HomeMy WebLinkAboutOrdinance 1988 (Amendment of the Current Vegetation Management Ordinance)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
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
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 1st day of February
2021; a SUMMARY of Ordinance No. 1988 was published as required by City Charter in
the MARIN 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 February 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
17th day of February 2021
_______________
LINDSAY LARA
City Clerk
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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 the risk of
wildfires should be mitigated while also considering ecologically sound practices including
habitat protection, carbon resource management, and defensible space for ecological
benefit; 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 council
resolution, which is a designation of a very high severity zone as provided in Government
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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
ATTEST:
LINDSAY LARA, City Clerk
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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