HomeMy WebLinkAboutFD Amendment of the Current Vegetation Management Ordinance____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: February 1, 2021
Disposition: Passed Ordinance No. 1988 to print
Agenda Item No: 7.a
Meeting Date: February 1, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: San Rafael Fire Department
Prepared by: Darin White, Fire Chief
Quinn Gardner, Emergency Manager
City Manager Approval: ____________
TOPIC: AMENDMENT OF THE CURRENT VEGETATION MANAGEMENT ORDINANCE
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 4.12.010 AND 4.12.030
OF THE SAN RAFAEL MUNICIPAL CODE TO ESTABLISH CITYWIDE VEGETATION
MANAGEMENT AND WILDFIRE MITIGATION STANDARDS TO HELP REDUCE THE
RISK OF A CATASTROPHIC WILDFIRE.
RECOMMENDATION: Staff recommends that the City Council pass to print the proposed ordinance
making changes to San Rafael Municipal Code sections 4.12.010 and 4.12.030, establishing citywide
vegetation standards to protect lives and property from the threat of wildfire.
BACKGROUND:
While wildfires are a natural part of California’s landscape, the fire season in California and across the
West is starting earlier and ending later each year and is filled with larger and more devasting fires.
Warmer spring and summer temperatures, reduced snowpack, and earlier spring snowmelt create longer
and more intense dry seasons that increase moisture stress on vegetation and make our environment
more susceptible to severe wildfire. Despite fire season typically ending in late fall, when precipitation
levels increase, Southern California experienced a rare Red Flag warning on December 23rd, 2020, the
latest date a warning of that level has ever been recorded. On January 19th, 2021 additional Red Flag
warnings were issued in Southern California and similar conditions resulted in wildfires in Santa Cruz and
San Mateo counties.
Another contributor to the wildfire problem is that decades of fire suppression have disrupted natural fire
cycles, leading to fuel build-up and more intense fires. Due to these factors, the state can expect to
experience longer fire seasons, greater acreage burned, increased frequency and severity of drought,
and related impacts such as widespread tree mortality and bark beetle infestation. Climate change is
considered a key driver of this trend and is acting as a force-multiplier that will increasingly exacerbate
wildland fires over the coming decades.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
San Rafael’s unique topography and geography make the entire city particularly susceptible to fires,
particularly wind driven events. Currently, the City’s wildfire prevention efforts focus on our Wildland
Urban Interface (WUI) areas, which were established to identify areas thought to be most at risk for being
impacted by a wildfire. However, increasingly high and unpredictable winds contribute to fire ignitions
and spread well beyond traditional WUI boundaries. Wind-borne embers can account for up to 90 percent
of home ignitions, at times a mile or more from the active flame front.
The WUI is not a place, per se, but it can be described as an area in which a set of conditions exist that
predispose the area to wildfire ignition and spread. According to the National Fire Protection Association,
conditions include (but are not limited to): the amount, type, and distribution of vegetation; the flammability
of the structures (homes, businesses, outbuildings, decks, fences) in the area, and their proximity to fire-
prone vegetation and to other combustible structures, weather patterns and general climate conditions,
topography, hydrology, average lot size, and road construction. While about half of San Rafael’s
properties fall within the WUI, the majority of the city lies in close enough proximity to and/or has many
of the same conditions as the WUI, so that a wildfire in any area of the City could prove catastrophic. The
lack of structure and vegetation standards and the accompanying wildfire prevention and mitigation
education efforts outside the WUI is contributing to increasing risk for half the City.
In 2007, to provide standards for the creation of defensible space on properties within the WUI, the City
of San Rafael adopted a model ordinance for vegetation management in the WUI. However, as climate
change and increased fuel build-up contribute to more devasting fires, these boundaries are no longer
sufficient or effective. It is now necessary to adopt vegetation management standards for property owners
throughout the City of San Rafael to reduce the potential and intensity of uncontrolled fires that can
threaten to destroy resources, life, or property.
In response to devasting wildfire events in 2017 and 2018, the City Council directed staff to create the
San Rafael Wildfire Prevention and Protection Action Plan (WPPAP), which was adopted as the wildfire
prevention and mitigation framework in August of 2020. Prior to the Plan’s adoption, a Citizens Wildfire
Advisory Committee, led by then Mayor Phillips and Councilmember Bushey, met, reviewed, discussed,
and had their suggestions incorporated into the final WPPAP and implementation strategies. Action items
1, 2, and 3 of the WPPAP specifically call for the creation of the standards included in the proposed
ordinance to reduce impacts of wildfire in and around San Rafael.
In March of 2020, Marin County voters approved Measure C, a parcel tax to fund wildfire prevention
efforts in Marin County. Measure C established and funds the Marin Wildfire Prevention Authority
(MWPA). The MWPA consists of 17 Marin County agencies and is tasked with improving wildfire safety
for all of Marin residents, businesses and visitors. To further that goal, the MWPA has produced a 2020
Work Plan, comprised of information gleaned from National Fire Protection Association (NFPA) lessons
learned; the 2016 Marin Community Wildland Protection Plan (CWPP), 2017 Lessons Learned Report;
a 2018 NFPA Report entitled, “Wildfire Risks: 3 Powerful Tips to Move People to Action,” and the 2018-
2019 Marin County Civil Grand Jury Report entitled: Wildfire Preparedness - A New Approach, Fire Safe
Marin, and Firewise Neighborhoods across Marin. Using the WPPAP and MWPA Work Plan as a guide,
City staff have developed the proposed ordinances to improve the City’s resilience to wildfires through
proper vegetation management around all structures and roadways.
These proposed standards will develop defensible space around all structures in San Rafael. Proper
establishment and maintenance of defensible space benefits property owners, public safety personnel
and all residents of the City by dramatically increasing the likelihood that structures will survive a wildfire
as well as providing for firefighter safety during a firestorm and generally aiding in the protection of lives.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Furthermore, reducing structure ignitions directly correlates to a slower rate of fire spread and protects
neighboring homes.
ANALYSIS:
The purpose of the proposed Ordinance change is to provide vegetation management standards to
decrease the likelihood of ignition of a structure during direct flame impingement or exposure to embers
projected by a wildfire. The removal of hazardous vegetation in the areas subject to this Ordinance are
recognized as an essential action homeowners and property owners can take to increase the chances
that homes, structures and other property will survive a wildfire, while protecting the natural environment.
The specific elements of the Ordinance were included in the WPPAP and developed from the NFPA, the
California Fire Code, and extensive review of policies and practices from other regional jurisdictions. In
addition, these recommendations are aligned with national wildfire research conducted by the Insurance
Institute for Business and Home Safety and the FIREWISE national wildfire fire safety campaign.
For fire to start and sustain, heat, oxygen, and fuel are needed. A wildfire can be ignited if a spark (heat)
connects with anything combustible (fuel) in any environment containing oxygen. Avoiding sparks and
other heat sources can prevent wildfires. Wildfire mitigation focuses on reducing fuel to reduce the ability
of a wildfire to spread and impact lives and property. Fuels can include everything from trees, underbrush
and dry grassy fields to homes and other structures. The simplest and most practical wildfire prevention
and mitigation action property owners can take is to treat and remove fuels, including fire hazardous
vegetation, and other combustible material from around homes and other structures.
Small and light fuel materials, also called flashy fuels, such as dry grass, pine needles, dry leaves, twigs
and other dead brush, ignite easier and burn faster than large logs or stumps. Since a twig's surface area
is not much larger than its volume, it ignites quickly. By comparison, a tree's surface area is much smaller
than its volume, so it needs more time to heat up before it ignites. These varying ignition potentials are
reflected in the proposed ordinance.
During wildfire season, the City of San Rafael generally experiences dry, arid, windy weather systems,
which are conducive to wildfires. The City also has a very diverse and complex topography, which
includes dry, brush and grass-covered wildlands, mountainous areas, densely forested properties, ridges,
canyons, and other terrain, which are also home to many sensitive plant and animal species. Many of
the City’s native and non-native plant species can be highly combustible during normal dry periods and
have the potential to contribute significantly to the spread of wildfires within the City. Difficult topography
and terrain exacerbate the fire danger and the difficulty of fighting wildfires, and in similar areas have
resulted in catastrophic fire losses to life, property and the environment. The proximity of some of these
features to the City center poses the risk of an urban conflagration, should a wildfire ignite.
An urban conflagration is a large destructive fire that moves beyond the WUI and penetrates an urban
area, threatening entire neighborhoods. As the fire rapidly spreads, structures themselves can act as
fuel, and firefighters are left with no time to construct fire breaks or extinguish ignited homes. The
vegetation and other combustible material adjacent to and surrounding homes is the greatest contributor
to ember ignitions and fire spread.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
California Government Code section 51182(a)(1) specifies that by local ordinance, rule, or regulation, a
local agency may require a defensible space of more than 100 feet. Defensible space refers to an area
around the perimeter of structures from which vegetation, debris, and other types of combustible fuels
are treated, cleared, or reduced to slow the rate and intensity of potentially approaching wildfire or fire
escaping from structures. The creation of adequate defensible space focuses on measures to modify or
break up the hazards emanating from the continuity of both horizontal and vertical fuels. Fuels that exhibit
a large degree of both vertical and horizontal continuity are the most hazardous; particularly when they
are on slopes. Thus, mitigation of wildfire hazards within the defensible space perimeter focuses not only
on breaking up the continuity of horizontal and vertical fuels but also addresses environmental concerns
like habitat and erosion protection.
Regular fuel management and modifications consistent with the requirements of this Ordinance are
necessary to ensure adequate defensible space is achieved on properties throughout the City. The
defensible space established by this Ordinance is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structures; currently there is no other feasible
mitigation measure available to reduce the risk of ignition or spread of wildfire to structures on adjacent
improved parcels.
Organizations such as the National Fire Protection Association (NFPA), Firewise USA and the
Insurance Institute for Business and Home Safety (IIBHS) have identified three zones within the
defensible space surrounding a structure in which mitigation efforts should be concentrated. Staff have
used these zones to organize and establish specific vegetation standards.
1. The Immediate Zone (0 to 5 feet of a structure)
This zone is most vulnerable to embers and should be clear of all dead and flammable vegetation.
2. The Intermediate Zone (5 to 30 feet from a structure).
This area should be carefully landscaped to act as a fire break.
3. The Extended Zone (30 to 100 feet or in some cases, up to 200 feet, from a structure).
This zone should act to interrupt the path of fire and keep embers from becoming airborne.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
The above graphic from FireSafe Marin provides a sample illustration of the Immediate, Intermediate,
and Extended Zones as well as the Access Zone to promote safe egress. Appropriate defensible space
does not require, or advocate, the clear cutting of trees and brush, but rather horizontal and vertical
spacing and maintenance. A continuous canopy of fire-resistant trees may be desirable in some
Intermediate or Extended zones to create shade (sometimes referred to as a "shaded fuel-break") which
acts to suppress weeds and grasses (flash fuels) and help retain moisture.
When implementing defensible space, the priority is to start at the Immediate zone (0-5ft) and work
outwards, concentrating the greatest effort on combustible vegetation and other materials within five feet
of the house and any attached decks and moving to the Intermediate and Extended zones. This is
referred to as the ‘house out” or “home outward” approach. Staff is recommending establishing vegetation
standards that follow this approach and the best practices above, as identified by the NFPA, FEMA and
the IIBHS. These best practices are intended to support homeowners to modify the existing built
environment, to create good defensible spaces, reduce hazards, and create a more fire-adapted
community
In San Rafael, many properties will share the same Intermediate or Extended Zones. The house out
approach will help each property owner clearly understand the requirements and their responsibility for
each zone on their property in relation to any nearby structure. The overlap of zones and property lines
is one of the reasons the City, the MWPA, and FireSafe Marin continue to support the efforts of residents
to work together to reduce wildfire risk and become a recognized Firewise USA neighborhood. The
Firewise program offers a voluntary collaborative framework to help neighbors get organized, find
direction, and take action to reduce wildfire risk.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
The cost of wildfires is often quantified in lives lost, structures destroyed, and acres burned. In California
alone, the 2020 wildfire season had, as of mid-October, killed more than 30 people, destroyed some
8,500 structures, and torched a record-breaking 4 million acres of land. While these are startling statistics,
the total cost of wildfires extends well beyond these three metrics, starting with the funds it takes to
contain or suppress wildfires. According to data from the National Interagency Fire Center, Federal
wildfire suppression costs in the United States have spiked from an annual average of roughly $425
million from 1985 to 1999 to $1.6 billion from 2000 to 2019. State suppression costs have also risen; in
California, over the past decade the average annual suppression cost has nearly doubled compared to
the previous one, reaching close to $400 million. The most recent CAL FIRE data released suggest the
agency is on pace to spend nearly $700 million on suppression for the 2019/2020 fiscal year. There are
also less quantifiable metrics that may be even more costly, including disruptions to business, taxes, and
tourism; residents left with soaring medical bills; and polluted air, soil, and waterways.
According to recent estimates, more than 4.5 million U.S. properties are at high to extreme wildfire risk
and losses from wildfires have added up to $5.1 billion over the past ten years. While direct financial
impacts to San Rafael are difficult to quantify due to the unpredictability of a catastrophic wildfire; the
likelihood of a wildfire in our region is significant and fires have occurred nearby with devastating
consequences. Using data from the Marin Community Wildfire Protection Plan (CWPP) and Marin County
Parcel/Assessor’s data, San Rafael’s Local Hazard Mitigation Plan (LHMP) places nearly $1 billion in
value in the very high hazard area during regular fire conditions and nearly $4 billion in potential loses
during extreme fire conditions. The relative hazard level incorporates population density, flame length,
and rate of fire spread in the ranking.
Some residents may initially see an increase in costs to comply with these proposed standards, but
ongoing compliance should be similar to current landscape maintenance costs. The costs versus
potential savings are enormous when compared to the cost of wildfire damage to a residence. Standards
will be applied incrementally when permissible, dependent on the severity of the hazard. The reality of
the risk and expense of a wildfire can be lowered by simple but deliberate maintenance practices around
the home. In pursuit of these defensible space efforts, San Rafael residents may ultimately realize
economic benefit on their property insurance as our community complies with these best practices.
The attached ordinance amendment builds upon existing vegetation standards and the recommendations
included in the Wildfire Action Plan. In addition to applying the standards to all properties in the City
(Wildfire Action Plan item 2), new maintenance and spacing requirements are included. All of the
recommendations are based off science, existing standards, and elements included in the Wildfire Action
Plan.
The following chart illustrates the reference or source of the content and specific language in the
proposed amendments. All of these reference sources have been through extensive community review
and input as part of the Wildfire Action Plan adoption and/or previous ordinance adoption. Proposed
Section 2) B5 specifically addresses item 1 of the Wildfire Action Plan, removing highly flammable
vegetation throughout San Rafael. Item 3 of the Wildfire Action Plan, mostly covered in proposed Section
2) C, establishes specific standards for the 0-5 feet zone around any structure. Adopting these new
standards is the next essential step in implementing items 1, 2, and 3 of the adopted Wildfire Action Plan.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
Proposed Ordinance Item Reference Source
Apply Division 1 Citywide WPAPP action item 2
Division 1, Section 2) A1 Existing SRMC 4.12.030 A1
Division 1, Section 2) A2 Existing SRMC 4.12.030 A2
Division 1, Section 2) A3 Existing SRMC 4.12.030 A4
Division 1, Section 2) A4 Existing SRMC 4.12.030 A3
Division 1, Section 2) A5 Existing SRMC 4.12.030 B1
Division 1, Section 2) A6 Existing SRMC 4.12.030 B3
Division 1, Section 2) B1 CA Fire Code 15.15.190
Division 1, Section 2) B2 Existing SRMC 4.12.030 B2
Division 1, Section 2) B3 Existing SRMC 4.12.030 B6
Division 1, Section 2) B4 WPAPP action item 3D
Division 1, Section 2) B5 Existing SRMC 4.12.030 A3 Exception; WPPAP action item 1
Division 1, Section 2) C1 Existing SRMC 4.12.030 B5
Division 1, Section 2) C2 WPAPP action item 3A
Division 1, Section 2) C3 WPAPP action item 3C
Division 1, Section 2) C4 WPAPP action item 3B
Division 1, Section 2) C5 Existing SRMC 4.12.030 B4
Division 1, Section 2) C6 WPAPP action item 3E
Division 1, Section 2) C7 WPAPP action item 3F
Division 1, Section 2) C8 WPAPP action item 3G
Division 1, Section 2) D WPPAP action item 3 narrative; community and committee
feedback
The implementation of these proposed changes will include extensive outreach and education as well as
direct support to remove hazardous vegetation through an ongoing partnership with AmeriCorps and
expanded MWPA funded chipper days. In addition, the MWPA is in the process of developing a grant
program to offer financial assistance for completed defensible space work. Full time and seasonal staff
will provide one on one education and planning consultations through defensible space evaluations and
reports. Staff will make all reasonable efforts to work with property owners to achieve voluntary
compliance with the standards before initiating any punitive corrective measures. Measure C funds will
support the additional staff and assistance to residents so all of San Rafael can achieve and maintain
defensible space.
The proposed updates require minimal changes for WUI properties and therefore staff recommends
these changes be applicable in the WUI on August 1st, 2021. This would realize the benefits of these
changes in the WUI prior to what is considered peak wildfire season. For properties outside the WUI, the
proposed changes may require more effort and therefore staff is recommending residents be given a full
year to comply. By requiring compliance for properties outside the WUI by April 1, 2022, staff will have
time to evaluate compliance and help owners achieve defensible space prior to the peak 2022 wildfire
season. Support for residents, including defensible space evaluations and reports, chipper days, and the
AmeriCorps supported direct assistance program to remove vegetation, will be available to help residents
meet these deadlines.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
COMMUNITY OUTREACH:
Extensive feedback from the public was incorporated into the Wildfire Prevention and Protection Plan,
including feedback directly related to this proposed change to the City’s municipal code. Feedback will
continue to be welcomed and considered throughout the ordinance drafting, public hearing, and adoption
process.
After presenting the draft Plan on January 22, 2020, staff gathered public feedback and additional input
from many community partners. These efforts included but were not limited to a community meeting at
City Hall on February 11th, 2020, and meetings with the Marin County Fire Chiefs, Marin Association of
Realtors, Marin County Fire Prevention Officers, San Rafael Fire Commission, San Rafael
Neighborhoods Association, and Friends of China Camp. Presentations, including time for questions and
feedback, were made to the Gerstle Park Neighborhood Association, Lincoln-San Rafael Hill
Neighborhood Association, Rotary Club of San Rafael, San Pedro Road Coalition, Villa Real HOA and
Marinwood Community Services District. In addition, the Plan was presented, and feedback received at
meetings with San Rafael CERT, attendees of 1 Hour 2 Get Ready, and the County Public Disaster
Education and Preparedness Committee (PDEP).
Additional outreach was conducted using various online tools, including social media and the City of San
Rafael website. The City website was updated shortly after the January 22nd meeting to include a copy
of the draft Plan, supporting documentation, and an online feedback form. Short videos describing
aspects of the Plan and encouraging feedback later were added to the website. As of March 8th, 2020,
the dedicated webpage and feedback form had 3,736 views and 84 submissions, many with multiple
comments. Two Nextdoor poll questions had over 325 total responses. Staff will continue to host
community workshops, meetings and continue social media outreach and digital updates to engage and
inform the public.
Prior to and during implementation of this ordinance, staff will conduct social media outreach via Nextdoor
and the City website, distribute educational mailers to affected residents, and use other digital and print
tools to continue to engage and inform the public.
The Citizens Wildfire Advisory Committee offered extensive feedback to the WPPAP items specifically
relating to this. Their feedback included a focus on positive language and offering educational alternatives
to fire hazardous plants. The committee acknowledged the risk, as supported by scientific research and
recent case studies. The WPPAP that was presented to and adopted by City Council in August of 2020
had the committee’s support.
FISCAL IMPACT: Staff time associated with public education, implementation and enforcement is
covered by Measure C, MWPA defensible space funds. Assistance for property owners to meet the new
standards, such as community chipper days, will also be covered by MWPA funds.
OPTIONS:
Staff suggest the following options be considered on this matter:
1. Pass to print the ordinance making amendments to SRMC sections 4.12.010 and 4.12.030
2. Pass the ordinance to print with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
Pass to print attached proposed ordinance amending SRMC Sections 4.12.010 and 4.12.030.
ATTACHMENTS:
1. Ordinance
2. Public Notice of Ordinance for citywide vegetation management standards
3. Example Images
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ORDINANCE NO. 1988
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SECTIONS 4.12.010 AND 4.12.030 OF THE SAN RAFAEL
MUNICIPAL CODE TO ESTABLISH CITYWIDE VEGETATION
MANAGEMENT AND WILDFIRE MITIGATION STANDARDS TO HELP
REDUCE THE RISK OF A CATASTROPHIC WILDFIRE
WHEREAS, intensifying climate change and extensive fuel build-up are
contributing to the increasing threat of wildfire throughout Marin County and, to the
extent possible, should be addressed through ecologically sound practices that
minimize release of greenhouse gases and protect the biodiversity and resilience of
Marin‘s landscapes; and
WHEREAS hazardous vegetation and/or combustible materials pose a
significant danger to the health, safety, and welfare of the public by fueling and
propelling wildfires, thereby increasing the danger to lives, property, and the
environment; and
WHEREAS lack of proper vegetation management has the potential to create fire
hazards that can have potentially devastating consequences for the entire community;
and
WHEREAS California Government Code section 51182(a)(1) specifies that by
local ordinance, rule, or regulation, a local agency may require a defensible space of
more than 100 feet; and
WHEREAS research conducted by the Institute for Business and Home Safety
has demonstrated that the first 0-5’ around a structure (the immediate zone) poses the
greatest risk to exposure to flying embers and direct flame contact; and
WHEREAS the spread and severity of fires occurring in San Rafael is of
particular concern, given that the City is a predominantly hillside community where a
significant number of structures are single family dwellings built on sloping terrain and
are in close proximity to one another; and
WHEREAS San Rafael property owners are increasingly faced with managing
hazardous fuel conditions on their property, and management and control of fire-prone
vegetation is essential to the safety of life and property; and
WHEREAS as proven by the most recent devasting fire seasons of 2017, 2018,
and 2020, wildfires do not respect human established boundaries such as the wildland
urban interface (WUI); and
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WHEREAS uniform application of all vegetation management and fire prevention
related codes and ordinances has been shown to improve wildfire resilience throughout
the community; and
WHEREAS Items 1, 2, and 3 of the San Rafael Wildfire Prevention and
Protection Action Plan, adopted August 2020 calls for the application of more stringent
vegetation management, defensible space and fire mitigation standards citywide; and
WHEREAS appropriate defensible space does not require or advocate the clear
cutting of trees and brush, but rather horizontal and vertical spacing and maintenance;
WHEREAS it is the intent of the City Council to adopt amendments to the
existing vegetation management ordinance which reduce San Rafael’s wildfire
vulnerability as it relates to fire-prone vegetation and remove barriers, when
appropriate, for private property owners to achieve responsible management of fire-
prone plant species; and
WHEREAS the City Council finds that this project is not subject to the provisions
of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
Section 15304(b) and 15304(i) because the proposed Municipal Code amendments
seek to allow minor alterations to land to facilitate replacement of conventional
landscaping with fire resistant landscaping, and to facilitate fire fuel management
activities on public and private property; and
WHEREAS notice of the San Rafael City Council public hearing on the proposed
Municipal Code amendments was sent by email to all those who subscribe and on the
City website as well as presented during homeowner and neighborhood association
meetings, online feedback forms and social media platforms such as Nextdoor, and
extensive community input was received and incorporated; and
WHEREAS, on February 1, 2021, the City Council of the San Rafael conducted a
public hearing on the item and considered all oral and written comments submitted to
the City regarding the item prior to taking its actions on the item;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: AMENDMENTS.
1) Section 4.12.010 of the San Rafael Municipal Code, entitled “Purpose and intent”
is hereby amended to read in its entirety as follows:
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
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council resolution, which is a designation of a very high severity zone as provided in
Government Code Section 51179, and establishes citywide specific vegetation
management standards which will be required for all properties in the WUI on or before
August 1, 2021 and for properties outside the WUI by April 1, 2022 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.
2) Section 4.12.030 of the San Rafael Municipal Code, entitled “Vegetation
Management Standards” is hereby amended to read in its entirety as follows:
A. Any person owning, leasing, controlling, operating or maintaining a property
containing a structure in the City of San Rafael, 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 defensible space within one
hundred (100’) feet of the structure as follows:
1.) Raise the crown of all trees by removing growth less than three
inches (3″) in diameter, from the ground up to a maximum height of 5 feet (5′), as
identified by the National Fire Protection Association, 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 three inches (3″).
3.) Remove or chip the wood of all dead trees and other dead vegetation
from the ground that is less than three inches (3″) 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 three inches (3″).
4.) 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 noncombustible bush on
slopes 0 to twenty percent (20%), four (4) times the height of the next adjacent
combustible or noncombustible bush on slopes twenty-one (21) to forty percent
(40%), and six (6) times the height of the next adjacent combustible or
noncombustible bush on slopes exceeding forty percent (40%) as measured from
the most outer edge of both bushes.
5.) Remove any portion of trees or brush on the property that overhang any
roadway and reach within thirteen feet six inches (13′6″) vertically above the
roadway surface, regardless of proximity to structure.
6.) Remove Combustible Vegetation on the ground of the property within
ten feet (10′) of any highways, city streets, or private streets used for vehicle traffic
or egress from the property, regardless of proximity to structure.
B. In addition, any person owning, leasing, controlling, operating, or maintaining
property in the City of San Rafael shall, at all times, within the Intermediate zone (5-30ft
from any structure):
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1.) Maintain an effective firebreak (a strip of land in which vegetation has
been modified rather than completely removed) by thinning and clearing away
flammable vegetation and combustible growth from areas within thirty feet (30’) of
any structures.
2.) Remove all vegetation within ten feet (10′) of a chimney or stovepipe
outlet.
3.) Maintain woodpiles a minimum of ten feet (10’) and two (2) times the
height of the woodpile away from any component of the structure on the property.
4.) Mulch and other combustible ground coverings are only permitted when
no contact is made with combustible exterior walls or plants. Rocks, pavers, and
similar are encouraged.
5.) Remove all Junipers (genus Juniperus), Bamboo (genus Bambusa),
Acacia (genus Acacia), and Italian Cypress (genus Cupressus sempervirens).
C. In addition, the following shall apply to the Immediate zone (0-5ft from any
structure) on all properties owned, leased, controlled, operated, or maintained within the
City of San Rafael
1.) Maintain the roof, gutters, decks, porches, and stairways of any structure
on the property free of accumulated leaves, needles, or dead vegetative growth.
2.) All vegetation within five feet (5’) of structure shall be well-irrigated and
maintained to eliminate any dead or dying material build-up and trimmed to prevent
contact with the structure.
3.) Vines and ivy shall be well-irrigated and maintained to eliminate any
dead or dying material build-up.
4.) Single specimen trees shall be permitted when well-irrigated, limbed
over five feet (5’) or one third of the tree height and have 5’ between other tree
canopies. Dead and dying branches shall not overhang any structure.
5.) Remove any Combustible Vegetation under the eaves, decks, or other
components of the structure on the property.
6.) Ensure that vegetation is not continuous or able to serve as a fire bridge
or ladder between other vegetation and the structure.
7.) Vegetation directly under windows or encroaching within two feet of
windows, may not include fire hazardous species as identified by FIRESafe Marin,
National Fire Protection Association or local fire officials.
8.) No vegetation shall make direct contact with combustible elements of a
structure. Well maintained vegetation may contact Class A and non-combustible
materials such as, but not limited to concrete, brick, and stucco.
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D. Single specimen exemptions to these regulations, including for erosion
control, may be granted at the discretion of the Fire Chief or their designee.
E. 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 this code.
DIVISION 2: SEVERABILITY.
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, sentences, clauses, or phrases be
declared invalid.
DIVISION 3: PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the office of the City Clerk at least five (5)
days prior to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final
passage, and the summary of this Ordinance shall be published within fifteen (15) days
after the adoption, together with the names of the Councilmembers voting for or against
same, in the Marin Independent Journal, a newspaper of general circulation published
and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the
office of the City Clerk, a certified copy of the full text of this Ordinance along with the
names of those Councilmembers voting for and against the Ordinance.
Kate Colin, Mayor
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ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1988 was introduced at a regular meeting of the City Council
of the City of San Rafael on February 1, 2021 and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
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 February 16, 2021.
LINDSAY LARA, City Clerk
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
The City Council of the City of San Rafael will hold a public hearing:
PURPOSE: Public Hearing: To consider adoption of an ordinance making
amendments to San Rafael Municipal Code Title 4 (Fire),
sections 4.12.010 and 4.12.030. to expand vegetation standards
now applied in the City’s Wildland-Urban Interface and to
apply those updates standards to to apply to properties
throughout the City so as to protect lives and property from
wildfire.
DATE/TIME/PLACE: Monday, February 1, 2021, at 7:00 p.m.
Consistent with Executive Orders No.-25-20 and No. N-29-20
from the Executive Department of the State of California and
the Marin County Shelter in Place Order, the San Rafael City
Council hearing of February 1, 2021 will not be physically open
to the public and the meeting will be streamed live to YouTube
at www.youtube.com/cityofsanrafael. Instructions on how to
participate online will be available on the YouTube channel.
You will also be able to listen/speak by telephone. The number
will be provided on agenda.
WHAT WILL HAPPEN: You may comment on the proposed vegetation ordinance
changes. The City Council will consider all public testimony
and will then decide whether to pass the amendments to print.
IF YOU CANNOT ATTEND: You may send a letter to City Clerk, City of San Rafael,
1400 Fifth Avenue, Room 209, San Rafael, CA 94915 or by
email Lindsay.Lara@cityofsanrafael.org.
FOR MORE INFORMATION: You may contact Quinn Gardner, Emergency Manager, at (415)
485-5336 or quinn.gardner@cityofsanrafael.org. Office hours
are Monday through Friday, 8:30 a.m. to 5:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ LINDSAY LARA
LINDSAY LARA, City Clerk
Examples of Vegetation Management Efforts and Impacts
A large juniper was removed from the driveway of this property.The remaining vegetation appears
healthy, although some additional spacing would improve this properties defensible space. The tree in
the foreground is appropirately limbed to provide vertical spacing
Example 1
Before
Example 1
After
Examples of Vegetation Management Efforts and Impacts
The dead and dying vegetation was removed from the vine on a property’s trellis. The after image shows
will maintained and irragated Ivy, with non-combusitble material (pavement) at it’s base. The branches
of large tree in the right of the after image should be trimmed to prevent contact with the structure.
Example 2
Before
Example 2
After
Examples of Vegetation Management Efforts and Impacts
These images show the removal of a large Juniper from the front of the property, within 10 feet of the
roadway and driveway. The lawn is well irragated and plants in the Immediate Zone appear healthy.
Example 3
Before
Example 3
After
Examples of Vegetation Management Efforts and Impacts
In the photo above the Italian Cypress near the home (left) and juniper near the street (bottom right)
were scheduled for removal as seen in the after images below. The ground cover as well as the health
and spacing of the plants to the left of the driveway provide good defensible space.
Example 4
Before
Example 4
After
