ORDINANCE NO. ORD- 2023- 016
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 9- 30 TO TITLE 9 HEALTH AND SAFETY OF THE SANTA ROSA CITY CODE
PERTAINING TO HAZARDOUS VEGETATION AND FUELS MANAGEMENT THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section1. The Council finds basedon evidenceandrecordspresented, that this ordinanceis necessaryfor theprotectionof the public peace, health, safetyandwelfare.
Section 2. Chapter 9- 30 Hazardous Vegetation and Fuels Management is added to the .
City Code to read as follows:
HAZARDOUS VEGETATION AND FUELS MANAGEMENT"
9- 30. 010 Purpose and intent.
A) The purpose and intent of this Chapter is to require compliance with defensible spacefor all parcelswithin the Wildland Urban InterfaceFire area. It will alsorequireproperty owners to maintain defensible space throughout the entire Wildland Urban Interface Fire Area, remove dead trees, hazardous vegetation and limit certain mulch under specific conditions.
B) Reducingthe vegetativefuel load andmaintaining defensiblespaceis a critical part of the City' s efforts to mitigate wildfire danger.
C) Thegoal of this Chapteris to modify fire behaviorin aneffort to reduce environmentaldamageand aid in suppressingwildfires. Benefitsfrom defensiblespaceandfuels mitigation include: preventlossof lives, reducefire suppressioncosts, reduceprivate property lossesandprotectnaturalresourcesfrom devastatingwildfire. 9- 30. 020 Application.
Theprovisions of this Chaptershall apply specifically to parcelswithin the Wildland Urban InterfaceFire Area andother areasaffectedby wildfires. 9- 30. 030 Definitions.
A) " Fire Chief' means the Fire Chief for the Santa Rosa Fire Department or the designee thereof.
B) " Fire Department" meansthe Fire Departmentof the City of SantaRosa.
C) " Wildland-Urban InterfaceFire Area" meansa geographicalareain the City at significant risk from wildfires asdesignatedon the map entitled Wildland-Urban Interface, Fire Area datedJanuary28, 2009, andretainedon file in the City GeographicInformation System GIS) and in the office of the City' s Fire Marshal. The Wildland- Urban Interface Fire Area includesVery High Fire HazardSeverityZonesrecommendedby the Director of the California Ord. No. ORD- 2023- 016
Departmentof ForestryandFire Protectionpursuantto Public ResourcesCodeSections4201- 4204 and Government Code Sections 51175- 51189.
9-30.040 Violation - penalty.
Any personwho violates or fails to comply with anyprovision of this Chapter, or who violatesor fails to comply with any orderor regulationmadethereunder, or who violates any provisions of apermit issuedthereunder, shall be guilty of amisdemeanoror infraction as determinedby the City Attorney pursuantto Chapter1-28. The City Attorney may seeklegal, injunctive, administrative or other equitable relief to enforce this Chapter. The remedies and penaltiesprovided in this sectionarecumulativeandnot exclusiveandnothing in this section shallprecludethe City from pursuingany otherremediesprovidedby law. In addition to any relief availableto the City, the City shall be entitled to recoverreasonableattorneys' feesand costs incurred in enforcement of this Chapter.
9.30.050 Responsibility for enforcement.
Except asotherwiseprovided herein, the Fire Chief shall beresponsiblefor enforcingthe provisions of this Chapter."
9.30.060 Fire hazard reduction guidelines.
1) Trees
a) Treesandvegetationthat aredeador dying asa result of a wildfire asdetermined by theFire Chief or designeesarerequiredto beremovedunderthe following conditions:
i) Are within 30 feet of a public right of way.
ii) Basedon the height andslope, presenta fall hazardto a right of way. iii) Are within a 100 feet of a structure.
iv) Are within 30 feet of a property line.
v) No later than January 1, 2025.
2) Non - Native Hazardous Vegetation
a) Non -Native HazardousVegetationfor thepurposesof this sectionrefersto invasive growth of plant species, limited to Scotch Broom, French Broom and Bay or other types as determined by the Fire Chief or designee are required to be removed from areas in the Wildland Urban Interface Fire Area ( WUIFA) under the following conditions:
i) Are within 30 feet of a right of way.
ii) Are within 30 feet of a property line.
iii) Are within 100 feet of a structure.
iv) No later than January 1, 2025.
3) Mulch and Ground Coverings
Ord. No. ORD- 2023- 016
a) Mulch is not permittedwithin 30 feet of a structurewithin the WUIFA underthe following conditions:
i) The mulch is fibrous and stringy in nature.
ii) The mulch is dyed and based on its chemically altered composition promotes the spread of fire as determined by the Fire Chief or designee. iii) Removedno laterthanJuly 1, 2025.
4) Defensible Space
Defensiblespaceis essentialto improve a structuressurvivability asa result of awildfire.
It is the buffer createdarounda structurewithin theWUIFA andis neededto slow or stopthe spread of wildfire, either from direct flame contact or radiant heat. Defensible space shall be maintained in accordance with California Code of Regulation, Title 14, Section 1299. 3 and Public Resources Code Section 4291 for all outbuildings within 100 feet of structures and all structures and attached decks within the WUIFA.
Vacantundevelopedlandsshall be maintainedwithin 30 feetalongthe property line:
a. Remove all dead plants, grass and weeds (vegetation). b. Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening.
c. Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be maintained free of dead limbs and other combustible matter such as vines and loose papery bark.
d. On mature trees, limbs should be removed up to 10' above the ground. Smaller trees should be limbed to 1/3rd of their height up to 6' above the ground, but in no case less than 18 inches from the ground.
Additional Considerations for the Hazardous Vegetation and Fuels Management Ordinance.
a. Any parcelwhereslopestability will bethreatenedby removalof plantsmay be exempt from treatment requirements or subject to alternate treatments. The property owner must submit a report documenting the probability of slope failure due to vegetation removal, prepared by a licensed civil, geotechnical or soils engineer. The report shall propose alternative treatment methods to address fire hazards. The report will be reviewed by city staff. Review and acceptance by the City of alternative treatment will supersede other requirements.
b. Any parcel or lot which includes plant or animal species that are rare, endangered or of special concern may qualify for alternative plant treatment and spacing requirements. The property owner must submit a report from a qualified resource biologist or landscape architect describing the species, actions required to preserve its environmental value, and proposed alternative measures to address fire hazards. The report will be reviewed by the City. Review and acceptance by the City of alternative treatment will supersede other requirements."
Ord. No. ORD- 2023- 016
Section 3. Environmental Determination. This action is exempt from the California EnvironmentalQuality Act (CEQA) pursuantto CEQA GuidelinesSection15061(b)(3) and 15378 in that there is no possibility that the implementation of this action may have significant effects on the environment, and no further environmental review is required.
Section4. Severability. If any section, subsection, sentence, clause, phraseor word of this ordinanceis for anyreasonheld to be invalid and/or unconstitutionalby a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 5. Effective Date. This ordinance shall take effect on the 31st day following its adoption.
This ordinance was introduced by the Council of the City of Santa Rosa on December 5, 2023.
IN COUNCIL DULY PASSED AND ADOPTED this 12th day of December, 2023.
AYES: ( 7) Mayor N. Rogers, Vice Mayor Stapp, Council Members Alvarez, Fleming, MacDonald, Okrepkie, C. Rogers
NOES: ( 0)
ABSENT: ( 0)
ABSTAIN: ( 0)
ATTEST: ;
Z~ rk
I L iS APPROVED: NatalieRogers (Jan5 2412:21PST)
City Clerk Mayor
Teresa DSO- ckel-
APPROVED AS TO FORM: TeresaStricker (Dec20, 202315:28PST) City Attorney
Ord. No. ORD- 2023- 016
CC - ®- 2023- 016 ( 12- 12- 2023)
Final Audit Report 2024- 01- 05
Created: 2023- 12- 13
By: Melanie Ferreira ( mferreira@srcity. org)
Status: Signed
Transaction ID: CBJCHBCAABAAbPP2bx3iO7ruCYsAuaobfM YrYECkTbP CC - ORD- 2023- 016 ( 12- 12- 2023)" History
Document created by Melanie Ferreira ( mferreira@srcity. org) 2023- 12- 13 - 4: 39: 51 PM GMT
Document emailed to Teresa Stricker ( tstricker@srcity. org) for signature 2023- 12- 13 - 4: 42: 35 PM GMT
Document e- signed by Teresa Stricker ( tstricker@srcity. org) Signature Date: 2023- 12- 20 - 11: 28: 04 PM GMT - Time Source: server Document emailed to Natalie Rogers ( nrogers@srcity. org) for signature 2023- 12- 20 - 11: 28: 05 PM GMT
Email viewed by Natalie Rogers ( nrogers@srcity. org)
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Q Document e- signed by Natalie Rogers ( nrogers@srcity. org) Signature Date: 2024- 01- 05 - 8: 21: 24 PM GMT - Time Source: server Document emailed to Dina Manis ( dmanis@srcity. org) for signature 2024- 01- 05 - 8: 21: 25 PM GMT
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Signature Date: 2024- 01- 05 - 8: 28: 59 PM GMT - Time Source: server Agreement completed.
2024- 01- 05 - 8: 28. 59 PM GMT
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City of
Santa Rosa
CERTIFICATION
SANTA ROSA CITY COUNCIL
ORDINANCE NO. ORD- 2023- 016
STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF SANTA ROSA )
I, DINA MANIS, City Clerk of the City of Santa Rosa, California, do hereby certify that the foregoing ordinance, published and posted in compliance with State law Government Code 40806 and Santa Rosa City Charter Section 8, was duly introduced on December 5, 2023 by the City Council of Santa Rosa at a regular meeting of said Council, and adopted on December 12, 2023, regular meeting by said Council on said date.
Dina Manis', City Clerk
City of.Santa Rosa, -California