Division 7 — OAK TREE PRESERVATION GUIDELINES

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

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

The following sections set forth 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. Such sections are subject to all other applicable ordinances, and the oak tree preservation guidelines adopted by the city council [and set out in Appendix A to this article].

No person, partnership, firm, corporation, government agency, or other legal entity shall cut, prune, remove, relocate, endanger or damage any tree protected by this section on any public or private land located within the incorporated areas of the City of Agoura Hills except in accordance with the conditions of a valid oak tree permit issued by the department of planning and community development or the planning commission pursuant to the provisions of section 9657 through 9657.5.

It shall be the policy of the City of Agoura Hills to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting

and/or the encroachment into the protected zone of oak trees. The department of planning and community development shall have the primary and overall responsibility to administer, evaluate and monitor this policy.

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 oak trees upon such property or under his control, in a safe condition.

The provisions of section 9657.1 shall not apply to the following:

A.

Emergencies. In cases of emergencies, including but not limited to, thunderstorms, windstorms, floods or other natural disasters, or potential safety hazards, the requirements of section 9657.1 may be waived as follows: If upon a visual inspection, an oak tree is determined to be in a hazardous or dangerous condition, any member of law enforcement or a law enforcement agency or the Los Angeles County fire department may order or allow the removal of a protected tree. Prior notice to the department of planning and community development shall be provided, if possible. Subsequent to the emergency action, written notification shall be provided to the department of planning and community development describing the action taken and the nature of the emergency.

B.

Routine maintenance as defined in the oak tree preservation guidelines.

C.

Oak trees planted, grown and/or held for sale by licensed nurseries or the removal or transplanting of same pursuant to, and as a part of, the operation of a licensed nursery business. This exemption is limited to trees with main trunks under ten (10) inches in diameter.

D.

When removal is determined necessary by fire department personnel actively engaged in fighting a fire.

Except as otherwise provided in section 9657.4, no person shall cut, prune, remove, endanger or encroach into the protected zone or relocate any oak tree on any public or private property within the city unless a valid oak tree permit has been issued from the director of planning and community development or the planning commission pursuant to the provisions of these sections and the oak tree preservation guidelines, by filing the proper form and paying the appropriate fee. The accuracy of all required information submitted shall be the responsibility of the applicant.

A.

Administrative approvals. The department of planning and community development has jurisdiction to approve a request for the removal of one (1) oak tree on a single parcel. Except for dead trees, subsequent requests for the removal of trees beyond the number of one (1) on a single parcel of record will be referred to the planning commission for review and approval.

B.

Planning commission approval. When two (2) or more trees are being requested for removal on an original application, the case will be referred to the planning commission.

C.

Oak tree permit approval process. The director of planning and community development or the planning commission may approve an oak tree permit when one (1) of the following findings can be made, after city inspection of the tree and property.

1.

The condition or location of the protected trees requires cutting or pruning to maintain or remedy its health, balance or structure.

2.

The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation and/or preventive procedures and practices.

3.

It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak tree when, after a determination by the planning commission or director, it is found that the continued existence totally prevents the development of the subject property. An oak tree permit shall not be granted pursuant to this subparagraph 3 unless all the following additional findings are made:

a.

That the proposed construction or proposed use will be accomplished without endangering the health of the remaining trees on the subject property;

b.

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

c.

That the removal or relocation of the oak tree(s) proposed is necessary because the continued existence at present location(s) 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 that the placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized; or that the oak tree(s) proposed for removal or relocation interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the tree(s).

If the applicant has met the above criteria, an oak tree permit may be issued subject to the following limitations:

(a)

Not more than ten (10) percent of the total estimated tree canopy or root structure of all trees on the subject property has been requested to be removed.

(b)

In certain exceptional cases, the removal of up to twenty (20) percent of the total tree's canopy or root system may be removed. However, such approval is predicated upon the recommendation of the city's oak tree preservation consultant stating that the viability of the oak tree will not be adversely affected.

(c)

In no case shall less than four (4) native oaks be provided for any oak tree removed or relocated.

D.

Conditions on removal. Conditions may be imposed on the permit at the discretion of the decisionmaker, including but not limited to, any of the following:

1.

A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree or its limbs or encroachment into the protected zone of an oak tree;

2.

The relocating of trees on-site or off-site, or the planting of a new tree off-site to offset the loss of a tree;

3.

A condition requiring an objectively observable maintenance and care program to be initiated to insure the continued health and care of oak tree(s) on the property;

4.

Payment of a fee or donation of a potted tree to the city or other public agency to be used elsewhere in the city should a suitable replacement location for a tree not be possible on-site or off-site.

E.

Oak tree report. The director shall cause, at the applicant's expense, the preparation of an oak tree report by a city-approved oak tree consultant.

F.

Oak tree preservation guidelines. In granting an oak tree permit, the director of planning and community development or the planning commission shall require the permit to comply with provisions of the adopted "Oak Tree Preservation Guidelines" and may impose such conditions necessary to carry out the intent of this article and said guidelines. However, in no case shall less than four (4) native oaks be provided for any oak tree removed or relocated.

G.

Notice of permit decision. Upon completion of the processing of an oak tree permit, the director of planning and community development or the planning commission may approve, conditionally approve or deny the application for an oak tree permit and notice of such decision shall be mailed to the applicant, city council, and planning commission.

H.

Appeals. Within twenty (20) calendar days of the notice of decision, the applicant, city council, or planning commission may appeal the decision of the director of planning and community development to the planning commission or the decision of the planning commission to the city council.

I.

Enforcement.

1.

Additional remedies. Any person who cuts, damages, moves, or removes any oak tree within the city or encroaches into the drip line of an oak tree in violation of this chapter shall be subject to the following remedies in addition to any penalties provided by the Municipal Code:

(a)

A suspension of any building permits until all mitigation measures specified by the city are satisfactorily completed.

(b)

Completion of all mitigation measures as established by the city.

2.

Restitution. It has been determined that the oak trees within the city are valuable assets to the citizens of this community and to the citizens of the County of Los Angeles and as a result of the loss or damage to any of these trees, the public should be recompensed.

Any person violating the provisions this chapter shall be responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting two (2) or more oak trees of reasonable equivalent size and value to the tree damaged or removed. The number, size and location of said equivalent replacement oak trees shall be determined by the director of planning and community development.

The value shall be established as provided in the tree evaluation formula, as prepared by the Council of Tree and Landscape Appraisers.