HomeMy WebLinkAbout6.4 HeritageTreeOrdAmend r,
CITY CLERK
File #
AGENDA STATEMENT ~ ~ ~ _
CITY COUNCIL MEETING DATE: April 16, 2002
SUBJECT: PUBLIC HEARING - PA 02-013, Amendment to the Heritage
Tree Ordinance, Section 5.60 of the Dublin Municipal Code
Report Prepared by: Pierce Macdonald, Associate Planner
ATTACHMENTS: 1. Draft Amended Heritage Tree Ordinance
2. Draft Amended Heritage Tree Ordinance with Revisions
Marked
3. Revised Wildfire Management Plan
RECOMMENDATION: 1. Open public hearing and hear Staff presentation..
2. Take testimony from the public.
3. Question Staff and the public.
4. Close public hearing and deliberate.
5. Waive Reading and introduce Ordinance (Attachment 1)
amending the Heritage Tree Ordinance
FINANCIAL STATEMENT: No financial impact.
BACKGROUND:
The Heritage Tree Ordinance, Chapter 5.60 of the Dublin Municipal Code, was adopted by the City
Council in December of 1999, after a public hearing. The City Council found that the preservation of
Heritage Trees was beneficial to the health and welfare of citizens in the City of Dublin in order to
enhance the scenic beauty, increase property values, encourage quality development, prevent soil erosion,
protect against flood hazards and the risk of landslides, counteract pollution in the air and maintain the
climatic balance within the city. -
On December 12, 2000, the Planning Commission approved a Heritage Tree Protection Plan and related
pruning as part of the approval of the Brittany LaneBlack Mountain Development (PA 00-009). The Tree
Protection Plan was a requirement of the Heritage Tree Ordinance, and the pruning was a requirement of
the City of Dublin's Wildfire Management Plan. The following week, on December 19, 2000, City
Council directed Staff to provide a detailed definition of terms currently within the Heritage Tree
Ordinance. The City Council also questioned Staff regarding ambiguities in the text of the Ordinance.
The Brittany LaneBlack Mountain project was appealed to City Council on December 21, 2000. Several
of the grounds of the appeal were the alleged inadequacies of the Heritage Tree Protection Plan and the
severity of the proposed pruning. The appeal was scheduled for public hearing for the January 16, 2001
meeting of City Council. On January 16, 2001, City Council continued the public hearing and directed
COPIES TO: In-house distribution ~
ITEM NO.
G:\PA#12002\02-0131ccsrapri12002.DOC
that the project be redesigned to minimize impacts to the heritage trees on site. The City Council also
directed Staff to look at ways to modify the Wildfire Management Plan to take into consideration Heritage
Trees.
On February. 20, 2001, City Council approved an amended Wildfire Management Plan. The amended plan
was applicable citywide, it designated certain trees as "Fire Resistive Heritage Trees" and it allowed
special pruning regulation of these trees when in the proximity of residential structures. At the same
meeting City Council approved the redesigned Brittany LaneBlack Mountain project, which incorporated
elements of the amended Wildfire Management Plan.
On March 5, 2002, City Council approved additional amendments to the Wildfire Management Plan
(included in this report as Attachment 3).
ANALYSIS:
The purpose of the amendment before the Council tonight is: to provide the clarification requested by City
Council on December 19, 2000 and during the Brittany Lane/Black Mountain appeal; to make the
Heritage Tree Ordinance consistent with the amended Wildfire Management Plan; and to increase the
penalty for illegal destruction of a Heritage Tree. The amendment consists of both substantive changes to
the text and general changes to word choices, in the following categories:
- General Text Changes
- Definitions
- Tree Protection Plan Requirements
- Utilities
- Penalty for Illegal Destruction
General Text Changes:
The general changes to word choices and phrasing are underlined and striked-out in the attached Draft
Amended Heritage Tree Ordinance with Revisions Marked (Attachment 2). The changes are found
throughout the text and are too numerous to describe in detail. The City Attorney and Staff propose the
changes to make the text of the Ordinance more clear and direct.
New Definitions:
Under section 5.60.40, the original Heritage Tree Ordinance did not include definitions for "drip line,"
"effectively remove," "protect," or "remove or removal." Definitions were added to make application and
enforcement of the ordinance more straightforward. "Drip line" is a term used in the Wildfire
Management Plan, as well as in the text of the Heritage Tree Ordinance. The definitions for "effectively
remove," "protect," and "remove or removal" make it clear what types of activities are subject to the
terms of the Heritage Tree Ordinance. "Protect" is defined to safeguard Heritage Trees so that they will
likely survive and continue to grow normally in a healthy condition. The Brittany LaneBlack Mountain
project had raised questions regarding the word "protect" and whether it was less of a safeguard than
"preserve." The remaining new definitions, "effectively remove" and "remove or removal," would
specify actions that harm a Heritage Tree as infractions under the Heritage Tree Ordinance.
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The Amended Ordinance would include the following new definitions:
1. "Drip line" means a line. drawn on the ground around a tree directly under its outmost branch tips
and which identifies that location where rainwater tends to drop from the tree.
2. "Effectively remove" includes, but is not limited to, any extreme pruning that is not consistent
with standard arboriculture practices for a healthy Heritage Tree and that results in the tree's
permanent disfigurement, destruction; or removal ordered by the City pursuant to subdivision
(b)(2) of section 5.60.50.
3. "Protect" means. the protection of an existing tree from damage and stress such that the tree is
likely to survive and continue to grow normally in a healthy condition, through measures that
avoid or minimize damage to branches, canopy, trunk, and roots of the tree. Such measures may
include but are not limited to, installation of tree protective fencing, mulching and watering of
roots, supervision of work by an arborist, installation of aeration or drainage systems, root pruning,
and use ofnon-destructive excavation techniques.
4. "Remove or removal" means cutting a tree to the ground, extraction of a tree, or killing a tree by
spraying, girdling, or any other means...
Tree Protection Plan Requirements:
Under section 5.60.80, the original Ordinance stated, "Heritage Trees required to be retained pursuant to
this chapter or by an approved development plan, zoning permit, use permit, site development review or
subdivision map shall be protected during demolition, grading and construction operations." The amended
Ordinance specifies that a procedure called a "tree protection plan" shall be used to protect heritage trees
during construction. The amended version references section 5.60.90 of the Ordinance, which outlines the
components of such a plan.
All applicants for demolition, grading, or building permits on property containing one or more
Heritage Trees shall prepare a tree protection plan pursuant to Section 5.60.90.
Under section 5.60.90 of the original Ordinance, a certified arborist must prepare a tree protection plan. In
the amended Ordinance, the following proposed addition to the text would explain the components of the
tree protection plan:
The plan shall ensure that the tree, including its root system, is adequately protected from potential
harm during demolition, grading and construction that could cause damage to the Heritage Tree.
Such harm may include excavation and trenching, construction and chemical materials storage,
stormwater runoff and erosion, and soil compaction.
Utilities:
Under section 5.60.110, the original Ordinance requires any public utility to receive permission from the
Community Development Director before performing any work that might injure a Heritage Tree. The
amended Ordinance would add a requirement that the Community Development Director shall provide a
copy of the Ordinance to all utility companies.
The Director shall provide all water, sewer, electrical and gas utilities operating within the City
with a copy of this ordinance.
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Fees:
Finally, under section 5.60.120, the amended Ordinance increases the penalty for illegally removing a
Heritage Tree to twice the appraised value of the tree, in addition to the City's costs. for the appraisal. The
adequacy of the penalty was an issue in the Brittany Lane/Black Mountain appeal. City Council indicated
that Staff should examine an increase in the penalty as a deterrent to persons who may damage or illegally
remove a Heritage Tree. The fine is comparable to fines in other cities in the Tri-Valley area.
Any person who unlawfully removes, destroys or damages a Heritage Tree shall pay a civil penalty
equal to twice the amount of the appraised value of the tree. Acity-selected arborist shall estimate
the replacement value of the lost tree(s) in accordance with industry standards. The penalty shall
include the. City's costs. incurred in performing the appraisal.
Environmental Review:
Community Development Staff have determined that the Amended Heritage Tree Ordinance is
categorically exempt under Section 15307, "Actions. by Regulatory Agencies for Protection of Natural
Resources," under CEQA because the amendment is an action taken by a regulatory agency as authorized
by state law to assure the maintenance, restoration, or enhancement of a natural resource where the
regulatory process involves procedures for protection of the environment.
CONCLUSION:
Staff believes that the Amended Heritage Tree Ordinance will implement City Council objectives and will
both protect Heritage Trees and facilitate development of sites containing Heritage Trees. The amendment
clarifies procedures and requirements under the Heritage Tree Ordinance and makes the Ordinance
consistent with approved changes to the Dublin Wildfire Management Plan. In addition, the amendment
will establish a stronger deterrent to person's whose development program may damage a Heritage Tree.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing; deliberate; waive the reading and
introduce an Ordinance (Attachment 1) approving the Amended Heritage Tree Ordinance; and schedule
the second reading of the Ordinance for Apri130, 2002.
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ORDINANCE NO. XX -02
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE HERITAGE TREE ORDINANCE, PA 02-013
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The City of Dublin is desirous of preserving Heritage Trees and facilitating the
development of sites which contain Heritage Trees in a manner consistent with the intent of the
Heritage Tree Ordinance in order to enhance the scenic beauty, increase property values, encourage
quality development, prevent soil erosion, protect against flood hazards and the risk of landslides,
counteract pollution in the air and maintain the climatic balance within the city.
B. The Heritage Tree Ordinance, Section 5.60 of the Dublin Municipal Code, was adopted
by the City Council on December 21, 1999.
C. On December 19, 2000 and January 16, 2001, City Council directed staff to provide
clarification of terms currently within the Heritage Tree Ordinance; to amend the Wildfire
Management Plan; and to examine an increase in the penalty for illegal destruction of a Heritage
Tree.
D. The City of Dublin is initiating the amendment to the Heritage Tree Ordinance in order to
provide new definitions, to outline tree protection plan requirements, to provide measures for utility
companies, to increase the penalty for illegal destruction, and to improve the writing of the
Ordinance.
E. Properly noticed public hearings were held by the City Council on April 16, 2002 and
April 30, 2002.
F. The application has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and
Community Development Staff determined that the Amended Heritage Tree Ordinance is
categorically exempt under Section 15307, "Actions by Regulatory Agencies for Protection of
Natural Resources," under CEQA because the amendment is an action taken by a regulatory agency
as authorized by state law to assure the maintenance, restoration, or enhancement of a natural
resource where the regulatory process involves procedures for protection of the environment.
G. The amended Ordinance is consistent with the Amended Wildfire Management Plan,
approved by City Council on March 5, 2002.
H. The City Council heard and considered all said reports, recommendations, written and
oral testimony submitted at the public hearing as hereinabove set forth.
I. The amended Heritage Tree Ordinance supercedes the existing Heritage Tree Ordinance,
Section 5.60 of the Dublin Municipal Code, in its entirety.
ATTACHMENT
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Section 2. ORDINANCE
Chapter 5.60 of the Dublin Municipal Code is amended to read as follows:
Section 5.60.10 -Title
This Chapter shall be known as "the Heritage Tree Ordinance"
Section 5.60.20 -Purpose and Intent
This Chapter is adopted because the city has many Heritage Trees, the preservation of which is
beneficial to the health and welfare of the citizens of this city in order to enhance the scenic beauty,
increase property values, encourage quality development, prevent soil erosion, protect against flood
hazards and the risk of landslides, counteract pollution in the air, and maintain the climatic balance
within the city. For these reasons the City finds it is in the public interest, convenience, necessity
and welfare to establish regulations controlling the removal of and the preservation of Heritage Trees
within the City. In establishing these regulations, it is the City's intent to preserve as many Heritage
Trees as possible consistent with the reasonable use and enjoyment of private property.
Section 5.60.30 -Applicability
This Chapter applies to all property within the City of Dublin, including private property,
residential and non-residential zones, developed and undeveloped land.
Section 5.60.40 - Definitions
The following words and phrases, whenever used in this chapter, shall be as construed as defined
in this section:
"City" means the City of Dublin.
"Certified or consulting arborist" means as arborist who is registered with the International
Society of Arboriculture and approved by the Director.
"Development" means any improvement of real property that requires the approval of zoning,
subdivision, conditional use permit or site development review permits.
"Director" means the Community Development Director or his. or her designee.
"Drip line" means a line drawn on the ground around a tree directly under its outermost branch
tips and which identifies that location where rainwater tends to drop from the tree.
"Effectively remove" includes, but is not limited to, any extreme pruning that is not consistent
with standard arboriculture. practices for a healthy Heritage Tree and that results in the tree's
permanent disfigurement, destruction, or removal ordered by the City pursuant to subdivision
(b)(2) of section 5.60.50.
"Heritage Tree" means any of the following:
(a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a trunk or
main stem of 24 inches or more in diameter measured at 4 feet 6 inches above natural
grade;
(b) A tree required to be preserved as part of an approved development plan, zoning permit,
use permit, site development review or subdivision map;
(c) A tree required to be planted as a replacement for an unlawfully removed tree.
"Protect" means the protection of an existing tree from damage and stress such that the tree is
likely to survive and continue to grow normally in a healthy condition, through measures that
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avoid or minimize damage to branches, canopy, trunk and roots of the tree. Such measures may
include, but are not limited to, installation of tree protective fencing, mulching and watering of
roots, supervision of work by an arborist, installation of aeration or drainage systems, root
pruning, and use ofnon-destructive excavation techniques.
"Remove" or "removal" means cutting a tree to the ground, extraction of a tree, or killing a tree
by spraying, girdling, or any another means.
Section 5.60.50 -Tree Removal Permit Required
(a) No person may remove, cause to be removed, or effectively remove any Heritage Tree
from any property within the City of Dublin without obtaining a permit from the Director.
(b) Exceptions
A permit is not. required for the following:
(1) Removal of a Heritage Tree that presents an immediate hazard to life or property, with the
approval of the Director, City Engineer, Police Chief, Fire Chief or their designee.
(2) Removal that is specifically approved as part of aCity-approved planned development
development plan, conditional use permit, site development review, or subdivision map.
(3) Pruning of Heritage Trees that conforms with the guidelines of the International Society
of Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community
Development Department.
(c) Tree removal requested as part of the development of a property subject to zoning,
subdivision, conditional use permit, or site development review application approval shall
be reviewed and approved by the body having final authority over the entitlement
application.
Section 5.60.60 -Tree Removal Permit Procedure
(a) Any person wishing to remove one or more Heritage Trees shall apply to the Director for
a permit. The application for a permit shall be made on forms provided by the
Community Development Department and shall include the following:
1. A drawing showing all existing trees and the location, type and size of all
tree(s) proposed to be removed;
2. A brief statement of the reason for removal;
3. If the tree or trees are proposed for removal because of their condition, a
certified arborist's determination of the state of health of the Heritage
Trees maybe required;
4. Written consent of the owner of record of the land on which the tree(s) are
proposed to be removed;
5. A tree removal permit fee of twenty-five ($25..00) dollars to cover the cost
of permit administration. An additional deposit maybe required by the
Director to retain a certified arborist to assist the City in assessing the
condition of the trees;
6. Other pertinent information as required by the Director.
(b) Tree removal requested in conjunction with an application for any development
entitlements shall provide to the Community Development Department a Landscaping
Plan specifying the precise location, size, species and drip-line of all existing trees on or
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in the vicinity of the property. The Landscape Plan shall also show existing and proposed
grades and the location of proposed and existing structures.
(c) The Director shall inspect the property and evaluate each application. In deciding
whether to issue a permit, the Director shall base the decision on the following criteria:
1. The condition of the tree or trees with respect to health, imminent danger of
falling, proximity to existing or proposed structures and interference with utility
services or public works projects;
2. The necessity to remove the tree or trees for reasonable development of the
property;
3. The topography of the land and the effect of the removal of the tree on erosion,
soil retention. and diversion or increased flow of stream waters;
4. The number of trees existing in the neighborhood and the effect the removal
would have upon shade, privacy impact, scenic beauty and the general welfare of
the City as a whole.
(d) The Director shall render a decision regarding the permit within ten (10) working days
after the receipt of a complete application.
(e) If an application to remove a Heritage Tree is being requested in conjunction with a
development entitlement, then the decision on the tree removal permit shall be rendered
simultaneously with the decision on the development entitlement and shall be made by
the body having final authority over the entitlement application. In deciding whether to
approve a tree removal permit under this subsection, the reviewing body shall consider
the criteria set forth in subdivision (c) of this section.
(f) The Director may refer any application to any City Department for review and
recommendation.
(g) The Director or the reviewing body having final authority over the development may
grant or deny the application or grant the application with conditions, including, the
condition that one (1) or more replacement trees be planted of a designated species, size
and location.
Section 5.60.70 -Appeals
(a) Any decision of the Director, pursuant to this chapter, maybe, appealed to the City
Council. Appeals shall be in writing, shall be signed by the applicant, shall state the
reasons the appeal is made, and be filed with the City Clerk within fourteen (14) days of
written notification of the decision by the Director. Any appeal shall be accompanied by
an appeal fee in the amount established by resolution of the City Council.
(b) The City Clerk shall place all such appeals on the agenda of the next regular Council
meeting and shall give the appellant at least five (5) calendar days' notice of the time and
place of said hearing. Appeals shall be conducted in accordance with the procedures set
forth in Section 1.04.050 of the Code. The decision of the City Council shall be final.
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Section 5.60.80 -Protection of Heritage Trees during construction.
All applicants for demolition, grading, or building permits on property containing one or more
Heritage Trees shall prepare a tree protection plan pursuant to Section 5.60.90.
Section 5.60.90 -Protection plan required prior to issuance of permit
(1) A plan to protect Heritage Trees as described in Section 5.60.80 above shall be submitted
to the Director prior to the issuance of demolition, grading or building permits. The plan
shall ensure that the tree, including its root system, is adequately protected from potential
harm during demolition, grading and construction that could cause damage to the
Heritage Tree. Such harm may include excavation and trenching, construction and
chemical materials storage, stormwater runoff and erosion, and soil compaction. The
plan shall be prepared and signed by a certified arborist and approved by the Director.
The Director may refer the plan to acity-selected arborist for review and
recommendation. The cost of this review shall be borne by the developer/applicant
requesting'said permit.
(2) The Director may require that a certified arborist be present on the project site during
grading or other construction activity that may impact the health of the tree(s) to be
preserved.
(3) Damage to any tree during construction shall be immediately reported to the Director so
that proper treatment maybe administered. The Director may refer to acity-selected
arborist to determine the appropriate method of repair for any damage. The cost of any
treatment or repair shall be borne by the developer/applicant responsible for the
development of the project. Failure to notify the Director may result in the issuance of a
stop work order.
(4) The Director may waive the requirement for a tree protection plan if he or she determines
that the grading or construction activity is minor in nature and that the proposed activity
will not significantly modify the ground area within or immediately surrounding the drip-
line of the tree(s).
Section 5.60.100 -Applicant to guarantee protection -security deposit
(a) The applicant shall guarantee the protection of the existing tree(s) on the site not
approved for removal through placement of a cash bond or other security deposit in the
amount based upon the valuation of the trees acceptable to the Director. The Director may
refer to acity-selected arborist to estimate the value of the tree(s) in accordance with
industry standards.
(b) The cash bond or other security shall be retained for a reasonable period of time
following the acceptance of the public improvements for the development, not to exceed
one year. The cash bond or security is to be released upon the satisfaction of the Director
that the tree(s) to be preserved have not been endangered. The cash bond or security
deposit shall be forfeited as a civil penalty for any unauthorized removal or destruction of
a Heritage Tree.
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Section 5.60.110 -Public Utilities
Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a Heritage Tree shall obtain permission from the Director before performing any
work, which may cause injury to the Heritage Tree. The Director shall provide all water, sewer,
electrical and gas utilities operating within the City with a copy of this ordinance.
Section 5.60.120 -Violation -Penalty
(a) Any person who unlawfully removes, destroys or damages a Heritage Tree shall pay a
civil penalty equal to twice the amount of the appraised value of the tree. Acity-selected
arborist shall estimate the replacement value of the lost tree(s) in accordance with
industry standards. The penalty shall include the City's costs incurred in performing the
appraisal.
(b) Any person violating any portion of this Chapter that results in the loss of a Heritage
Tree, shall be required to replace said tree with a new tree and or additional plantings, of
the same species. The Director shall determine the size and location of replacement
tree(s). The Director may refer to the recommendation of acity-selected arborist.
Section 3. APPROVAL
The City Council hereby approves the Amended Heritage Tree Ordinance, Section 5.60 of the
Dublin Municipal Code.
Section 4. EFFECTIVE DATE AND POSTING OF ORDINANCE
This ordinance shall take effect and be in force thirty (30) days from and after its passage. The
City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places
in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of Apri12002, by
the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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CHAPTER 5.60
HERITAGE TREE ORDINANCE
Sec#ion 5.60.10 -Title
This Chapter shall be known as "the Heritage Tree Ordinance"
Section 5.60.20 - Furpose and Intent
This Chapter is adopted because the city has many Heritage Trees, the preservation of which is
beneficial to the health and welfare of the citizens of this city in order to enhance the scenic beauty,
increase property values; encourage quality development, prevent sail erosion, protect against flood
hazards and the risk of landslides, counteract pollution in the air,. and maintain the climatic balance
within the city. For these reasons the City finds it is in the public interest, convenience, necessity and
welfare to establish regulations controlling the removal of and the preservation of Heritage Trees
within the City. In establishing these regulations, it is the City's intent to preserve as many Heritage
Trees as possible consistent with the reasonable use and enjoyment of private property.
Section 5.60.30 -Applicability
This Chapter applies to all property within the City of Dublin, including private property,
residential and non-residential zones, developed and undeveloped land.
Section 5.60.40 -Definitions
The following words and phrases, whenever used in this chapter, shall be as construed as defined
in this c-Ita~tersection:
"City" means the City of Dublin.
"Certified or consulting arborist" means as arborist who is registered with the International
Society of Arboriculture and approved by the Director.
"Development" means any improvement of real property die-#-that requires the approval of
zoning, subdivision, conditional use permit or site development review permits.
"Director" means the Community Development Director or hiss or her designee.
"Drip line" means a line drawn on the ground around a tree directly under its outermost branch
tips and which identifies that location where rainwater tends to drop from the tree.
"Effectively remove" includes: but is not limited to,~any extreme pruning that is not consistent
with standard arboriculture,.practices for a healthy Heritage Tree and that results in the tree's
permanent disfigurement destruction, or removal ordered by the City pursuant to subdivision
~~(2) of section 5.60.50.
"Heritage Tree" means any of the following:
(a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a trunk
or main stem of 24 inches or more in diameter measured at 4 feet 6 inches above
natural grade;
(b) A tree required to be preserved as part of an approved development plan, zoning
permit, use permit, site development review or subdivision map;
(c) A tree required to be planted as a replacement for an unlawfully removed tree.
"Protect" means the protection of an existing tree from damage and stress such that the tree is
likely to survive and continue to grow normally in a healthy condition through measures that
avoid or minimize damage to branches canopy trunk and roots of the tree. Such measures may
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ATTAGHNI
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include, but are not limited to,.,installation of tree protective fencingti mulching and watering of
roots~su~pervision of work by an arborist, installation of aeration or drainage systems, root
pruning, and use ofnon-destructive excavation techniques.
"Remove" or "removal" means cutting; a tree to the ground extraction of a tree or killing a tree by
sprayin~ ~irdlingLor any another means.
Section 5.60.50 -Tree Removal Permit Required
(a) No person may-~st~'r• remove-er, cause to be removed. or effectively_remove any
Heritage Tree. from any property within the City of Dublin without obtaining a permit from
the Director.
(b) Exceptions
A permit is not required for the following:
(1) T~+~ rt~'Removal of a Heritage Tree that presents an immediate hazard to I
life or property, i3~
removed-with the approval of the Director, City Engineer,
Police Chief, Fire Chief or their designee.
{2) A +~-oor~t «,~,,,co FRemoval that was-is specifically approved as part of a ~~t3~-CCity-
approved planned development development plan, ~g-per~i~-conditional use
permit, site development review} or subdivision map.
(3} AT,.,.,,.,^~ ~+~::w~w~-ppruning of Heritage Trees
~r:i:w„ve that conforms with the guidelines of the International
Society of Aboriculture, Tree Pruning Guidelines, current edition, on file in the
Community Development Department.
(c} Tree{} removal requested as part of the development of a property subject to zoning, I
subdivision, conditional use permit, or site development review application approval shall
be reviewed and approved by the body having final authority over the entitlement
application.
Section 5.60.60 -Tree Removal Permit Procedure
(a) Any person wishing to remove one or mare Heritage Trees shall apply to the Director for a
permit. The application for a permit shall be made on farms provided. by the Community
Development Department and shall include the following:
1. A drawing showing all existing trees and the location, type and size of all tree(s)
proposed to be removed;
2. A brief statement of the reason for removal;
3. If the tree or trees are proposed for removal because of their condition, a certified
arborist's determination of the state of health of the Heritage Trees may be
required;
4. Written consent of the owner of record of the land on which the trees} are
proposed to be removed;
5. A tree removal permit fee of twenty-five ($25.00} dollars to cover the cost of
permit administration. An additional deposit may be required by the Director to
retain a certified arborist to assist the City in assessing the condition of the trees;
6. Other pertinent information as required by the Director.
{b) Trees} removal requested in conjunction with an application for ^an~development
entitlements shall provide to the Community Development Department a Landscaping Plan
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specifying the precise location, size, species and drip-line of all existing trees on or in the
vicinity of the property. The Landscape Plan shall also show existing and proposed grades
and the location of proposed and existing structures.
(c) The Director shall inspect the property and evaluate each application. In deciding whether
to issue a permit, the Director shall base the decision on the following criteria:
1. The condition of the tree or trees with respect to health, imminent danger of falling,
proximity to existing nor proposed structures and interference with utility services or
public works projects;
2. The necessity to remove the tree or trees for reasonable development of the
property;
3. The topography of the land and the effect of the removal of the tree on erosion, soil
retention and diversion or increased flow of stream waters;
4. The number of trees existing in the neighborhood ;and the effect the removal would
have upon shade, privacy impact, scenic beauty and the general welfare of the City
as a whale.
{d) The Director shall render a decision regarding the permit within ten {10} working days
after the receipt of a complete application.
(e) If an application to remove a Heritage Tree is being requested in conjunction with ~r I
a development entitlement, r-then the decision on the tree removal permit shall be
rendered simultaneously with the decision on the development entitlement and shall be
made by the body having final authority over the entitlement application. In deciding
whether to approve a tree removal permit under this subsection, the reviewing body shall
consider the criteria set forth in c°~~~9-E9subdivision (c) of this El~ptersection.
(f) The Director may refer any application to any City Department for review and
recommendation.
(g} The Director or the reviewing body having final authority aver the development may grant
or deny the application or grant the application with conditions, including, the condition
that one (1) ar more replacement trees be planted of a designated species, size and location.
Section 5.60.70 -Appeals
(a) Any decision of the Director, pursuant to this chapter, may be, appealed to the City
Council. Appeals shall be in writing, shall be signed by the applicant, shall state the
reasons the appeal is made, and be filed with the City Clerk within fourteen (14} days of
written notification of the decision by the Director. Any appeal shall be accompanied by
an appeal fee in the amount established by resolution of the City Council.
(b) The City Clerk shall place all such appeals on the agenda of the next regular Council
meeting and shall give the appellant at least five (5) calendar days' notice of the time and
place of said hearing. Appeals shall be conducted in accordance with the procedures set
forth in Section 1.04.050 of the Code. The decision of the City Council shall be final.
Section 5.60.80 -Protection of Heritage Trees during construction,
3
~o
' ~ .All applicants for demolition, grading or building
hermits on properkv containing one or more Heritage Trees shall prepare a tree protection plan
pursuant to Section 5.60.90.
Section 5.60.90 -Protection plan required prior to issuance of permit
(1) A plan to protect Heritage Trees as described in Section S.b0.80 above shall be submitted
to the Director prior to the issuance of demolition, grading or building permits. The plan
shall ensure that-the tree, including its root system is adequatelyprotected from potential
harm during demolition, grading_and construction that could cause damage to the Heritage
Tree Such harm may include excavation and trenching, construction and chemical
materials storage. stormwater runoff and erosion and soil compaction. The plan shall be
prepared and signed by a certified arborist and approved by the Director. The Director
may refer the elan to acity-selected arborist for review and recommendation. The cost of
this review shall be borne by the developer/applicant requesting said permit.
(2) The Director may require that a certified arborist be present on the project site during
grading or other construction activity that may impact the health of the tree(s) to be
preserved.
(3} Damage to any tree during construction shall be immediately reported to the Director so
that proper treatment may be administered. The Director may refer to acity-selected
arborist to determine the appropriate method of repair for any damage. The cost of any
treatment or repair shall be borne by the developer/applicant responsible for the
development of the project. Failure to de-se-nat~ the Director may result in the issuance
of a stop work order.
(4) The Director may waive the requirement for. a tree protection plan if ~-is-he or she
°*°-~~^°a aetermines that the grading or construction activity is minor in nature and that
the proposed activity will not significantly modify the ground area within or immediately
surrounding the drip-line w 'm~" ° "''"'a '''''r of the tree(s).
Section 5.60.100 -Applicant to guarantee protection -security deposit
(a} The applicant shall guarantee the protection of the existing tree(s) on the site not approved
for removal through placement of a cash bond or other security deposit in the amount
based upon the valuation of the trees acceptable to the Director. The Director may refer to
acity-selected arbarist to estimate the value of the tree(s) in accordance with industry
standards.
(b} The cash bond or other security shall be retained for a reasonable period of time following
the acceptance of the public improvements for the development, not to exceed one year.
The cash bond or security is to be released upon the satisfaction of the Director that the
tree(s) to be preserved have not been endangered. The cash bond or security deposit shall
be forfeited as a civil penalty for any unauthorized removal or destruction of a Heritage
4
4 ~l ~ y'
Tree.
Section 5.60.110 -Public Utilities
Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a Heritage Tree shall obtain permission from the Director before performing any
work, which may cause injury to the Heritage Tree. The Director shal~rovide ail water, sewer,
electrical and gas utilities operating within the City with a cop~of this ordinance, and, if available, a
list of the location of Heritage Trees that are near overhead wires and undergraund pipes and conduits.
Section 5.60,120 -Violation -Penalty
(a) Any person who unlawfixlly removes, destroys or damages a Heritage Tree shall pay a civil
penalty a
u-d. al to ~1-twice the amount of the appraised value of the tree. Acity-selected
arborist shall estimate the replacement value of the loss tree{s) in accordance with industry
standards. The penalty shall include the Citv's
.,.r~,....,..,...
costs incurred in perforrnin tg,_he appraisal *
(b) Any person violating any portion of this Chapter that results in the loss of a Heritage Tree,
shall be required to replace said tree with a new tree and or .additional plantings, of the
same species. The Director shall determine the size and location of replacement tree(s).
The Director may refer to the recommendation of acity-selected arborist.
J:\wpd\Mnrsw1114\001\2001\ordltedtine of revisions to heritage tree ordinance 0606.doc
5
t~
i~ ~ ~
Clt of Dublin
Y
~Uildfire
ana ement Plan
g
C~
. ~r
~ ~
ADOPTED:
July 9, 1996
Resolution No. 84-96
REVISED:
March 5, 2002
Resolution No. -02
ATTACHMENT
Cite Dublin -Wildfire Managemelan / 3 y/~
Implementation Guideline
Responsible Parties Timing Action
C~ Determine Future • Provide Wildfire Management Plan to
• Planning Development Developer
Developer Development Initiation • Determines Open Space Ownership
• Proposes Maintenance Program
• Identifies Funding Source
C~ ~ Master. Tentative Map Records Ownership
• Community Tentative Map • Records Maintenance Program
Development Development Agreement • Approves Funding Source
• Fire • Certification of Fees
• Finance
Developer Site Development Review Developer Submits-
Planned Development • Design of Fire Buffer Zone
• .Maintenance and Irrigation Plan
• Maintenance Plan for Open Space
• Maintenance Specifications and Budget
• Preliminary Landscape Plan for Private
Properly
• Vicinity Plan
C~ Building Plan Approval Wildfire Management Plan
• Community Specification Met
Development • Certification of Fees
• .Fire
• Finance
City Final Construction . .Certification all requirements satisfied
• Fire Inspection and Sign-off Certification all. fees are current
• .Building
• Finance
Property Owner Transfer of Property. Notify purchaser of open space ownership,
maintenance and funding responsibilities
by recording on title.
C~ Inspection in conjunction Inspect Properties for Compliance with
• Fire with annual Weed Wildfire Management Plan Requirements
Abatement Program
Citizen complaints
All Permit applications on
. affected properties
C~ Proposed changes by the Evaluate Wildlife Habitat
• Community City or others that impact
Development the Habitat
~ ~ -1-
` ~ ~ City c. )ublin -.Wildfire Management ~~;an
Pu ose
The purpose of this plan is to reduce the risk of open land wildfire to the lowest practical level
consistent with reasonable protection of wildlife habitat and other open space values-
Authori
Adopted by Dublin City Council Resolution 84-96 dated July 9, 1996. Amended by Resolution
24-01, March 20, 2001, Revised by Resolution -02, January 2002.
Requirements
This plan will satisfy the requirements as follows:
Implementation of the Wildfire Management Plan is the responsibility of the City of Dublin.
Vegetation and habitat (in open space) will only change-as a result of natural forces. or other
actions (weed abatement), since this. plan does not impose requirements into the open space.
This plan provides for the development of a Fire Buffer Zone between open space/undeveloped
lands and developed properties; therefore, no additional brush control measures are .required
where this plan is utilized.
Vegetation- growth within- areas affected by this plan will be monitored in two ways. First, all
areas will be inspected in accordance with the Fire Department's Abatement Program. Second,
whenever any building,. grading or other activity affects open space/undeveloped lands or the
Fire Buffer, reevaluation will take place.
Wildlife habitat ~ will be evaluated by the City when there is any proposed change in open
space/undeveloped lands.
Applicability
This Wildfire Management Plan applies to all new development within the City of Dublin.
Defmitions
Adjacent to Open Space -This refers to commercial parcels and residential lots which have a
point of contact with open space.
Adjacent to Undeveloped Land -This refers to commercial parcels and residential lots which
have a point of contact with Undeveloped Land.
Fire Buffer Zone -Treatment of land as identified in the "Vegetation Establishment and
Maintenance Guidelines" as areas A, B, C and D.
WMP _ 2 _
_
CirDublin -WildfireManagem `Ian
Fire Resistive Heritage Trees -Coast Live Oak, Valley Oak, Blue Oak, or California Buckeye
trees that otherwise qualify as Heritage Trees under the Heritage Tree Ordinance, Chapter 5.60
of the Dublin Municipal Code
Irrigated - To supply water to the Fire Buffer Zone artificially by means of"pipes, pumps, etc.
Landscape Plan -This plan specifies the plantings, which are to be utilized in areas A, B, C, and
D of the Fire Buffer Zone.
Open Space -For the purpose of this plan, Open Space is defined as those lands set aside to
remain permanently undeveloped.
Undeveloped Land -For the purpose of this plan, Undeveloped Land is that land which is
available for development but no Tentative Map, Master Tentative Map or Development
Agreement has been approved, and any land designated for government use for which no
development plan has been approved.
Vicinity Plan -Areas within 300 feet of boundaries or .property lines of subdivisions,
commercial parcels. and residential lots. Vicinity plans include property lines, structures, slop,
vegetation, fuel breaks, water supply systems and access roads.
Alternative Methods /Appeals
An applicant 'wishing to use alternative methods shall submit their request to the Deputy .Fire
Marshal in accordance with the California Fire Code, Section 103 as amended by the .city.
An applicant wishing to appeal a requirement placed on them by this plan shall file their appeal
in accordance with the California Fire Code, Section 103 as amended by the city.
Ownership and Financing of Maintenance for Open Space
The city requires that a responsible entity be selected or formed to provide ownership .and
maintenance of Open Space. The City also requires that the owner of record and maintenance
responsibilities be disclosed to potential purchasers of property.
The City will evaluate each proposed project to determine ownership of the Open Space
affiliated with the project. A determination of ownership and maintenance will be made in the
Master Tentative Map, Tentative Map, Development Agreement or in conjunction with the Tract
Map approval process. Maintenance responsibility will be assigned to the Owner of record at
this time.
The following are types of approved ownership in the City of Dublin:
City Ownership -When the City determines that the needs will be best served by City ownership
of the Open Space, .the developer will be required to prepare the Iand according to approved
specifications prior to transfer of ownership to the City.
WMP -3-
City::,
~
Dublin - ~'Vildfire Managem~~~~Ian a
Developer/Homeowner Association Ownership -When the developer retains control of the
Open Space, the City will require that the developer post a bond adequate to ensure Fire Buffer
Zone development. The development agreement will specify performance standards to be met
regarding Open Space maintenance and development of the Fire Buffer Zone.
Other Governmental Agency Ownership -Only with.the City's approval will the ownership of
Open Space be transferred to another governmental body.
Maintenance Sources
When not in conflict with other City policies maintenance of Open Space will be the
responsibility of one party.
City Provided -when the City elects. to maintain Open Space; all associated expenses are the
responsibility of the City.
Homeowner Association Provided -When ownership of the Open Space is by a Homeowners
Association, all maintenance shall be in accordance with City specifications at the expense of the
Homeowners Association.
Other. Governmental A~enc Provided -When ownership of the Open Space is by another
Governmental Agency, all maintenance shall be in accordance with City specifications at the
expense of the Governmental Agency.
Potential Funding Sources for Maintenance
The City shall determine which is the most appropriate method of funding Open Space
,maintenance. Funding methods include:
• New Assessment District
• Annexation to Existing Assessment District
• Private funding from Homeowner Association or similar body
Notice to Owners
The developer will be responsible for disclosing to all purchasers of property the. ownership and
maintenance responsibilities and funding mechanism for Open Space, which is affiliated with the
purchaser's property. In addition to any notices required by law, this disclosure shall be
recorded on the title at the time of sale of the properly.
WMP - 4 - `
Citf Dublin -Wildfire Managem~Plan / ~ y~
PIan Submittal Requirements '
Plans shall be submitted and will be reviewed for compliance with the Wildfire Management
Plan in accordance with the following schedule:
Planned Development Rezonin Review -Plans submitted for PDR review shall include the
following:
• Design of the Fire Buffer Zone
• Preliminary landscape plan for privately owned properties
• Vicinity PIan
Tentative Map -Map submittals shall include:
• Ownership of Open Space and the Fire Buffer Zone
• Maintenance of the Open Space and Fire Buffer Zone
• Funding mechanism for maintenance of Open Space and Fire Buffer Zone
Site Development Review -Plans submitted for SDR review shall include the following:
• Design of the Fire Buffer Zone
• Maintenance Specifications
• Maintenance and Irrigation Plan for the Fire Buffer Zone
• Maintenance plan for the Open Space
• Budget for the Maintenance Program.
• Preliminary landscape plan for privately owned properties
• Vicinity Plan
Building Plan Review -Building plan submittal shall include the following:
• .Construction requirements for specific properties adjacent to Open Space or Undeveloped
Lands
• Final landscape plans
Final Approval Prior to Occupanc -All sites, tracts and buildings will be subject to final
inspection by each approving department. Final approval shall be granted only after all
conditions placed by each department have been complied with.
Fees - A11 fees related to the development must be current prior to any processing or approval of
the following actions:
• PD Rezone
• Tentative Map Approval
• Site Development Review
• Building Permit Issuance
• Final Inspection and Occupancy
WMP _ 5 _
y~
City ~~Dublin - Wildfire Managemen,~-lan
Construction. Requirements for Buildings Adjacent to Open Space or Undex~eloped Land
Automatic Fire Sprinkler System -Automatic Fire Sprinkler Systems shall be required in all
buildings that are adjacent to Open Space or Undeveloped Land. The installation of the
Automatic Fire Sprinkler System shall be in accordance with approved City standards.
Roof Covering -Roof covering shall. be Class A rated. For roof coverings where the profile
allows a space between the covering and decking, the space at the eave ends shall be fire stopped
precluding entry of embers or flames. Roof decking shall be solid. Space sheathing shall be
prohibited.
Protection of Eaves -Eaves on the side of the building facing the Open Space or Undeveloped
Space shall be protected on the exposed underside by materials approved for one-hour fire
resistive construction. Fascias shall be constructed as to be protected on the backside by
.materials approved for one-hour fire resistive construction, or 2-inch nominal dimension lumber..
Gutters and Downspouts -Gutters and downspouts shall be constructed of noncombustible
materials.
Exterior Walls -Exterior walls on the side of the building facing the Open Space or
Undeveloped Space shall be constructed of materials approved far one-hour fire resistive
construction or with noncombustible materials.
Exception -Heavy Timber Construction. Such shall extend from the top of the foundation to the
underside of the roof sheathing.
Unenclosed Under-floor Protection -Buildings or structures shall have all under-floor areas
enclosed to the ground with approved exterior wall materials on the side of the building facing
the Open. Space or Undeveloped Space.
Exception -Complete enclosures may be omitted where the underside of all exposed floors,
structural columns, beams and supporting walls are protected as required for exterior wall, one-
hour fire resistive construction or heavy timber construction.
Appendages and Projections -Unenclosed. accessory structures attached to buildings with
habitable spaces and projections, such as decks,. shall be of one-hour fire resistive construction,
heavy, timber construction or constructed with noncombustible materials. When the attached
structure is located ,and constructed so that the structure or any portion thereof projects over a
descending: slope surface, the area below the structure shall have all underfloor areas enclosed.
Windows -Exterior windows, window walls and skylights shall be tempered glass, multi-
. layered glazed panels or dual pane construction.
Exterior Doors -Exterior doors, other than vehicular access doors, shall be non-combustible or
solid core construction of not less than 1 3/4 inch thick. When windows are within doors, they
shall be of tempered glass or multi-layered glazed panels.
WMP _ 6 _
City Dublin -Wildfire Managemenlan ~ ~
Vents-Attic ventilation openings, foundation or under floor vents, or other ventilation openings
in vertical exterior walls, and vents through roof shall not exceed 144 square inches each... Such
vents shall. be covered with non-combustible corrosion resistant mesh with openings not to
exceed 1/a inch.
Attic ventilation openings shall not be located in soffits, eave overhangs, between rafters at
eaves, or in other overhang areas. Attic ventilation shall be accomplished using eyebrow type
vents on the roof surface of any side of the building except those facing the Open Space or
Undeveloped Space. Under floor ventilation openings shall be located as close to grade as
practical.
Exception: Residential occupancies where 2 or more sides are facing Open Space or
Undeveloped Space may have eyebrow vents on the protected side(s) of the structure provided
that they are located a minimum of five (5) feet above the exterior wall line.
Detached accessory Structures and Fences -Detached accessory structures located less than 50
feet from a building containing habitable space shall have exterior walls constructed with
materials approved for one-hour fire resistive construction, heavy timber construction, or
constructed with non-combustible materials on the exterior side. When the detached structure is
located and constructed so that the structure or any portion thereof projects over a descending
slope surface, the area below the structure shall have all under floor areas enclosed to within 6
inches of the ground with exterior walls.
Fences constructed of combustible materials shall be separated from the perimeter of buildings
containing habitable space by connecting to buildings with a Masonry Pilaster. See Figure 1.
Modified Construction Requirements for BuildingslLots Containing Fire Resistive
Heritage .Trees
The following requirements shall be implemented in addition to the construction requirements
set forth above when there is a Fire Resistive Heritage Tree within 100 -feet of the exterior wall
of a building or deck projection as measured: from the drip line of the tree.
1. Exterior Walls Fire rated construction standards required for the exterior wall most exposed
to wildfire risk shall be extended to the adjacent elevations of the structure.
2. Windows Install dual tempered glass windows in openings on the exterior wall most exposed
to wildfire risk and adjacent elevations of the structure.
3. Construction of Structural Members Structural members used in the construction of alI under
floor .areas shall be protected to a minimum of one-hour rating. Under floor areas of
structure and decks shall be enclosed to the ground with exterior walls rated as required in
Item #1 Exterior Walls, above.
4. Automatic Fire Sprinklers Provide fire sprinkler flow detection monitoring through a
Underwriters Laboratories Certificated central station company.
WMP -7-
City .Dublin -Wildfire Managemen. <'lan
Standards for Vegetation Establishment and Maintenance
The City requires that ail new development utilize the following standards for vegetation
establishment and maintenance.
VEGETATION GUIDELINES ON LOTS WITH 0 TO 30% SLOPE
A
D C B
0% to 10% Slope
A = 3-feet from Structure-
, • Maintain an area of non-combustible material, flowers, plants, concrete, gravel or
soil.
B = 4-feet thru 14-feet from Structure-
. • Thin trees to 10 feet between crowns.
• Prune limbs of all remaining. trees to 10 feet from grade or one third the total live
. crown height.
C = 15-feet thru 30-feet from Structure-
• Thin trees to 10 feet between crowns.
• Prune limbs of alI remaining trees 6 to 10 feet from grade.
WMP -8-
Cit~,„i„i„,~f Dublin - Wldfire.Manageme`Plan
DOWNSLDPE D ~ B UPSLOPE
11 % to 20% Slope
A = 3-feet from Structure-
. • Maintain an area of non-combustible material, flowers, plants, concrete, gravel or
soil.
B = 4-feet thru 19-feet from Structure-
• Thin trees to 10 feet between crowns.
~ Prune limbs of all remaining trees to 10 feet from grade or: one third the total live
crown height.
C = 20-feet thru 44-feet from Structure-
• Thin trees to 10 feet between crowns.
• Prune Iimbs of all remaining trees d to 10 feet from grade or one third the total Live
crown height.
D = 45-feet thru 70-feet from the Structure-
• Thin trees to 10 feet between crowns.
• Prune limbs of all remaining trees 6 to 10 feet from grade or one third the total live
crown height.
WMP -9-
i ~
City a_~;,Jublin - V~ildf re Management. .~~n ~ a~~ ~
A
DDWNSLOPE ~ ~ B UPSLOPE
21% to 30% Slope
A = 3-feet from Structure-
• Maintain an area ofnon-combustible material, flowers, plants, concrete, gravel, soil.
B = 4-feet thru 24-feet from Structure-
• Thin trees to 10 feet between crowns.
• Prune limbs of all remaining trees to 10 feet from grade or one third the total live
crown height.
C = 25-feet thru 55-feet from Structure-
• Thin trees to 10 feet between crowns.
• Prune limbs of all remaining trees 6 to 10 feet from grade or one third the total live
crown height.
D = 55-feet thru 100-feet from the Structure-
• Thin trees to 10 feet between crowns.
• Prune limbs of all remaining trees 6 to 10 feet from grade or one third the total Live
crown height.
30% and greater shall be evaluated on a case by case basis.
w~' - 10 -
Cites Dublin -Wildfire ManagemeFlan a~ ~ ~l'
Vegetation Maintenance
The City requires that a maintenance program be established for the created fire buffer areas,
which will maintain plant species according to approved specifications. Maintenance .programs
should prevent the introduction of unapproved species and plan for the removal of biomass,
overgrowth and dead foliage. The maintenance program should also plan for the replacement of
dead plants and plants which are beyond usefizl life.
Irrigation
Where required for establishment and or maintenance of plant species, irrigation systems shall be
utilized and maintained.
Qpen Space Access
All open -space areas shall have. two points of access suitable for wildland fire apparatus.
Minimum unobstructed width shall be 20 feet. Gates, when used shall meet the key control
requirements of the fire department.
Establishment and Maintenance of Ve etation on Approved Lots
Plant species as shown for the specific area on the Plant Species List may be established or
maintained in that area.
Lawns and_ native grasses may be utilized in all areas, except Area-A where native grass is
prohibited, provided they are kept mowed to a maximum height of 4 inches. When native
grasses are utilized, mowing will be limited to the months of May through November.
Establishment and Maintenance of Fire Resistive Herita a Trees on Approved Lots
When any of the Vegetation Standards call for pruning of limbs. and trees that are identified as
Fire Resistive Heritage Trees, the following standards may be implemented in place of required
ground clearance.
1. The property owner shall install and maintain an irrigated fuel break/greenbelt, outside the
dripline of the Fire Resistive Heritage Trees. Size and compatibility of the greenbelt shall be
determined following consultation with a Certified Arborist and review of the degree of slope
surrounding the trees. The greenbelt vegetation shall be fire resistive and require little
watering.
2. All vegetation shall be maintained per the Wildfire Management Plan standards or Alameda
County Fire Department Removal Standards (Exhibit A), except as modified for .Fire
Resistive Heritage Trees.
3. Ground under the Fire Resistive Heritage Trees shall be kept free of weeds and dead wood.
Leaf litter shall be allowed to remain as mulch to protect the soil.
WMP - I 1 -
City _~,Dublin -Wildfire Managemen Flan
4. Limited pruning shall be completed to thin foliage, remove dead wood, raise the foliage
one-foot above the ground and where appropriate, separate the crowns of the trees.
Crown separation shall be based on the recommendation of the Project Arborist and the
City's Arborist. Branches larger than one inch in diameter shall not be pruned unless
agreed to by the project Arborist and the City's Arborist.
5. All other applicable standards shall continue to apply except as modified above.
Establishment and Maintenance of Vegetation on Permanently Designated Open Space
Where Fire Buffer Zones extend into designated Open Space the planting established in the Fire
Buffer Zone will. include only native grasses and native trees shown on the Plant Species List.
Grasses in the Open Space Fire Buffer Zone shall be kept mowed to a height of 4 inches. When
native grasses axe utilized, mowing will be limited to the months of May through November.
Where trees are established and/or maintained they shall be in accordance with the appropriate
Area. In open space where other than native grasses and/or trees are used, planting areas shall be
irrigated.
Establishment and Maintenance of Vegetation on Undeveloped Land
Where Fire Buffer Zones extend. into designated Undeveloped Lands the planting established in
the Fire Buffer Zone will include only native grasses and native trees shown on the Plant Species
List. Crrasses in the Undeveloped Land Fire Buffer Zone shall be-kept mowed to a height. of 4
inches. When native grasses are utilized, mowing will be limited to the months of May through
November. Where trees are established and/or maintained they shall be in accordance with the
appropriate .Area. In Undeveloped Land where other than native grasses and/or trees are used,
planting areas shall be irrigated.
Discin~
Discing is not permitted in any fire Buffer Zone or Open Space for fire protection purposes.
Trees
Trees from the Plant Species List or trees of like characteristic may be used in any zone.
WMP - 12 -
~r
City of Ilin -Wildfire Management Ply ~
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WMP - 13 -
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FINDINGS OF FACT A1~TD NEED FOR
C:`HANGES OR MODIFICATIONS TO THE
STATE BUILDINGS STANDARDS CODE
BECAUSE OF LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of
California Health and Safety Code, the City Council of the City of Dublin, in its
resolution amending the 'Wildfire 1Vlanagement Plan of 1996, changes or modifies certain
provisions of ,the State- Building Standards Code, as it pertains to the regulation of
buildings used for human habitation.. A copy of such text of changes or modifications is
included in the City Council resolution attached as Attachment 2.
FINDINGS: Pursuant to Sections 17958.5 and .17958.7(x) of the State of California
Health and Safety Code, the City Council of the City of Dublin has determined the
attached changes or modifications are needed,- and are .reasonably necessary .because of
local climatic, geographic,- and topographic conditions. A copy of the City Council
resolution making such a deternvnation is attached as Attachment 1.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of
(I) major fire loss, (2) the potential for life and property loss; making necessary changes
or modifications in the Uniform Fire Code and the State Building Standards Code, in
order to provide a reasonable degree of property security and fire and life safety in the
City of Dublin. ~
Within the areas of the City exist approximately 12.20. square miles of land; with a
population of 32,500. Within thin area of drastically varied terrain, are developed
residential urban areas, .which interface with sparsely populated rural areas and rolling
,hills. Because of the climatic conditions, which exist in the City, and the nature of the
topography and geography of the City, these Findings of Fact. listed below shall be
submitted to the California Building Standards Commission.
1• CLIMATIC -
A. Precipitation. Precipitation ranges from 8.6 to 21.2 inches per year, with
an average. of approximately 14.52 inches per year. Approximately 85%
falls during the months November through April, and 15% from May
through October. This area experienced a major drought and it is possible
more droughts will occur in the future.
B. Relative Humidity. Humidity generally .ranges from 60% .during the
daytime,.. to 80% at night. It drops to 20% during the summer months and
occasionally lower.
ATTACIIMENT 3
~ ~ yl
C. Temperature. Temperatures have been recorded as high as 108 degrees f.
During the summer months, the .City can experience temperatures such as
that for extended periods of time. .
D. Winds. The prevailing winds are from the Northwest; however, winds are
experienced from virtually every direction at one time or another. Wind
. speed varies from a light breeze of 5 mph to I S mph. In the summer
months, the wind may gust from 7-mph to 30 mph. Additionally the fog
may reach the City, which will provide some cooling effect. Regardless of
the cooling effect of the fog on the Western side of the hills, the City is
prone to periods of Westerly, Northwesterly winds, and "Fohen type"
winds that have. the same effect as the "Santa Ana" winds of the South
state.
E. Summary. These local climatic conditions affect the acceleration,
intensity, and size of fires: in the community. Times of little or no rainfall,
low humidity, and high temperature create extremely hazardous
conditions. The winds in this area can have a tremendous impact upon
structure fires where buildings are built in close proximity to each other,
and fires within the Wildland Urban Interface which can threaten the
structures built in an around the brush and timber. Both of the above listed
conditions are commonly found in the City.
2. GEOGRAPHIC and TOPOGRAPHIC
A. Geographic location, Topography. The City of Dublin is located on the
eastern side of the foothills of the Oakland Range. The City is
characterized by a flat plain at the intersection of Highways 580 and 680.
To the east and west of this central area axe hilly areas that become
increasingly steeper. The flatter and more moderately sloping areas
include existing or planned urban level development. Interface between
open space wildland and urban development areas are common. Within
the hill area are numerous homes and planned developments. With the
.steep valleys and winding roadways leading to these areas, fire spread and
response time are impacted.
B. Roads and Streets. The number of vehicle miles driven in the City is
steadily increasing and efforts in traffic and roadway improvements are
being made in an attempt to ease the crush of commuters to and through
.the areas. The City is intersected by Highways 580 and 680. There is also
the Bay Area Rapid Transit District lines and passenger station. The
impact of planned developments and traffic flow will continue to have an
affect on the Fire Department and the delivery of fire and emergency
services.
ATTACHMENT 3
C• Summary. The above local geographic and topographical conditions
increase the magnitude, exposure, accessibility problems, and fire hazards
presented to the fire departments serving the City.
CONCLUSION: Local climatic, geographical, and topographical conditions impact fire
prevention and suppression efforts; the frequency, spread, acceleration, and intensity of
the fire involving buildings and wildland areas within the City of Dublin. While it is
clearly understood that the adoption of these modifications to the Code may not prevent
the incidents of fire, it is further noted that the implementation of these modifications
may serve to reduce the severity and potential of life and property due to fire.
The City of Dublin submits these Findings of Fact to supplement and further document
the determination made by the City Council on March 5, 2002 through the attached
resolution. This filing is made to the California Building Standards Commission pursuant
to Section 17958.7(a) of the State of California Health and Safety Code. The required
determination is marked on the attached City Council resolution. The related
modifications are marked on Attachment 2 of the City Council resolution, and directly
reference the .residential/open space interface wildfire hazard identified in the
determination.
Respectfully Submitted,
James R. Ferdinand, Assistant Chief/Fire Marshal
Attachment: City Council Resolution No.
ATTACHMENT 3
~ E
F Alameda County Fire Department
~ M
E S
Fire Prevention Bureau
Rescue
dEpaR~~~~~ City of Dublin Division
Removal Requirements
Weeds, Rubbish, and Litter Abatement
The following are the rrcinifnu~n ~equi~etnents for removal of weeds, rubbish, and litter. Please .read the
entire list as more than one category may apply to your property. Burning is not allowed, except in
agricultural applications and then by permit only.
RUBBISH, LITTER AND DEBRIS .
? All Areas: Remove any rubbish, garbage, litter, junk,: old building materials, or other items
completely from the property and appropriately dispose of them. Maintained throughout the year.
WEEDS AND OVERGROWN VEGETATION
? All Areas:. Prune any overgrown plants, .shrubs or trees; remove cuttings and dead tree limbs.
Keep .all trees, shrubs, and other vegetation, or portions thereof adjacent to any building or
structure, free from dead Iimbs, branches, and other combustible materials. Maintain five feet (5')
of vertical clearance between roof surface and portions of trees. Maintain roof of building or
structure free of leaves, needles, twigs, or other combustible litter. Maintained throughout the
year.
? Urban: Abate all exterior fire hazards; complete abatement -may include a combination of
discing, mowing, and spraying. Remove from the property all dead trees and maintain weeds and
other vegetation at a height of no more than four inches (4"). Native shrubbery should be cleared
to a distance of at least fifteen feet (15') from the structure. Maintain trees within one hundred feet
(100') of any building, structure, or within ten feet (10') from any roadway, highway, street, alley,
or driveway, so that no leafy foliage, twigs, or branches are within six feet (6') of the ground. The
otherwise required six foot (6') foliage clearance may be modified for specific Fire Resistive
Heritage Trees as defined .arid further provided for in the City of Dublin Wildfire Management
Plan. Remove any portion of a tree that extends within ten feet (10') of the outlet of a chimney or
stovepipe.
ATTACHMENT 4
Page 2. Removal Requirements -City ofDubtin
y/ /
? Rural: Parcels, one acre or less, shall require complete abatement of all exterior fire hazards.
Parcels greater than one acre should provide a minimum twelve-foot (12') firebreak. Firebreaks
are to follow as closely as practical, the property line, along one side offence lines, ditches, and on
top of ridges, or surrounding structures. Trees may be left within the f rebreak and shall have low
limbs trimmed up to a height of six feet (6'). All buildings and structures which are upon or
adjoining hazardous fire areas, shall be maintained with an effective firebreak by removing and
clearing away flammable vegetation and combustible growth from within thirty feet (30') of such
buildings or structures. A firebreak of one hundred feet (I00') may ~be required due to terrain,
topography, or fuel. Where practical, provide twelve-foot (12') firebreaks from inside fence line
along all public roadways. Combustible storage, such as usable lumber, cord fire wood, hay or
straw, shall be neatly stacked an all combustible growth shall be removed from within fifteen feet
(15') of the stored materials.
? Rural Residential: Remove from the property, within thirty feet (30'} immediately surrounding
structures, all dead trees, and maintain all weeds and other vegetation at a height of no more than
four inches (4"). Native shrubbery should be cleared to a distance of at least fifteen feet (15') of
structure. Remove any portion of a tree branch, which extends within ten feet (10') of the outlet of
a chimney or stovepipe. Keep all trees, shrubs, and other vegetation adjacent to or overhanging
any building or structure free of dead limbs, branches, or -other combustible materials. Where
practical, provide twelve-foot (12') firebreaks from inside fence line along all public roadways.
Combustible storage, such as usable lumber, cord fire wood, hay or straw, shall be neatly stacked
and all combustible growth shall be removed. within fifteen feet (15') of stored material. No stack
shall be located less than thirty feet (30') from a building or structure. Combustible trash, rubbish,
or litter shall be removed from the property.
If you have any questions, please contact the Alameda County Fire Department, Fire Prevention
Bureau, City of Dublin Division, at 925-833-6606.