The Agoura Hills Planning Commission voted 5-0 to recommend the City Council adopt a consolidated protected-tree ordinance intended to streamline permitting, incentivize planting, and strengthen mitigation requirements for larger trees.
Principal Planner Robbie Nesovich presented the draft ordinance, saying it consolidates protected-tree regulations into a single code section (proposed section 9.657), creates three permit categories (general tree permits, hazardous tree permits, and development tree permits), and adds incentives such as registered plantings, fee waivers for variances made to avoid tree removal, a streamlined general permit process, and a certification program for tree-care companies.
Nesovich said the update responds to stakeholder concerns that enforcement and permit costs were burdensome for single-family homeowners and that mitigation rules did not differentiate between removing small and large trees. The draft raises the minimum protected tree diameter from 2 inches to 6 inches, and scales mitigation based on tree diameter so larger trees require larger mitigation. Registered voluntary plantings would be exempt from the ordinance's protection requirements, and the draft allows off-site mitigation via an in-lieu fee and a mitigation fund to pay for city planting or grants.
The ordinance would treat scribe oaks differently (measuring removal in square feet) because they are shrubs. For development projects, Nesovich said the city will allow encroachments greater than 20% in some instances if the owner agrees to a monitoring program up to five years. Monitoring would typically require an annual arborist report for five years. Development tree-permit authority would follow the existing decision-maker for the associated development permit (for example, planning commission review if the development is before the commission).
Nesovich said staff recommended adding the California sycamore and the Southern California black walnut to the list of protected trees. The city's arborist, Ryan Allen of DuTech, described longevity differences: oaks generally live longer in natural settings (several hundred years under best conditions), sycamores and walnuts generally have shorter potential lifespans and are often found in riparian or oak-woodland settings.
Nesovich said the ordinance aims to improve enforcement clarity, keep mitigation proportional to impact, and provide incentives (fee waivers, registered plantings, certification) to encourage protection and new plantings. Staff recommended a CEQA determination that the ordinance is exempt under CEQA Guidelines section 15308 (actions by regulatory agencies for protection of natural resources).
Public comment: Patricia Schultz, representing Hill Rise Open Space Association, thanked staff and asked that the ordinance accommodate fire-agency recommendations (for example, a minimum 5-foot clearance between tree branches and structures and trimming lower branches to reduce fire ladders) and urged minimal permit fees so homeowners who follow fire safety guidance are not penalized. The city clerk confirmed two written comments from neighborhood residents were filed.
Commission discussion covered enforcement (complaint-driven), the proposed 6-inch threshold, the distinction among permit types, monitoring requirements, relocation feasibility for trees, and availability of off-site mitigation or in-lieu fees. Staff said the city processes roughly 4050 tree permits per year, the majority being general permits, and that platform partners such as MRCA and local nonprofits could be used for off-site plantings though availability varies.
Deliberation: Commissioners praised the streamlining, the incentives, and updated mitigation scaling while expressing concern about permit fees for homeowners and the ability to accommodate fire-safety directives. Several commissioners said they would like the City Council to consider fee affordability and public education alongside the ordinance.
Vote: Vice Chair Reinhardt moved to approve the staff recommendation; Commissioner Sharon seconded. The roll call vote was Commissioner Plattzer: Aye; Commissioner Sharon: Aye; Commissioner Stein: Aye; Vice Chair Reinhardt: Aye; Chair Roth: Aye. Motion carried 5-0.
Next steps: The Planning Commission's resolution and the draft ordinance will be forwarded to the City Council for additional public hearings and final action.