Agoura Hills City Council
November 12, 2025

1. Parking exemption. Notwithstanding all applicable parking requirements, no additional parking spaces are required for an ADU meeting the criteria of California Government Code Section 66322(a).

2. Replacement parking. When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction an ADU or is converted into an ADU, replacement parking for the primary dwelling unit shall not be required.

J. Horse-keeping area. To endeavor to minimize impacts of ADUs on horse keeping uses located in the Equestrian Overlay Zone, notwithstanding section 9592(a), the community development director shall have the discretion to make the minimum horse keeping area optional if the size of the lot is under ten thousand eight hundred ninety (10,890) square feet or if the lot has an average slope over twentyfive (25) percent.

K. Notwithstanding the standards pertaining to allowable lot coverage, allowable site coverage, minimum front yard setback distances, and minimum horse-keeping area, one (1) ADU up to 800 square feet in gross floor area, with a height up to sixteen (16) feet from above grade, and at least four (4)-foot side and rear yard setbacks shall be allowed, pursuant to Government Code 66321.

L. Rental Term. The ADU shall not be rented for less than 30 days. Short-term rentals of fewer than 30 days are prohibited.

M. Sale or Conveyance. Except as otherwise required by Government Code section 66341, an ADU shall not be sold or otherwise conveyed separately from the primary dwelling of a single-family lot or, in the case of a multi-family lot, from all dwellings on that lot.

N. Very High Fire Hazard Severity Zones. Detached ADUs in Very High Fire Hazard Severity Zones shall maintain a minimum ten (10)-foot separation from other structures, unless doing so would preclude the construction of an ADU up to eight hundred (800) square feet of interior livable space with four (4)-foot side and rear yard setbacks, in which case reduced separation shall be allowed if the ADU complies with applicable California Building Code fire-resistance standards.

O. Utility connections and related impact fees.

1. Non-exempt ADUs, or those approved under this section, require a new, separate sewer connection directly between the ADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the gross floor area or the number of drainage-fixture unit (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

2. If the ADU will use a private sewage disposal system, the property owner shall obtain approval by the local environmental health officer prior to approval from the City.

3. The city shall not impose any development impact fees upon the development of an accessory dwelling unit seven hundred fifty (750) square feet of interior livable space or less. Any development impact fees charged for an accessory dwelling unit that has more than seven hundred fifty (750) square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling.” Section 6. California Environmental Quality Act (CEQA). Pursuant to the California Environmental Quality Act, City staff determined that the adoption of the proposed Ordinance is exempt from environmental review under CEQA pursuant to Public Resource Code Section 21080.17, and Title 14, Section 15282(h) of the California Code of Regulations, which apply to “[t]he adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Section 65852.1 and 65852.2 [now codified as Chapter 13 of Division 1 of Title 7, Section 66310 – 66342] of the Government Code as set forth in Section 21080.17 of the Public Resources Code.”
Section 7. Severability Clause. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

Section 9. 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 poste din the manner require 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
RESOLUTION NO. 25- 1307

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

AGOURA HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE

A ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE IX

ZONING) OF THE AGOURA HILLS MUNICIPAL CODE ( AHMC) TO

REPEAL AND REPLACE THE ACCESSORY DWELLING UNIT ( ADU)
REGULATIONS IN SECTION 9283, AMEND RELATED DEFINITIONS IN SECTION 9120 CONSISTENT WITH STATE LAW, AND AMEND
SECTION 61005 TO CLARIFY SHORT- TERM RENTAL PROHIBITIONS;

AND MAKE A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA). ( CASE NO.

PZ-2025- 150- ZOA; APPLICANT: CITY OF AGOURA HILLS)

THE PLANNING COMMISSION OF THE CITY OF AGOURA HILLS, CALIFORNIA, HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

WHEREAS, an application was duly filed by the City of Agoura Hills to amend Article IX Zoning) of the Agoura Hills Municipal Code to modify regulations pertaining to accessory dwelling units to bring existing regulations into compliance with State law.

WHEREAS, the Planning Commission determined that the adoption of the proposed ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Public Resources Code Section 21080. 17, and Title 14, Section 15282( h) or the California Code of Regulations which applies to " The adoption of an ordinance regarding second units in a single- family or multifamily residential zone by a city or county to implement the provisions of Section 65852. 1 and 65852. 2 [ now codified as Chapter 13 of Division 1 of Title 7, Section 66310 — 66342] of the Government Code as set forth in Section 21080. 17 of the Public Resources Code."
WHEREAS, the Planning Commission of the City of Agoura Hills considered the proposed ordinance at a public hearing held on October 16, 2025 at 6: 00 p. m. Notice of the time, date and means of participation in, and purpose of the aforementioned hearing was duly given and published as required by state law.

WHEREAS, the evidence, both written and oral, was duly presented to and considered by the Planning Commission of the City of Agoura Hills at the foresaid public hearing.

WHEREAS, after the close of the public hearing, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, the recommendations, and all other pertinent documents and associated actions regarding the proposed ordinance amendment.

WHEREAS, the Planning Commission finds the proposed ordinance would be consistent with the objectives of Article IX ( Zoning) of the Agoura Hills Municipal Code and with the City General Plan. The Ordinance supports Goal H- 3 of the General Plan Resolution No. 25- 1307

Housing Element, which promotes providing a variety of housing options to meet the diverse lifestyle needs and income levels of Agoura Hills residents. In particular, the Ordinance advances Policy H- 3. 5 by encouraging the development of new accessory dwelling units ( ADUs) and junior accessory dwelling units ( JADUs) across all residential zones, helping to distribute smaller, more affordable housing units throughout the community.

Section 1. Based on the aforementioned findings, the Planning Commission hereby recommends the City Council adopt "AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF AGOURA HILLS, CALIFORNIA, AMENDING ARTICLE IX ( ZONING) OF THE

AGOURA HILLS MUNICIPAL CODE TO REPEAL AND REPLACE THE ADU REGULATIONS IN SECTION 9283, AMEND RELATED DEFINITIONS IN SECTION 9120 CONSISTENT WITH STATE LAW, AND AMEND SECTION 61005 TO CLARIFY SHORT- TERM RENTAL PROHIBITIONS; AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA)" attached hereto as Exhibit A.

Section 2. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and this certification to be entered in the Book of Resolutions of the Planning Commission of the City. wit:

PASSED, APPROVED, and ADOPTED this 16th day of October by the following vote to AYES: 5) Roth, Reinhardt, Platzer, Sharon, Stein
NOES: 0)
ABSENT: 0)
ABSTAIN: 0)
Morgan Roth, Chairperson
ATTEST
Robby Nesovic, Secretary

EXHIBIT A
DRAFT ORDINANCE NO. 25-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AGOURA

HILLS, CALIFORNIA, AMENDING ARTICLE IX ( ZONING) OF THE

AGOURA HILLS MUNICIPAL CODE TO REPEAL AND REPLACE THE
ADU REGULATIONS IN SECTION 9283, AMEND RELATED
DEFINITIONS IN SECTION 9120 CONSISTENT WITH STATE LAW, AND AMEND SECTION 61005 TO CLARIFY SHORT- TERM RENTAL
PROHIBITIONS; AND MAKING A DETERMINATION OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA)
WHEREAS, the California Legislature has adopted Senate Bill 477 ( 2024), an urgency statute that repealed and replaced Government Code Sections 65852.2, 65852.22, and related provisions governing accessory dwelling units ( ADUs) and junior accessory dwelling units ( JADUs); and
WHEREAS, SB 477 consolidated and reorganized the State' s Accessory Dwelling Unit ( ADU) and Junior Accessory Dwelling Unit ( JADU) laws into Chapter 13 commencing with Section 66310) of Division 1 of Title 7 of the Government Code, now codified as Government Code Sections 66310 through 66342; and WHEREAS, these statutory changes require all California cities, including charter cities, to amend their local ADU ordinances to ensure consistency with the updated state framework and avoid statutory preemption; and
WHEREAS, on August 25, 2021, the City Council of the City of Agoura Hills adopted Ordinance No. 21- 456, updating local standards for ADUs in accordance with then -existing provisions of Government Code Sections 65852. 2 and 65852. 22; and WHEREAS, the amendments to state law enacted since 2021 have rendered portions of the City' s existing ADU ordinance obsolete, necessitating its repeal and replacement to maintain compliance with current state requirements; and WHEREAS, the City Council desires to adopt updated ADU regulations that align with Government Code Sections 66310 through 66342, while also preserving local objectives related to neighborhood character, infrastructure capacity, and the City' s General Plan goals; and
WHEREAS, the updated ordinance reflects the City's commitment to supporting housing affordability, infill development, and sustainable land use in a manner consistent with state law and local priorities; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 16, 2025 to consider the proposed Ordinance as required by law, at which the Planning Commission received testimony from City staff and all interested parties regarding the proposed Municipal Code amendments. Following the close of the public hearing the Planning Commission adopted Resolution No. 25- recommending approval of the Ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on received public comment, considered the staff report and recommendations, and finds that the adoption of this Ordinance is in the interest of public health, safety, and welfare and consistent with the City's General Plan and Housing Element.

NOW, THEREFORE, the City Council of the City of Agoura Hills, California hereby ordains as follows:

Section 1. The facts set forth in the recitals of this Ordinance are true and correct.

Section 2. The proposed Ordinance aligns with the objectives of Article IX Zoning) of the Agoura Hills Municipal Code and is consistent with the City's General Plan.

It supports Goal H- 3 of the General Plan Housing Element, which promotes providing a variety of housing options to meet the diverse lifestyle, needs and income levels of Agoura Hills residents. In particular, the Ordinance advances 'Policy H- 3. 5 by encouraging the development of new accessory dwelling units ( ADUs) and junior accessory dwelling units JADUs) across all residential zones, helping to distribute smaller, more affordable housing units throughout the community.

Section 3. Zoning Code Amendment. The definitions of " Accessory dwelling unit" and " Junior accessory dwelling unit" in Sections 9120. 1 ( A) and 9120. 5 ( E) of Part 3 Definitions) of Chapter 1 ( Introduction) of Article ( IX) Zoning of the Agoura Hills Municipal Code are hereby amended to read as follows, with deleted language shown in strut and new language shown in underline; with all other definitions to remain unchanged:

Accessory dwelling unit. " Accessory dwelling unit" or " ADU" means a detached or attached residential dwelling unit that provides complete, independent living facilities for one ( 1) or more persons and is located on a lot with a proposed or existing primary residence. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family or multifamily dwelling is or will be situated. An ADU also includes the following:

1. An efficiency unit, as defined by Section 17958. 1 of the California Health and Safety Code and the California Building Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code."
Junior accessory dwelling unit. "Junior accessory dwelling unit" or " JADU" means a unit that is no more than five hundred ( 500) square feet of interior livable space in size and contained entirely within a single-family residence, eXGl ding an attached gaFage. Ajunior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit must have exterior access that is independent of that for the single- family dwelling." Section 4. Zoning Code Amendment. Paragraph " A" of Section 61005 Prohibitions) of Chapter 10 ( Short- term rental regulations) of Article VI ( Taxes; Licenses; Business Regulations) of the Agoura Hills Municipal Code is hereby amended to read as follows, with deleted language shown in stFikeut and new language shown in underline; with all other provisions of that section to remain unchanged;

A structure may not be used as a short-term rental unit if it is subject to use limitations imposed by any applicable law, the nr^ norty has a rnnnrded nnmrn + rin+ inn nr agreement restFin±inn its „sn, including but not limited to accessory dwelling units ADU), junior accessory dwelling units (JADU), units constructed under the provisions of Senate Bill 9, and affordability covenants." Section

5. Zoning Code Amendment. Sections 9283 - 9283. 6 of Part 9 (Special Residential Use Standards) of Chapter 2 (Residential Land Use Districts) of Article IX Zoning) of the Agoura Hills Municipal Code are hereby repealed and replaced in their entirety with the following: 9283.

Accessory dwelling units and junior accessory dwelling units: Purpose. This section provides standards for the development and maintenance of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in accordance with Chapter 13of the California Government Code (Sections 66310 — 66342). 9283.
1 ADUs and JADUs: Approval timeline. An
application that contains all required information listed on the City' ssubmittal checklist for ADUs and JADUs shall be processed within the following timelines: A.

Completeness. An application for an ADU or _JADU shall be reviewed for completeness bythe community development director (or the director' sdesignee) in accordance with the deadlines and procedures identified in state law. B.

Approval. An application for an ADU or JADU shall be ministerially approved bythe community development director (or the director' s designee) within sixty (60) days after receipt of a complete application consistent with state law, if all objective criteria has been met. C.

Notice of Inconsistency. If an application for an ADU or JADU is denied, the Community Development Director ortheir designee shall provide the applicant with a written notice of inconsistency within sixty (60) days after receipt of a complete application.

The notice shall include adetailed list of defects or deficiencies inthe application and describe how the application may be corrected or brought into compliance, consistent with state law. D.

Delayed Action. When an application to create an ADU or JADU is submitted concurrently with an application for a permit to construct anew single- family or multi - family dwelling on the same lot, the City may defer action on the ADU or JADU application until a decision is made on the primary dwelling permit. Notwithstanding such deferral, the ADU or JADU application shall be considered ministerially, without discretionary review or a public hearing. 9283. 2 State Exempt ADUs and JADUs State -
exempt ADUs and JADUs are those that meet the specific criteria set forth in California Government Code Section 66323 and Article 3 (commencing with 66333. All ADUs and JADUs that meet the criteria for state exemption shall be permitted ministerially subject tothe following requirements. Page
3of 9 Ord. No. 25-
A. Permitted locations. ADUs and JADUs are permitted in any zoning designation where residential development is allowed ( including mixed -use zones), except that JADUs are only permitted on lots with existing or proposed single-family residences.

B. Code Compliance. ADUs and JADUs shall comply with all applicable building, fire, and health safety codes, as permitted under state law.

C. Rental term. All ADUs and JADUs approved under this section shall not be rented for less than 30 days.

D. Sale or conveyance.

1. A JADU shall not be sold or otherwise conveyed separately from the singlefamily residence.

2. Except as otherwise allowed by Government Code section 66341, an ADU shall not be sold or otherwise conveyed separately from the primary dwelling of a single- family lot or, in the case of a multi -family lot, from all dwellings on that lot.

E. Owner -occupancy for JADUs. The property owner shall reside in the JADU or the remaining portion of the dwelling, unless the owner is another governmental agency, land trust, or housingorganization. Owner occupancy is not required for approved ADUs. F.

Deed restrictions for JADUs. A'declaration of restrictions, approved by the City Attorney, shall be recorded by the property owner, against the title of the property, in the County Recorder's office. A copy of the recorded document shall be filed with the Community Development Department, prior to the issuance of a Certificate of Occupancy. The declaration of restrictions shall specify the size and attributes of the JADU, and places the 'following restrictions on the property, the property owner, and all successors ininterest: 1.

The JADU shall be rented only for terms longer than thirty (30) consecutive days;

2. The JADU

3. shall not be sold or conveyed separately from the primary residence; The property owner (other than agovernmental entity, land trust, or housing organization) shall reside in either the JADU or in the remaining portion of the single- family residence; 4.

The JADU and the property shall be maintained inaccordance with all applicable laws, and 5.

Any violation will be subject topenalties as provided inthe Municipal Code G.

Utility connections and related impact fees. 1.

State - exempt ADUs and JADUs are not required to have anew or separate utility connection directly between the ADU or JADU and the utility, except that ADUs constructed concurrently with a new single- family dwelling, or Page 4of 9 Ord. No. 25-
ADUs conveyed separately pursuant to state law, shall be subject to standard utility connection requirements and associated fees.

2. If the ADU will use a private sewage disposal system, the property owner shall obtain approval by the local environmental health officer prior to receiving approval from the City.

3. The city shall not impose any development impact fees upon the development of an accessory dwelling unit with seven hundred fifty ( 750) square feet of interior livable space or less. Any development impact fees charged for an accessory dwelling unit that has more than seven hundred fifty ( 750) square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling.

H. If an automatic sprinkler system is required for the primary residence, the ADU or JADU shall also have an automatic sprinkler system.
9283. 3 All Other ADUs
All ADUs that do not meet the specific criteria set forth in California Government Code Section 66323 ( Non- exempt ADUs) are subject to additional local development standards as provided in this section.

A. Permitted Locations. ADUs are permitted in any zoning designation where residential development is allowed.

B. Lot size. All new ADUs are exempt from compliance with the minimum lot size requirements.

C. Lot coverage. All new ADUs shall conform to the lot coverage requirements for the zoning district in which the ADU is located.

D. Size. The maximum gross floor area of any new ADU shall not exceed the following:

1. New detached ADU: Up to eight hundred fifty ( 850) square feet of interior livable space for a studio or one ( 1)- bedroom unit; or one thousand ( 1, 000) square feet of 'interior livable space for an ADU with more than one ( 1) bedroom.

2. New attached ADU: Up to eight hundred fifty ( 850) square feet of interior livable space for studio or one ( 1)- bedroom unit; or one thousand ( 1, 000) square feet of interior livable space for an ADU with more than one ( 1) bedroom; or fifty ( 50) percent of the primary residence' s living area, whichever is less.

E. Conversion of existing legally established accessory structures: An ADU that involves the conversion of a legally established accessory structure, but does not qualify as a state -exempt ADU under Government Code Section 66323, may occupy the full area of the existing structure. Any expansion beyond the existing structure shall comply with this section and shall not result in an ADU exceeding 1, 000 square feet of interior livable space in total floor area.

F. Height. The maximum height of any new ADU shall not exceed the following:

1. New detached ADU: A new detached ADU shall not exceed a roof peak height of sixteen ( 16) feet above grade or up to eighteen ( 18) feet as allowed by Government Code 66321( b)( 4).

2. New attached ADU: A new attached ADU shall not exceed the height limit applicable to the primary residence or twenty-five ( 25) feet above grade, whichever is less.

G. Setbacks. An ADU shall comply with all front yard setback requirements applicable to the lot's primary residence. Unless otherwise provided in this section, any new attached or detached ADUs shall have a minimum setback of four ( 4) feet from the rear property line and four (4) feet from the side property line.

1. Notwithstanding these provisions, in the Old Agoura Design Overlay District, a detached ADU may be erected in the required minimum front yard provided it does not exceed more than twenty-five ( 25) percent of the minimum required front yard.

2. Notwithstanding the above, no setback shall be required for an ADU that is within an existing structure or constructed in the same location and within the same dimensions as an existing legally established structure.

3. A detached ADU must maintain a ten ( 10)- foot separation from any primary dwelling unit on the lot.

H. Design and other improvements.

1. The ADU' s exterior building materials, colors, and finishes shall match those of the primary dwelling.

2. All exterior light fixtures on the ADU shall be fully shielded and directed downward to prevent light spillover onto adjacent properties and residential structures.

3. All exterior equipment associated with the ADU shall comply with the requirements in section 9606. 1.

4. If an automatic sprinkler system is required for the primary residence, the ADU shall also have an automatic sprinkler system.

5. Attached ADUs shall have exterior access that is independent from the primary dwelling. No internal access between the attached ADU and the primary residence is allowed.

6. ADUs shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code or California Residential Code.

I. Parking requirements. One ( 1) off-street parking space shall be provided for an ADU, in addition to the parking required for the primary residence. No parking shall be required for a JADU. The required parking space for the ADU may be provided as tandem parking on an existing driveway.

1. Parking exemption. Notwithstanding all applicable parking requirements, no additional parking spaces are required for an ADU meeting the criteria of California Government Code Section 66322( a).

2. Replacement parking. When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction an ADU or is converted into an ADU, replacement parking for the primary dwelling unit shall not be required.

J. Horse -keeping area. To endeavor to minimize impacts of ADUs on horse keeping uses located in the Equestrian Overlay Zone, notwithstanding section 9592( a), the community development director shall have the discretion to make the minimum horse keeping area optional if the size of the lot is under ten thousand eight hundred ninety ( 10, 890) square feet or if the lot has an average slope over twentyfive ( 25) percent.

K. Notwithstanding the standards pertaining to allowable lot coverage, allowable site coverage, minimum front yard setback distances, and minimum horse -keeping area, one ( 1) ADU up to 800 square feet in gross floor area, with a height up to sixteen ( 16) feet from above grade, and at least four (4)- foot side and rear yard setbacks shall be allowed, pursuant to Government Code 66321.

L. Rental Term. The ADU shall not be rented for less than 30 days. Short- term rentals of fewer than 30 days are prohibited.

M. Sale or Conveyance. Except as otherwise required by Government Code section 66341, an ADU shall not be sold or otherwise conveyed separately from the primary dwelling of a single- family lot or, in the case of a multi -family lot, from all dwellings on that lot.

N. Very High Fire Hazard Severity Zones. Detached ADUs in Very High Fire Hazard Severity Zones shall maintain a minimum ten ( 10)- foot separation from other structures, unless doing so would preclude the construction of an ADU up to eight hundred ( 800) square feet of interior livable space with four ( 4)- foot side and rear yard setbacks, in which case reduced separation shall be allowed if the ADU complies with applicable California Building Code fire -resistance standards.

O. Utility connections and related impact fees.

1. Non- exempt ADUs require a new, separate sewer connection directly between the ADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the gross floor area or the number of drainage -fixture unit ( DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

2. If the ADU will use a private sewage disposal system, the property owner shall obtain approval by the local environmental health officer prior to approval from the City.

3. The city shall not impose any development impact fees upon the development of an accessory dwelling unit seven hundred fifty (750) square feet of interior livable space or less. Any development impact fees charged for an accessory dwelling unit that has more than seven hundred fifty (750) square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling." Section 6. California Environmental Quality Act ( CEQA). Pursuant to the California Environmental Quality Act, City staff determined that the adoption of the proposed Ordinance is exempt from environmental review under CEQA pursuant to Public Resource Code Section 21080. 17, and Title 14, Section 15282( h) of the California Code of Regulations, which apply to " The adoption of an ordinance regarding second units in a single- family or multifamily residential zone by a city or county to implement the provisions of Section 65852. 1 and 65852.2 [ now codified as Chapter 13 of Division 1 of Title 7, Section 66310 — 66342] of the Government Code as set forth in Section 21080. 17 of the Public Resources Code."
Section 7. Severability Clause. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person 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 8. Effective Date. This Ordinance shall take effect thirty ( 30) days after passage..

Section 9. 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 poste din the manner require by law.

PASSED, APPROVED, AND ADOPTED this
following vote to wit.

AYES:

NOES:

ABSENT.

ABSTAIN:

ATTEST.

Kimberly M. Rodrigues, MMC, City Clerk
APPROVED AS TO FORM:

Candice K. Lee, City Attorney
day of , 2025, by the
Penny Sylvester, Mayor

State-exempt ADUs (Accessory Dwelling Units) (Government Code § 66323)

1. Junior ADU (JADU)
a. Not more than 500 sq. ft. contained entirely within the SFD (including attached garages)
b. May include separate sanitation facilities or shared with main residence i. If shared, access to the interior of the main residence is required. c. A separate entrance from the main entrance of the existing or proposed SFD is required.

2. Conversions on Single-Family lots. One ADU and JADU within the proposed or existing space of a single-family dwelling (SFD), or accessory structure and may include an expansion of 150 sq. ft. of less to accommodate for ingress/egress a. Space has exterior access from the proposed or existing SFD b. Side and rear setbacks sufficient for fire and safety

3. New detached ADU on Single-Family Lots. One detached, new construction ADU on a lot with a proposed or existing SFD (Can be combined with a JADU). a. 800 sq. ft. max.
b. Side and rear yard setbacks of at least 4 ft.
c. Height: 16 ft maximum, and an allowance of an additional two feet to accommodate the roof pitch on the ADU that aligns with the roof pitch of the primary dwelling

4. Conversions on Multi-Family lots. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. The applicant may build at least one ADU within an existing multifamily dwelling, and up to the number of ADUs that equals twenty-five (25) percent of the existing number of multifamily dwelling units in the structure.

5. New detached ADUs on Multi-Family Lots.
a. Existing Multi-family dwelling - Not more than eight (8) detached ADUs, but not to exceed the number of the existing units on the lot i. Side and rear setbacks of at least 4 ft.
ii. Height: 16 ft max. or 18 ft. if the existing multi-family dwelling is multi-story
b. Proposed Multi-family dwelling – Not more than two detached accessory dwelling units
i. Side and rear setbacks of at least 4 ft.
ii. Height: 16 ft max. or 18 ft. if the proposed multi-family dwelling is multi-story

REPORT TO CITY COUNCIL
DATE: NOVEMBER 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: ROBBY NESOVIC, PRINCIPAL PLANNER
SUBJECT:

CONDUCT A PUBLIC HEARING, WAIVE FULL READING, AND INTRODUCE A PROTECTED TREE

ORDINANCE
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 Attachment 1.

The Ordinance was presented to the LUEDC on September 29, 2025, where the subcommittee provided input to staff. The LUEDC was supportive of the Ordinance and some minor changes were incorporated to address their comments.

At the regularly scheduled Planning Commission meeting on October 16, 2025, the Planning Commission recommended approval of the Ordinance with a 5-0 vote following the public hearing. One suggestion made by a few of the Planning Commissioners was to consider eliminating or reducing permit fees for General Tree Permits.

Staff noted that the City Council could consider fee reductions by separate resolution after a fiscal analysis of the impact on the City's adopted Budget. The Planning Commission Resolution and the Ordinance are Attachments 2 and 3.

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 9657.4, page 6).

Hazardous Tree Permits - Situations in which a protected tree is considered hazardous and must be removed for safety purposes (Section 9657.5, page 8).

Development Tree Permits - New construction projects that will impact or have the potential to impact protected trees (Section 9657.6, page 10).

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 9657.4, which contains all applicable regulations for General Tree Permits. The same goes for Hazardous 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.

The amount of information in the current guidelines is overwhelming to applicants and even consultants. The Ordinance was condensed to contain only objective information related to the permit process, application materials, mitigation requirements, monitoring requirements, and standards of work.

Planning Principle # 2 Analysis: Too Punitive, With No Incentives 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 (9657.8). The following incentives are proposed:

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.

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 City plans to implement a Tree Grant Program that would provide free protected trees to local property owners paid for through mitigation funds. Landmark tree plaques could also be provided to property owners that maintain landmark oak trees.

Processing procedures for General Tree Permits have been simplified, further incentivizing compliance with protected tree regulations. Currently, 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 a 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:

Increased permit fees to account for code enforcement time spent (adopted via separate resolution) 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 staff is working to create 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 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 the 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 10% of the total DSH removal will require a variance, and scaling mitigation would be required based on the percentage of DSH removed. 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, it would require a variance and they would need to plant six 36-inch box trees since they are at the 20% removal percentage.

If the same developer needed to remove three 20-inch box trees, they would need a variance and 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; the California sycamore and the Southern California black walnut. With the addition of two new tree species, we needed to modify our definition of what constitutes a "protected tree".  Currently, the City protects all oak trees that are two inches or more in diameter. This is an extremely low bar for protection, as trees that small provide little or no environmental value. The Ordinance proposes a new 6-inch threshold for protection, which is more practical and is about the size when trees start to provide more significant value to the environment. The new definition for "protected tree" is proposed as follows:
"Protected Tree. All scrub oak species regardless of size and all of the following species of trees with a DSH that measures 6 inches or greater are considered protected trees: California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species." 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 R 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, variance
and additional mitigation required. Scaling
mitigation for over 20% DSH removal.

DSH is more
retention o
mitigation
protection
P
Removal Limits for
Individual Trees
Mitigation shall be provided for any
encroachment greater than 20%
into the TPZ or canopy.

If TPZ encroachment exceeds 10%, the
tree 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 stan
trees to be
Canopy or roo
against the dev
determines tha
result of the ac
P
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 mitiga
and number of
flexibility whil
fewer remo
mitigation for
possible when
as larger nurse
areas with
Consistent wit
Scrub Oak Mitigation Not explicitly stated.

Objective replacement requirements for
Development Tree Permits based on square
footage removed, with scaling mitigation.

Scrub oaks ar
new developm
shrubs that o
spaces. Howev
have their o
because the ra
based on sq
number of in
Consistent wit
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 ma
not necessary
Tree Perm
expedite prote
costs, with
Consistent
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
pruning of mu
one tree. It is i
Permits to
removal, as tho
taken as part
would be a
makes sense
of General
cumbersome a
of a directo
Permits as it
wait through th
work. Consiste
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 shoul
tree happens
their fault. W
removal of de
allows some
that conflict wi
too onerous o
with P
Protected Trees All oak trees
Oaks, California sycamore, Southern
California black walnut Consistent
Planting Incentives None.
(1) Registered plantings - exemptions for
new, non-required plantings; (2) Reduced
fees for modifications and variances for
avoidance of protected trees. (3) Tree grant
program and landmark tree plaques will be
initiated separately from the ordinance.

Consistent
Compliance
Incentives
Punitive action.  Punitive action and company registrations to encourage compliance.

An education
care compani
with the munic
companies
website and
Pla
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
protection, as
any significa
benefit. Regist
to encourage
Consistent
Permit Types
Administrative or Planning
Commission Approvals
General Tree Permits; Hazardous Tree
Permits; Development Tree Permits
Separating pe
and distinct
activity all
Ordinance mor
straightforward
type without ov
with Pla
Hazardous Tree
Permit Threshold
Only immediately hazardous or
dead trees may be removed under
an Hazardous Tree Permit.

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

This change is
be able to ass
facing loss o
trees encroa
further burde
mitigation re
Permits do no
believes the la
director eno
whether the re
by case bas
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 protected trees during
construction.

Monitoring re
that mitigatio
approval are m
out several p
treatment
ordinance, as t
project-specifi
approval for t
Staff will still a
of approval p
transparenc
P
Required Findings Findings different for
administrative vs. PC approvals
Findings different for General, Emergency,
and Development Tree Permits.

Finding sectio
same, but a few
clarity and l
General, Emer
Permit type
P
Appendix A (Oak
Tree Preservation
Guidelines)
Exists Removed
The guideline
conflict with Se
The Ordinance
regulations a
regulations. M
from the guid
Ordinance. Con
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
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
In summary, staff believes that the 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.

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 City Council conduct a public hearing, waive full reading and introduce Ordinance No. 25- 482; 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, include the California sycamore and Southern California black walnut as protected trees, and make other amendments; and making a determination of exemption under the California Environmental Quality Act (CEQA).

Attachments
Planning Principles.pdf
Planning Commission Resolution No. 25-1308.pdf
Ordinance No. 25-482.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. 25-482

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, INCLUDE THE CALIFORNIA

SYCAMORE AND SOUTHERN CALIFORNIA BLACK WALNUT AS
PROTECTED TREES, AND MAKE OTHER AMENDMENTS; AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
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, 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 environmental and healthful value to the citizens of Agoura Hills;
WHEREAS, this Ordinance would provide environmental and healthful value to the City by: 1) increasing long-term canopy coverage; 2) reducing the urban heat island effect; 3) improving air quality by absorbing pollutants; 4) supporting biodiversity and habitat for wildlife; 5) combatting climate change by storing carbon dioxide and producing oxygen; 6) reducing noise pollution by serving as a noise buffer; 7) protecting people from ultraviolet rays; 8) conserving energy and reducing energy demand; 9) saving water by slowing water evaporation from other thirsty landscaping by providing shade; and 10) enhancing mental and physical health.

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 consistent 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 Policies NR-4.10 and S-19.1, which aim 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 amended in its entirety to read as follows:
“DIVISION 7. – PROTECTED TREE PRESERVATION REGULATIONS
9657 – Definitions.

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

A. Certification Letter. A letter certifying that work was performed under the direct supervision of a Tree Consultant and that said work fully complies with the conditions of approval of the Protected Tree Permit and this Division.

B. Crown. The total collection of a tree’s branches, leaves, and reproductive structures.

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

D. Dead Tree. A tree that does not contain any live tissue (i.e., green leaves or live limbs). Because valley oak (Quercus lobata) and California sycamore (Platanus racemosa) are deciduous trees and are dormant in the winter, their 3 status must be confirmed by the City's Tree Consultant before being declared dead.

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

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

G. 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 (obtained by measuring each stem’s diameter, squaring them, summing the squares, and taking the square root of that total).

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

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

J. Effective Removal. Any action that results in the tree’s permanent disfigurement, destruction, or removal.

K. Encroachment. Any intrusion into the tree protection zone (TPZ) of a tree; including pruning, grading, excavating, trenching, installment of structures, driving vehicles, etc.

L. 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.

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

N. Landmark Tree. Any protected tree with a DSH that measures 48 inches or greater.

O. Lion Tailing. The improper pruning of excessive amounts of inner and lower branches, leaving foliage primarily at the ends of branches and susceptible to breakage.
4 P. Protected Tree. All scrub oak species regardless of size and all of the following species of trees with a DSH that measures 6 inches or greater are considered protected trees: California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species.

Q. Tree Consultant. An individual or firm with a degree or experience in arboriculture, including experience in monitoring and maintaining the health of trees. The 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 Tree Consultant at the discretion of the City.

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

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

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

U. 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.

V. 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 do not constitute routine maintenance and are prohibited under any circumstances.

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

X. 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.
5 9657.1. – Protected Tree Permit required.

Except as otherwise provided in Section 9657.2, 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. 9657.2. – Exemptions.

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

A. Small Trees: On private property, trees with a DSH smaller than 6 inches for the following species of trees: California sycamore (Platanus racemosa), Southern California black walnut (Juglans californica), or any oak (Quercus) species. Trees planted for the purpose of City-required mitigation and scrub oak species are not exempt and must comply with the permit requirements of this chapter.

B. Emergencies: If upon a visual inspection, a protected tree is determined to be in a hazardous or dangerous condition by the City, any member of a law enforcement or public safety agency, or the Los Angeles County Fire Department, that agency 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 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 of trees as defined in Section 9657.

D. Nurseries Trees: Protected trees 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 smaller than 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 9657.8.
6 9657.3. – 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: General Tree Permits shall be required for 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 new development or Hazardous Tree Permits. Most tree pruning work falls under a General Tree Permit.

B. Hazardous Tree Permit: Hazardous Tree Permits shall be required in those situations in which a protected tree is hazardous and must be removed for safety purposes.

C. Development Tree Permit: Development Tree Permits shall be required for new construction projects that directly impact protected trees or propose ground disturbance activities within 25 feet of a protected tree, as measured from the edge of the TPZ.
9657.4. – General Tree Permits.

Required materials, processing procedures, and other requirements for General Tree Permits are set forth below.

A. Application materials. An application package for a General Tree Permit shall include the following for the application to be considered complete and processed:

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 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. 7 4. Fees. Fee amounts for General Tree Permits shall be established by City Council resolution and are required to be paid upon the submittal of a General Tree Permit application.

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 are set forth in Section 9657.6.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 are set forth in Section 9657.6.A.5.

B. Application process. After the applicant has submitted all required materials listed above, the City will review the application materials for accuracy and completion, and inspect the project site, if necessary, within 30 days of submittal of a complete application.

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. Photos of the completed work shall be provided to the City within five days of completion.

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

3. For all other activities completed under a General Tree Permit, a site inspection may be required to confirm the site conditions stated in the application, or if the activity proposed has the potential to damage a protected tree, as determined the City.

C. Required findings. After receiving all of the required information, a General Tree Permit application shall be approved when at least one of the following findings can be made:

1. The proposed work will not significantly affect the long-term condition of the protected tree(s), as determined by the City’s Tree Consultant;

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

3. The protected tree(s) conflicts with existing infrastructure and no reasonable mitigation efforts can be taken to repair or prevent the damage and preserve the tree.
8 D. Mitigation. One 24-inch box of the same species shall be planted for protected trees removed pursuant to Section 9657.4.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 mitigate for the death, removal, or damage of the protected tree(s) as specified in Tables 1 and 2 of Section 9657.6.D.

E. Approval body. The Director shall review and approve or deny 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 of approval may include, but are not limited to, the following:

1. The planting of replacement trees on-site 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 180 days after the date of approval.
9657.5. – Hazardous Tree Permits.

Required materials, processing procedures, and other requirements for Hazardous Tree Permits are set forth below.

A. Application materials. An application package for a Hazardous Tree Permit shall include the following in order for the application to be considered complete and processed:

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 Tree Consultant stating the justification for planned actions involving protected trees;
9 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. Fee amounts for Hazardous Tree Permits shall be established by City Council resolution and are required to be paid upon submittal of a Hazardous Tree Permit application. If the City confirms that the tree is dead or hazardous, application fees for the Hazardous Tree Permit shall be waived and refunded;
B. Application process. After the applicant has submitted all required materials, the City 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 shall review and approve or deny Hazardous Tree Permit applications.

D. Required findings. After receiving all required information, a Hazardous Tree Permit application shall be approved if the following finding can be made:

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

E. Mitigation. Mitigation shall not be required for Hazardous 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 mitigate for the death, removal, or damage of the protected tree(s) as specified in Tables 1 and 2 of Section 9657.6.D.

F. Decision. Depending on if the required criteria has been met, an application may be approved, conditionally approved, or denied. For Hazardous 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-site 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).
10 9657.6. - Development Tree Permits.

Required materials, processing procedures, and other requirements for development tree permits are set forth below.

A. Application materials: An application package for a Development Tree Permit shall include the following in order for the application to be considered complete and processed;

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 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 Tree Consultant are required for Development Tree Permits. The site plan map must depict the protected tree(s)’ 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 (including trees that are partially 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, so long as the proposed development activity has not changed.

The date of protected tree data collection must be within one year of the date of preparation.

5. Protected Tree Report. Protected Tree Reports prepared by the applicant’s 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.
c. Any off-site protected trees within 25 feet of proposed ground disturbance activities, as measured from the edge of the TPZ. 11 d. 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. e. Discussion of proposed tree protection measures during site development, including but not limited to protective fencing, arborist monitoring, and construction techniques within the TPZ (digging by hand).
f. Tree Replacement Plan if applicable, including number of replacement trees, species, container sizes, and planting locations (see Section 9657.6.D for tree replacement requirements).
g. The following data for each protected tree:
(1) Species (botanical and common name).
(2) DSH.
(3) Tree height.
(4) Tree crown extent from the trunk to the edge of the dripline to the compass directions of north, south, east, and west.
(5) 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.
(6) 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.
(7) Pictures of the tree in its entirety. Pictures of multiple trees are permissible when it is not feasible to take individual pictures of trees. (8) 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.
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, the City will review the application materials for accuracy and completeness 12 concurrently and in the same manner as the development application and inspect the project site as necessary.

C. Removal limits. Development Tree Permits shall comply with the removal limits set forth below.

1. All scrub oak removals shall not exceed 10 percent of the total square footage of scrub oaks on the lot unless a variance is approved pursuant to Section 9676.2.C. In addition, increased mitigation shall be required if more than 10 percent of the total square footage of scrub oaks are removed, as shown in Section 9657.6.D, Table 1.

2. All other protected tree removals shall not exceed 10 percent of the total DSH of the protected trees on the lot unless a variance is approved.

3. If a project proposes to remove more than 10 percent of the total DSH of protected trees on a lot, a variance and increased mitigation shall be required based on the total proposed removal percentage as shown in Tables 1 and 2 of Section 9657.6.D.

4. For proposed TPZ encroachment that exceeds 10 percent, 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 10 percent TPZ encroachment threshold.

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

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 or fire safety requirements physically preclude a developer from planting all of the required replacement trees onsite, the developer may propose off-site tree plantings in the same ratio as described below, or payment of in-lieu fees established by City Council resolution for each tree that is not able to be planted on-site. 13 Table 1: Scrub Oak Mitigation Requirements
Scrub Oak Species
Square Footage to be Removed Required Replacement Square Footage* Less than 10% of total scrub oak Equal to square footage removed 10% - 20% of total scrub oak One and one half (1.5) times the square footage removed
Greater than 20% of total scrub oak 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;
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’s Tree Consultant for (5) years following the completion of construction activities.
14 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 9657.6.D, Tables 1 and 2.

3. Monitoring reports shall be completed annually by the applicant’s 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. Standards for performance of required work. Following the approval of a Development Tree Permit, all work shall comply with the applicable standards set forth below

1. Protective fencing. A minimum five-foot high chain link fence with dark green mesh will be required to be installed at the outermost edge of the TPZ of each protected tree or group of protected trees. A fencing plan showing that the location, materials, and height of all proposed fencing comply with the requirements of this section shall be submitted by the developer and approved by the City prior to the issuance of a building permit. All required fencing shall be installed consistent with the approved fencing plan prior to the commencement of work. Prior to the removal of the protective fencing, the developer shall contact the City to perform a final inspection. Fencing requirements for individual protected trees may be waived by the City if no construction-related activities or disturbances are proposed within 25 feet of the TPZ.

2. Work within the TPZ. All work conducted within the TPZ shall be performed in the presence of the applicant's Tree Consultant. The applicant’s Tree 15 Consultant shall submit certification letters for all work completed within the TPZ of a protected tree within five working days of the completion of said work.

The letter(s) shall describe all work performed, methods utilized, monitoring performed, whether such work was completed in accordance with all conditions of approval.

3. Hand tools. All work within the TPZ of a protected tree shall be accomplished using only hand tools.

4. Root pruning. All equipment used to prune protected tree roots shall be cleaned prior commencement of work. All root pruning shall consist of clean cuts at a forty-five degree angle with the cut surface facing downward.

5. Activity within the TPZ. No vehicles, equipment, materials, litter, or other items shall be used or placed within the TPZ of a protected tree at any time except as specifically required to complete approved work.

6. Herbicide. No herbicide shall be used within 100 feet of the TPZ of a protected tree.

7. On-site documentation. The following information shall be located and retained on the site for the duration of construction activities. a. Approved Protected Tree Report, Site Plan Map, Fencing Plan, and Protected Tree Permit.
b. Approved development plans.
c. Approved grading plans, if applicable.
d. Approved landscape plans, if applicable.
e. Protected tree regulations.

G. Approval body. A development tree permit shall have the same approval body as the associated development entitlements.

H. Required findings. After receiving all required information, a Development Tree Permit application shall be approved when all 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);
16 2. 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; and

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

I. Approval. An application shall be approved or conditionally approved if all the required findings can be made and shall be denied if any of the required findings cannot be made. Conditions of approval may include, but are not limited to, the following:

1. The planting of replacement trees on-site 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)
J. 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 filed within fifteen (15) calendar days of the decision to approve, deny, or conditionally approve the project. 9657.7. – Special Development Tree Permits.

This Section contains special Protected Tree Permit requirements for Affordable Housing Overlay (AHO) and Senate Bill 9 (SB 9) development applications. A Development 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. The Special Development Tree Permit required by this Section shall not be subject to the requirements of Section 9657.6, unless identified herein.

A. AHO projects.

1. Application materials. All application materials required for Development Tree Permits shall be provided as listed in Section 9657.6.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 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. 17 a. If proposed TPZ encroachment for an individual protected tree exceeds 20 percent, a monitoring program shall be required to evaluate the health of the tree for up to 5 years following the completion of work. Any protected tree that dies or significantly declines in health during the reporting period shall be replaced with one (1) 24-inch box replacement tree of the same species. Ground plane improvements shall not count towards the 20 percent 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. Total scrub oak removals shall not exceed thirty-five percent of the total square footage of scrub oaks on the project site. 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.

6. Alternative mitigation options. In cases where site conditions or fire safety requirements physically preclude a developer from planting all of the required replacement trees on-site, the developer may propose off-site tree plantings in the same ratio as described below, or payment of in-lieu fees established by City Council resolution for each tree that is not able to be planted on-site.

7. Monitoring requirements. On-site replacements and existing protected trees where TPZ encroachment exceeds 10 percent shall be monitored annually by the applicant’s 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. 18 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 9657.6.E.3.

8. Standards for performance of required work. All AHO projects shall comply with the standards for performance of required work for Development Tree Permits set forth in Section 9657.6.F.

B. SB 9 Projects.

1. Application materials. All application materials required for Development Tree Permits shall be provided as listed in Section 9657.6.A.

2. 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 9657.6.D, Tables 1 & 2.

3. Removal Limits. No SB 9 project shall remove more than 10 percent of the total DSH of protected trees or more than 10 percent of the total square footage of scrub oaks on a project site.
a. If proposed TPZ encroachment for an individual protected tree exceeds 10 percent, a monitoring program shall be required to evaluate the health of the tree for up to 5 years following the completion of work. Any protected tree that dies or significantly declines in health during the reporting period shall be replaced at the ratios specified in Tables 1 & 2 of Section 9657.6.D. Ground plane improvements shall not count towards the 10 percent TPZ encroachment threshold.

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

5. Alternative mitigation options. If providing all required replacements on-site is not possible or feasible due to site constraints, the developer may propose to plant off-site replacements or pay an in-lieu fee as established by City Council resolution.

6. Monitoring requirements. All monitoring requirements for Development Tree Permits as described in Section 9657.6.E shall apply to SB 9 projects. 19 7. Standards for performance of required work. All SB 9 projects shall comply with the standards for performance of required work for Development Tree Permits set forth in Section 9657.6.F.
9657.8. – Planting incentives.

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

A. 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. Applicants of Protected Tree Permits may not register required plantings or replacement plantings.

B. 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. 9657.9. – 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.
9657.10. – 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.
20 9657.11. – 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. Penalties.

1. Any violation(s) of any of the provisions of this Division and/or any failure to comply with any of its requirements shall be punishable as set forth in Chapter 2 (Penalties) and Chapter 5 (Administrative Citations) of Article 1 (General Provisions) of this Code.

2. In addition to the penalties and remedies contained herein, any violation of this Division caused or permitted to exist shall be and is deemed a public nuisance and may be summarily abated as such by the City in accordance with the nuisance abatement provisions set forth in Sections 5608 through 5622 of Chapter 6 (Nuisance Abatement) of Article V (Sanitation and Health) of this Code.

3. Each and every day during any portion of which any violation of any provision of this Division is committed, continued or permitted shall constitute a separate offense and shall be punishable accordingly.

B. Additional remedies. In addition to all available remedies permitted by federal, state, and local law, violations of this Division shall be subject to the following remedies:

1. Required mitigation. Mitigation trees in the size and amount specified by Section 9657.6.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.

2. 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 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. 21 3. 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 the City finds that the City-endorsed tree care company willfully violated the provisions of this Division.
9657.12 – 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.

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 amended in its entirety to read as follows:
“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 Development Tree Permit, subject to the applicable standards located in section 9657.7.”
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:
“9293.4. – Development standards for all projects.

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 22 Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

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.
23 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 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.
24 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.

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 25 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 Development Tree Permit, subject to the applicable standards located in section 9657.7.

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 deleted in its entirety.

Section 7. Zoning Code Amendment. Paragraph 6 of Subsection C 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 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 26 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 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 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 (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:
(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. 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.” 27 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:
“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.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 to read as follows, 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. 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. 28 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 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. 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. 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.
29 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.

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 F of Section 9120.5 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” to read as follows, 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.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 read as follows, 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 30 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.

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 outside 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.
31 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.”
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.”
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 “I” to add a definition for “tree protection zone” to read as follows:
“I. Tree protection zone (TPZ). Tree protection zone shall have the same meaning as defined in Section 9657.”
Section 18. Agoura Hills Municipal Code Amendment. Subsection (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 to read as follows, 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 32 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 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. 33 PASSED, APPROVED, AND ADOPTED this __
th 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 CITY COUNCIL
DATE: NOVEMBER 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: NATHAN HAMBURGER, CITY MANAGER
SUBJECT:

DISCUSSION TO CONSIDER AMENDING THE AGOURA HILLS MUNICIPAL CODE TO INCREASE

CITY COUNCIL SALARIES
In August 1983, the City adopted Ordinance No. 35, establishing the City Council salary at $150 per month. In 1986, Ordinance No. 113 was adopted, amending Ordinance No. 35, and consistent with state law, the City Council of the City of Agoura Hills (City) set the salaries for the City Councilmembers (Collectively "Council Members") as follows:

Article II, Chapter 9, Section 2900 of the Agoura Hills Municipal Code:
"Each member of the city council shall receive as salary the sum of three hundred dollars ($300.00) per month as set forth in Section 36516 of the
Government Code of the State of California for cities up to thirty-five thousand (35,000) in population. Such salaries shall be payable at the same time and
in the same manner as salaries are paid to other officers and employees of the city." The Council salary amount was statutorily based on the law at the time and was directly connected to the City's population that remains under 35,000 residents. There have been no increases in the monthly salary amount since 1986. The time commitment of the Council Members has drastically changed over the years with the numerous requests for attendance at more events and meetings. Beyond the regular business duties of the City (such as Council meetings, special Council meetings, various City subcommittees and various regional organization meetings), the Council Members attend a variety of community events and meetings (Home Owners' Associations, local organizations, school events, etc.), support and mentor local youth, participate in non-profit organization events in the evenings and on weekends beyond their daytime professional responsibilities.

In June 2023, the Governor signed Senate Bill (SB) 329, which amended Government Code Section 36516, increasing the maximum amount of monthly salary payable to Council Members of general law cities, such as the City of Agoura Hills. In enacting SB 329, the Legislature found that “[t]he compensation schedule for general law cities has not been adjusted since 1986, meaning that city council compensation has not kept pace with inflation,” and further found that “[a]llowing cities to adjust their compensation for inflation since 1986 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.” (SB 329, Section 1.) Under SB 329, maximum Council Member salary amounts remain tied to City population, as determined by the last federal census or estimated by the California Department of Finance.

The chart below identifies salary amount maximums by City population established by the new law. (Gov. Code Section 36516(a)(2),(3).)
City Population Maximum Council Member
Monthly Salary
Up too 35,000 $950
35,001 to 50,000 $1,275
50,001 to 75,000 $1,600
75,001 to 150,000 $1,900
150,001 to 250,000 $2,550
Over 250,000 $3,200
The 2020 census shows the City’s population as 19,904, (see https://data.census.gov/profile/Agoura_Hills_city,_California?g=160XX00US0 622020). The California Department of Finance also confirmed that the City of Agoura Hills' population as of January 1, 2024, is 19,904 (https://dof.ca.gov/forecasting/demographics/estimates-e1/).   Under either population measure, the population of the City of Agoura Hills is below 35,000; therefore, the City Council may increase the monthly Council Member salary from $300 per month up to $950 per month.

Following the establishment of the population-based salary by a City Council, as set forth above, SB 329 authorizes the City Council to increase Council Member salaries beyond those amounts set forth above by an amendment to the ordinance. The amount of the increase shall not exceed the greater of either: (1) an amount not-to-exceed five percent for each calendar year from the operative date of the last adjustment of the salary; or (2) the inflation amount since January 1, 2024, not to exceed 10 percent for each calendar year. (Gov. Code Section 36516(a)(4).) The maximum monthly City Council compensation for general law cities must be approved by ordinance, pursuant to the Government Code.  Automatic future increases in Council Member salary, such as automatic cost of living increases, are not permitted. (Gov. Code Section 36516(a)(5).) Any change in salary adopted by ordinance would not take effect until the start of a new term of any one Council Member, including Council Members who may be reelected. (Gov. Code Section 36516.5.) The start of a new term for the City of Agoura Hills City Council would occur in December 2026, following certification of the results of the general election concluding on November 3, 2026.

Under SB 329, an increase to the Council Member salary amount must be enacted by ordinance considered during at least two regular meetings of the City Council at least seven days apart. The ordinance increasing salaries must be supported by findings demonstrating the need for the increased compensation. (Gov. Code Section 36516(g).) A proposed ordinance amending Agoura Hills Municipal Code Section 2900 would need to be brought back to the City Council at a future meeting for the City Council's consideration.

Although this is a rare occurrence, any amounts paid by the City to reimburse a council member for actual and necessary expenses pursuant to Government Code Section 36514.5 are not included for purposes of determining salary. In addition, any other benefits that Council Members are eligible to receive are not impacted by SB 329.

During the City Council's discussion of this item, there are several alternatives that could be considered. The City Council could choose to adopt a monthly salary at an amount less than $950 or take no action.

FISCAL IMPACT
If the City Council decided to increase Council Member salaries from $300 to $950 per month, the City would need to budget an additional amount when completing the mid-cycle review for six months of the Fiscal Year 2026-27 Budget totaling $19,500 ($650 x5 members x6 months).

RECOMMENDATION
Staff respectfully recommends the City Council discuss the item and provide feedback and direction to staff.