HomeMy WebLinkAboutOrdinance 1856 (Wildland Urban Interface)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1856 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 4.12 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "WILDLAND-URBAN
INTERFACE (WUI) — VEGETATION MANAGEMENT STANDARDS"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 2nd day of Julv. 2007.
published as required by City Charter in the MARK INDEPENDENT JOURNAL. a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City, held on the 16th day of Julv, 2007. by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
19th day of July, 2007
�ENNE4.
M. L ONCIl�II
City Clerk
ORDINANCE NO. 1856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ADDING CHAPTER 4.12 TO THE SAN RAFAEL
MUNICIPAL CODE, ENTITLED "WILDLAND-URBAN INTERFACE
(WUI) — VEGETATION MANAGEMENT STANDARDS"
WHEREAS, the City of San Rafael General Plan 2020 contains the following goals and
policies:
• S-30. Maintenance and Landscaping for Fire Safety. Encourage, where appropriate,
special planting, removal and maintenance programs to reduce potential fire hazards in
the hills, wildland areas and urban interface areas;
• S -30a. Fire Hazard Maps. As part of the City's Fire Hazard Program, maintain maps
identifying potential fire hazard areas in San Rafael;
• S -30b. Fire Protection Ordinance. Consider the adoption of a Fire Protection Ordinance
to reduce fire hazards in areas in the urban interface area; and
WHEREAS, the City has prepared a number of studies and plans related to wildland
safety. In particular, the Fire Department's recent study, Wildland Urban Intermix Threat
Analysis, evaluated safety issues related to wildland fires in San Rafael's hillside areas. A Fire
Management Plan, which includes a Transportation and Evacuation Plan component, was
prepared for each High Hazard area identified in the study; and
WHEREAS, the County of Marin Fire Department has conducted mapping which
determined Fire Hazard Severity Zones for all of Marin County including the City of San Rafael;
and
WHEREAS, the San Rafael Fire Department has used site-specific information to adjust
the County's mapping to determine the City's Wildland-Urban Interface (WUI), as reflected in
the map entitled "City of San Rafael Wildland-Urban Interface", dated July 2, 2007, on file with
the City Clerk; and
WHEREAS, the City recognizes the critical nature of Wildland-Urban Interface fires and
their impact upon life, property and the economic stability of San Rafael; and
WHEREAS, the City recognizes that Wildland-Urban Interface fires also have
substantial impacts on biological resources and wildlife habitat, and to the extent that they can be
prevented or more easily contained, such activities benefit both the developed and natural
environments; and
WHEREAS, the City recognizes that the creation of a "defensible space" around
occupied structures can prevent or contain fires within the Wildland-Urban Interface, whether
those fires initiate in the natural environment or the built environment; and
WHEREAS, the City recognizes that local climatic, geographic, and topographical
conditions increase the magnitude of vegetation fires; and
WHEREAS, the City presently enforces specific vegetation management standards
within the identified Wildland-Urban Interface of San Rafael which reduce the risk of loss from
fire; and
WHEREAS, the City desires to utilize a public and private partnership to manage
combustible vegetation within the Wildland-Urban Interface on private and public lands; and
WHEREAS, the City, as a charter city, has the authority under Article XI, Section 5, of
the California Constitution to adopt ordinances and regulations with respect to municipal affairs;
and
WHEREAS, Section 16 of Appendix II -A of the California Fire Code, as adopted with
amendments by San Rafael Municipal Code Section 4.08.020, presently allows the Fire Chief to
compel property owners on a case-by-case basis to remove combustible vegetation within 100
feet of a structure upon a finding of extra -hazardous fire conditions; and
WHEREAS, the City desires to replace its current piecemeal program with a
comprehensive vegetation management approach to alleviate extra -hazardous fire conditions,
while establishing exceptions for creeks, drainage ways and wetlands as well as protected plants
and wildlife; and
WHEREAS, the Legislature has authorized the Director of the California Department of
Forestry, pursuant to Public Resources Code Section 4201 et seq., to designate fire hazard
severity zones within State Responsibility Lands where the State has responsibility for fire
prevention, within which areas property owners are required to remove flammable vegetation
within 100 feet of occupied structures; and
WHEREAS, the Legislature has authorized local agencies, pursuant to Government
Code Section 51175 et seq., to designate very high fire hazard zones where necessary for
effective fire protection, within which areas property owners are required to remove flammable
vegetation within 100 feet of occupied structures; and
WHEREAS, the Fire Chief has determined that the City of San Rafael Wildland-Urban
Interface (WUI) map, dated July 2, 2007, is a designation of a very high fire hazard severity zone
for the City of San Rafael as provided in Government Code Section 51179; and
WHEREAS, the Legislature has authorized cities, pursuant to Public Resources Code
Section 4119, to adopt ordinances to provide for fire prevention regulations necessary to meet
local conditions of weather, vegetation or other fire hazards, which ordinances may be more
restrictive than state statutes in order to meet local fire hazard conditions; and
WHEREAS, the City Council has considered whether adoption of the proposed Fire
Code amendments would be subject to CEQA, and has found that the adoption is not subject to
CEQA under Class 4, 7, and 8 categorical exemptions.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 1:
Title 4, Chapter 4.12, entitled "WILDLAND-URBAN INTERFACE — VEGETATION
MANAGEMENT STANDARDS" is hereby adopted and added to Chapter 4 of the Municipal
Code of the City of San Rafael, to read as follows:
CHAPTER 4.12
Sections Index:
4.12.010 Purpose
4.12.020 Definitions
4.12.030 Vegetation Management Standards
4.12.032 Exception to Vegetation Management Standards for Creeks, Drainage
Ways and Wetlands
4.12.035 Exception to Vegetation Management Standards for Impacts on Protected
Plants and Wildlife
4.12.040 Right of Entry
4.12.050 Enforcement and Penalties
4.12.060 Abatement and collection of Abatement Costs
4.12.010 Purpose and Intent.
This Chapter establishes a Wildland-Urban Interface (WUI) in the City, as described in
the City of San Rafael Wildland-Urban Interface (WUI) map, dated July 2, 2007, on file with the
City Clerk, as it may be amended hereafter from time to time by City Council resolution, which
is a designation of a very high severity zone as provided in Government Code Section 51179,
and within which specific combustible vegetation management standards will be required in
order to create defensible space around structures that will minimize the spread of fires from
wildlands to structures, from structures to wildlands, and from structures to structures.
4.12.020 Definitions.
"Combustible vegetation" means vegetation that ignites readily and burns intensely as
more specifically identified by resolution of the City Council.
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"Crown" means the branch and related growth structure of a bush or tree.
"Defensible space" means that area 100 feet around a structure where vegetation
management has been conducted to reduce the potential for transfer of fire between the structure
and the adjacent wildland, the adjacent wildland and the structure, or from structure to structure.
Whenever a parcel's property line is less than 100 feet from its structure, adjacent parcels must
follow requirements found within 4.12.030 to complete the remaining footage for a total of 100
feet.
"Fire Chief' means the chief officer of the City's Fire Department, or his or her
designated representative.
"Raise the crown" means to remove lower branches and vegetative growth of trees.
"Person" means any natural person, partnership, association, limited liability company,
corporation, or any other entity which is recognized by law as the subject of rights or duties, not
including the City of San Rafael, the San Rafael Redevelopment Agency, or any federal, state or
other public agency.
"Structure" means anything built or constructed that is inhabited or subject to habitation,
and any related garages, workshops, pool houses or other accessory structures.
"Wildland-Urban Interface" means that geographical area that presents a significant risk
of wildfire transfer to and from structures as identified on the map on file with the City Clerk
entitled "City of San Rafael Wildland-Urban Interface".
"Vegetation management" means the management of vegetation as required by this
Chapter, including the removal of combustible vegetation.
4.12.030 Veeetation ManaLyement Standards.
A. Any person owning, leasing, controlling, operating or maintaining a property
containing a structure in or upon the City Wildland-Urban Interface, and any person owning,
leasing controlling, operating or maintaining a property that is adjacent to another property
containing such a structure, shall at all times maintain a defensible space within 100 feet of such
a structure as follows:
1) Raise the crown of all trees, by removing growth less than 3 -inches in
diameter, from the ground up to a maximum height of 10 feet, provided that no crown shall be
raised to a point so as to remove branches from more than the lower one-third of the tree's total
height.
2) Cut and remove all dry grasses (by means other than discing, tilling or
other soil manipulation) so that their height does not exceed 3 inches.
3) Remove all combustible vegetation, provided that single specimens of
combustible vegetation are permitted if separated by a distance equal to two (2) times the height
of the next adjacent combustible or non-combustible bush on slopes 0 to 20%, four (4) times the
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height of the next adjacent combustible or non-combustible bush on slopes 21 to 40%, and 6
(six) times the height of the next adjacent combustible or non-combustible bush on slopes
exceeding 40% as measured from the most outer edge of both bushes.
Exception: Remove all Junipers (genus Juniperus) and Bamboo (genus Bambusa)
within 15 feet of any structure. Remove all Junipers (genus Juniperus) and
Bamboo (genus Bambusa) from 15 to 100 feet of a structure before January 1,
2011. After January 1, 2011, single specimens of Junipers or Bamboo are
permitted beyond 15 feet of a structure if separated by 2 times the height of the
taller of the nearest bush as measured from the most outer edge of the bush.
4) Remove or chip the wood of all dead trees and other dead vegetation from
the ground that is less than 3 inches in diameter, provided that the stump of a dead tree does not
need to be removed. Chipping materials left upon the surface of the ground shall not exceed a
depth of 3 inches.
B. Any person owning, leasing, controlling, operating or maintaining a property
containing a structure in or upon the City Wildland-Urban Interface shall at all times:
1) Remove combustible vegetation on the ground of the property within 10
feet of any highways, city streets, or private streets used for vehicle traffic.
2) Remove all vegetation within 10 feet of a chimney outlet.
3) Remove any portion of trees or brush on the property that overhang any
roadway and reach within 13 feet 6 inches (13'6") vertically above the roadway surface.
4) Remove any combustible vegetation under the eaves, decks or other
components of the structure on the property.
5) Maintain the roof of any structure on the property free of leaves, needles,
or dead vegetative growth.
6) Maintain woodpiles a minimum of 2 times the height of the woodpile
away from any component of the structure on the property.
C. To the extent there is any conflict, the vegetation management standards in this
Section shall supersede the property development standards for protecting the natural state of
property as contained in Sections 14.12.030(C) and 14.12.040 of the City of San Rafael
Municipal Code.
4.12.032 Exception to Veeetation Manaeement Standards for Creeks. Drainaee Ways
and Wetlands.
A. There shall be an exception from compliance with the requirements specified in
Section 4.12.030 with respect to any vegetation within a creek, wetland or drainage way within
the City Wildland-Urban Interface, or within 25 feet of the top of the bank bordering such a
creek or drainage way or within 25 feet of the edge of such a wetland.
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B. A person seeking an exception to the obligations specified in Section 4.12.030
shall make a written request to the Fire Chief for a determination as to the application and scope
of the aforementioned exception on property owned or controlled by such person. The person
making such a request shall provide the Fire Chief or his or her designee with access to the
person's property in order to conduct an investigation. The determination of the Fire Chief as to
the application and scope of the exception shall be final.
4.12.035 Exception to VeLyetation Management Standards for Protected Plants and
Wildlife.
A. There shall be an exception from compliance with the requirements specified in
Section 4.12.030 when such requirements would result in any of the following:
1) The destruction of a bird nest, egg, or bird in violation of Fish and Game
Code Sections 3503, 3503.5, or 3511;
2) Impacts on threatened or endangered species, including species protected
under any federal or state law or regulation adopted for the protection of threatened or
endangered species; or
3) Disturbance of an active raptor nest.
B. A person seeking an exception to the obligations specified in Section 4.12.030
shall make a written request to the Fire Chief for a determination as to the scope and application
of the aforementioned exception on property owned or controlled by such person. The person
making such a request shall provide the Fire Chief or his or her designee with access to the
person's property in order to conduct an investigation. The determination of the Fire Chief as to
the application and scope of the exception shall be final.
4.12.040 Right of Entrv.
Whenever necessary to make an inspection to enforce any of the provisions of this
Chapter, or whenever the Fire Chief has reasonable cause to believe that there exists upon any
premises any condition in violation of the provisions of this Chapter, the Fire Chief or authorized
representative is authorized to enter such premises at all reasonable times to inspect the same,
provided that if such premises is occupied, the Fire Chief or authorized representative shall first
present proper credentials and demand entry; and if such premises is unoccupied, the Fire Chief
shall first make a reasonable effort to locate the owner or other persons having charge or control
of the premises and demand entry. If such entry is refused, the Fire Chief shall have recourse to
every remedy provided by law to secure entry.
4.12.050 Enforcement and Penalties.
A. The Fire Chief shall have the authority to enforce the provisions of this Chapter as
provided in San Rafael Municipal Code Chapters 1.40, 1.42, 1.44, and 1.46.
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B. A violation of the provisions of this Chapter shall be a misdemeanor/infraction
and subject to the penalties set forth in Section 1.42.010 of the Code.
4.12.060 Abatement and Collection of Abatement Costs.
Any violation of the vegetation management standards of this Chapter shall be deemed a
public nuisance. Upon the failure of the responsible person to correct the violation and abate the
public nuisance, after reasonable notice and opportunity to correct has been given by the Fire
Chief, the City is entitled to abate the public nuisance by correcting the violations, and to collect
its abatement costs and related administrative costs by a nuisance abatement lien as more
particularly set forth in Government Code Section 38773.1, and by special assessment to be
collected by the Marin County Tax Collector as more specifically set forth in Government Code
Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the
report to the Tax Collector for collection of this special assessment, the Fire Chief shall mail a
notice to the record owner, at the address on file with the County Assessor, of an intent to charge
the property owner for the abatement costs and related administrative costs related to abatement
of the pubic nuisance and enforcement of the provisions of this Chapter. The notice shall include
a summary of the abatement and related administrative costs. The property owner may appeal
the Fire Chief's decision to charge the property owner for the foregoing costs by filing a written
appeal with the City Clerk within fifteen (15) days of the date of the Fire Chief's notice. The
City Manager or his or her designee shall hear the appeal, and the decision of the City Manager
shall be final. In addition to the foregoing, the City is authorized to file a civil action to collect
the foregoing abatement and related administrative costs from the property owner or other
responsible person in possession or control of the subject property, in which action the City also
shall be entitled to recover its costs and reasonable attorneys' fees.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, clauses or phrases be declared invalid.
DIVISION 3:
The Council has determined that the vegetation management required by this Ordinance
within 100 feet of structures located within the Wildland-Urban Interface described in this
Ordinance is required due to the extra hazardous fire conditions that exist within such Wildland-
Urban Interface, and therefore finds that the enactment of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to 14 California Code
of Regulations Section 15304. In addition, the Council finds that this Ordinance is exempt from
the provisions of CEQA pursuant to 14 California Code of Regulations Sections 15307 and
15308.
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DIVISION 4:
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation, published, and circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage.
/�'ALBERT J /ORO, Ma or
ATTEST:
JBXNN M. LEONCINI, City Clerk
The foregoing Ordinance No.1856 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 2°a day of July, 2007 and ordered passed to print
by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 16th day of July, 2007.
J=M. LEO CINI, City Clerk