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HomeMy WebLinkAboutReso 159-10 Wildfire Mgmt PlanRESOLUTION NO. 159 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **~~~~***** AMENDING THE WILDFIRE MANAGEMENT PLAN WHEREAS, Mitigation Measure 3.4/12.0 of the Eastern Dublin Environmental Impact Report ("EIR") required that the City develop a Wildfire Management Plan ("the Plan") with the objective of reducing the risk of open land wildfire to the lowest practical level consistent with reasonable protection of wildlife habitat and other open space values; and WHEREAS, the EIR requires that the Plan address various issues, including how open lands in Eastern Dublin will be owned, used and maintained, as well as what wildfire hazard mitigation measures will be implemented; and WHEREAS, the City Council of the City of Dublin adopted a Wildfire Management Plan by Resolution 84-96 on July 9, 1996 in fulfillment of the provisions of the EIR; and WHEREAS, the Wildfire Management Plan was subsequently amended on March 5, 2002 by Resolution 29-02; and WHEREAS, in preparing amendments to the Dublin Municipal Code Chapter 7.32 (Building Code), the City Building Official has incorporated provisions from the California Building Code relating to "Materials and Construction Methods For Exterior Wildfire Exposure"; and WHEREAS, said incorporated provisions from the California Building Code constitute effective wildfire hazard mitigation measures that satisfy the requirements of Mitigation Measure 3.4/12.0 of the EIR; and WHEREAS, the City Council of the City of Dublin wishes to amend the Wildfire Management Plan to reference the wildfire hazard mitigation measures proposed to be incorporated into Chapter 7.32 and to remove all duplicative provisions contained in the Wildfire Management Plan. NOW, THEREFORE, the City Council of the City of Dublin does hereby RESOLVE as follows: 1. The Wildfire Management Plan is hereby amended to read as set forth in Exhibit A. 2. This Resolution shall become effective on January 1, 2011, provided that a City Council Ordinance approving amendments to Dublin Municipal Code Chapter 7.32 that include provisions relating to "Materials and Construction Methods for Exterior Wildfire Exposure" is also effective at that time. If such Ordinance is not effective on January 1, 2011, then this Resolution shall be effective only when such Ordinance becomes effective. Reso No. 159-10, Adopted 11/02/10, Item No. 6.1 Page 1 of 2 PASSED, APPROVED AND ADOPTED this 2nd day of November, 2010, by the foliowing vote: AYES: councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ^ / `J ~c~--._ ~ . Mayor ATTEST: ~ ~ /, City Clerk Reso No. 159-10, Adopted 11/02/10, Item No. 6.1 Page 2 of 2 City of Dublin - Wildfire Management Plan City of Dublin Page 1 of 6 ~~ ~ ~ ~ ~---I I ADOPTED: July 9, 1996 Resolution No. 84-96 REVISED: March 5, 2002 Resolution No. 29-02; and November 2, 2010 Resolution No. XX -10 EXHIBIT A Wildfire Management Plan City of Dublin - Wildfire Management Plan 137 I~{ ~ ~ Implementation Guideline Res onsible Parties Timin Action Citv Determine Future • Provide Wildfire Management Plan to • Plannin Develo ment Develo er Developer Development Initiation • Determines Open Space Ownership • Proposes Maintenance Program • Identifies Fundin Source Citv 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 • Preliminary Landscape Plan for Private Property • Vicinity Plan Citv Building Plan Approval • Wildfire Management Plan • Community Specification Met Development • Certification of Fees • Fire • Finance Citv 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 b recordin on title. City 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 ro erties C~ Proposed changes by the Evaluate Wildlife Habitat • Community City or others that impact Page 2 of 6 EXHIBIT A 13~ ~ 1 ~ I City of Dublin - Wildfire Management Plan ~ Purpose 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 Authoritv Adopted by Dublin City Council Resolution 84-96 dated July 9, 1996. Amended by Resolutions 24-01, March 20, 2001, 29-02, January 2002 and XX-10, November 2010. Requirements This plan will be implemented in conjunction with the incorporation into Chapter 7.32 of the Dublin Municipal Code (Building Code) of ineasures relating to "Materials and Construction Methods For Exterior Wildfire Exposure," and the State Board of Forestry General Guidelines for Creating Defensible Space. 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. State defensible space guidelines provide for the development of firebreaks and clearance areas between open space/undeveloped lands and developed properties; therefore, no additional brush control measures are required in this plan. Vegetation growth within areas affected by this plan will be enforced and monitored in two ways. First, all areas will be inspected in accordance with the Fire Department's Abatement Program. Second, provisions in Chapter 7.32 of the Dublin Municipal Code relating to "Materials and Construction Methods For Exterior Wildfire Exposure" provides for acceptable methods of compliance inspection and documentation for vegetation management. Wildlife habitat will be evaluated by the City when therc is any proposed change in open space/undeveloped lands. Applicability This Wildfire Management Plan, including the provisions in Chapter 7.32 of the Dublin Municipal Code relating to "Materials and Construction Methods For Exterior Wildfire Exposure" apply to all new development within the City of Dublin. The provisions in Chapter 7.32 of the Dublin Municipal Code relating to "Materials and Construction Methods For Exterior Wildfire Exposure" applies to areas the City has designated as wildland-urban interface fire areas as defined in Chapter 7.32. Alternative Methods / Anpeals An applicant wishing to use alternative methods shall submit their request to the Fire Code Official in accordance with the California Fire Code, Section 104.9 as amended by the City. Page 3 of 6 EXHIBIT A City of Dublin - Wildfire Management Plan . J`~~ ~. ~~ ~ An a licant wishin to a eal a re uirement laced on them b this lan shall file their ~ PP g PP 9 P Y P appeal in accordance with the California Fire Code, Section 104.9 as amended by the city. Ownership and Financin~ of Maintenance for Open Space The property owner is responsible for maintenance of Open Space, which is defined as lands set aside to remain permanently undeveloped. The City also requires that the owner of record and maintenance responsibilities be disclosed to potential purchasers of property. The following are types of approved ownership in thc City of Dublin: Citv Ownershi~ - 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 land according to approved specifications prior to transfer of ownership to the City. 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 maintenance of firebreaks and clearance areas. The project approvals and any development agreement will specify performance standards to be met regarding Open Space maintenance. Other Governmental A~encv 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 Agencv 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 Page 4 of 6 EXHIBIT A I~~d~ ~~ City of Dublin - Wildfire Management Plan 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 property. Plan Submittal Requirements Plans shall be submitted and will be reviewed for compliance with the Wildfire Management Plan in accordance with the following schedule: Planned Develo~ment Rezoning Review - Plans submitted for PDR revicw shall includc the following: • Design of the Fire Buffer Zone • Preliminary landscape plan for privately owned properties • Vicinity Plan 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 Buildin~ 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 A~proval Prior to OccupancX - 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 - All 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 Page 5 of 6 EXHIBIT A City of Dublin - Wildfire Management Plan ~~ (~~~ ~ Construction Requirements for Buildin~s Adiacent to Open Space or other undeveloped land Construction of buildings adjacent to Open Space or other undeveloped land shall be done in conformance with the provisions in Chapter 7.32 of the Dublin Municipal Code (Building Code) relating to "Materials and Construction Methods For Exterior Wildfire Exposure." Ve~etation Maintenance The City requires that a maintenance program be established for firebreaks or fire buffer areas, in accordance with state or local fire protection regulations and guidelines. The maintenance program should also plan for the replacement of dead plants and plants which are beyond useful life. Onen Saace 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 Fire Resistive Heritage 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. The property owner shall install and maintain an irrigated fuel break/greenbelt, outside the dripline of the Fire Resistive Hentage 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. 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. All other applicable standards shall continue to apply except as modified above. 1534440.1 Page 6 of 6 EXHIBIT A