inches Three 36-inch box trees
24 inches to 36 inches Four 36-inch box trees;
36 inches to 48 inches Five 36-inch box trees;
14 Above 48 inches Four 36-inch box trees; Two 60-inch box trees
Greater than 20% Total DSH Removed
6 inches to 12 inches Three 36-inch box trees
12 inches to 24 inches Four 36-inch box trees
24 inches to 36 inches Five 36-inch box trees;
36 inches to 48 inches Six 36-inch box trees;
Above 48 inches Five 36-inch box trees; Two 60-inch box trees
E. Monitoring requirements. On-site replacements and protected trees where TPZ encroachment exceeds 10 percent shall be monitored annually by the applicant for up to (5) years following the completion of construction activities.

1. Any replacement trees that die during the monitoring period shall be replaced at a 1:1 ratio.

2. Any protected tree that has died or significantly declined in health at the end of the monitoring period shall be replaced at the same ratio as required by Section 9657.9.D, Tables 1 and 2.

3. Monitoring reports shall be completed annually by the applicant’s Protected Tree Consultant and submitted to the Community Development Department. The monitoring report shall contain the following information for each tree that requires monitoring:
a. Photographs. A clear photograph of the tree shall be provided for each tree in the monitoring program. Pictures of multiple trees are permissible when it is not feasible to take individual pictures of trees. b. A brief summary describing the overall success of replacement plantings and/or the health of existing trees. A detailed explanation shall be provided for trees that have declined in health or appearance, and a recommendation shall be provided on whether or not those trees will need to be replaced. The City shall ultimately determine whether replacements are required.

4. Monitoring reports shall be required for at least five (5) years unless the City determines that they are no longer required based on the health of the trees and the extent of disturbance during or after construction.

F. Approval body. A development tree permit shall have the same approval body as the associated development activities, except that all development tree permits proposing to remove five (5) or more protected trees shall be referred to the Planning Commission.
15 G. Required findings. After receiving all of the required information, a development tree permit application may be approved when one of the following findings can be made:

1. That the removal or damage of any protected tree(s) proposed, if applicable, is necessary because the continued existence at present location(s) either; (1) prevents the planned improvement or proposed use of the subject property to such an extent that alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or (2) interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal or damage of the tree(s);

2. That the proposed work will, through thoughtful design planning and adequate tree protection, minimize damage to protected trees that are retained;

3. That any proposed removal or damage of the protected tree(s) will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated;

4. That the proposed development, as conditioned, meets all applicable removal limits and mitigation requirements.

H. Approval. Depending on if the required findings can be made, an application may be approved, conditionally approved, or denied. Conditions on approval may include, but are not limited to, the following:

1. The planting of replacement trees on- or off-site;

2. Payment of an in-lieu fee as established by City Council resolution;

3. A mitigation monitoring program to ensure the health and longevity of protected tree(s)
I. Appeals. The decision of the Director of Planning and Community Development may be appealed to the Planning Commission upon filing of the proper form and payment of appropriate fees. The decision of the Planning Commission may be appealed to the City Council and any decision by the City Council shall be final. All appeals must be made within twenty (15) calendar days of the decision to approve, deny, or conditionally approve the project. 9657.10. – Special Development Permits.

This section contains special requirements for specific types of development tree permit applications. Except as provided in this section, all other development tree permit 16 requirements in Section 9657.9 shall not apply to Affordable Housing Overlay (AHO) projects or Senate Bill 9 (SB 9) projects. A Protected Tree Permit shall be required for these projects if they involve activity within the TPZ of a protected tree, and the application shall be processed and approved concurrently and in the same manner as the development application.

A. AHO projects.

1. Application materials. All application materials required for development tree permits shall be provided as listed in Section 9657.9.A.

2. Mitigation requirements. If a project involves the removal of a protected tree, other than a landmark tree, one (1) 24-inch box replacement tree of the same species shall be planted on the site for each protected tree removed.

For scrub oak species, on-site replacement for removal shall be equal to the square footage of the area removed, with scrub oaks of the same species planted to a five-foot on center spacing within the replacement area. a. A protected tree shall be considered effectively removed if proposed TPZ encroachment exceeds 20%, unless the Protected Tree Consultant and the City determine that it is unlikely the proposed activity would lead to the death of the protected tree. In these circumstances, a monitoring program shall be required to evaluate the health of the tree for up to 5 years following the completion of work. Ground plane improvements shall not count towards the 20% TPZ encroachment threshold.

3. Removal limits. If a project involves the removal of up to ten (10) protected trees within the project site, not more than twenty-five (25) percent of the total DSH of all protected trees on that project site shall be removed. If the project involves the removal of eleven (11) or more protected trees within the project site, not more than thirty-five (35) percent of the total DSH of all protected trees on the project site shall be removed. Off-site trees that must be removed as a result of the project shall be considered on-site trees for the purpose of calculating total tree removals.

4. Hillside stabilization. For the purpose of providing natural stabilization of hillsides and preservation of native landscaping, a minimum of seventy-five (75) percent of all native trees on a slope steeper than fifty (50) percent shall be retained.

5. Landmark trees. The removal of a landmark tree is prohibited. If the City is compelled to allow the removal of a landmark tree due to any provisions of state law, no less than six (6) 24-inch box replacement trees shall be planted on the site.
17 6. Alternative mitigation options. If providing all required replacements on-site is not possible or feasible due to site constraints, the developer shall provide off-site replacements or pay an in-lieu fee as established by City Council resolution.

7. Monitoring requirements. On-site replacements and existing protected trees where TPZ encroachment exceeds 10 percent shall be monitored annually by the applicant’s Protected Tree Consultant for up to (5) years following the completion of construction activities.
a. Any replacement trees that die within the 5-year monitoring period shall be replaced with a 24-inch box tree of the same species. b. Any existing protected trees that have died or significantly declined in health at the end of the monitoring period as a result of development activities shall be replaced with a 24-inch box of the same species.

Landmark trees that die or significantly decline in health as a result of development activities shall be replaced with six (6) 24-inch box trees of the same species.
c. Monitoring reports shall be completed annually by the applicant’s Protected Tree Consultant and submitted to the Community Development Department for at least five years following the start of construction activities as described in Section 9657.9.E.3.

8. Conditions of approval. Standard tree protection measures shall be required as a condition of approval and implemented during site development, including but not limited to protective fencing, arborist monitoring, and construction techniques within the TPZ (digging by hand) as established by objective guidance posted on the City’s website.

B. SB 9 Projects.

1. Application materials. All application materials required for development tree permits shall be provided as listed in Section 9657.9.A.

2. Removal restrictions. protected trees may only be removed or damaged for an SB 9 project if the removal or damage is necessary because the continued existence at present location(s) either; (1) prevents the planned improvement or proposed use of the subject property to such an extent that alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or (2) interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the tree(s).
18 3. Mitigation requirements. If a project involves the removal of one or more protected tree(s), other than a landmark tree, the mitigation requirements for development tree permits shall be required as specified in Section 9657.9.D, Tables 1 & 2.

4. Removal Limits. No SB 9 project shall remove more than 20% of the total DSH of protected trees on a project site. This provision does not apply to lots containing less than five (5) protected trees. Off-site trees that must be removed as a result of the project shall be considered on-site trees for the purpose of calculating total tree removals.
a. A protected tree shall be considered effectively removed if proposed TPZ encroachment exceeds 20%, unless the Protected Tree Consultant and the City determine that it is unlikely the proposed activity would lead to the death of the protected tree. In these circumstances, a monitoring program shall be required to evaluate the health of the tree for up to 5 years following the completion of work. Ground plane improvements shall not count towards the 20% TPZ encroachment threshold.

5. Landmark trees. An SB 9 project shall not result in the removal of a landmark tree.

6. Alternative mitigation options. If providing all required replacements on-site is not possible or feasible due to site constraints, the applicant shall provide off-site replacements or pay an in-lieu fee as established by City Council resolution.

7. Monitoring requirements. All monitoring requirements for development tree permits as described in Section 9657.9.E shall apply to SB 9 projects.

In order to encourage the planting of as many native trees as possible within the City and to celebrate our landmark trees, incentives should be provided to property owners or businesses that plant new native trees or maintain landmark trees.

A. Tree grant program. The City may establish a tree grant program that provides free native trees to local property owners paid for through the protected tree mitigation fund.
19 B. Registered plantings. Any property owner that willingly plants new protected tree species on their property may register those trees with the City. Registered plantings on file with the City shall not be subject to the regulations of this Division. New developments may not register required plantings or replacement plantings.

C. Landmark tree plaques. The City may provide a free plaque to property owners that celebrate and maintain landmark trees.

D. Modifications and variances. The Director shall have the discretion to waive variance and modification fees for development projects that avoid impacts to protected trees, and as a result, do not meet established zoning criteria. 9657.12. – Company registration.

The City may establish a registration system by which individuals or companies that treat, prune, remove, or otherwise engage in tree care may be trained by the City to become City-endorsed individuals or companies. The purpose of this policy is to endorse tree care companies or individuals that abide by ANSI A300 standards and ISA best management practices, ensure the health and longevity of the City’s protected trees, and to streamline general tree permit and development tree permit applications. Training may be held annually and companies that attend may afterwards register with the City to be placed on the City-endorsed tree care company list, which is retained and distributed at City Hall and on the City’s website.
9657.13. – Protected tree mitigation fund.

The City may establish a protected tree mitigation fund to be used for the continued wellbeing of protected trees within the City. Funding may be sourced from in-lieu fees and restitution paid to the City for protected tree mitigation. In-lieu fee and restitution amounts shall be established by City Council resolution. Uses of the fund may include, but are not limited to, protected tree planting, maintenance and monitoring, and purchasing land for planting new native trees.
9657.14. – Penalties and enforcement for violation.

The City shall vigorously enforce the provisions of this Division. Violations of this Division shall be subject to the following procedures, notices and remedies:

A. Procedures and notices.
20 1. Stop work order. If any construction or work is being performed contrary to the provisions of this Division or the conditions of approval of a Protected Tree Permit, the City may issue a written notice to the responsible party to stop all work on the property where the violation has occurred. The notice shall state the specific code provisions that have caused a violation to exist and how it can be resolved. All construction or work on the property shall immediately stop upon issuance of the stop work order, and no work shall be allowed to continue until the violation has been resolved to the satisfaction of the City.

2. Compliance order. If it is confirmed that a violation of this Division or the conditions of approval of a Protected Tree Permit exists, a compliance order may be issued to the responsible party in accordance with Chapter 5 of Article 1 of the Agoura Hills Municipal Code.

3. Administrative citation. In the event that a violation has not been abated within the authorized correction period outlined in a compliance order, the City may issue an administrative citation in accordance with Chapter 5 of Article 1 of the Agoura Hills Municipal Code.

4. Lien. A lien may be recorded against the property if the responsible party fails to pay an administrative citation in accordance with Chapter 5 of Article 1 of the Agoura Hills Municipal Code.

B. Additional remedies. In addition to the procedures and notices outlined in Section 9657.14.A, violations of this Division shall be subject to the following remedies:

1. Increased permit fees. If a Protected Tree Permit is required to abate a violation, two times the normal fee shall be charged to compensate for code enforcement staff time.

2. Suspension of building permits. All building permits on the property shall be suspended until violations are abated to the satisfaction of the City.

3. Required mitigation. Mitigation trees in the size and amount specified by Section 9657.9.D, Tables 1 and 2 shall be planted on-site for protected trees that have been removed or effectively removed, at the determination of the City.
a. If the City determines that it is not possible or feasible to plant all required replacement trees on-site, those trees may be planted off-site in a location approved by the City or an in-lieu fee may be paid as established by City Council resolution.

4. Restitution. It has been determined that the protected trees within the City are valuable assets to the citizens of this community and to the citizens of 21 the County of Los Angeles. Particularly egregious or willful destruction of protected trees or repeat violators of this Division shall be subject to additional restitution in an amount established by City Council resolution to compensate the public for lost assets and environmental degradation.

Restitution funds shall be placed in a protected tree mitigation fund.

5. Violations by City-endorsed tree care companies. Any City-endorsed tree care company that commits a violation of this Division may be put on notice that their City-endorsed status will be revoked upon any repeat violation, or if it is found that the City-endorsed tree care company willfully violated the provisions of this Division.

Section 4. Zoning Code Amendment. Section 9525.9 (Oak Trees) of Part 3 (AH Affordable Housing Overlay District) of Chapter 5 (Overlay Districts) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby repealed and replaced with the following new language:
“9525.9. – Protected Trees.

Any project seeking approval under the AH overlay district and proposing activity within the tree protection zone of a protected tree shall require the review and approval of a Protected Tree Permit, subject to the applicable standards located in section 9657.10.”
Section 5. Zoning Code Amendment. Section 9293.4 (Development standards for all projects) of Part 11 (Senate Bill 9 Housing Development Standards) of Chapter 2 (Residential Land Use Districts) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in strikeout and new language shown in underline:
“All housing development applications submitted pursuant to this part shall comply with the following development standards:

A. Parking. Off-street parking of one (1) space per dwelling unit is required, except that no off-street parking spaces are required in either of the following instances:

1. The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
22 2. There is a car share vehicle located within one (1) block of the parcel.

B. Septic. For residential units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

C. Setbacks. Side and rear setbacks shall be a minimum of four (4) feet, except that no setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

D. Fencing. All fencing shall meet the requirements listed in section 9606.2. No fencing or other barriers shall be established that prevent public access to trails or trailheads.

E. Private streets. Developments may be served by private streets, provided that:

1. Unless prohibited by Government Code Section 66411.7(b)(3) as amended, an irrevocable offer to dedicate shall be made as a part of all development;

2. Evidence is provided that easements required for the provision of public services and facilities exist to provide adequate access to all development served from said private street;

3. Evidence is provided that adequate agreements exist to guarantee the ongoing maintenance of said private streets; and

4. The width of said private streets comply with the city's standards for public streets.

F. Accessory dwelling units. Accessory dwelling units shall not be permitted on parcels that have been created through an urban lot split or are proposed to be created through an urban lot split, and proposed housing developments containing no more than two (2) residential units pursuant to this part.

G. Utilities. All utilities shall be provided as required by chapter 6.

H. Right-of-way improvements. Unless prohibited by Government Code Section 66411.7(b)(3), all projects adjacent to a public street shall be designed and constructed to full public right-of-way improvements along the project frontages in accordance with the Committee of Public Works Standards, Inc.'s standard plans for public works construction and any applicable specific plans.

I. Drainage courses. No structures or parts of structures shall overhang, project, or protrude into any known drainage course.

1. Fences and other structures, culverts and bridges, and any other improvements which must be constructed within drainage courses, shall be designed to the requirements of the city to prevent an obstruction or division 23 of drainage flows and to minimize adverse effects to natural riparian vegetation and ecosystems.

J. Landscaping. All projects shall meet the following landscape standards:

1. Landscaping shall be provided in all front yard areas visible to the public from any adjacent rights-of-way that are not specifically used for parking, driveways, walkways, patios, gardens, or other recreational purposes.

Existing native vegetation or landscaping in front yard areas may be used to satisfy this standard.

2. All manufactured slopes or the face of cut-and-fill slopes shall be planted or otherwise protected from the effects of storm runoff and erosion, and such planting or protection must occur within thirty (30) days after completion of grading.

3. All new landscaping shall use at least fifty (50) percent native, droughttolerant species selected from those listed by the California Native Plant Society in the Calscape website specific to Agoura Hills.

4. No plants on the California Invasive Plant Council's list of invasive species may be used in the project landscaping.

5. Artificial turf is discouraged in landscape areas to reduce the urban heat island effect, fire danger, and environmental impacts including waste materials and microplastic pollution.

6. New required landscape areas shall provide at least five (5) different shrubs and groundcovers to provide foliage, texture, and color.

7. Palm trees are prohibited in new landscape areas.

8. Planted berms and slopes shall be no steeper than 2:1, and 3:1 is preferred to provide greater planting opportunities.

9. Landscape design shall conform to stormwater design and low impact development (LID) requirements.

10.Landscape plans shall meet the requirements of the Los Angeles Fire Department, Fuel Modification Unit for fire safety.

11.Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance (MWELO) shall conform to the requirements therein to achieve water efficient landscaping.

K. Oak tree report. The city's oak tree ordinance (section 9657 et seq.) shall not apply to a project seeking approval under this part, except for the following sections:

1. Section II. (Definitions) of appendix A of article IX. 24 2. Items D, E, F.2, and F.3 of section IV (oak tree permit) of appendix A of article IX.

3. Items A.3 and A.4 of section V (standards for performance of required work) of appendix A of article IX.

4. Item E (oak tree report) of section 9657.5 of the Agoura Hills Municipal Code.

L. Oak tree standards. A project seeking approval under this part shall comply with the following standards:

5. No more than ten (10) percent of the total estimated tree canopy or root structure of all protected oak trees on a property shall be removed.

6. Protected oak trees may only be removed, relocated, or altered if the removal, relocation, or alteration is necessary because the continued existence at their present location(s) prevents the proposed use of the subject property to such an extent that alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive.

7. If a project involves the removal of or encroachment greater than twenty (20) percent into the root zone or canopy zone of a protected oak tree that is 48 inches in diameter or less per the city's oak tree ordinance and guidelines (oak trees of the genus Quercus), one (1) 36-inch-box oak tree, two (2) 24-inch-box oak trees, and one (1) 15-gallon oak tree of the same species shall be planted on the site as mitigation for each oak tree removed or impacted. For scrub oak species protected per the city's oak tree ordinance and guidelines, on-site replacement for removal shall be equal to four (4) times the square footage of the area removed, with scrub oaks of the same species planted to a five-foot on center spacing within the replacement area.

8. The removal of or encroachment greater than twenty (20) percent into the root zone or canopy zone of a protected "landmark" oak tree (trees whose diameter exceeds forty-eight (48) inches) is prohibited.

9. For established oak trees, no planting, soil disturbance, or irrigation shall occur within a distance of six (6) feet or twenty-five (25) percent of the total canopy width from the trunk in any direction, whichever is greater. For newly planted oak trees, no planting shall occur within four (4) feet of the tree trunk.

K. Protected Trees. Any project seeking approval under this Part 11 (Senate Bill 9 Housing Development Standards) and proposing activity within the tree protection zone of a protected tree shall require the review and approval of a 25 Protected Tree Permit, subject to the applicable standards located in section 9657.10.

L. M. Lighting. All outdoor lighting shall be shielded and downward facing to avoid direct illumination of neighboring properties.

M. N. Rental term. A rental of any unit created pursuant to this part shall be for a term longer than thirty (30) days.

N. O. Connected structures. Adjacent or connected dwelling units shall be allowed provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.”
Section 6. Zoning Code Amendment. Appendix A (Oak Tree Preservation Guidelines) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby repealed in its entirety.

Section 7. Zoning Code Amendment. Subsection 9555.C.6 of Section 9555 (General Design Standards, Commercial/Residential) of Part 6 (OA Old Agoura Design Overlay District) of Chapter 5 (Overlay Districts) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in strikeout and new language shown in underline:
“6. To the greatest extent possible, the architectural design and location of the building shall discourage grading on a hillside. If grading is required, building shall be integrated into existing terrain such that grading is minimized, taking care to preserve the viewshed, natural ridgelines, and oak trees protected trees.”
Section 8. Zoning Code Amendment. Subsection 9545.1.4 of Section 9545.1 (Findings) of Part 5 (FC Freeway Corridor Overlay District) of Chapter 5 (Overlay Districts) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in strikeout and new language shown in underline:
“4. The site design works with the characteristics of the existing terrain and maximizes preservation of open space to the maximum extent feasible, taking into consideration more than just economic feasibility. The existing terrain and natural contours have been incorporated into the site plan design to maximum extent feasible, taking into consideration more than just economic feasibility.

Where features of special interest such as hillsides, streams, or oak trees protected trees exist on the project site, they have been integrated into the design. The planning commission has the discretion to 26 impose conditions as it may deem to be necessary to minimize and mitigate grading, the use of retaining walls, and the use of large flat pads.” Section 9. Zoning Code Amendment. Subsection 9654.2.B. of Section 9654.2 (General Standards) of Division 4 (Off-Street Parking, Loading, and Landscaping) of Part 2 (Special Regulations) of Chapter 6 (Regulatory Provisions) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in strikeout and new language shown in underline:
“B. Planter or landscaped areas. Where the standards set forth in this section or elsewhere in this Code require the installation of planters or landscaped areas within or adjacent to parking areas, such planters or landscaped areas shall be planted, irrigated and maintained with live landscaping such as lawn, ground cover, trees or shrubs, and surrounded by a six-inch-high curb. The landscaped areas shall not be less than the width specified excluding any perimeter curbing. Parking in the oak protected tree drip lines shall be discouraged and regulated by the provisions of section 9657 et seq..” Section 10. Agoura Hills Municipal Code Amendment. Subsection 7803(a) (Delegation of authority and responsibility) of Section 7803 (Authority and Power) of Chapter 8 (Community Tree Management) of Article VII (Streets) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in strikeout and new language shown in underline:
“7803. – Authority and power.

A. Delegation of authority and responsibility. The director shall have full authority and responsibility to regulate and conduct the planting, pruning, maintenance and removal of trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. With the exception of any protected tree, as defined in Section 9657.3. oak tree (as defined in Appendix A (Oak Tree Preservation Guidelines) of article IX of this code),this shall include the emergency removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease, on publicly owned properties.” Section 11. Agoura Hills Municipal Code Amendment. Section 7804 (Duties of Authorized Department) of Chapter 8 (Community Tree Management) of Article VII (Streets) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in strikeout and new language shown in underline:
27 “7804. – Duties of authorized department.

The city council hereby delegates tree care decisions, with the exception of decisions related to any protected tree, as defined in Section 9657.3.oak tree (as defined in Appendix A (Oak Tree Preservation Guidelines) of article IX of this code), to the public works department, hereinafter referred to as the "PW department." The director shall continue to make oak protected tree determinations consistent with section 9657 of this Code.”
Section 12. Zoning Code Amendment. Section 9120.4 of Part 3 (Definitions) of Chapter 1 (Introduction) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended with deleted language shown in strikeout and new language shown in underline:
“A. Damage, oak tree protected tree. "Damage" shall have the same meaning as defined in Section 9657.3. means any action undertaken which causes injury, death or disfigurement to an oak tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocating or transplanting a protected tree, or trenching, excavating or paving within the protected zone of a tree.

B. Day care for adults. "Day care for adults" means any state-licensed facility providing care or supervision on a less than twenty-four-hour per day basis for adults over eighteen (18) years of age.

C. Day care for children, small family day care home. A "small family day care home" means a single-family residence which regularly provides care, protection and supervision of a maximum of eight (8) children in the provider's own residence, including children under the age of ten (10) years who reside at the single-family residence, for periods of less than twenty-four (24) hours a day, consistent with regulations issued by the State of California.

D. Day care for children, large family day care home. A "large family day care home" means a single-family residence which regularly provides care, protection and supervision for seven (7) to fourteen (14) children, inclusive, in the provider's own residence including children under the age of ten (10) years who reside at the single-family residence, for periods of less than twenty-four (24) hours a day, consistent with regulations issued by the State of California.

E. Day nursery, children. "Day nursery, children" means any facility, institutional in character, providing nonresident day care and supervision for more than twelve (12) children under sixteen (16) years of age, as defined and licensed by the department of social welfare of the State of California. "Day nursery, children" includes all types of group day care programs including, but not limited to, day 28 nurseries, nursery schools for children under the minimum age for admission to public schools, parent-cooperative nursery schools, play groups for preschool children, and programs giving afterschool care to school age children.

F. Deadwood. "Deadwood" shall have the same meaning as defined in Section 9657.3. means limbs, branches or a portion of a tree that contains no green leaves during a period of the year when they should be present.

G. Density bonus. "Density bonus" means a density increase of not less than ten (10) percent nor more than fifty (50) percent over the otherwise allowable residential density as provided in this article.

H. Density, gross. "Gross density" means the total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rightsof-way, but including all streets or rights-of-way to be developed.

I. Density, net. "Net density" means the same as gross density except proposed streets and rights-of-way shall be excluded.

J. Development. "Development" shall mean the activity of preparing land and constructing buildings or other facilities and improvements in order to establish a land use. Development also shall mean a lot or parcel of land with the completed buildings, facilities, and other improvements thereon.

K. Director. "Director" means the director of planning and community development of the city or his duly authorized representative. "Director" also means the zoning administrator.

L. Drainage course, natural. "Natural drainage course" means an area bounded peripherally by a water parting and draining ultimately to a particular watercourse or body of water.

M. Drip line. "Drip line" shall have the same meaning as defined in Section 9657.3. means the imaginary line upon the ground traced by vertical lines extended to the ground from the furthest extensions of the canopy or leaf crown of a tree, so that the traced line continues around the circumference of the canopy.

N. Driveway. "Driveway" means a vehicular passageway for the exclusive use of the occupants of a property and their guests.

O. Duplex. "Duplex" means an attached permanent building containing two (2) dwelling units.

P. Dwelling group. "Dwelling group" means one (1) or more buildings, not more than two (2) stories in height, containing dwelling units and arranged around two (2) or three (3) sides of a court which opens onto a street, including singlefamily, duplex, and multiple-family dwellings. 29 Q. Dwelling, multiple-family. "Dwelling, multiple-family" means a permanent building containing three (3) or more dwelling units. For the purposes of the accessory dwelling unit regulations in section 9283, "dwelling, multifamily" means a permanent building with two (2) or more dwelling units, including a duplex, but not including a single-family home with an ADU or JADU.

R. Dwelling, single-family. "Single-family dwelling" means a permanent building containing one (1) dwelling unit.

S. Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.”
Section 13. Zoning Code Amendment. Subsection 9120.5.F of Part 3 (Definitions) of Chapter 1 (Introduction) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to revise the definition for “encroachment” with deleted language shown in strikeout and new language shown in underline:
“F. Encroachment. "Encroachment" shall have the same meaning as defined in Section 9657.3.means any intrusion or human activity into the protected zone of an oak tree, including but not limited to pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. Encroachment also means an intrusion into any required yard or right-of-way.”
Section 14. Zoning Code Amendment. Subsection 9120.15 (“O”) of Part 3 (Definitions) of Chapter 1 (Introduction) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to delete the definition for “oak tree preservation guidelines” with deleted language shown in strikeout and new language shown in underline:

A. Oak tree. "Oak tree” means valley oak (quercus lobata), coast live oak (Quercus agrifolia) or any other tree of the oak genus.

B. Oak tree preservation guidelines. "Oak tree preservation guidelines" means the policy established by the city council and the administrative procedures and rules established by the director of planning and community development for implementing this article.

B. C. Occupancy. "Occupancy" shall mean the purpose for which land or a structure is used or intended to be used. A change of occupancy does not include a mere change of owners, tenants or proprietors. 30 C. D. Office. The following types of uses are typical office functions: Agricultural, business and personal credit services; security and commodity brokers, dealers, exchanges, and services; employment services; insurance carriers, agents, brokers and services; real estate and related services; holding and investment companies; advertising services; consumer and mercantile credit reporting services; adjustment and collection services; direct mail advertising services; stenographic services and other duplicating and mailing services; news syndicate services; business and management consulting services; detective and protective services; motion picture distribution and services; physician and dental services; and office activities only of business organizations involved in manufacturing, wholesale and retail trade, transportation, communications and utilities.

D. E. Open space, developed. "Developed open space" means open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development.

E. F. Open space, natural. "Natural open space" means any parcel of land or water which is essentially unimproved and devoted to an open space use.

F. G.Outside display. "Outside display" means the placement of goods, equipment, merchandise or exhibits at a location visible to the public view, other than within a building.

G. H. Outside storage. "Outside storage" means the storage of goods, equipment or materials out side of a building for any purpose other than outside display.” Section 15. Zoning Code Amendment. Subsection 9120.16.Q (“P”) of Part 3 (Definitions) of Chapter 1 (Introduction) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to add a new definition for “protected tree” and deleting the definition of “protected zone” with deleted language shown in strikeout and new language shown in underline:
“Q. Protected tree. Protected tree shall have the same meaning as defined in Section 9657.3.

Protected zone. "Protected zone" means that area at the base of an oak tree formed by tracing an imaginary line five (5) feet outward from and around the circumference of the drip line, the protected zone being the area extending inward toward the trunk of the tree from the tracing line. The protected zone shall be a radius of at least fifteen (15) feet from the trunk of the tree.”
31 Section 16. Zoning Code Amendment. Subsection 9120.17.R (“J”) of Part 3 (Definitions) of Chapter 1 (Introduction) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to modify the definition for “routine maintenance” with deleted language shown in strikeout and new language shown in underline:
“J. Routine maintenance, oak tree. "Routine maintenance" means actions needed for the continued good health of an oak tree, including but is not limited to removal of deadwood, insect control, spraying and watering shall have the same meaning as defined in Section 9657.3.”.

Section 17. Zoning Code Amendment. Subsection 9120.19. (“T”) of Part 3 (Definitions) of Chapter 1 (Introduction) of Article IX (Zoning) of the Agoura Hills Municipal Code is hereby amended to add a new subsection 9120.19.I to add a definition for “tree protection zone”:
“I. Tree protection zone (TPZ). Tree protection zone shall have the same meaning as defined in Section 9657.3.”
Section 18. Agoura Hills Municipal Code Amendment. Subsection 10407.(s). of Section 10407 (Tentative Map Contents) of Chapter 4 (Tentative Map) of Article X (Subdivisions) of the Agoura Hills Municipal Code is hereby amended with deleted language shown in strikeout and new language shown in underline:
“(s) Number, location and size of all existing oak protected trees.” Section 19. California Environmental Quality Act (CEQA). This Ordinance is exempt pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of Natural Resources) because it is an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, and protection of the environment.

While the Ordinance allows for a relaxation of processing procedures for general tree permits, it will not result in a relaxation of mitigation requirements, and it will not result in a relaxation of standards leading to environmental degradation. This Ordinance protects two additional native tree species, and mitigation requirements for the removal of protected trees are generally increasing, particularly for removals of large trees and heritage trees that provide the most value to the environment. New incentives are also being provided to promote the enhancement and restoration of the City’s native trees.

Section 20. Severability Clause. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person 32 or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 21. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

Section 22. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

PASSED, APPROVED, AND ADOPTED this __ day of __________, 2025, by the following vote to wit.

AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
_____________________________________
Penny Sylvester, Mayor
ATTEST:
___________________________________
Kimberly M. Rodrigues, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Candice K. Lee, City Attorney

REPORT TO LAND USE / ECONOMIC DEVELOPMENT SUBCOMMITTEE
DATE: SEPTEMBER 29, 2025
TO: HONORABLE MEMBERS OF THE LAND USE / ECONOMIC DEVELOPMENT SUBCOMMITTEE FROM: NATHAN HAMBURGER, CITY MANAGER
BY: LUKAS QUACH, BUILDING OFFICIAL
SUBJECT: ADOPTION OF 2025 BUILDING STANDARDS CODE BRIEFING BACKGROUND – TRIENNIAL CODE ADOPTION PROCESS
The California Building Standards Code (Title 24, California Code of Regulations) is updated on a three-year cycle through the California Building Standards Commission (CBSC). Each cycle incorporates new national model codes (International Building Code, International Residential Code, etc.), as well as California amendments proposed by state agencies.
• Adoption Timeline: The 2025 code cycle was adopted by the CBSC in July 2025 and will take effect statewide on January 1, 2026.
• Local Role: Cities and counties are required to adopt and enforce the updated codes. Local jurisdictions may amend provisions if findings are made based on local climatic, geological, or topographical conditions.

AB 130 – MORATORIUM ON RESIDENTIAL LOCAL AMENDMENTS
The recently enacted Assembly Bill (AB) 130 imposes restrictions on the ability of local governments to make changes to residential building standards, applicable to both newly constructed and existing dwellings.

Prohibition: Cities are prohibited from implementing local amendments to residential standards unless the amendments meet specific exceptions as detailed below.

Impact on Agoura Hills: The city staff are not permitted to propose or enforce local modifications to the 2025 California Building Standards Code or its related provisions for residential buildings, except as allowed under AB 130. Amendments to the residential code can be made if they satisfy one of the following conditions:

1. The changes or modifications are substantially equivalent to those previously filed by the city's governing body and were effective as of September 30, 2025.

2. The commission considers these changes or modifications necessary as emergency standards to safeguard health and safety.

3. The changes or modifications pertain to home hardening measures.

4. The building standards relate to home hardening and are proposed for adoption by a local fire prevention district in accordance with Section 13869.7.

5. Changes or modifications are essential to implement a local code amendment that aligns with a general plan approved on or before June 10, 2025, permitting mixed-fuel residential construction consistent with federal law, while also promoting all-electric construction as part of a strategy to reduce greenhouse gas emissions.

6. The changes or modifications are related to administrative practices, proposed for adoption during the interim period in accordance with Section 18942, and exclusively result in any of the following:

Reductions in the time required for a local agency to issue a post-entitlement permit.

Alterations to a local agency’s post-entitlement fee structure.

Modernization of, or the adoption of, new permitting platforms and software utilized by the local agency.

Reductions in the cost of internal operations for a local agency.

Establishment, alteration, or removal of local programs related to the enforcement of, or complaints about, building code violations.

SUMMARY OF SOME SIGNIFICANT 2025 CODE CHANGES
The 2025 Code cycle introduces several significant updates that affect both residential and non-residential construction:

The Wildland–Urban Interface (WUI) has been adopted as Part 7 of Title 24. It integrates the new Fire Hazard Severity Zone (FHSZ) maps and expands Chapter 7A requirements for construction within these zones, emphasizing the use of ignition-resistant materials and the coordination of defensible space.

Electric Vehicle (EV) Infrastructure: CALGreen (Part 11) increases the number of required EV-ready spaces for both residential and non-residential projects, aligning with state electrification goals. The previous focus on making spaces "EV Capable" is gone. The 2025 code replaces it with mandates to install actual Level 2 EV chargers and receptacle outlets now. The requirements are more stringent and complex, shifting from simple parking space percentages to dwelling-unit-based formulas.

Multifamily: If there is more than one parking space per dwelling unit, at least one charging receptacle per unit is required. If less than one parking space per unit is provide, all spaces must have charging facilities.

Hotel/Motel: 40% of parking spaces must have charging receptacles, and 25% must have chargers.

Energy Code (Part 6): There are enhanced efficiency standards concerning envelope performance, electrification readiness, and photovoltaic plus battery storage requirements in certain occupancies.

Newly constructed residential buildings are mandated to utilize electric heat pumps for space and water heating.

Existing buildings are required to replace outdated rooftop HVAC units with high-efficiency systems, which include heat pumps.

Commercial kitchens and certain multifamily buildings must be electric-ready. This requirement ensures the capability to support electric cooking and water heating systems.

Structural & Seismic Updates: The incorporation of ASCE 7 seismic design maps, wind speed revisions, and updated load combinations are included. The code now streamlines compliance by replacing many prescriptive local rules with direct references to national standards like ASCE 7-16 (for structural loads) and TMS 402 (for masonry).

Accessibility & Housing: There are clarifications to Chapter 11A and 11B provisions concerning multifamily housing accessibility.

PROPOSED LOCAL AMENDMENTS

1. Carry forward the majority of the amendments from the 2022 Code cycle.

2. With the State's adoption of the 2025 Wildland–Urban Interface (WUI) Code, staff will transfer the amendments previously made in Chapter 7A of the California Building Code (CBC) and Section 337 of the California Residential Code (CRC) to the amendments in the WUI Code. This includes:

Mandating the use of ignition-resistant building materials and construction methods for new constructions, additions, alterations, and repairs of structures within the City.

3. Removing the Reach Code as the All-Electric Provision is unenforceable due to the Berkeley Decision. The following actions are proposed with the amendments:

Retain the electric vehicle (EV) provisions from the Reach Code for single-family and dual-residence homes, requiring them to be EV Ready.

For Multifamily and Hotel/Motel buildings, the new 2025 base Code EV requirements exceed the current Reach Code. AB130 prohibits any new amendments to increase EV requirements beyond this level for Multifamily, and since Hotel/Motel is grouped in the same code section as Multifamily, no new amendments are proposed.

For Non-Residential EV requirements, staff proposes adopting a local Tier 1 level EV requirement as highlighted below. This will raise minimum sustainability standards for non-residential projects, aligning with the City Council’s Climate Action and Adaptation Plan (CAAP) and sustainability goals while avoiding conflicts with AB 130. A simplified comparison of the three codes includes:

Reach Code Requirements: Approximately 30% of spaces must be EV capable, with 33% EV Charging Stations (EVCS).
2025 Calgreen Mandatory: Approximately 20% of spaces must be EV capable, with 75% EVCS for Office and Retail (50% for others).
2025 Calgreen Tier 1 EV: Approximately 30% of spaces must be EV capable, with 75% EVCS for Office and Retail (50% for others).

4. Appendix J – Grading Requirements:

A clarification is proposed to ensure that grading permits are mandatory for any earthwork that exceeds 50 cubic yards. This amendment aims to ensure uniformity in the review of plans and their enforcement. It also reduces ambiguity for applicants, thereby facilitating and streamlining the permitting process.

LA COUNTY AMENDMENT
The Los Angeles County Fire Department is currently engaged in drafting comprehensive District-wide amendments to the California Fire Code. Additionally, they are working on developing amendments to the new California Wildland-Urban Interface Code. These efforts are expected to be completed after the City’s adoption timeline. Consequently, the City will need to adopt both the Los Angeles County Fire Code and the Los Angeles County Wildland-Urban Interface Code once they have been officially adopted by the County.

Attachments
Draft2_AH-ordinance-2025 CBSC.pdf
ORDINANCE NO. 25-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AGOURA
HILLS, CALIFORNIA, ADOPTING BY REFERENCE THE 2025 EDITION

OF THE CALIFORNIA BUILDING STANDARDS CODE COMPRISED OF
THE 2025 EDITIONS OF THE ADMINISTRATIVE, BUILDING,

RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY,

WILDLAND-URBAN INTERFACE, HISTORICAL BUILDING, FIRE,

EXISTING BUILDING, GREEN BUILDING STANDARDS, AND
REFERENCED STANDARDS CODES, AND THE 2024 EDITION OF THE

INTERNATIONAL PROPERTY MAINTENANCE CODE, AMENDING
ARTICLES III and VIII OF THE AGOURA HILLS MUNICIPAL CODE, AND

APPROVING A CEQA EXEMPTION DETERMINATION
WHEREAS, it is the desire and intent of the City Council of the Agoura Hills to provide citizens with the greatest degree of structural, fire and life safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of Agoura Hills; and
WHEREAS, the City Council has determined that the provisions of the California Building Standards Code shall be adopted as modified, changed, and amended, as provided for in this ordinance, based upon the specific findings, and that said Council takes said action in order to more fully preserve and protect the public health, safety, welfare, and property.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AGOURA HILLS HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Sections 3100 and 3101 of Chapter 1 (Fire Prevention) of Article III (Public Safety) of the Agoura Hills Municipal Code are hereby amended to read as follows:
“3100. Adoption of California Fire Code, 2025 Edition.

Pursuant to California Government Code §§ 50022.1 to 50022.8, the California Fire Code (“CFC”), 2025 Edition, published as Title 24, Part 9, of the California Code of Regulations, is adopted by reference, subject to the amendments, additions, and deletions set forth below.

One true copy of the CFC is on file in the office of the Building Official and is available for public inspection as required by law.
3101. Modifications to the 2025 California Fire Code.
a) Section 101.1 is amended to read as follows:

Ordinance No. 25-xxx

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101.1 Title. These regulations shall be known as the Fire Code of the City of Agoura Hills, hereinafter referred to as “this code”.
b) Section 103.1 is amended to read as follows:
103.1 General. The office of fire prevention is established within the jurisdiction under the direction of the fire code official for the implementation, administration and enforcement of the provisions of this code
Exception: For the enforcement of the sprinkler systems for one- or two-family dwellings and the townhouses, the Building Official or the Fire Official, at the discretion of the City Manager, shall be the responsible authority having jurisdiction.
c) Section 903.2.8 is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

Exceptions:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over). When not used in accordance with area or height increases for automatic fire sprinklers allowed in the California Building Ordinance No. 25-xxx

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Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. d) Section 903.2.11 is amended to read as follows:
903.2.11 - Specific buildings areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.7. e) Section 903.2.11.7 is added to read as follows:
903.2.11.7 Where Required. An automatic fire sprinkler system shall be installed in every occupancy which is newly constructed or which is modified, reconstructed, or remodeled by adding 50 percent or more of the floor area of the existing occupancy, within any 12-month period, within the City of Agoura Hills.

Exceptions:

1. Detached private garages, sheds, and agricultural buildings less than 1,000 square feet in area and separated from other structures by a minimum of six feet, are exempt from the fire sprinkler requirement.

2. Detached gazebos, pergolas, and carports open on two or more sides, that are separated from other structures by a minimum of six feet are exempt from the fire sprinkler requirement.

3. Detached U occupancies, separated from other structures by a minimum of six feet, built entirely out of non-combustible materials, and with no combustible storage, are exempt from the fire sprinkler requirement.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the entire floor area within the building footprint, including attached garage area shall be considered.

An automatic fire sprinkler system need not be installed in spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies.

Ordinance No. 25-xxx

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SECTION 2. Chapters 1 (Administration) and 2 (Construction Codes) are hereby amended in Article VIII (Building Regulations) of the Agoura Hills Municipal Code to read as follows:
“Chapter 1 ADMINISTRATION
8100. Adoption of codes.
8101. Building Official designated.
8102. Administration of adopted codes.
8103. Violations and Penalties
Chapter 2 CONSTRUCTION CODES
8200. Reserved.
8201. California Administrative Code
8202. California Building Code with local amendments.
8202.5. California Residential Code with local amendments. 8203. California Electrical Code with local amendments. 8204. California Mechanical Code with local amendments. 8205. California Plumbing Code with local amendments.
8206. California Energy Code with local amendments.
8207. California Wildland-Urban Interface Code with local amendments. 8208. California Historical Building Code with local amendments. 8209. Reserved.
8210. California Existing Building Code with local amendments. 8211. California Green Building Standards Code with local amendments. 8212. California Referenced Standards Code with local amendments. 8213. Reserved.
8214. Reserved.
8215. Reserved.
8216 Expedited Review of Small Residential Rooftop Solar Energy System Permits.
8217 Expedited Review of Electric Vehicle Charging Station Permits 8218. Reserved.
8219. Reserved.

Chapter 1—ADMINISTRATION
8100. Adoption of Codes.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height and area of buildings and structures in the City, the 2025 editions of the California Administrative Code, Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Wildland-Urban Interface, Historical Building Code, Fire Code, Green Building Standards Code, Existing Building Code, and Referenced Ordinance No. 25-xxx

Page 5 ends

Standards Code, collectively comprising the California Building Standards Code, are hereby adopted by reference, with certain amendments, as the Building Regulations of the City of Agoura Hills. For the purpose of prescribing regulations for grading and excavations, Appendix “J” of the California Building Code with amendments is adopted and will continue to be enforced.
8101. Building Official designated.

The Building Official is hereby designated as the authority charged with the administration and enforcement of Article VIII of the Agoura Hills Municipal Code with the exception of Appendix “J” of the California Building Code, which will be enforced by the Director of Public Works or his/her designee. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the Building Official.
8102. Administration of adopted codes.

Except as specified in this Article, the administration and enforcement of Article VIII shall be in accordance with the Administration Chapters of the California Building Code and California Residential Code as adopted in Section 8100 and amended in Section 8201, Section 8202, and Section 8202.5.
8103. Violations and Penalties.

In addition to any other applicable provision of this Article VIII, any person, firm, partnership, association, corporation or joint venture violating any of the provisions of Article VIII shall be guilty of a misdemeanor.

Chapter 2—CONSTRUCTION CODES
8200. Reserved.
8201. California Administrative Code adopted.

The 2025 Edition of the California Administrative Code, published by the International Code Council, and all amendments, supplements and errata thereto, is hereby adopted by reference and shall be applicable to the City of Agoura Hills, and referred to as the “Administrative Code of the City of Agoura Hills.” One copy of the California Administrative Code of the City of Agoura Hills shall be kept on file in the Building Official’s office for public inspection. 8202. California Building Code Adopted with Local Amendments A. Adoption of California Building Code, 2025 Edition.

Ordinance No. 25-xxx

Page 6 ends

Pursuant to California Government Code Section 50022.2, the California Building Code, 2025 Edition, published as Title 24, Part 2, of the California Code of Regulations, including Appendix Q (Emergency Housing), and Appendix J (Grading) and all supplements and errata thereto (collectively “CBC”), is adopted by reference, subject to the amendments, additions and deletions set forth below.

One true copy of the CBC is on file in the office of the Building Official and is available for public inspection as required by law.

B. Amendments to the 2025 California Building Code.
a) The second paragraph of Section 1.8.8.1 is amended to read as follows:

The City Council shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. b) Section 1.8.8.4 is added to read as follows:

1.8.8.4 Limitation of Authority. The Local Appeals Board and the Housing Appeals Board shall not have jurisdiction to consider, decide or rule on whether persons are responsible or not responsible for violations and public nuisances of the Agoura Hills Municipal Code, as well as on actions that are required by the City of responsible persons to correct or otherwise abate violations and/or public nuisances.

This limitation of authority shall also apply to any board that is established by the 2025 Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Fire, Existing Building, and Green Building Standards Codes, as adopted by the City. c) Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Building Code of the City of Agoura Hills, hereinafter referred to as “this code”.
d) Section 101.4.5 is amended to read as follows:
101.4.5. Fire Prevention. The provisions of the Los Angeles County Fire Code as amended and adopted by the City of Agoura Hills shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or device; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. e) Section 103.3 is amended to read as follows:

Ordinance No. 25-xxx

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103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy Building Official, related technical officers, inspectors, plan examiners, and other employees. Such employees shall have powers as delegated by the Building Official.
f) Section 105.1 is amended to read as follows:
105.1 Required. All persons who intend to construct, enlarge, alter, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, component or device, the installation of which is regulated by the Technical Codes in Article VIII of the Agoura Hills Municipal Code, shall first make written application to the Building Official and obtain each required permit. Parking lots shall not be paved, improved, striped, or restriped unless a separate permit for each parking lot has first been obtained from the Building Official.

No person shall undertake or cause grading to occur on land without the prior procurement of a grading permit unless such grading is exempt from a permit as provided for in Section J103.2 of Appendix J.

Whenever any work or installation or grading has been commenced without a permit in violation of this section, a Stop Work Order shall immediately be issued by the Building Official and a special investigation to identify the nature and extent of the unpermitted work or installation shall be made. Based on the findings of the investigation, conditions may be given to the violator to correct any unpermitted conditions to the satisfaction of the Building Official and/or the City Engineer prior to the issuance of the permit and to continue work. An investigation fee shall be paid in addition to customary fees for each permit which the work had started prior to, or at the time of, the issuance of a permit or permits. Failure to pay a special investigation fee in full constitutes cause to deny the issuance of a permit or permits. The investigation fee shall be as specified by resolution of the City Council.

The payment of the investigation fee shall not exempt any person from compliance with all other provisions of the Agoura Hills Municipal Code, or from any penalty prescribed by law for failing to obtain each required permit. g) Section 105.2, under Building - items 1 through 13 are amended, and items 14 through 18 are added; under Electrical - items 4 and 5 are added, and a new category titled Grading is added, to read as follows:

Building:

1. One-story detached accessory structures used as tool and storage sheds, shade structures, playhouses or similar uses that are accessory to detached one and two-family dwellings, and similar uses, provided the floor area does Ordinance No. 25-xxx

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not exceed 120 square feet and are not more than 14 feet in height above adjacent grade. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences, other than swimming pool barriers or other than masonry or concrete, not over 6 feet high, measured from finished grade immediately adjacent to the fence, to top of the finished fence.

3. Oil derricks.

4. Retaining walls or masonry/concrete fence wall, less than 2 feet in height measured from grade immediately adjacent to the wall to the top of the wall, and not supporting a surcharge.

5. Water tanks supported directly on grade if the capacity is not greater than 5000 gallons and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks, driveways, platforms and walkways associated with one and twofamily dwellings, not more than 30 inches above grade at any point and not located over any basement or story below, nor supporting any structure above and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery structures that are erected and maintained for a specific period of time in connection with a filming permit that is issued pursuant to Article VI, Chapter 6 of the Agoura Hills Municipal Code. Electrical installations (including the use of generators) and gas installations for sets and structures require a permit before they occur.

9. Prefabricated swimming pool accessory to a Group R-3 Occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10.Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11.Swings and other playground equipment accessory to detached one- and two-family dwellings.

12.Window awnings supported by an exterior wall in group R-3 and U occupancies, that are less than 12 square feet of shade cover and do not project more than 48 inches from exterior wall and do not require additional support.

Ordinance No. 25-xxx

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13.Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

14.Detached one-story shade covers for animals when the covers are not over 12 feet in height above adjacent grade, not more than 400 feet of roof area and open on 3 sides minimum.

15.Readily removable plastic-covered hoop structures, with a maximum 12 feet in height, with no in-ground footings or foundation.

16.Replacement of residential exterior door when the door frame is not removed.

17.Replacement of kitchen appliance with similar appliance in same location.

This exception does not apply if the work includes opening the walls or replacing or altering the plumbing or electrical systems.

18.Flagpoles that are 20 feet or less in height above finish grade when fully extended.

Electrical:

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

4. Removal of abandoned electrical wiring and conduits. “Abandoned” means such wiring and conduits that are not energized.

5. Low-voltage electric wiring/system (under 25 volt or 50 watts).

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

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Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

Grading:

1. All grading that is exempt from a permit shall be pursuant to Section J103.2 of Appendix “J” of this code or other reference codes accepted by the Building Official.
h) Section 105.3.2 is amended to read as follows:
105.3.2 Time Limitation of Application. Unless extended or reinstated as provided herein, an application for permit is deemed abandoned if an applicant has not satisfied all requirements for a permit for proposed work or actions within twelve (12) months of tender of an application to the Building and Safety Division. The Building Official is authorized to grant one or more extensions of time for additional periods not exceeding ninety (90) days each to complete all requirements for a permit. An Ordinance No. 25-xxx

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applicant seeking an initial extension shall tender a request to the Building Official prior to the date the application is deemed abandoned. In order to be eligible for any further extensions, an applicant shall tender a subsequent request or requests to the Building Official before a prior extension period expires. Each extension request shall be requested in writing and justifiable cause demonstrated, as determined by the Building Official.

When an application has been deemed abandoned, a permit shall not be issued prior to the application being reinstated or a new application tendered with new fees paid.

Requests to reinstate an application that has been deemed abandoned shall be submitted to the Building Official, in writing, demonstrating justifiable cause and are subject to the approval of the Building Official. If approved by the Building Official, the fee shall be one half (1/2) of the amount of the original plan review fee, provided that the period of time following the Building Official’s date of determination of abandonment of the original application has not exceeded six (6) months, no changes have been made or will be made in the original submittal and the construction codes under which the original application was submitted are the same as the current construction codes in effect. To reinstate a application when the period of time following the Building Official’s date of determination of abandonment of the original application has exceeded six (6) months; or changes have been made or will be made in the original submittal; or current construction codes are different from those construction codes under which the original application was submitted, the permittee shall be required to pay a new full permit fee and that person shall comply with all construction codes in effect on the date of the new permit application. i) Section 105.3.2.1 is added to read as follows:
105.3.2.1 Time limitation of application in connection with an unpermitted structure. Unless extended or reinstated as provided herein, an application for a permit is deemed abandoned if an applicant has not satisfied all requirements for a permit in connection with an unpermitted structure as defined in Section 111.1.1 of this code within ninety (90) calendar days of tender of an application therefor to the Building and Safety Division. The Building Official is authorized to grant one or more extensions of time for additional periods not exceeding thirty (30) days each to complete all requirements for a permit. An applicant seeking an initial extension shall tender a request to the Building Official prior to the date the application is deemed abandoned. In order to be eligible for any further extensions, an applicant shall tender a subsequent request or requests to the Building Official before a prior extension period expires. Each extension request shall be requested in writing and justifiable cause demonstrated, as determined by the Building Official. j) Section 105.5 is amended to read as follows:
105.5 Expiration of permit. Unless extended or reinstated as provided herein, every permit issued, except those under Subsection 105.5.2, shall be deemed suspended or abandoned and shall automatically expire and become null and void unless the Ordinance No. 25-xxx

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permittee completes at least twenty percent (20%) of the total work or actions authorized by a permit (as determined by the Building Official) for Group R-3 Occupancies, and at least ten percent (10%) of the total work or actions authorized by a permit (as determined by the Building Official) for all other occupancies, and the permittee obtains a successful inspection from the Building Official within the first twelve (12) months from the permit’s issuance date. An issued permit shall also be deemed suspended or abandoned and shall automatically expire and become null and void if the permittee does not complete at least an additional twenty percent (20%) of the total work or actions authorized by a permit (as determined by the Building Official) for Group R-3 Occupancies, and at least an additional ten percent (10%) of the total work or actions authorized by a permit (as determined by the Building Official) for all other occupancies, and the permittee obtains a subsequent successful inspection within twelve (12) months from a prior successful inspection. A successful inspection is defined as an inspection that is required by Section 110 of Chapter 1, Division II of the 2025 California Building Code (as adopted by Section 8100 of the Agoura Hills Municipal Code), during which the Building Official or a designee thereof determined that the inspected work or actions met all applicable minimum code requirements and he/she approved and documented that work as successful.

Notwithstanding prior timely successful inspections, a permit shall automatically expire and become null and void if the permittee does not obtain a final inspection approval from a building inspector for completion of all work or actions authorized by a permit as follows: (i) within three (3) years from the date of issuance of a permit having a valuation of less than $250,000.00; (ii) within four (4) years from the date of issuance of a permit having a valuation of between $250,000.00 and $1,000,000.00; and, (iii) within five (5) years from the date of issuance of a permit having a valuation of more than $1,000,000.00.

The Building Official may grant one (1) extension of a permit for a period not exceeding one hundred eighty (180) days, provided he/she receives a written request stating justifiable cause, prior to the expiration date of a permit. The Building Official may deny the request for a permit extension if her/she determines that justifiable cause was not shown in the request.

When a permit that was issued pursuant to Section 105.1 has expired, work shall not recommence prior to obtaining a new permit, which shall be subject to Section 105.5.2 of this code. Requests to reinstate an expired permit shall be submitted to the Building Official, in writing, demonstrating justifiable cause and are subject to the approval of the Building Official. If approved by the Building Official, the fee shall be one half (1/2) of the amount of the original permit fee, provided that the expiration period of the original permit has not exceeded six (6) months, no changes have been made or will be made in the original approved plans and specifications, and the construction codes under which the original permit was issued are the same as the current construction codes in effect. To reinstate a permit when the expiration period of the original permit has exceeded six (6) months; or changes have been made or will be made in the original approved plans and specifications; or current construction codes are different from those construction codes under which the original permit was issued the Ordinance No. 25-xxx

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permittee shall be required to pay a new full permit fee and that person shall comply with all construction codes in effect on the date of the new permit application. k) Section 105.5.1 is amended to read as follows:
105.5.1 Expiration. Every permit issued before January 1, 2019 that did not automatically expire and become null and void by December 31, 2025 pursuant to the code then in effect shall be deemed abandoned and shall automatically expire and be null and void if the permittee does not thereafter obtain a subsequent successful inspection within 180 days from a prior successful inspection. A successful inspection is defined as an inspection that is required by Section 110 of Chapter 1, Division II of the 2025 California Building Code (as adopted by Section 8100 of the Agoura Hills Municipal Code), during which the Building Official or a designee thereof determined that the inspected work or actions met all applicable minimum code requirements and he/she approved and documented that work as successful. The Building Official may grant one extension of a permit subject to this subsection for a period not exceeding 180 days, provided he/she receives a written request stating justifiable case, prior to the expiration date of the permit. The Building Official may deny the request for a permit extension if her/she determines that justifiable cause was not shown in the request.

When a permit subject to this subsection has expired, work shall not recommence prior to obtaining a new permit, which shall be subject to Section 105.5.2 of this code.

Payment of a full permit fee is required.
l) Section 105.5.2 is added to read as follows:
105.5.2 Expiration of permit in connection with an unpermitted structure.

Notwithstanding Section 105.5 or any other provision of this code to the contrary, if a permit is issued in order to bring an unpermitted structure (as defined in Section 111.1.1 of this code) or other unlawful condition into compliance with any applicable law, or ordinance, such permit shall automatically expire and become null and void ninety (90) calendar days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the Building Official prior to the expiration date of the original permit.
m) Section 105.6 is amended to read as follows:
105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code or other relevant laws, ordinances, rules, or regulations, wherever and whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulations or any of the provisions of this code.

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The Building Official may also withhold inspections or approvals or suspend or revoke permit, where work is being performed in violation of approved plans, conditions of approval or permit, or applicable laws, and/or where work is being done not in accordance with the direction of the Building Official or this code.

The Building Official is authorized to suspend or revoke a permit if he/she, or a designee thereof, determines work is occurring in connection therewith between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday and any time on Federal Holidays, which results in violations of the noise regulations located in Article 9, Chapter 6, Part 2, Division 6 of the Agoura Hills Municipal Code, and the permittee has not received prior written permission from the city manager to create such noise at that time.

The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code if dust is generated in excess of local, state or federal standards or conditions of project approval.
n) Section 105.7 is amended to read as follows:
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until completion of the project. Required permits and approved plans shall be maintained in good condition and be posted or otherwise made available at job site such as to allow the Building Official to conveniently make the required review, inspection and entries related to the project.
o) Section 105.8 is added to read as follows:
105.8 Responsibility of permittee. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. Building permits shall be presumed by the City to incorporate all of the work that the applicant, the applicant's agent, employees and/or contractors shall carry out. Said proposed work shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No city approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.
p) Section 105.9 is added to read as follows:
105.9 Transferability. No permit issued pursuant to Article VIII of the Agoura Hills Municipal Code shall be transferable to any other person or apply to any location other than that stated in the permit, unless justifiable cause is demonstrated to the satisfaction of the Building Official and approved in writing q) Section 109.4 is amended to read as follows:

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109.4 Work commencing before permit issuance. Any person who commences any work for which a permit is required by this code before obtaining the necessary permits shall be subject to a special investigation by the Building Official before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required for such work by this code, or as identified in the latest fees adopted by the City Council of the City of Agoura Hills.
r) Section 109.5.1 is added to read as follows:
109.5.1 Re-inspection Fee. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections previously called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record permit card is not posted or otherwise available on the work site, the approved plans are not readily available for the inspector, for failure to provide access on the date for which the inspection is requested, or for deviation from the plans requiring the approval of the Building Official. Where re-inspection fees have been assessed, no additional inspection of the work shall be performed until the required fees identified by the latest fees adopted by the City of Agoura Hills have been paid. s) Section 109.6.1 is added to read as follows:
109.6.1 Refund Policy. The plan review fee for any project that has been reviewed will not be refunded since the review has been conducted already. When a project has been reviewed, approved and a permit has been issued, but no work or inspections has taken place and a refund is requested, the City will refund 80% of the original permit fee for which no work or inspection has been performed. There will be no refund given if the project has commenced and inspection taken place. The Building Official makes the final determination whether a refund is due for a specific project. t) Section 109.7 is added to read as follows:
109.7 Plan review fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing authority.

The plan review fees specified in this section are in addition to and separate fees from the permit fees specified in Section 109.2.

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Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing authority.

When submittal documents are for a project involving production housing (track home), the plan review fee shall be based on full plan review for the first model home/unit and 20% of the fee for any reproduction of that model home/unit. If the model home/unit and the reproduction units are not the same size and configuration, which would require a plan review, a full plan review fee or additional fee may apply, as determined by the Building Official.
u) Section 110.1.1 is added to read as follows:
110.1.1 Setback and height certification. When determined by the Building Official, a survey and certification may be required to confirm that the building or structure is placed on the site in accordance with the approved location and setback distances and to confirm that it does not exceed the approved building height shown on the approved plans.
v) Section 110.3.4.2 is added to read as follows:
110.3.4.2 Roof sheathing and shear inspection. Prior to a complete framing inspection, a roof sheathing and shear inspection shall be made after roof sheathing and all structural shear panels or walls are in place and secured by nailing or other approved methods.
w) Exception for Section 110.3.6 is deleted
x) Section 111.1.1 is added to read as follows:
111.1.1 Unpermitted Structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, “unpermitted structure” shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped with regulated devices, fixtures or installations, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official, or with a valid permit as issued by the Building Official which subsequently expired and became null and void. An unpermitted structure also includes one for which a building permit has been suspended or revoked.
y) Section 111.2 is amended to read as follows:

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111.2 Certificate issued. After the Building Official or his/her designee inspects the building or structure and finds no violation of the provisions of this code or other laws that are enforced by the city, the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or the owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3 of the California Building Code.

9. The type of construction as defined in Chapter 6 of the California Building Code.

10.The designed occupant load.

11.Where an automatic sprinkler system is provided, whether the sprinkler system is required

12.Any special stipulations and conditions of the building permit.

13.Assessor’s Parcel Number.

14.Zoning designation.

15.The date of certificate issuance.
z) Section 111.3 is amended to read as follows:
111.3 Temporary Certificate of Occupancy (TCO) The Building Official may, in writing, authorize temporary occupancy of any building or structure, or portion thereof, that lacks a permanent certificate of occupancy for any reason, provided patent conditions in open and accessible portions of the building or structure do not reveal a substantial hazard to an occupant or occupants.

Applications for a temporary certificate of occupancy shall be on a city-approved form.

Such applications shall be accompanied by a fee to process the application and for the inspection of the building or structure to determine its suitability for a temporary certificate of occupancy. Such fees shall be established by the City Council by resolution.

A temporary certificate of occupancy is valid for a period of time to be specified by the Building Official in the certificate. The city attorney may require applicants for a temporary certificate of occupancy to execute an indemnification, as approved by the city attorney, in favor of the city and its employees as a prerequisite to receiving a temporary certificate of occupancy.

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The Building Official may extend the period of a temporary certificate of occupancy in writing, as well as impose conditions thereto. Property owners shall acknowledge and agree to said conditions in writing. The breach of any condition thereof shall render a temporary certificate of occupancy null and void without further action by the city. In such event, the owners shall cause all use and occupancy of the building or structure to be terminated by a date required by the Building Official. Use or occupancy of a building or structure, or allowing the use or occupancy of a building or structure, with an expired a temporary certificate of occupancy is a violation of this code and unlawful.

Failing to cause the termination of all uses and occupancy in a structure after a termination date is a violation of this code and unlawful. The boards established by Section 1.8.8 do not have jurisdiction to consider, decide or rule decisions pertaining to the issuance, expiration or nullification of a temporary certificate of occupancy, or with regard to any other matter relating thereto.

The Building Official is authorized to adopt regulations or procedures, such as requiring security deposit or bond, for implementation of this section. aa)Section 111.4 is amended to read as follows:
111.4 Revocation. The Building Official may, in writing, suspend or revoke a certificate of occupancy whenever the Building Official determines that the certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of this code, or other relevant laws, ordinances, rules and/or regulations. Use or occupancy of a building or structure, or allowing the use or occupancy of a building or structure, with a suspended or revoked certificate of occupancy is a violation of this code and unlawful. The boards established by Section

1.8.8 do not have jurisdiction to consider, decide or rule pertaining to the issuance, suspension or revocation of a certificate of occupancy, or with regard to any other matter relating thereto.
bb)Section 112.3 is amended and subsections 112.3.1, 112.3.2, and 112.3.3 are added to read as follows:
112.3 Authority to Disconnect Service Utilities. The powers granted the Building Official pursuant to this subsection extend to all buildings, structures or systems (including electrical, plumbing and mechanical) that are regulated by this code and its references. This subsection supersedes all similar provisions in other codes that are part of Article VIII of the Agoura Hills Municipal Code. 112.3.1 Authority to Disconnect Electric Utility. The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or to wiring, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health and/or property, or where they lack permits and required inspection approvals.

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The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of electric utility service as a means of preventing, restraining, correcting or abating any violation of this code, or other relevant laws, ordinances, rules or regulations.

The electrical service shall remain disconnected or electrical utility service shall remain discontinued until the code violation has been abated to the satisfaction of the Building Official, or until the installation of such wiring, devices or materials have been made safe as directed by the Building Official; or until a permit has been issued and the work has been inspected and approved by the Building Official.
112.3.2 Authority to Disconnect Gas Utility. The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of gas utility service to buildings, structures or premises, or portions thereof, or to appliances, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health and/or property, or where they lack permits and required inspection approvals.

The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of gas utility service as a means of preventing, restraining, correcting or abating any violation of this code, or other relevant laws, ordinances, rules or regulations.

The gas service shall remain disconnected or gas utility service shall remain discontinued until the code violation has been abated to the satisfaction of the Building Official, or until the installation of such appliances, devices or materials have been made safe as directed by the Building Official; or until a permit has been issued and the work has been inspected and approved by the Building Official.
112.3.3 Authority to Disconnect Water Utility. The Building Official is hereby empowered to disconnect or to require the property owner to disconnect the water utility service to buildings, structures or premises, or portions thereof, or to fixtures, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health, property or to the environment, or where they lack permits and required inspection approvals.

The Building Official is hereby empowered to disconnect or to require the property owner to disconnect the water utility service as a means of preventing, restraining, correcting or abating any violation of this code, or other relevant laws, ordinances, rules or regulations.

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The water service shall remain disconnected or water utility service shall remain discontinued until the code violation has been abated to the satisfaction of the Building Official, or until the installation of such appliances, devices or materials have been made safe as directed by the Building Official; or until a permit has been issued and the work has been inspected and approved by the Building Official.
cc) Section 113 is deleted in its entirety.
dd)Sections 114.1 is amended to read as follows:
114.1 Unlawful Acts. It is unlawful for any property owner and/or other responsible person to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building or structure, as well as any regulated equipment, system or installation, or cause same to be done, in conflict with this code. It is unlawful for any for any property owner and/or other responsible person to conduct or maintain, whether due to action or inaction, any building or structure, as well as any regulated equipment, system or installation in violation of this code. It is unlawful for any property owner and/or other responsible person to conduct or maintain grading on land that occurred without a permit.
ee)Section 114.4 is amended to read as follows:
114.4 Violation Penalties. Any person who violates, or who maintains a violation of this Code or who fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or who fails to comply with a directive or order of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law as follows:
(a) Any person, firm, partnership, association, corporation or joint venture violating any of the provisions of the California Building Standards Code or other code(s) adopted in Article VIII of the Agoura Municipal Code shall be guilty of a misdemeanor. Any person violating a stop work order issued pursuant to Section 115.1 of this chapter shall be guilty of a misdemeanor. Any person who continues to occupy or any person who enters a structure that has been posted "unsafe" by the Building Official pursuant to Section 116 of this chapter shall be guilty of a misdemeanor.
(b) Each day that person, firm, association, corporation or joint venture violates any of the provisions of the California Building Standards Code or other code(s) adopted in Article VIII of the Agoura Municipal Code is a separate offense and shall be punishable thereof as provided in the Agoura Hills Municipal Code. ff) Section 115.1 is amended to read as follows:

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115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code, or without a permit, or dangerous, or unsafe, the Building Official is authorized to issue a stop work order.
gg) Section 116.1 is amended to read as follows:
116.1 Unsafe Conditions. Any building, structure or equipment that has any or all of the conditions hereinafter described shall constitute an unsafe or dangerous building or structure:
(a) Structural inadequacies, damage, deficiencies, defects or deterioration, as well as nearby hazardous embankments or excavations, that could cause a building or structure to partially or completely collapse or fail.
(b) Electrical, plumbing or mechanical work or installations, which because of a defect in materials or installation, or due to some other faulty operating or other condition, pose a risk of explosion or fire.
(c) Unsanitary or unhealthful conditions that are present in a building or structure. (d) All forms of construction, as well as electrical, plumbing or mechanical work, systems, fixtures, appliances or other installations for which all required permits and inspection approvals have not been obtained from the Building Official. (e) Occupancy or use for which a building or structure was not designed or intended, or that results in a change in the occupancy classification thereof. (f) Inadequate egress from a building or structure.
(g) A vacant building or structure that is not secured against unauthorized entry. (h) Any condition that violates any regulation in Article VIII of the Agoura Hills Municipal Code.

Any or all of the foregoing conditions endanger the health, safety or welfare of occupants, persons who may enter the premises, or the public. Unsafe structures shall be taken down and removed or made safe
hh)Section 116.3.1 is added to read as follows:

Section 116.3.1 Orders to Vacate. Notwithstanding any other provision of this code, if the Building Official or a designee thereof, determines a condition is present in a building or structure or on premises that constitutes an immediate danger or hazard to the health, safety or welfare of occupants or to the public, the Building Official may order persons to vacate buildings, structures, premises, or portions Ordinance No. 25-xxx

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thereof. Such orders may include orders to not re-enter, as well authorize limited entry subject to written conditions. Conditions may include, but not be limited to, requiring buildings, structures, and premises to be secured from entry or access by means that are acceptable to the Building Official. Orders shall advise persons of their appeal rights as discussed in this subsection.

For non-owner occupied properties, the issuance date of an order is the date an order to the owner and any occupant(s), or a copy thereof, are deposited in a U.S. Postal Service mail container and posted on the premises. Failure of any person to receive an order shall not affect its validity, or the appeal period. When identifying a mailing address for an owner, the Building Official shall consider such information as shown in Los Angeles County Assessor records.

Orders issued pursuant to this subsection, and any conditions thereof, are appealable by a property owner or occupant on a City-approved form that must be received by the City Clerk’s Office within ten days of an order’s issuance. Appellants shall state all grounds for their appeal in said form. Failure to tender an appeal in a timely manner constitutes a waiver of the right to appeal, in which case an order is final.

If a timely appeal is made, the Building & Safety Department shall provide ten days advance written notice to the appealing party or parties of the date, time and place of the hearing. A timely appeal does not stay an order, or any conditions thereof. Failure of any person to receive a notice of hearing shall not affect its validity.

Timely appeals shall be heard by the housing or local appeals board, as applicable.

Appeal hearings are informal and rules of evidence do not apply. Failure of an appellant or appellants to appear at a hearing constitutes a waiver of the right to appeal, in which case the order is final. The housing or local appeals board, as applicable shall, within ten days following the hearing, issue a written decision upholding, modifying, or reversing the order or conditions thereof, notice of which shall be sent to the appellant(s) by first class mail. Such decisions are not appealable. The notice of decision shall contain the following statement: “The [Housing Appeals Board/Local Appeals Board] decision is final, and judicial review of this decision is subject to the provisions and time limits set forth in Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.”
Orders may be accompanied by, or combined with, Stop Work Order or Notices of Violations (which are not appealable). Orders shall be rescinded in writing when the Building Official determines that the immediate danger or hazard has been fully corrected or abated with all permits, approvals and inspections as required by the Agoura Hills Municipal Code.

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ii) Sections 116.4 and 116.5 are deleted.
jj) Section 116.6 is added to read as follows:

Section 116.6 Violations. It is unlawful and a public nuisance for any person to maintain an unsafe or dangerous building or structure. Each and every day that a building or structure is maintained in an unsafe or dangerous condition is a new violation of this code. It is a violation of this code and unlawful for any person to fail to comply with an order to vacate, as well as all conditions thereof. Each such violation shall be a misdemeanor.
ll) Section 903.2.11.7 is added to read as follows:
903.2.11.7 Where Required. An automatic fire sprinkler system shall be installed in every occupancy which is newly constructed or which is modified, reconstructed, or remodeled by adding 50 percent or more of the floor area of the existing occupancy, within any 12-month period, within the City of Agoura Hills.

Exceptions:

4. Detached private garages, sheds, and agricultural buildings less than 1,000 square feet in area and separated from other structures by a minimum of six feet, are exempt from the fire sprinkler requirement.

5. Detached gazebos, pergolas, and carports open on two or more sides, that are separated from other structures by a minimum of six feet are exempt from the fire sprinkler requirement.

6. Detached U occupancies, separated from other structures by a minimum of six feet, built entirely out of non-combustible materials, and with no combustible storage, are exempt from the fire sprinkler requirement.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the entire floor area within the building footprint, including attached garage area shall be considered.

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kk) Section 1613.8 is added to read as follows:
1613.8 Seismic design provisions for hillside buildings. 1613.8.1 Purpose. The purpose of this section is to establish minimum regulations for the design and construction of new buildings and additions to existing buildings when constructing such buildings on or into slopes steeper than one unit vertical in three units horizontal (33.3%). These regulations establish minimum standards for seismic force resistance to reduce the risk of injury or loss of life in the event of earthquakes.
1613.8.2 Scope. The provisions of this section shall apply to the design of the lateral-force-resisting system for hillside buildings at and below the base level diaphragm. The design of the lateral-force-resisting system above the base level diaphragm shall be in accordance with the provisions for seismic and wind design as required elsewhere in this division.

Exception: Non-habitable accessory buildings and decks not supporting or supported from the main building are exempt from these regulations. 1613.8.3 Definitions. For the purposes of this section certain terms are defined as follows:

BASE LEVEL DIAPHRAGM is the floor at, or closest to, the top of the highest level of the foundation.

DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the adjacent foundation at the uphill diaphragm edge.

DOWNHILL DIRECTION is the descending direction of the slope approximately perpendicular to the slope contours.

FOUNDATION is concrete or masonry which supports a building, including footings, stem walls, retaining walls, and grade beams.

FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a
foundation running downhill and approximately perpendicular to the uphill foundation.

HILLSIDE BUILDING is any building or portion thereof constructed on or into a slope steeper than one unit vertical in three units horizontal (33.3%).

If only a portion of the building is supported on or into the slope, these regulations apply to the entire building.

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PRIMARY ANCHORS are diaphragm anchors designed for and providing a direct connection as described in Sections 1613.8.5 and 1613.8.7.3 between the diaphragm and the uphill foundation.

SECONDARY ANCHORS are diaphragm anchors designed for and providing a redundant diaphragm to foundation connection, as described in Sections 1613.8.6 and 1613.8.7.4.

UPHILL DIAPHRAGM EDGE is the edge of the diaphragm adjacent and closest to the highest ground level at the perimeter of the diaphragm.

UPHILL FOUNDATION is the foundation parallel and closest to the uphill diaphragm edge.
1613.8.4 Analysis and design.
1613.8.4.1 General. Every hillside building within the scope of this section shall be analyzed, designed, and constructed in accordance with the provisions of this division. When the code-prescribed wind design produces greater effects, the wind design shall govern, but detailing requirements and limitations prescribed in this and referenced sections shall be followed. 1613.8.4.2 Base level diaphragm-downhill direction. The following provisions shall apply to the seismic analysis and design of the connections for the base level diaphragm in the downhill direction. 1613.8.4.2.1 Base for lateral force design defined. For seismic forces acting in the downhill direction, the base of the building shall be the floor at or closest to the top of the highest level of the foundation. 1613.8.4.2.2 Base shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems. The total base shear shall include the forces tributary to the base level diaphragm including forces from the base level diaphragm.
1613.8.5 Base shear resistance-primary anchors.
1613.8.5.1 General. The base shear in the downhill direction shall be resisted through primary anchors from diaphragm struts provided in the base level diaphragm to the foundation.
1613.8.5.2 Location of primary anchors. A primary anchor and diaphragm strut shall be provided in line with each foundation extending in the downhill direction. Primary anchors and diaphragm struts shall also be provided where interior vertical lateral-force-resisting elements occur above Ordinance No. 25-xxx

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and in contact with the base level diaphragm. The spacing of primary anchors and diaphragm struts or collectors shall in no case exceed 30 feet (9144 mm).
1613.8.5.3 Design of primary anchors and diaphragm struts. Primary anchors and diaphragm struts shall be designed in accordance with the requirements of Section 1613.8.8.
1613.8.5.4 Limitations. The following lateral-force-resisting elements shall not be designed to resist seismic forces below the base level diaphragm in the downhill direction:

1. Wood structural panel wall sheathing,

2. Cement plaster and lath,

3. Gypsum wallboard, and

4. Tension only braced frames.

Braced frames designed in accordance with the requirements of Section 2205.2.1.2 may be used to transfer forces from the primary anchors and diaphragm struts to the foundation provided lateral forces do not induce flexural stresses in any member of the frame or in the diaphragm struts. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.
1613.8.6 Base shear resistance-secondary anchors.
1613.8.6.1 General. In addition to the primary anchors required by Section 1613.8.5, the base shear in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in the base level diaphragm.

Exception: Secondary anchors are not required where foundations extending in the downhill direction spaced at not more than 30 feet (9144 mm) on center extend up to and are directly connected to the base level diaphragm for at least 70% of the diaphragm depth. 1613.8.6.2 Secondary anchor capacity and spacing. Secondary anchors at the base level diaphragm shall be designed for a minimum force equal to the base shear, including forces tributary to the base level diaphragm, but not less than 600 pounds per lineal foot (8.76 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.
1613.8.6.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.8.8.

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1613.8.7 Diaphragms below the base level-downhill direction. The following provisions shall apply to the lateral analysis and design of the connections for all diaphragms below the base level diaphragm in the downhill direction. 1613.8.7.1 Diaphragm defined. Every floor level below the base level diaphragm shall be designed as a diaphragm.
1613.8.7.2 Design force. Each diaphragm below the base level diaphragm shall be designed for all tributary loads at that level using a minimum seismic force factor not less than the base shear coefficient. 1613.8.7.3 Design force resistance-primary anchors. The design force described in Section 1613.8.7.2 shall be resisted through primary anchors from diaphragm struts provided in each diaphragm to the foundation.

Primary anchors shall be provided and designed in accordance with the requirements and limitations of Section 1613.8.5.
1613.8.7.4 Design force resistance-secondary anchors.
1613.8.7.4.1 General. In addition to the primary anchors required in Section 1613.8.7.3, the design force in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in each diaphragm below the base level.

Exception: Secondary anchors are not required where
foundations extending in the downhill direction, spaced at not more than 30 feet (9144 mm) on center, extend up to and are directly connected to each diaphragm below the base level for at least 70% of the diaphragm depth.
1613.8.7.4.2 Secondary anchor capacity. Secondary anchors at each diaphragm below the base level diaphragm shall be designed for a minimum force equal to the design force but not less than 300 pounds per lineal foot (4.38 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.
1613.8.7.4.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.8.8.
1613.8.8 Primary and secondary anchorage and diaphragm strut design. Primary and secondary anchors and diaphragm struts shall be designed in accordance with the following provisions:

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1. Fasteners. All bolted fasteners used to develop connections to wood members shall be provided with square plate washers at all bolt heads and nuts. Washers shall be minimum 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Nuts shall be tightened to finger tight plus one-half (1/2) wrench turn prior to covering the framing.

2. Fastening. The diaphragm to foundation anchorage shall not be accomplished by the use of toenailing, nails subject to withdrawal, or wood in cross-grain bending or cross-grain tension.

3. Size of Wood Members. Wood diaphragm struts collectors, and other wood members connected to primary anchors shall not be less than 3 inch (76 mm) nominal width. The effects of eccentricity on wood members shall be evaluated as required per Item 9.

4. Design. Primary and secondary anchorage, including diaphragm struts, splices, and collectors shall be designed for 125% of the tributary force.

5. Allowable Stress Increase. The one-third allowable stress increase permitted under Section 1605.3.2 shall not be taken when the working (allowable) stress design method is used.

6. Steel Element of Structural Wall Anchorage System. The strength design forces for steel elements of the structural wall anchorage system, with the exception of anchor bolts and reinforcing steel, shall be increased by 1.4 times the forces otherwise required.

7. Primary Anchors. The load path for primary anchors and diaphragm struts shall be fully developed into the diaphragm and into the foundation. The foundation must be shown to be adequate to resist the concentrated loads from the primary anchors.

8. Secondary Anchors. The load path for secondary anchors and diaphragm struts shall be fully developed in the diaphragm but need not be developed beyond the connection to the foundation.

9. Symmetry. All lateral force foundation anchorage and diaphragm strut connections shall be symmetrical. Eccentric connections may be permitted when demonstrated by calculation or tests that all components of force have been provided for in the structural analysis or tests.

10.Wood Ledgers. Wood ledgers shall not be used to resist cross-grain bending or cross-grain tension.
1613.8.9 Lateral-force-resisting elements normal to the downhill direction.

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1613.8.9.1 General. In the direction normal to the downhill direction, lateral-forceresisting elements shall be designed in accordance with the requirements of this section.
1613.8.9.2 Base shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems.
1613.8.9.3 Vertical distribution of seismic forces. For seismic forces acting normal to the downhill direction the distribution of seismic forces over the height of the building using Section 12.8.3 of ASCE 7 shall be determined using the height measured from the top of the lowest level of the building foundation. 1613.8.9.4 Drift limitations. The story drift below the base level diaphragm shall not exceed 0.007 times the story height at strength design force level. The total drift from the base level diaphragm to the top of the foundation shall not exceed 3/4 inch (19 mm). Where the story height or the height from the base level diaphragm to the top of the foundation varies because of a stepped footing or story offset, the height shall be measured from the average height of the top of the foundation. The story drift shall not be reduced by the effect of horizontal diaphragm stiffness.
1613.8.9.5 Distribution of lateral forces.
1613.8.9.5.1 General. The design lateral force shall be distributed to lateralforce-resisting elements of varying heights in accordance with the stiffness of each individual element.
1613.8.9.5.2 Wood structural panel sheathed walls. The stiffness of a stepped wood structural panel shear wall may be determined by dividing the wall into adjacent rectangular elements, subject to the same top of wall deflection. Deflections of shear walls may be estimated by AWC SDPWS Section 4.3.2. Sheathing and fastening requirements for the stiffest section shall be used for the entire wall. Each section of wall shall be anchored for shear and uplift at each step. The minimum horizontal length of a step shall be 8 feet (2438 mm) and the maximum vertical height of a step shall be 2 feet 8 inches (813 mm).
1613.8.9.5.3 Reinforced concrete or masonry shear walls. Reinforced concrete or masonry shear walls shall have forces distributed in proportion to the rigidity of each section of the wall.
1613.8.9.6 Limitations. The following lateral force-resisting-elements shall not be designed to resist lateral forces below the base level diaphragm in the direction normal to the downhill direction:

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1. Cement plaster and lath,

2. Gypsum wallboard, and

3. Tension-only braced frames.

Braced frames designed in accordance with the requirements of Section 2205.2.1.2 of this Code may be designed as lateral-force-resisting elements in the direction normal to the downhill direction, provided lateral forces do not induce flexural stresses in any member of the frame. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular. 1613.8.10 Specific design provisions.
1613.8.10.1 Footings and grade beams. All footings and grade beams shall comply with the following:

1. Grade beams shall extend at least 12 inches (305 mm) below the lowest adjacent grade and provide a minimum 24 inch (610 mm) distance horizontally from the bottom outside face of the grade beam to the face of the descending slope.

2. Continuous footings shall be reinforced with at least two No. 4 reinforcing bars at the top and two No. 4 reinforcing bars at the bottom.

3. All main footing and grade beam reinforcement steel shall be bent into the intersecting footing and fully developed around each corner and intersection.

4. All concrete stem walls shall extend from the foundation and reinforced as required for concrete or masonry walls.
1613.8.10.2 Protection against decay and termites. All wood to earth separation shall comply with the following:

1. Where a footing or grade beam extends across a descending slope, the stem wall, grade beam, or footing shall extend up to a minimum 18 inches (457 mm) above the highest adjacent grade.

Exception: At paved garage and doorway entrances to the building, the stem wall need only extend to the finished concrete slab, provided the wood framing is protected with a moisture proof barrier.

2. Wood ledgers supporting a vertical load of more than 100 pounds per lineal foot (1.46 kN/m) based on Allowable Stress Design (ASD) levels and located within 48 inches (1219 mm) of adjacent grade are prohibited.

Galvanized steel ledgers and anchor bolts, with or without wood nailers, or Ordinance No. 25-xxx

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treated or decay resistant sill plates supported on a concrete or masonry seat, may be used.
1613.8.10.3 Sill plates. All sill plates and anchorage shall comply with the following:

1. All wood framed walls, including nonbearing walls, when resting on a footing, foundation, or grade beam stem wall, shall be supported on wood sill plates bearing on a level surface.

2. Power-driven fasteners shall not be used to anchor sill plates except at interior nonbearing walls not designed as shear walls.
1613.8.10.4 Column base plate anchorage. The base of isolated wood posts (not framed into a stud wall) supporting a vertical load of 4,000 pounds (17.8 kN) based on Allowable Stress Design (ASD) levels or more and the base plate for a steel column shall comply with the following:

1. When the post or column is supported on a pedestal extending above the top of a footing or grade beam, the pedestal shall be designed and reinforced as required for concrete or masonry columns. The pedestal shall be reinforced with a minimum of four No. 4 bars extending to the bottom of the footing or grade beam. The top of exterior pedestals shall be sloped for positive drainage.

2. The base plate anchor bolts or the embedded portion of the post base, and the vertical reinforcing bars for the pedestal, shall be confined with two No. 4 or three No. 3 ties within the top 5 inches (127 mm) of the concrete or masonry pedestal. The base plate anchor bolts shall be embedded a minimum of 20 bolt diameters into the concrete or masonry pedestal. The base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least 2 galvanized nuts above the base plate. 1613.8.10.5 Steel beam to column supports. All steel beam-to-column supports shall be positively braced in each direction. Steel beams shall have stiffener plates installed on each side of the beam web at the column. The stiffener plates shall be welded to each beam flange and the beam web. Each brace connection or structural member shall consist of at least two 5/8-inch (15.9 mm) diameter machine bolts.
ll) Section 1807.1.4 is amended to read as follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section Ordinance No. 25-xxx

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2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.
mm) Section 1807.2 is amended to read as follows:
1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.4. Retaining walls assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood. nn) Section 1809.3 is amended to read as follows:
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10- percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3.

FIGURE 1809.3

STEPPED FOOTING
oo)Section 1809.7 and Table 1809.7 are amended to read as follows:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Lightframe construction using prescriptive footings in Table 1809.7 shall not exceed one Ordinance No. 25-xxx

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story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS

SUPPORTED BY THE
FOOTING f

WIDTH OF

FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing. c. Not Adopted.
d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
pp) Section 1809.12 is amended to read as follows:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.
qq)Section 2304.10.2 is amended to read as follows:
2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the Building Official.
rr) Section 2304.12.2.8 is amended to read as follows:

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2304.12.2.8 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.
ss) Section 2306.2 is amended to read as follows:
2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the Building Official.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Wood structural panels used to resist seismic diaphragm forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.

Exception: Wood structural panels are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.
tt) Section 2306.3 is amended to read as follows:
2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with ANSI/AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3A of ANSI/AWC SDPWS shall include the following:
i. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center. ii. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the Building Official.

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iii. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

For structures assigned to Seismic Design Category D, E or F, application of Table

4.3B of ANSI/AWC SDPWS shall not be allowed.

For structures assigned to Seismic Design Category D, E or F, application of Table

4.3C of ANSI/AWC SDPWS shall not be used below the top level in a multi-level building.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the Building Official.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the ANSI/AWC SDPWS. uu)Section 2308.10.8.1 is amended to read as follows:
2308.10.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not more than 50 feet (15240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.3.
vv) Section 3109.2 is amended by adding a new definition for “Barrier” and amending the existing definitions for “Swimming Pool” to read as follows:

Barrier. Barrier is a fence, wall, building wall or other enclosure that isolates a swimming pool from access to the home, other properties or the public.

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Swimming Pools/Spa. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term “pool” includes swimming pools, spas, hot tubs, above and below ground, and vinyl-lined pools; “Pool” does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock. ww)Section J101.3 is added to Appendix J to read as follows:

J101.3 Hazards.

1. Whenever the City Engineer determines that any land or any existing excavation or fill has, from any cause, become a menace to life or limb, or endangers public or private property, or adversely affects the safety, use or stability of public or private property, the owner of the property concerned shall, upon written notice thereof from the City Engineer (which shall be issued by first class mail), correct such condition in accordance with the provisions of this appendix and the requirements and conditions set forth in the notice (including deadlines for required actions) so as to eliminate such condition. The owner of the property shall immediately comply with the provisions set forth in the notice and shall complete all work to fully abate the condition within 180 days from the date of the notice unless a shorter period of time for completion has been specified in the notice in which case the owner shall comply with the shorter period of time. Upon written application and good cause shown, the City Engineer may, provided he/she concludes good cause exists, approve the request for an extension of time to complete the work required by the notice. A notice to the owner shall include a statement that a missed deadline, or untimely compliance with requested actions, may result in the City of Agoura Hills recording a certificate of substandard property with the Office of the Los Angeles County Recorder’s Office. “Owner” is the person who appears as such in Los Angeles County Assessor records for a property, and other persons, if known to the City Engineer, who are in control of, or responsible, for a property. A notice shall be sent to an owner to his/her/its address as shown on the last equalized assessment roll for a property. Where the City Engineer knows of other persons who are in control of, or responsible for, a property, the City Engineer shall send a copy of a notice to the address set forth in records of the Public Works Department for such persons. Failure of an owner or other persons to receive a notice shall not relieve them from the obligation to comply with this appendix.

2. If the above condition is not fully eliminated within the specified time period, or if the owner has missed a deadline in the notice (including without limitation for obtaining a grading permit) the City Engineer may file with the Office of the Los Angeles County Recorder a certificate stating that the property is deemed substandard and that the owner thereof has been so notified. The certificate shall describe the condition that renders the property substandard. The City Engineer shall, by first class mail, send a copy of the certificate for recording to the owner.

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3. When the above condition has been fully corrected to the satisfaction of the City Engineer, he/she shall file with the Office of the Los Angeles County Recorder, within a period of time not exceeding thirty (30) days, a certificate specifying that the condition has been fully corrected and that the property is no longer substandard.

The City Engineer shall by first class mail, send a copy of the certificate for recording to the owner.
xx) Section J101.4 is added to Appendix J to read as follows:

J101.4 Safety Precautions

1. General
a) If at any stage of work on an excavation or fill, the City Engineer determines that the work has become or is likely to become dangerous to any person, or is likely to endanger any property, public or private, the City Engineer must be authorized to require safety precautions to be immediately taken by the property owner as a condition to continuing such permitted work or to require cessation thereof forthwith unless and until it is made safe and to amend the plans for such work. b) Safety precautions may include, without limitation, specifying a flatter exposed slope or construction of additional drainage facilities, berms, terracing, compaction, cribbing, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching, wire mesh, and guniting, rock fences, revetments or diversion walls.
c) Upon the determination of the City Engineer that such safety precautions during grading are necessary, the City Engineer shall provide a notice and order to the permittee to implement same. After receiving such notice, oral or written, it is unlawful for the permittee or any person to proceed with such work contrary to such order.

2. Maintenance of Ground Cover
a) Existing groundcover in any hillside area that is not affected by an issued grading permit shall be maintained in a healthful condition at all times and shall not be destroyed or removed. As used herein, “groundcover” means plants that cover ground and that provide protection of the topsoil from erosion and drought. As used herein, “destroyed” includes, without limitation, any actions or inaction that cause, or will likely cause or contribute to, such groundcover dying or existing in an unhealthful condition in the future. As used herein, “maintained in a healthful condition” includes, without limitation, proper watering and fertilization and cutting or trimming that does not cause or contribute to the death of groundcover or cause it to exist in an unhealthful condition in the future. Cutting or trimming actions that result in groundcover dying or that cause or contribute to groundcover Ordinance No. 25-xxx

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existing in an unhealthful condition in the future are unlawful and prohibited.

This subpart does not apply to groundcover that the Los Angeles County Fire Department requires to be destroyed or removed in the enforcement of the Fire Code. In the event the City Engineer determines a violation of this subpart has occurred, the owner of the affected hillside area shall, upon written notice thereof by the City Engineer via first class mail, obtain written approval from the City Engineer within forty-five (45) days of the date of the notice for proposed replacement groundcover. The owner shall complete installation of the approved groundcover and obtain a final inspection approval in writing from the City Engineer within thirty (30) days thereafter.

An owner’s failure to obtain timely written approvals from the City Engineer are violations of this subpart and unlawful. As used herein, “owner” is the person who appears as such in Los Angeles County Assessor records for a property. A notice shall be sent to an owner to his/her/its address as shown on the last equalized assessment roll for a property. b) Whenever groundcover on private real property is removed or damaged as a result of action or actions undertaken pursuant to an issued grading permit, the owner of that property and permittees under that permit shall restore the affected area with new groundcover as approved and required by the City Engineer and shall complete such other erosion control protection measures or installations as may be required by the City Engineer. The owner or his/her/its permittee under that permit shall obtain written approval of the City Engineer for newly installed groundcover and for any required erosion control protection measures or installations as a condition to obtaining a final inspection approval of a grading from the City Engineer. It is unlawful and a violation of this subpart for an owner to fail to install new groundcover and/or complete other required protection measures or installations in a period of time required by the City Engineer.

It is also unlawful and a violation of this subpart for an owner to fail to maintain installed protection measures or installations in a good and effective condition and in good repair at all times in the future. Following the City Engineer’s approval of new groundcover, an owner shall be subject to Subpart A. of this section. As used herein, “damaged” means groundcover that has, or will likely, die or become or remain unhealthful because of, or in part due to, an action or actions that were undertaken pursuant to an issued grading permit.

3. Maintenance of Protective Structures/Devices/Installations All structures/devices/installations used to protect hillside areas from erosion or landslide damage including, without limitation, retaining walls, cribbing, terracing, surface and subsurface drainage structures, interceptor drains, check dams, and riprap shall be maintained in good condition and repair at all times. yy) Section J101.5 is added to Appendix J to read as follows:

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J101.5 Protection of Utilities. The owner of any property for which a grading permit has been issued, and permittees, shall in the course of undertaking actions pursuant to that permit, prevent damage to public utilities or services. zz) Section J101.6 is added to Appendix J to read as follows:

J101.6 Protection of Adjacent Properties. The owner of any property for which a grading permit has been issued, and permittees, shall in the course of undertaking actions pursuant to that permit, prevent damage to adjacent property. Furthermore, no owner or permittee shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without first obtaining written approval of the City Engineer for protections to said public or private properties against settling, cracking or other damage and completing the installation of those protections prior to undertaking the excavation..

Special precautions approved by the City Engineer shall also be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses. A 30-day excavation notice shall be provided as required by California Civil Code Section 829-834 when the excavation is of sufficient depth and proximity to adjacent lot structures.
aaa) Section J101.7 is added to Appendix J to read as follows:

J101.7 Storm-water control measures. The owner of any property for which a grading permit has been issued and permittees shall put into effect and maintain all measures and installations necessary to protect adjacent water courses and public and private property from damage by erosion, flooding, and deposition of mud, debris and construction-related pollutants originating from the site during, and after, grading and related construction activities. Furthermore, the owner and permittees shall implement, install and maintain measures and installations necessary to prevent any change in cross-lot surface drainage that may adversely affect any adjoining property as a result of grading and/or construction-related activities. Such measures and and installations to prevent any adverse cross-lot surface drainage effects on adjoining property shall be required whether shown on approved grading plans or not.. bbb) Section J101.8 is added to Appendix J to read as follows:

J101.8 Conditions of approval. In granting any permit under this code, the City Engineer may impose such conditions on a permit as he/she believes reasonably necessary to protect public health, safety, or welfare and/or to prevent or protect against any hazard that could be posed to a person or to persons or to public or private property in the absence of a permit condition or conditions. It is unlawful and a violation of this subpart for an owner to not comply with a permit condition. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading to comply with the current standards of this code.

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2. Requirements for fencing of excavations or fills which would otherwise be hazardous.
ccc) Section J101.9 is added to Appendix J to read as follows:

J101.9 Other regulations.

J101.9.1 Waiver. The permissive provisions of this chapter shall not be presumed to waive any regulations or statutes imposed by the State of California or other regulations of the City of Agoura Hills Municipal Code.

J101.9.2 More restrictive regulations. If two or more pertinent regulations are not identical, those regulations shall prevail which are more restrictive, or which afford greater safety to life, limb, health, property or welfare. For the purposes of these regulations, grading permits shall be considered as building permits and shall be subject to the same administrative provisions of this code, unless otherwise specifically provided for in this chapter.
ddd) Section J103.2 is amended to read as follows:

J103.2 Exemptions. A grading permit shall not be required for the following, unless deemed necessary by the City Engineer. No exemptions shall relieve the requirements set forth by the City Engineer or Building Official to address drainage and water quality concerns.

1. When approved by the City Engineer, grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties or any public property.

2. Excavation for construction of a structure permitted under this code where the excavation is limited to within the footprint of the proposed structure and not exceeding 5 feet in depth.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing or stockpiling rock, sand, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil and adjoining properties.

7. Exploratory excavations performed under the direction of a registered soils engineer or engineering geologist. This shall not exempt grading of access roads or pads created for exploratory excavations, which require a permit from the City Engineer. Exploratory excavations must not create a hazardous condition to Ordinance No. 25-xxx

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adjacent properties or the public in accordance with Section J101.3. Exploratory excavations must be restored to pre-existing conditions, unless approved by the City Engineer in writing.

8. An excavation that does not exceed 20 cubic yards (15.29 m3), not less than 100 feet away from any drainage course and complies with one of the following conditions:
(1) not proposed where the natural slope of the site exceeds twenty (20) percent;
(2) is less than 2 feet (0.6 m) in depth;
(3) does not create a cut slope greater than 5 feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

9. A fill not intended to support a structure, does not obstruct or redirect a drainage course, is not less than 100 feet away from any drainage course, and complies with one of the following conditions:
(a) is less than 1 foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to I unit vertical (20 percent slope). (b) is less than 3 feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. eee) Section J103.3 is added to Appendix J to read as follows:

J103.3 Permit issuance.

1. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit and on the grading plans and specifications approved by the City Engineer at the time of issuance.

2. Jurisdiction of other agencies. Permits issued under the requirements of this appendix shall not relieve the owner of responsibility for securing required permits for work to be accomplished that is regulated by any other code, department, or Ordinance No. 25-xxx

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division of the City of Agoura Hills. Furthermore, permits issued pursuant to this appendix shall not relieve an owner from securing approvals and/or permits as may be required by Los Angeles County and the State of California.

3. Conditions of permit. The City Engineer, upon recommendation of the city traffic and transportation administrator, may impose such conditions with respect to access routes to and from grading sites in hillside areas as the City Engineer shall determine are required in the interest of safety precautions involving pedestrian or vehicular traffic. This is in addition to conditions imposed pursuant to Section J101.8. . It is unlawful to not comply with a permit condition.

4. Consent of adjacent property owner. Whenever any excavation or fill or other grading-related work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall tender a signed and duly notarized copy of such consent with the City Engineer prior to the issuance of a permit. The consent form shall be approved by the City Attorney and the statements therein shall be acceptable to the City Engineer. If a permit applicant claims an easement authorizes entry onto adjacent property in connection with proposed gradingrelated work, the applicant shall tender a recorded copy of the easement to the City Engineer prior to the issuance of a permit. In addition to tendering a consent form and/or an easement, the owner of real property for which a grading permit is sought, shall execute an indemnification/hold harmless form in favor of the City of Agoura Hills as approved by the City Attorney and tender the completed/executed form to the City Engineer prior to the issuance of a grading permit.

5. Unpermitted Actions. If grading and/or other actions regulated by this appendix occur without a grading permit, a subsequently obtained permit shall automatically expire and become null and void ninety (90) calendar days after the date on which the permit was issued. The City Engineer may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the City Engineer prior to the expiration date of the original permit. The applicant shall show justifiable cause in the extension request, which City Engineer must find to be satisfactory before granting an extension.

6. Time limitation of application and expiration of permit. Time limitation of application and expiration of permit shall be governed by the amended CBC Sections 105.3.2.1 and 105.5 and CRC Sections R105.3.2.1 and R105.5. fff) Section J103.4 is added to Appendix J to read as follows:

J103.4 Grading fees.

1. Fees for grading plan check and for grading permits shall be established or modified by resolution of the city council. The schedule of such fees shall remain on file and be available in the office of the City Engineer. The City Engineer shall, with the approval Ordinance No. 25-xxx

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of the city manager, recommend changes in fee amounts to the council when the costs to provide grading plan check and grading inspection services make it appropriate.

2. The applicant shall pay a plan check fee prior to acceptance of grading plans and specifications for checking by the city. Plans shall not be reviewed prior to the City Engineer’s receipt of the entire fee.

3. Whenever the applicant submits a grading plan for plan check that is substantially different, as determined by the City Engineer, in design of the earthwork as compared to previously submitted grading plans, the submittal shall be considered an original and a new grading plan check fee shall be determined and paid to the city as provided in this section.

4. The applicant shall pay a grading permit fee prior to the issuance of a grading permit by the city. If, during grading operations, the plans and specifications for the grading project are revised increasing the scope of the project that was used to determine the grading permit fee, the applicant shall pay to the city the difference between the original grading permit fee and the recalculated fee before work may resume under the grading permit.

5. Whenever grading operations are commenced without an approved grading permit, an investigation fee shall be added to all unpaid fees for grading plan check and grading permits. The investigation fee shall be one hundred percent of all fees due the city.
ggg) Section J104.2.1 is added to Appendix J to read as follows:

J104.2.1 Grading Designation. Grading in hilly terrain areas involving slope greater than 33% and all grading in excess of 250 cubic yards shall be performed in accordance with the approved grading plan prepared by a registered civil engineer, and shall be designated as "engineered grading." Grading involving less than 250 cubic yards and not located in an area of hilly terrain area involving slope greater than 33% shall be designated as "regular grading" unless the permittee chooses to have the grading performed as engineered grading, or the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
hhh) Section J104.2.2 is added to Appendix J to read as follows:

J104.2.2 Regular grading requirements. In addition to the provisions of Section 106, and Section 104.2, Chapter 1, Division II, an application for a regular grading permit shall be accompanied by plans in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. If the slope of the grade exceeds 3 units horizontal to 1 unit vertical or as required by the City Engineer, the plans and specifications shall be prepared and signed by an individual licensed by Ordinance No. 25-xxx

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the state to prepare such plans or specifications. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limits and depths of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4.6 m) of the proposed grading.

4. Contours, flow areas, elevations, or slopes that define existing and proposed drainage patterns.

5. Stormwater provisions in accordance with the requirements of Appendix J and Chapter 5 of Article V of the City of Agoura Hills Municipal Code.

6. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and use restricted use areas.

7. Recommendations in the geotechnical engineering report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the City Engineer, specific recommendations contained in the geotechnical engineering report and the engineering geology report, that are applicable to grading, may be included by reference.

8. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.
iii) Section J104.2.3 is added to Appendix J to read as follows:

J104.2.3 Engineered grading requirements. In addition to the provisions of Chapter 1 Division II, Section 107 and Appendix J Section J 104.2, an application for an engineered grading permit shall be accompanied by plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the City Engineer. Specifications shall contain information covering structures and material requirements. Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared. The plans shall include, but shall not be limited to, the following information:

1. General vicinity of the proposed site.

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2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related structures.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.

5. Location of any existing or proposed buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4.6 m) of the property or that may be affected by the proposed grading operations.

6. Recommendations in the geotechnical engineering report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the City Engineer, specific recommendations contained in the geotechnical engineering report and the engineering geology report, that are applicable to grading, may be included by reference.

7. The dates of the geotechnical engineering and engineering geology reports together with the names, addresses, and telephone numbers of the firms or individuals who prepared the reports.

8. A statement of the earthwork quantities of materials to be excavated and/or filled. Earthwork quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of material to be imported or exported from the site.

9. A statement of the estimated starting and completion dates for work covered by the permit.

10. A statement signed by the owner acknowledging that a field engineer, geotechnical engineer and engineering geologist, when necessary in the judgment of the City Engineer, shall be employed by the owner to perform the services required by this code, or whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed.

These acknowledgments shall be on a form furnished by the City Engineer

11. Storm water provisions are required to be shown on the grading plan in accordance with Appendix J and Chapter 5 of Article V of the AHMC

12. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevation of floors with respect to finish site grade and locations of existing and proposed stoops, slabs, fences or other features that may affect drainage.

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13. Location and type of any existing or proposed private sewage disposal system.

14. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements.

15. Location of all recorded floodways.

16. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.
jjj) Section J105.3 is added to Appendix J to read as follows:

J105.3 Responsibility. The permittee and owner shall be responsible for ensuring that the grading is performed in accordance with the approved plans and specifications and in conformance with the provisions of this Code. The permittee and owner shall engage project consultants, if required under the provisions of this Code, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the project consultants, the contractor and the City Engineer In the event of changed conditions, the permittee shall be responsible for informing the City Engineer of such change and shall provide revised plans for approval in a period of time established by the City Engineer. kkk)Section J105.4 is added to Appendix J to read as follows:

J105.4 Required inspections. The permittee shall call for an inspection by the City Engineer at the following various stages of work and shall obtain the written approval of the City Engineer prior to proceeding to the next stage of work:

Pre-grade. Before any construction or grading activities occur at the site. Permittee shall schedule a pre-grade inspection with the City Engineer. The permittee shall ensure that all project consultants are present at the pre-grade inspection.

Initial grade. When the site has been cleared of vegetation and unapproved fill and has been scarified, benched, or otherwise prepared for fill. No fill shall have been placed prior to this inspection.

Rough grade. When approximate final elevations have been established, drainage terraces, swales, and other drainage devices necessary for the protection of the building sites from flooding have been installed, berms have been installed at the top of the slopes, and the statements of completion have been received.

Final grade. When grading has been completed, all drainage devices necessary to drain the building pad have been installed, slope planting has been established, irrigation systems have been installed, and the as-built plans and required statements and reports have been submitted.
lll) Section J109.5 is added to Appendix J to read as follows:

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J109.5 Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable street, storm drain, or natural watercourse drainage way approved by the City Engineer or other appropriate governmental agency jurisdiction provided it is a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers or other methods, as approved by the City Engineer, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required. Building pads shall have a minimum drainage gradient of 2 percent toward approved drainage facilities, a public street or drainage structure approved to receive storm waters unless waived by the City Engineer. A lesser slope may be approved by the City Engineer for sites graded in relatively flat terrain, or where special drainage provisions are made, when the City Engineer finds such modification will not result in unfavorable drainage conditions.
mmm)Section J112 is added to Appendix J to read as follows:

J112 National Pollutant Discharge Elimination System (NPDES) Compliance. All grading plans and permits shall comply with the provisions of this section for NPDES compliance including the owner of any property on which grading has been performed and which requires a grading permit under Appendix J Section J103. Sites which have been graded and which require a grading permit under Appendix J Section J103 are subject to penalties and fines. All best management practices shall be installed before grading begins or as instructed in writing by the City Engineer for unpermitted grading as defined by Section J 103.3. As grading progresses, all best management practices shall be updated as necessary to prevent erosion and control structures related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the City Engineer unless final grading approval has been granted by the City Engineer and all permanent drainage and erosion control systems, if required, are in place. nnn) Section Q103.1 of Appendix Q is amended to read as follows:

Q103.1 General. Emergency sleeping cabins, emergency transportable housing units, membrane structures and tents constructed and/or assembled in accordance with this appendix, shall be occupied only during declaration of state of emergency, local emergency, or shelter crisis, and authorized by the City Council.

Buildings and structures constructed in accordance with the California Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied.

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8202.5 California Residential Code Adopted with Local Amendments A. Adoption of California Residential Code, 2025 Edition.

Pursuant to California Government Code § 50022.2, the California Residential Code, 2025 Edition, published as Title 24, Part 2.5, of the California Code of Regulations, including Appendix BB (Tiny Houses), Appendix CI (Swimming Pool Safety Act), and Appendix CJ (Emergency Housing) (“CRC”) is adopted by reference, subject to the amendments, additions and deletions set forth below.

One true copy of the CRC is on file in the office of the Building Official and is available for public inspection as required by law.

B. Amendments to the California Residential Code.
a) Second paragraph of Section 1.8.8.1 is amended to read as follows:

This limitation of authority shall also apply to any board that is established by the 2025 Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Existing Building and Green Building Standards Codes, as adopted by the city. c) Section R101.1 is amended to read as follows:

R101.1 Title. These regulations shall be known as the Residential Code of the City of Agoura Hills, hereinafter referred to as “this code”. d) Section R103.3 is amended to read as follows:

R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a Deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official.
e) Section R105.1 is amended to read as follows:

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R105.1 Required. All persons who intend to construct, enlarge, alter, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, component or device, the installation of which is regulated by the Technical Codes in Article VIII of the Agoura Hills Municipal Code, shall first make written application to the Building Official and obtain each required permit.

Whenever any work or installation or grading has been commenced without a permit in violation of this section, a Stop Work Order shall immediately be issued by the Building Official and a special investigation to identify the nature and extent of the unpermitted work or installation shall be made. Based on the findings of the investigation, conditions may be given to the violator to correct any unpermitted conditions to the satisfaction of the Building Official prior to the issuance of the permit and to continue work. An investigation fee shall be paid in addition to customary fees for each permit which the work had started prior to, or at the time of, the issuance of a permit or permits. Failure to pay a special investigation fee in full constitutes cause to deny the issuance of a permit or permits. The investigation fee shall be as specified by resolution of the City Council.

The payment of the investigation fee shall not exempt any person from compliance with all other provisions of the Agoura Hills Municipal Code, or from any penalty prescribed by law for failing to obtain each required permit. f) Section R105.2 under Building - items 1 through 10 are amended, and items number 11 thru 18 are added; under Electrical - item 6 is added; and a new category titled Grading is added to read as follows:

Building:

1. One story detached accessory buildings or structures used as tool and storage sheds, shade structure, playhouses or similar uses that are accessory to detached one and two family dwellings, and similar uses, provided the floor area does not exceed 120 square feet and are not more than 14 feet in height above adjacent grade. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences, other than masonry or concrete, not over 6 feet high, measured from finished grade immediately adjacent to the fence, to top of the finished fence.

3. Oil derricks.

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4. Retaining walls or masonry/concrete wall less than 2 feet in height measured from grade immediately adjacent to the wall to the top of the wall, and not supporting a surcharge.

5. Water tanks supported directly on grade if the capacity is not greater than 5000 gallons and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks, driveways, platforms and walkways associated with one and two family dwellings, not more than 30 inches above grade at any point and not located over any basement or story below, nor supporting any structure above and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

9. Prefabricated swimming pool accessory to a Group R-3 Occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10.Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11.Swings and other playground equipment accessory to detached one and two family dwellings.

13.Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

14.Detached one story shade covers for animals when the covers are not over 12 feet in height above adjacent grade, not more than 400 feet of roof area and open on 3 sides minimum.

15.Readily removable plastic covered hoop structures, with maximum 12’ in height with no in-ground footings or foundation.

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16.Replacement of residential exterior door when the doorframe is not removed.

17.Replacement of kitchen appliance with similar appliance in same location. This exception does not apply if the work includes opening the walls or replacing or altering the plumbing or electrical systems.

18.Flagpoles that are 20 feet or less in height above finish grade when fully extended.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles but not the outlets therefor.

3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.

4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

6. Removal of abandoned electrical wiring and conduits. “Abandoned” means such wiring and conduits that are not energized.

Gas:

1. Portable heating, cooking or clothes drying appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

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4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

Grading:

1. All grading that is exempt from a permit shall be pursuant to Section J103.2 of Appendix “J” of the California Building Code or other reference codes accepted by the Building Official.
g) Section R105.3.2 is amended to read as follows:

R105.3.2 Time limitation of application. Unless extended or reinstated as provided herein, an application for permit is deemed abandoned if an applicant has not satisfied all requirements for a permit for proposed work or actions within twelve (12) months of tender of an application to the Building and Safety Division. The Building Official is authorized to grant one or more extensions of time for additional periods not exceeding ninety (90) days each to complete all requirements for a permit. An applicant seeking an initial extension shall tender a request to the Building Official prior to the date the application is deemed abandoned. In order to be eligible for any further extensions, an applicant shall tender a subsequent request or requests to the Building Official before a prior extension period expires. Each extension request shall be requested in writing and justifiable cause demonstrated, as determined by the Building Official.

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When an application has been deemed abandoned, a permit shall not be issued prior to the application being reinstated or a new application tendered with new fees paid.

R105.3.2.1 Time limitation of application in connection with an unpermitted structure. Unless extended or reinstated as provided herein, an application for a permit is deemed abandoned if an applicant has not satisfied all requirements for a permit in connection with an unpermitted structure as defined in Section R110.1.1 of this code within ninety (90) calendar days of tender of an application therefor to the Building and Safety Division. The Building Official is authorized to grant one or more extensions of time for additional periods not exceeding thirty (30) days each to complete all requirements for a permit. An applicant seeking an initial extension shall tender a request to the Building Official prior to the date the application is deemed abandoned. In order to be eligible for any further extensions, an applicant shall tender a subsequent request or requests to the Building Official before a prior extension period expires. Each extension request shall be requested in writing and justifiable cause demonstrated, as determined by the Building Official. i) Section R105.5 is amended to read as follows:

R105.5 Expiration of permit. Unless extended or reinstated as provided herein, every permit issued, except those under Subsection R105.5.2, shall be deemed suspended or abandoned and shall automatically expire and become null and void unless the permittee completes at least twenty percent (20%) of the total work or actions authorized by a permit (as determined by the Building Official) for Group R-3 Occupancies, and at least ten percent (10%) of the total work or actions authorized by a permit (as determined by the Building Official) for all other occupancies, and the permittee obtains a successful inspection from the Building Official within the first twelve (12) months from the permit’s issuance date. An issued permit shall also be Ordinance No. 25-xxx

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deemed suspended or abandoned and shall automatically expire and become null and void if the permittee does not complete at least an additional twenty percent (20%) of the total work or actions authorized by a permit (as determined by the Building Official) for Group R-3 Occupancies, and at least an additional ten percent (10%) of the total work or actions authorized by a permit (as determined by the Building Official) for all other occupancies, and the permittee obtains a subsequent successful inspection within twelve (12) months from a prior successful inspection. A successful inspection is defined as an inspection that is required by Section 110 of Chapter 1, Division II of the 2025 California Building Code (as adopted by Section 8100 of the Agoura Hills Municipal Code), during which the Building Official or a designee thereof determined that the inspected work or actions met all applicable minimum code requirements and he/she approved and documented that work as successful.

When a permit that was issued pursuant to Section R105.1 has expired, work shall not recommence prior to obtaining a new permit, which shall be subject to Section R105.5.2 of this code. Requests to reinstate an expired permit shall be submitted to the Building Official, in writing, demonstrating justifiable cause and are subject to the approval of the Building Official. If approved by the Building Official, the fee shall be one half (1/2) of the amount of the original permit fee, provided that the expiration period of the original permit has not exceeded six (6) months, no changes have been made or will be made in the original approved plans and specifications, and the construction codes under which the original permit was issued are the same as the current construction codes in effect. To reinstate a permit when the expiration period of the original permit has exceeded six (6) months; or changes have been made or will be made in the original approved plans and specifications; or current construction codes are different from those construction codes under which the original permit was issued the permittee shall be required to pay a new full permit fee and that person shall comply with all construction codes in effect on the date of the new permit application.
j) Section R105.5.1 is amended to read as follows:

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R105.5.1 Expiration. Every permit issued before January 1, 2019 that did not automatically expire and become null and void by December 31, 2025 pursuant to the code then in effect shall be deemed abandoned and shall automatically expire and be null and void if the permittee does not thereafter obtain a subsequent successful inspection within 180 days from a prior successful inspection. A successful inspection is defined as an inspection that is required by Section 110 of Chapter 1, Division II of the 2025 California Building Code (as adopted by Section 8100 of the Agoura Hills Municipal Code), during which the Building Official or a designee thereof determined that the inspected work or actions met all applicable minimum code requirements and he/she approved and documented that work as successful. The Building Official may grant one extension of a permit subject to this subsection for a period not exceeding 180 days, provided he/she receives a written request stating justifiable case, prior to the expiration date of the permit. The Building Official may deny the request for a permit extension if her/she determines that justifiable cause was not shown in the request.

When a permit subject to this subsection has expired, work shall not recommence prior to obtaining a new permit, which shall be subject to Section R105.5.2 of this code. Payment of a full permit fee is required.
k) Section R105.5.2 is added to read as follows:

R105.5.2 Expiration of permit in connection with an unpermitted structure.

Notwithstanding Section 105.5 or any other provision of this code to the contrary, if a permit is issued in order to bring an unpermitted structure (as defined in Section R110.1.1 of this code) or other unlawful condition into compliance with any applicable law, or ordinance, such permit shall automatically expire and become null and void ninety (90) calendar days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the Building Official prior to the expiration date of the original permit.
l) Section R105.6 is amended to read as follows:

R105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code or other relevant laws, ordinances, rules, or regulations, wherever and whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulations or any of the provisions of this code.

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R105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until completion of the project. Required permits and approved plans shall be maintained in good condition and be posted or otherwise made available at job site such as to allow the Building Official to conveniently make the required review, inspection and entries related to the project.
n) Section R105.8 is amended to read as follows:

R105.8 Responsibility of permittee. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. Building permits shall be presumed by the City to incorporate all of the work that the applicant, the applicant's agent, employees and/or contractors shall carry out. Said proposed work shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No city approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.
o) Section R105.10 is added to read as follows:

R105.10 Transferability. No permit issued pursuant to Article VIII of the Agoura Hills Municipal Code shall be transferable to any other person or apply to any location other than that stated in the permit, unless a justifiable cause is demonstrated to the satisfaction of the Building Official and approved in writing. p) Section R108.4.1 is added to read as follows:

R108.4.1 Re-inspection Fee. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections previously called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for Ordinance No. 25-xxx

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failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

R108.5.1 Refund Policy. The plan review fee for any project that has been reviewed will not be refunded since the review has been conducted already. When a project has been reviewed, approved and a permit has been issued, but no work or inspections has taken place and a refund is requested, the City will refund 80% of the original permit fee for which no work or inspection has been performed. There will be no refund given if the project has commenced and inspection taken place. The Building Official makes the final determination whether a refund is due for a specific project. r) Section R108.6 is amended to read as follows:

R108.6 Work commencing before permit issuance. Any person who commences any work for which a permit is required by this code before obtaining the necessary permits shall be subject to a special investigation by the Building Official before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required for such work by this code, or as identified in the latest fees adopted by the City Council of the City of Agoura Hills.
s) Section R108.7 is added to read as follows:

R108.7 Plan review fees. When submittal documents are required by Section R107, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing authority.

The plan review fees specified in this section are in addition to and separate fees from the permit fees specified in Section R108.2.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section R106.3.3, an additional plan review fee may be charged at a rate established by the applicable governing authority.

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R109.1.4.3 Roof sheathing and shear inspection. Prior to a complete framing inspection, a roof sheathing and shear inspection shall be made after roof sheathing and all structural shear panels or walls are in place and secured by nailing or other approved methods.
u) Section 109.5 is added to read as follows:

R109.5 Setback and height certification. When determined by the Building Official, a survey and certification may be required to confirm that the building or structure is placed on the site in accordance with the approved location and setback distances and to confirm that it does not exceed the approved building height shown on the approved plans.
v) Section R110.1.1 is added to read as follows:

R110.1.1 Unpermitted Structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, “unpermitted structure” shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped with regulated devices, fixtures or installations, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official, or with a valid permit as issued by the Building Official which subsequently expired and became null and void. An unpermitted structure also includes one for which a building permit has been suspended or revoked.
w) Section R110.2 is amended to read as follows:

R110.2 Certificate issued. After the Building Official or his/her designee inspects the building or structure and finds no violation of the provisions of this code or other laws that are enforced by the city, the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or the owner’s authorized agent.

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4. A description of that portion of the structure for which the certificate is issued.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. When an automatic sprinkler system is provided, whether the sprinkler system is required.

9. Any special stipulations and conditions of the building permit.

10.Assessor’s Parcel Number.

11.Zoning designation.

12.The date of certificate issuance.
x) Section R110.3 is amended to read as follows:

R110.3 Temporary Certificate of Occupancy (TCO) The Building Official may, in writing, authorize temporary occupancy of any building or structure, or portion thereof, that lacks a permanent certificate of occupancy for any reason, provided patent conditions in open and accessible portions of the building or structure do not reveal a substantial hazard to an occupant or occupants.

Applications for a temporary certificate of occupancy shall be on a city-approved form.

A temporary certificate of occupancy is valid for a period of time to be specified by the Building Official in the certificate. The city attorney may require applicants for a temporary certificate of occupancy to execute an indemnification, as approved by the City Attorney, in favor of the city and its employees as a prerequisite to receiving a temporary certificate of occupancy.

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to the issuance, expiration, or nullification of a temporary certificate of occupancy, or with regard to any other matter relating thereto.

The Building Official is authorized to adopt regulations or procedures, such as requiring a security deposit or bond, for implementation of this section. y) Section R110.4 is amended to read as follows:

R110.4 Revocation. The Building Official may, in writing, suspend or revoke a certificate of occupancy whenever the Building Official determines that the certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of this code, or other relevant laws, ordinances, rules and/or regulations. Use or occupancy of a building or structure, or allowing the use or occupancy of a building or structure, with a suspended or revoked certificate of occupancy is a violation of this code and unlawful. The boards established by Section

R111.3 Authority to Disconnect Service Utilities. The powers granted the Building Official pursuant to this subsection extend to all buildings, structures or systems (including electrical, plumbing and mechanical) that are regulated by this code and its references. This subsection supersedes all similar provisions in other codes that are part of Article VIII of the Agoura Hills Municipal Code.

R111.3.1 Authority to Disconnect Electric Utility. The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or to wiring, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health and/or property, or where they lack permits and required inspection approvals.

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Official; or until a permit has been issued and the work has been inspected and approved by the Building Official.

R111.3.2 Authority to Disconnect Gas Utility. The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of gas utility service to buildings, structures or premises, or portions thereof, or to appliances, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health and/or property, or where they lack permits and required inspection approvals.

R111.3.3 Authority to Disconnect Water Utility. The Building Official is hereby empowered to disconnect or to require the property owner to disconnect the water utility service to buildings, structures or premises, or portions thereof, or to fixtures, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health, property or to the environment, or where they lack permits and required inspection approvals.

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R113.1 Unlawful Acts. It is unlawful for any property owner and/or other responsible person to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building or structure, as well as any regulated equipment, system or installation, or cause same to be done, in conflict with this code. It is unlawful for any for any property owner and/or other responsible person to conduct or maintain, whether due to action or inaction, any building or structure, as well as any regulated equipment, system or installation in violation of this code. It is unlawful for any property owner and/or other responsible person to conduct or maintain grading on land that occurred without a permit.
cc) Section R113.4 is amended to read as follows:

R113.4 Violation Penalties. Any person who violates, or who maintains a violation of this Code or who fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or who fails to comply with a directive or order of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law as follows:
(a) Any person, firm, partnership, association, corporation or joint venture violating any of the provisions of the California Building Standards Code or other code(s) adopted in Article VIII of the Agoura Municipal Code shall be guilty of a misdemeanor. Any person violating a stop work order issued pursuant to Section R114 of this chapter shall be guilty of a misdemeanor. Any person who continues to occupy or any person who enters a structure which has been posted "unsafe" by the Building Official pursuant to Section R113.5 of this chapter shall be guilty of a misdemeanor.
(b) Each day that person, firm, association, corporation or joint venture violates any of the provisions of the California Building Standards Code or other code(s) adopted in Article VIII of the Agoura Municipal Code is a separate offense and shall be punishable thereof as provided in the Agoura Hills Municipal Code. dd)Section R113.5 is added to read as follows:

R113.5 Unsafe Conditions. Any building, structure or equipment that has any or all of the conditions hereinafter described shall constitute an unsafe or dangerous building or structure:
(a) Structural inadequacies, damage, deficiencies, defects or deterioration, as well as nearby hazardous embankments or excavations, that could cause a building or structure to partially or completely collapse or fail.

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(b) Electrical, plumbing or mechanical work or installations, which because of a defect in materials or installation, or due to some other faulty operating or other condition, pose a risk of explosion or fire.
(c) Unsanitary or unhealthful conditions that are present in a building or structure. (d) All forms of construction, as well as electrical, plumbing or mechanical work, systems, fixtures, appliances or other installations for which all required permits and inspection approvals have not been obtained from the Building Official. (e) Occupancy or use for which a building or structure was not designed or intended, or that results in a change in the occupancy classification thereof. (f) Inadequate egress from a building or structure.
(g) A vacant building or structure that is not secured against unauthorized entry. (h) Any condition that violates any regulation in Article VIII of the Agoura Hills Municipal Code.

Any or all of the foregoing conditions endanger the health, safety or welfare of occupants, persons who may enter the premises, or the public. ee)Section R113.6 is added to read as follows:

R113.6 Orders to Vacate. Notwithstanding any other provision of this code, if the Building Official or a designee thereof, determines a condition is present in a building or structure or on premises that constitutes an immediate danger or hazard to the health, safety or welfare of occupants or to the public, the Building Official may order persons to vacate buildings, structures, premises, or portions thereof. Such orders may include orders to not re-enter, as well authorize limited entry subject to written conditions. Conditions may include, but not be limited to, requiring buildings, structures and premises to be secured from entry or access by means that are acceptable to the Building Official. Orders shall advise persons of their appeal rights as discussed in this subsection.

Orders may be personally served on an occupant, or served by first class mail and posted on the premises containing the immediate danger or hazard. If an owner does not occupy said premises, a copy of the order shall be also sent by first class mail to the owner as identified by Los Angeles County Assessor records. For owner-occupied properties, the issuance date of an order is the date of its personal service. For nonowner occupied properties, the issuance date of an order is the date an order to the owner and any occupant(s), or a copy thereof, are deposited in a U.S. Postal Service mail container and posted on the premises. Failure of any person to receive an order shall not affect its validity, or the appeal period. When identifying a mailing address Ordinance No. 25-xxx

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for an owner, the Building Official shall consider such information as shown in Los Angeles County Assessor records.

Timely appeals shall be heard by the housing or local appeals board, as applicable.

Section R113.7 Violations. It is unlawful and a public nuisance for any person to maintain an unsafe or dangerous building or structure. Each and every day that a building or structure is maintained in an unsafe or dangerous condition is a new violation of this code. It is a violation of this code and unlawful for any person to fail to comply with an order to vacate, as well as all conditions thereof. Each such violation shall be a misdemeanor.”
gg)Section R114.1 is amended to read as follows:

R114.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or Ordinance No. 25-xxx

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without permit, or dangerous, or unsafe, the Building Official is authorized to issue a stop work order.
hh)Section R300.3 is added to read as follows:

R300.3 Grading. The grading associated with the design and construction of new buildings, additions, and alterations to existing buildings shall comply with Appendix J of the California Building Code as adopted and amended by the City of Agoura Hills. ii) Section R301.1.3.2 is amended to read as follows:

R301.1.3.2 Wood-frame structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood-frame construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law; the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
jj) Section R301.1.5 is added to read as follows:

R301.1.5 Seismic design provisions for buildings constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.8 of the California Building Code, as incorporated in the Agoura Hills Municipal Code.
kk) Section R301.2.2.11 is added to read as follows:

R301.2.2.11 Anchorage of Mechanical, Electrical, or Plumbing Components and Equipment. Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the California Residential Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either

1. The component weighs 400 lbs. (1,780 N) or less and has a center of mass located 4 ft. (1.22 m) or less above the supporting structure; or

2. The component weighs 20 lbs. (89N) or less or, in the case of a distributed system, 5 lb/ft. (73 N/m) or less.

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ll) Section R401.1 is amended to read as follows:

R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2 shall meet the provisions of Section R322.

Wood foundations shall be designed and installed in accordance with AWC PWF.

Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

1. In buildings that have no more than two floors and a roof.

2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet.

Wood foundations in Seismic Design Category D0, D1, or D2 shall not be permitted.

Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches. ll) Section R403.1.2 is amended to read as follows:

R403.1.2 Continuous footing in Seismic Design Categories D0, D1 or D2. Exterior walls of buildings located in Seismic Design Categories D0, D1, or D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. Required interior braced wall panels in buildings located in Seismic Design Categories D0, D1, and D2 shall be supported on continuous foundations.
mm) Section R403.1.3.6 is amended to read as follows:

R403.1.3.6 Isolated concrete footings. In detached one- and two-family dwellings located in Seismic Design Category A, B, or C, that are three stories or less in height, and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.
nn)Section R403.1.5 is amended to read as follows:

R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in 10 units horizontal (10- percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in 10 units horizontal (10-percent slope).

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Land Use - Economic Development SubcommitteeSeptember 29, 2025

Land Use - Economic Development Subcommittee
September 29, 2025