§ 142.0412 — Brush Management

§142.0412 Brush Management

Brush management is required in all base zones on publicly or privately owned premises that are within 100 feet of a structure and contain native or naturalized vegetation. (a) Brush management activity is permitted within environmentally sensitive lands (except for wetlands) that are located within 100 feet of an existing structure in accordance with Section 143.0110(c)(7). Brush management in wetlands may be requested with a development permit in accordance with Section 143.0110 where the Fire Chief deems brush management necessary in accordance with Section 142.0412(i). Where brush management in wetlands is deemed necessary by the Fire Chief, that brush management shall not qualify for an exemption under the Environmentally Sensitive Lands Regulations, Section 143.0110(c)(7). (b) Brush Management Zones. Where brush management is required, a comprehensive program shall be implemented that reduces fire hazards around structures by providing an effective fire break between all structures and contiguous areas of native or naturalized vegetation. This fire break shall consist of two distinct brush management areas called “Zone One” and “Zone Two” as shown in Diagram 142-04E. Diagram 142-04E Brush Management Zones Proposed or existing Top or bottom Zone One structure Zone Two Native or of slope naturaliz ed Slope vegetation (1) Brush management Zone One is the area adjacent to the structure, shall be least flammable, and shall typically consist of pavement and permanently irrigated ornamental planting. Brush management Zone One shall not be allowed on slopes with gradient greater than 4:1 (4 horizontal feet to 1 vertical foot) unless the property received tentative map approval before November 15, 1989. However, within the Coastal Overlay Zone coastal development shall be subject to the encroachment limitations set forth in Section 143.0142(a)(4) of the Environmentally Sensitive Lands Regulations. (2) Brush management Zone Two is the area between Zone One and any area of native or naturalized vegetation and typically consists of thinned, native or naturalized non-irrigated vegetation. (c) The width of Zone One and Zone Two shall not exceed 100 feet and shall meet the width requirements in Table 142-04H unless modified based on existing conditions pursuant to Section 142.0412(i) and the following: (1) The establishment of brush management Zones One and Two for new development shall be addressed in a site-specific plan to include all creative site and/or structural design features to minimize impacts to undisturbed native vegetation. Both Zone One and Zone Two shall be provided on the subject property unless a recorded easement is granted by an adjacent property owner to the owner of the subject property to establish and maintain the required brush management zone(s) on the adjacent property in perpetuity. (2) Where Zone Two is located within City-owned property, a Right-of-Entry shall be executed in accordance with Section 63.0103 prior to any brush management activity. Zone Two is not permitted in City-owned open space for new development proposals. For properties in the Coastal Overlay Zone, additional requirements for new subdivisions are found in Section 142.0412 (n). (3) Zone Two is not permitted in areas designated for habitat mitigation per Section III of the Biology Guidelines in the Land Development Manual. Table 142-04H Brush Management Zone Width Requirements Criteria Zone Widths Zone One Width | 35 ft. Zone Two Width | 65 ft. (d) Brush management activities are prohibited within coastal sage scrub, maritime succulent scrub, and coastal sage-chaparral habitats from March 1 through August 15, except where documented to the satisfaction of the City Manager that the thinning would be consistent with conditions of species coverage described in the City of San Diego’s MSCP Subarea Plan. (e) Where Zone One width is required adjacent to the MHPA or within the Coastal Overlay Zone, any of the following modifications to development regulations of the Land Development Code or standards in the Land Development Manual are permitted to accommodate the increase in width: (1) The required front yard setback of the base zone may be reduced by 5 feet, (2) A sidewalk may be eliminated from one side of the public right-of-way and the minimum required public right-of-way width may be reduced by 5 feet, or (3) The overall minimum pavement and public right-of-way width may be reduced in accordance with the Street Design Standards of the Land Development Manual. (f) The Zone Two width may be decreased by 1 ½ feet for each 1 foot of increase in Zone One width, however, within the Coastal Overlay Zone, a maximum reduction of 30 feet of Zone Two width is permitted. (g) Zone One Requirements (1) The required Zone One width shall be provided between native or naturalized vegetation and any structure and shall be measured from the exterior of the structure to the vegetation. (2) Zone One shall contain no habitable structures, structures that are directly attached to habitable structures, or other combustible construction that provides a means for transmitting fire to the habitable structures. Structures such as fences, walls, palapas, play structures, and non-habitable gazebos that are located within brush management Zone One shall be of noncombustible, one hour fire-rated, or Type IV heavy timber construction as defined in the California Building Code. (3) Plants within Zone One shall be primarily low-growing and less than 4 feet in height with the exception of trees. Plants shall be low-fuel and fire-resistive. (4) Trees within Zone One shall be located away from structures to a minimum distance of 10 feet as measured from the structures to the drip line of the tree at maturity in accordance with the Landscape Standards of the Land Development Manual. (5) Permanent irrigation is required for all planting areas within Zone One except as follows: (A) When planting areas contain only species that do not grow taller than 24 inches in height, or (B) When planting areas contain only native or naturalized species that are not summer-dormant and have a maximum height at plant maturity of less than 24 inches. (6) Zone One irrigation overspray and runoff shall not be allowed into adjacent areas of native or naturalized vegetation. (7) Zone One shall be maintained on a regular basis by pruning and thinning plants, controlling weeds, and maintaining irrigation systems. (h) Zone Two Requirements (1) The required Zone Two width shall be provided between Zone One and the undisturbed, native or naturalized vegetation, and shall be measured from the edge of Zone One that is farthest from the habitable structure, to the edge of undisturbed vegetation. (2) No structures shall be constructed in Zone Two. (3) Within Zone Two, 50 percent of the plants over 24 inches in height shall be cut and cleared to a height of 6 inches. (4) Within Zone Two, all plants remaining after 50 percent are reduced in height, shall be pruned to reduce fuel loading in accordance with the Landscape Standards in the Land Development Manual. Non-native plants shall be pruned before native plants are pruned. (5) The following standards shall be used where Zone Two is in an area previously graded as part of legal development activity and is proposed to be planted with new plant material instead of clearing existing native or naturalized vegetation: (A) All new plant material for Zone Two shall be native, low-fuel, and fire-resistive. No non-native plant material may be planted in Zone Two either inside the MHPA or in the Coastal Overlay Zone, adjacent to areas containing sensitive biological resources. (B) New plants shall be low-growing with a maximum height at maturity of 24 inches. Single specimens of fire resistive native trees and tree form shrubs may exceed this limitation if they are located to reduce the chance of transmitting fire from native or naturalized vegetation to habitable structures and if the vertical distance between the lowest branches of the trees and the top of adjacent plants are three times the height of the adjacent plants to reduce the spread of fire through ladder fueling. (C) All new Zone Two plantings shall irrigated temporarily until established to the satisfaction of the City Manager. Only low-flow, low-gallonage spray heads may be used in Zone Two. Overspray and runoff from the irrigation shall not drift or flow into adjacent areas of native or naturalized vegetation. Temporary irrigation systems shall be removed upon approved establishment of the plantings. Permanent irrigation is not allowed in Zone Two. (D) Where Zone Two is being revegetated as a requirement of Section 142.0411(a), revegetation shall comply with the spacing standards in the Land Development Manual. Fifty percent of the planting area shall be planted with material that does not grow taller than 24 inches. The remaining planting area may be planted with taller material, but this material shall be maintained in accordance with the requirements for existing plant material in Zone Two. (6) Zone Two shall be maintained on a regular basis by pruning and thinning plants, removing invasive species, and controlling weeds. (7) Except as provided in Section 142.0412(i), where the required Zone One width shown in Table 142-04H cannot be provided on premises with existing structures, the required Zone Two width shall be increased by one foot for each foot of required Zone One width that cannot be provided. (i) An applicant may request approval of alternative compliance for brush management if all of the following conditions exist: (1) The proposed alternative compliance provides sufficient defensible space between all structures on the premises and contiguous areas of native or naturalized vegetation as demonstrated to the satisfaction of the Fire Chief based on documentation that addresses the topography of the site, existing and potential fuel load, and other characteristics related to fire protection and the context of the proposed development. (2) The proposed alternative compliance minimizes impacts to undisturbed native or naturalized vegetation where possible while still meeting the purpose and intent of Section 142.0412 to reduce fire hazards around structures and provide an effective fire break. (3) The proposed alternative compliance is not detrimental to the public health, safety, and welfare of persons residing or working in the area. (j) If the Fire Chief approves alternative compliance in accordance with this section, the modifications shall be recorded with the approved permit conditions if approved as part of a development permit, or noted in the permit file if approved as part of a construction permit. (k) For existing structures, the Fire Chief may require brush management in compliance with this section for any area, independent of size, location, or condition if it is determined that an imminent fire hazard exists. (l) Brush management for existing structures shall be performed by the owner of the property that contains the native and naturalized vegetation. This requirement is independent of whether the structure being protected by brush management is owned by the property owner subject to these requirements or is on neighboring property. (m) Where specifically authorized by the Fire Chief, goats may be used for brush management in accordance with the following: (1) In order to prevent escapes, harassment from predators or humans, or over browsing, goats shall be managed and monitored 24-hours a day by a contractor with at least two years experience in raising, handling, and controlling of goats. The goat contractor shall maintain a minimum of $1 million of liability insurance subject to approval by the Office of the City Attorney. (2) At least 10 business days prior to using goats for brush management, the property owner shall apply to the Fire Rescue Department for a permit to use goats for brush management. The applicant shall: (A) Obtain and submit written permission from the owner of any property through which the goats must gain access to the area to be browsed. (B) Provide written notice to the Fire Chief and all owners and residents of property located immediately adjacent to the area to be browsed. This notice shall identify Sections 44.0307 and 142.0412(m) as the authority for temporary use of goats. (C) Provide photographs of the existing condition of the site, and a plan describing the methods to be employed and measures to retain existing vegetation in compliance with Section 142.0412(h). (3) The area to be browsed shall be measured, staked, and appropriately fenced with temporary electrically charged fencing to delineate brush management in the Zone Two areas. Signs must be posted at 25-foot intervals along the fence warning of the possibility of mild electric shock. (4) The timing of brush management activities shall comply with Section 142.0412(d). (5) While goats are browsing: (A) No more than 75 goats are permitted on a single acre of the premises. (B) Goats shall be moved along periodically so that no more than 50 percent of the vegetation is thinned or reduced. (C) The goats shall remain within a secure enclosure at all times. (D) Goats shall be moved into a separate holding pen at night, which shall be located the maximum distance reasonably practicable from residences. (E) Droppings in the holding pen, and to the extent reasonably possible within the brush management area, shall be removed and properly disposed of daily in accordance with Section 44.0307. (F) The goats shall be used for brush management only and shall be immediately removed when the brush thinning has been accomplished. (6) No later than 5 business days from the date of removal of the goats, the applicant shall notify the Fire Chief in writing of the removal of the goats. (7) The Fire Rescue Department shall not approve any permit under Section 142.0412(m) that will utilize a contractor determined by the City Manager to have negligently performed brush management services within the three prior calendar years. All facts supporting such a determination shall be provided to the applicant in writing, and shall constitute a final determination on the City’s behalf. (n) Within the Coastal Overlay Zone, brush management for new subdivisions shall not be permitted to encroach into an environmentally sensitive habitat area [ESHA], except that encroachment may be permitted where necessary to achieve a maximum development area of 25 percent including Zones One and Two. For purposes of this Section, ESHA shall include southern fordunes, Torrey pines forest, coastal bluff scrub, maritime succulent scrub, maritime chaparral, native grasslands, oak woodlands, coastal sage scrub and coastal sage scrub/communities, and any vegetative communities that support threatened or endangered species. (o) Violations and Remedies (1) The provisions of this division shall be enforced pursuant to Chapter 12, Article 1, Division 2 (Enforcement Authorities for the Land Development Code), and Chapter 12, Article 1, Division 3 (Violations of the Land Development Code and General Remedies). (2) In accordance with Section 121.0312, the City Manager may order reasonable restoration of the premises and any adjacent affected site to its lawful condition or may require reasonable mitigation at the sole cost of the responsible person. (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (Amended 9-19-2005 by O-19413 N.S.; effective10-19-2005.) (Amended 6-15-2007 by O-19624 N.S.; effective 7-15-2007.) (Amended 1-15-2008 by O-19698 N.S.; effective 2-14-2008.) (Amended 7-28-2009 by O-19885 N.S; effective 8-27-2009.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) [Editors Note Section 142.0412. Resolution R-303274 was adopted by City Council to temporarily allow goat monitoring in the coastal overlay zone for a 5 year trial period during which annual monitoring reports would be distributed to the Coastal Commission. If at the end of 5 years, monitoring reports indicate that the use of goats has adversely impacted ESHA, the use of goats in the coastal zone would be discontinued.]

(Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.) (Amended 1-11-2019 by O-21033 N.S.; effective 2-10-2019.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)