Preserve and protect, for agricultural and appurtenant uses, land within the town zoned for agricultural use (i.e., the RA (Residential Agricultural) zoning district;

Support and encourage continued agricultural operations in the town; and

Warn prospective purchasers, residents, and tenants of property adjoining or near agricultural operations, of the inherent conflicts associated with the purchase of the residence including, but not limited to, chemicals, dust, light, noise, odors, and traffic that may accompany nearby agricultural operations.

No existing or future agricultural operation or any of its appurtenances, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, and all applicable town requirements, shall become a nuisance to adjacent land uses, when the action was not a nuisance at the time it began. The provisions of this chapter shall not apply whenever a nuisance results from the negligent or improper action of any agricultural operation or its appurtenances.

This chapter shall not be construed as modifying existing law relative to nuisances, but only to be utilized in the interpretation and enforcement of the provisions of this title.

Disclosure by Subdivider. The subdivider of any property located within one thousand feet of land zoned for agricultural use shall disclose, through a notation on the final map, within conditions, covenants and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following, or similar statement:

The property within this subdivision is located within 1,000 feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, acaricides, fertilizers, fungicides, herbicides, insecticides, predacides, and rodenticides; and from pursuit of agricultural operations, including, but not limited to, crop protection, cultivation, harvesting, plowing, processing, pruning, shipping, spraying, and animal keeping and related activities, which may generate dust, light, noise, odor, smoke, and traffic. The Town has adopted policies to encourage and preserve agricultural lands and operations within and in the vicinity of the Town. Residents/occupants of property within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations.

Disclosure Prior to Issuance of a Building Permit. Where a new structure intended for human occupancy is to be located on property which is located within one thousand feet of land zoned for agricultural use, the owner of the property shall, prior to issuance of a building permit, sign and record a statement in a form equivalent to that specified in subsection A. In lieu of signing the statement required above, the owner may submit evidence that the statement in subsection A has been made a part of subdivision documents creating the parcel on which the structure is proposed.

It is the responsibility of the property owner to maintain all trees on his or her property. The property owner must ensure that the trees on his or her property do not pose a danger to his or her own property or the property of others. Property owners have the burden of demonstrating compliance with this chapter.

Property owners that do not maintain trees on their property and, as a result, create an emergency, will be subject to the provisions of Section 13.54.170.

Determine and take inventory of suitable and desirable species of specified trees and the areas in which and the conditions under which such trees shall be planted, in consultation with a certified arborist. The Town Manager shall report the findings in writing to the Town Council. When approved by the Town Council, the report shall be known as the "Master Tree List," and shall be placed on file with the Town Clerk and shall thereafter be the official determination of the Town Manager. Revisions or changes in the Master Tree List may be made from time to time by the Town Manager, in consultation with a certified arborist, with the approval of the Town Council.

Perform other duties as set forth in this chapter.

Removal of protected trees from a residential parcel that is zoned with a minimum allowed lot size of 4.6 acres or less, provided the parcel can no longer be subdivided. Although exempt from the mitigation, the owner of any such parcel must still obtain a tree permit prior to the removal of a protected tree.

Pruning. Pruning of trees covered under this chapter is exempt provided the pruning activity does not interfere with the condition of any protected tree.

Emergency response and abatement as set forth in Section 13.54.170 of this chapter.

Traffic Visibility Obstructions. Removal or relocation of trees necessary to maintain adequate line-of-sight distances as required or determined by the Town Manager or Town Engineer are exempt from the mitigation provisions of this chapter.

The removal of dead, dying, or hazardous trees, as determined by the Town Manager, the Town Arborist, or an arborist approved by the Town Manager (rated a 0 "dead," or 1 "dying or hazardous," or 2 "major corrective care needed") shall not require mitigation. Photographic evidence may be required.

Nurseries, Christmas tree farms and orchards are exempt from the provisions of this chapter.

Protected trees removed for construction of public infrastructure improvements (streets and sidewalks) required as a condition of development approval, shall be exempt from tree mitigation requirements provided all feasible alternatives to reduce the number of trees proposed for removal have been exhausted.

Tree removal required by state law.

Move, remove, cut down, poison, set fire to or permit fire to burn in proximity to, or perform or fail to perform any act which results in the unnatural death or destruction of a protected tree.

Perform any activity that will interfere with the condition of any protected tree.

Perform any work or permit any work to be performed within the critical root zone (CRZ) of a protected tree which would endanger the tree. During construction activity on any property upon which a protected tree is located, it is unlawful for any person to perform any of the following acts without a tree permit issued by the Town Manager, which permit shall not be denied if the activities are deemed necessary for the project and proper care is taken to protect any protected tree:

Trench, grade, pave or otherwise damage or disturb any exposed roots within the critical root zone (CRZ) of a protected tree.

Park or operate any motor vehicle within the critical root zone (CRZ) of any protected tree.

Place or store any equipment or construction materials within the critical root zone (CRZ) of any protected tree.

Place, apply or attach any signs, ropes, cables or any other items to any protected tree.

Place or allow to flow any oil, fuel, concrete mix or other deleterious substance into or over within the critical root zone (CRZ) of any protected tree.

All work shall conform to the most current American National Standards Institute (ANSI) tree care standards.

Trenching - Pathway Standards. The owner/developer will be required to submit a utility and/or irrigation trenching-pathway plan on the site plan:

Any person seeking to perform any activity for which a tree permit is required by this chapter shall fill out an application containing the following information:

Overall rating of tree condition, by tree number, according to the following categories:

Rating #0: This indicates a tree that has no significant sign of life.

Rating #1: The problems are extreme. This rating is assigned to a tree that has a structural and/or health problems that no amount of work or effort can change. The issues may or may not be considered a dangerous situation.

Rating #2: The tree has major problems. If the option is taken to preserve the tree, its condition could be improved with corrective work including, but not limited to: pruning, cabling, bracing, bolting, guying, spraying, mistletoe removal, vertical mulching, fertilization, etc. If the recommended actions are completed correctly, hazard can be reduced and the rating can be elevated to a 3. If no action is taken the tree is considered a liability and should be removed.

Rating #3: The tree is in fair condition. There are some minor structural or health problems that pose no immediate danger. When the recommended actions in an arborist report are completed correctly the defect(s) can be minimized or eliminated.

Rating #4: The tree is in good condition and there are no apparent problems that an arborist can see from a visual ground inspection. If potential structural or health problems are tended to at this stage future hazard can be reduced and more serious health problems can be averted.

Rating #5: No problems found from a visual ground inspection. Structurally, these trees have properly spaced branches and near perfect characteristics for the species. Highly rated trees are not common in natural or developed landscapes. No tree is ever perfect, especially with the unpredictability of nature, but with this highest rating, the condition should be considered excellent.

Note: Ratings are dependent upon the condition of the tree. There is a very important line drawn between a tree rated a 3 and a 2. A tree rated 3, 4, or 5 is a tree to be preserved, and a tree rated 0, 1, or 2 is recommended for removal. Trees rated a 2 may be retained and rated a 3, but only if the recommendations are followed, otherwise the tree should be removed;

In reaching a decision to grant or deny a tree permit, the Town Manager shall take into account the following:

The Town Manager shall render a decision granting or denying an application for a tree permit within thirty days from the date the completed application is received. As a condition of granting a tree permit, the Town Manager may require that the work be performed by a person who is qualified by education or experience to perform the work and who holds a valid business license issued by the Town for such purpose.

Each application and each appeal shall be accompanied by fees as prescribed by a resolution of the Town Council. Such fees shall in no event exceed the actual cost to the Town to conduct the services required to satisfy the requirements of this chapter. No fee shall be required for a tree permit issued for the removal of a protected tree if removal of the tree is exempt from compliance with the mitigation provisions of this chapter pursuant to Section 13.54.060(A).

The Town Manager shall periodically present a summation of his or her actions to the Town Council for its review.

The property owner removing a protected tree will make every effort to replace the tree on the property, in accordance with Section 13.54.090.

All hired work shall conform to the most current ANSI tree care standards.

Small Tree and Native Tree Preservation Credits (TPC). The Town may consider the preservation of seedling and sapling native oak trees that are smaller than six inches DBH (four inches DBH for Blue Oaks) as a credit toward the total removed inches. For example, a one-inch sapling (caliper) would equal one inch of mitigation. These smaller trees are valuable because they are already established. Trees with calipers of less than one inch shall not be eligible for credit under this provision. Retention of small Blue Oaks is especially encouraged. Any tree that is to be considered for preservation credit shall be evaluated, included in the arborist report, rated a 3, 4, or 5 and located in a suitable site with adequate spacing. They must be marked as protected mitigation trees (e.g., tagged or staked), and fenced during construction just as protected trees are required to be fenced. TPC shall not count if they are in a poor growing space due to position within the CRZ of another protected tree to be preserved, or are likely to be adversely impacted by the proposed development or they are located in a non-development zone. They shall be included as protected trees in all required monitoring as stated in this section.

Large Parcel Ten Percent Allowance. On residentially zoned parcels zoned larger than RS-10 and having at least ten protected trees, ten percent of protected trees may be removed over a ten-year period without mitigation being required. Trees within conservation easements may be counted but not removed under this provision. A dated site map, subject to staff verification, to be kept on file at Town Hall, showing size, number, and species of all protected trees is required to verify the ten percent. The large parcel ten percent allowance is subject to Town approval.

Woodland Enhancement. Removal of protected trees to thin canopy density, improve overall health and spacing of remaining trees, improve species diversity, and improve habitat value shall not require mitigation. This requires a registered forester or certified arborist to provide a written recommendation and justification and is subject to review by the Town Arborist and subject to Town Manager approval.

The agricultural use, as proposed and ultimately established, shall be limited to crop production, horticulture, orchards or vineyards, but shall not include grazing or other animal uses;

Only that area that will be utilized for active agriculture shall be exempt;

The tree permit shall be exercised within one year;

Once tree removal is commenced, the proposed replacement agricultural use shall be in place within twenty-four months of the removal of the first tree, or mitigation shall be required in compliance with Section 13.54.090, an extension of one year may be granted;

Once the replacement agricultural use is established, it shall be maintained for a minimum of ten years. If the agricultural use is terminated before ten years, and/or if a subdivision application for non-agricultural development (other than an application for a minor land division) is approved with the Town within that period, mitigation shall be required in compliance with Sections 13.54.090;

The approved tree removal and subsequent agricultural use shall retain existing trees:

Contour map showing the extent of grading within any part of the CRZ, plus existing and proposed grades and the location, size, species and condition of all existing trees which are located upon the property proposed for development.

Identification of those trees which the applicant proposes to preserve and those trees which are proposed to be removed and the reason for such removal, including identification of all on-site protected trees.

A description of measures to be followed to insure survival of protected trees during construction.

A program for the preservation of protected trees and other trees not proposed for removal during and after completion of the project, which shall include the following:

A program for the replacement of any protected trees proposed to be removed.

All of the tree preservation measures required by the conditions of a discretionary project approval (the arborist's report and the tree permit, as applicable) shall be completed and certified by staff or the developer's arborist prior to issuance of a certificate of occupancy.

The property owner will be required to submit a utility and/or irrigation trenching-pathway plan on the site plan:

Tree permits for development projects will be granted for trees impacted by the construction of streets, utility installation, grading and other infrastructure improvements. A tree permit shall only be issued in conjunction with a grading or building permit.

An owner is not precluded by this chapter from taking action, in the event of an emergency, which would otherwise violate the terms of this chapter, if such action is necessary to minimize danger. In the event such emergency action is taken, the owner shall notify the Town Manager or representative by the next working day. The burden is on the owner to demonstrate that any action taken complies with this section. For purposes of this section, "emergency" means imminent threat to life or property.

In the event that an owner has not maintained trees for which the owner is responsible and the trees pose an imminent danger to persons and/or property, constituting an emergency, the Town Manager may commence abatement proceeding pursuant to Section 7.04.020 of the municipal code. At the owner's expense, the tree shall be removed or have the dangerous condition otherwise rectified.

In the event that an owner has not maintained trees for which the owner is responsible and the trees and the condition does not pose an imminent threat to persons and/or property, but has the potential to pose such a threat, the Town Manager shall give the owner thirty days to eliminate the potentially dangerous condition. If the condition has not changed in thirty days the Town Manager may commence abatement proceedings pursuant to Section 7.04.020 of the municipal code.

Waterway Setback Requirement. Proposed structures shall be set back a distance of 2.5 times the height of the stream bank plus thirty feet, or thirty feet outward from the stream bank, whichever distance is greater, as measured from the toe of the stream bank outward. Additional setbacks may be required to preserve existing vegetation or other significant environmental resources along any waterway. Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space.

Use of Required Setback. Paths or trails may be located within a creekside setback; however, no structure, road, parking access, parking spaces, paved areas, or swimming pool shall be constructed within a creek or creekside setback area.

Alteration of Natural Features. No grading or filling, planting of exotic/non-native or nonriparian plant species, or removal of native vegetation shall occur within a creek or creekside setback area, except where authorized for flood control purposes by the proper permits issued by the California State Department of Fish and Game, all other applicable state and federal agencies having authority over the creek.

Design of Drainage Improvements. Where drainage improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and landscaping with native plant materials.

Use of Permeable Surfaces. The proposed development should incorporate permeable surfaces (for example, wood decks, sand-joined bricks, and stone walkways) where feasible, to minimize off-site flows and facilitate the absorption of water into the ground.

Creek Bank Stabilization. Development or land use changes that increase impervious surfaces or sedimentation may result in channel erosion. This may require measures to stabilize creek banks.

Physical and Visual Access.

A project proposed on a site with wetland resources shall comply with all applicable requirements of the U.S. Army Corps of Engineers, including but not limited to the preparation and filing with the Corps of any required Wetlands Management Plan.

The delineation of wetland resources in compliance with federal requirements shall occur prior to the filing of a land use, building, or grading permit application with the town. The wetlands delineation shall be used by the town in the environmental review of the proposed project in compliance with CEQA.

The town supports, and the review authority shall require "no net loss" for wetland areas regulated by the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game. Coordination with these agencies at all levels of project review shall occur to ensure that appropriate mitigation measures and the concerns of these agencies are adequately addressed.

Avoidance of riparian habitat.

Where avoidance is not feasible, minimization of impacts on the resource.

Compensation, including use of a mitigation banking program that provides the opportunity to mitigate impacts to rare, threatened, and endangered species and/or the habitat which supports these species in wetland and riparian areas. The area for mitigation banking is encouraged to be located within the town.

Any permitted development, grading, fill, excavation, or shading within a wetland shall provide for the mitigation of wetland loss at a replacement ratio of from 1:1 to 4:1, as determined by the review authority based on the biotic value of the wetland established by the required environmental analysis, and shall ensure that there is no net loss of wetland functions and values. The review authority may allow a replacement ratio of less than 4:1 as an incentive, where replacement wetlands are proposed to be located within or in close proximity to the town.

Off-site mitigation of impacted wetlands may be considered where on-site mitigation is not possible. Off-site mitigation should be within the town, as close to the project site as possible, and provide for continuous wildlife corridors connecting habitat areas.

Allowed Uses. Wetlands may fulfill the landscaping requirements of Chapter 13.34 (except that all required parking area landscaping shall be provided), where the building and landscape design provides for the participation by residents and/or users of the site in passive outdoor recreational activities such as bird watching, fishing, and nature photography. Public access for passive recreational activities may be permitted and shall be encouraged where appropriate and consistent with the protection of habitat functions and values in compliance with state and federal law, including the requirements of the U.S. Army Corps of Engineers.

Allowed Structures. Any structure allowed in a wetland that is being created, preserved or enhanced, shall be designed to minimize its adverse impacts on the wetland. Measures to minimize adverse effects may include construction on pilings to allow unobstructed flow of water, preserving the natural contour of the wetland, and otherwise minimizing impairment, alteration, or loss of the wetland.

Verification of U.S. Army Corps of Engineers delineation of wetland boundaries; and/or a Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of Engineers;

A Waiver or Certificate of Conformance with Water Quality Standards issued by the Regional Water Quality Control Board, if applicable; and

A consultation with the U.S. Fish and Wildlife Service and/or the California State Department of Fish and Game or National Marine Fisheries Service if any special status species or associated habitat are present.