Agoura Hills Municipal Code Div. 7 Protected Tree Preservation Regulations

Footnotes:

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Editor's note— Ord. No. 25-482, § 3, adopted December 10, 2025, amended Division 7 in its entirety to read as herein set out. Former Division 7, §§ 9657—9657.5, pertained to oak tree preservation guidelines.

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 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 forty-eight (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.

P. Protected tree. All scrub oak species regardless of size and all of the following species of trees with a DSH that measures six (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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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 twenty-five (25) feet of a protected tree, as measured from the edge of the TPZ.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

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 thirty (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 (5) 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.

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 thirty (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 one hundred eighty (180) days after the date of approval.

(Ord. No. 25-482, § 3, 12-10-2025)

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;

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 thirty (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 thirty (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).

(Ord. No. 25-482, § 3, 12-10-2025)

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 twenty-five (25) feet of proposed ground disturbance activities, as measured from the edge of the TPZ.

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 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 ten (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 ten (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 ten (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 ten (10) percent, a monitoring program shall be required to evaluate the health of the tree for up to five (5) years following the completion of work. Ground plane improvements shall not count towards the ten (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.

Table 1: Scrub Oak Mitigation Requirements

Scrub Oak Species

*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

E. Monitoring requirements. On-site replacements and protected trees where TPZ encroachment exceeds ten (10) percent shall be monitored annually by the applicant's tree consultant for (5) years following the completion of construction activities.

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

2. Any protected tree that has died or significantly declined in health at the end of the monitoring period shall be replaced at the same ratio as required by section 9657.6.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 twenty-five (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 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 (45)-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 one hundred (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);

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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) twenty-four-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.

a. If proposed TPZ encroachment for an individual protected tree exceeds twenty (20) percent, a monitoring program shall be required to evaluate the health of the tree for up to five (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) twenty-four-inch box replacement tree of the same species. Ground plane improvements shall not count towards the twenty (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) twenty-four-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 ten (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 five-year monitoring period shall be replaced with a twenty-four-inch box tree of the same species.

b. Any existing protected trees that have died or significantly declined in health at the end of the monitoring period as a result of development activities shall be replaced with a twenty-four-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) twenty-four-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 ten (10) percent of the total DSH of protected trees or more than ten (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 ten (10) percent, a monitoring program shall be required to evaluate the health of the tree for up to five (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 ten (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.

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

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.

(Ord. No. 25-482, § 3, 12-10-2025)

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.

(Ord. No. 25-482, § 3, 12-10-2025)