San Rafael Municipal Code Ch. 4.12 Wildland-Urban Interface — Vegetation Management Standards

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 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.

(Ord. 1856 § 1 (part), 2007; Ord. No. 1988, § 1, 2-16-2021)

As used in this chapter:

"Combustible vegetation" means vegetation that ignites readily and burns intensely as more specifically identified by resolution of the city council.

"Crown" means the branch and related growth structure of a bush or tree.

"Defensible space" means that area one hundred feet (100′) 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 one hundred feet (100′) from its structure, adjacent parcels must follow requirements found within Section 4.12.030 to complete the remaining footage for a total of one hundred feet (100′).

"Fire chief" means the chief officer of the city's fire department, or his or her designated representative.

"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.

"Raise the crown" means to remove lower branches and vegetative growth of trees.

"Structure" means anything built or constructed that is inhabited or subject to habitation, and any related garages, workshops, pool houses or other accessory structures.

"Vegetation management" means the management of vegetation as required by this chapter, including the removal of combustible vegetation.

"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."

(Ord. 1856 § 1 (part), 2007).

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 feet (100′) 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 (⅓) 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 zero (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 (five to thirty feet (5—30′) from any structure):

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 (zero to five feet (0—5′) 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 (⅓) of the tree height and have five feet (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 (2) 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.

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.

(Ord. 1856 § 1 (part), 2007; Ord. No. 1988, § 1, 2-16-2021)

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 twenty-five feet (25′) of the top of the bank bordering such a creek or drainage way or within twenty-five feet (25′) of the edge of such a wetland.

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.

(Ord. 1856 § 1 (part), 2007).

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 Section 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.

(Ord. 1856 § 1 (part), 2007).

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.

(Ord. 1856 § 1 (part), 2007).

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.

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 this code.

(Ord. 1856 § 1 (part), 2007).

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 public 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.

(Ord. 1856 § 1 (part), 2007).