HomeMy WebLinkAbout2018-05-14 Study Session
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, May 14, 2018
Council Chambers, 1175 E. Main Street
5:30 p.m.
1. Public Input (15 min)
II. Presentation by Sheriff Sickler RE: Jackson County Jail (40 min)
III. Wildfire Code Update (30 min)
IV. City Administrator Updates (5)
Immediately following the study session Council will hold an executive session to conduct
deliberations with persons designated by the governing body to carry on labor
negotiations.pursuant to ORS 190.660(2)(d)
Note: Topic times are estimates and subject to modification at the meeting
• In compliance with the Americans with Disabilities Act if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE
CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
Council Stud Session
May 14, 2018,
Title: Wildfire Mitigation Strategies and Development
Standards
Item Type: Update
Requested by Council? Yes
From: Brandon Goldman Senior Planner
Community Development
Brandon.goldma n(o)ash land. or. us
Chris Chambers Forestry Division Chief
Ashland Fire & Rescue
Chris.chambers(o-)-ashland.or.us
Discussion Questions:
General discussion regarding citywide wildfire mitigation strategies, modification of the adopted Wildfire
Lands boundary map, proposed amendments to the Development Standards for Wildfire Lands section of
the Ashland Municipal Code (Chapter 18.3.10.100), and the adoption of a fuel modification area
prohibited plant list to disallow the planting of highly flammable plants within 30 feet of a structure.
Resource Requirements:
There is no direct cost to the City relating to expanding the Wildfire Lands boundary, adoption of
amendments to the Development Standards for Wildfire Lands, or the adoption of a general fuel
modification area prohibited plant list. The comprehensive administration of the planned code
amendments citywide will require additional allocation of existing staff resources to review development
proposals for conformance with the proposed standards.
Su22ested Next Steps:
The Planning Commission is scheduled to hold a public hearing on the proposed ordinance updating the
Development Standards for Wildfire Lands on June 12, 2018. The Tree Commission and Wildfire
Mitigation Commission have already reviewed the proposed ordinance and have provided
recommendations for consideration at the upcoming public hearings as part of the formal adoption
process. The City Council is tentatively scheduled to hold hearings on the proposed ordinance in the
summer of this year.
Policies, Plans and Goals Supported:
The expansion of the Wildfire Lands boundary would have development implications for all properties
within the City Limits that due to their inclusion they would become regulated under AMC Chapter
18.3.10.100 [Development Standards for Wildfire Lands]. The intent of amending the Wildfire Lands
boundary is to better manage the wildfire threat for all areas within the City of Ashland.
The City defined the current Wildfire Lands overlay boundary in 1997. Currently, many areas that are
outside of the designated Wildfire Lands boundary possess the same hazard values as areas within the
Page 1 of 4 CITY OF
ASHLAND
overlay. Additionally, history has shown that areas far outside of the current Wildfire Lands are extremely
vulnerable to ignition and promote extreme fire behavior.
Areas within a Wildfire Lands overlay fall under Section 304.1.2 of the Oregon Fire Code, Sections 603
and 604 of the Wildland Urban Interface Code, Section 18.3.10.100 of the Ashland Municipal Code, and
Section 324 of the Oregon Residential Specialty Code. These codes regulate landscaping, roof
construction, defensible space and fuel modification areas (fuel breaks).
The City Council set a strategic goal in 2015 that specifically relates to the proposed wildfire lands
ordinance update:
Goal: Complete the expansion of the city's wildfire hazard zone to accurately reflect risk (8.4).
Update the Wildfire Hazard Zone ordinance to allow for Citywide application and schedule for
Council consideration.
The Ashland Comprehensive Plan Environmental Resources Chapter (4.25 Wildfire Hazards) includes the
following goal:
Goal: Protect life, property and environmental resources in Ashland's suburban/wildland
interface area from the devastating effects of wildfire. Lessen the possibility of wildfire spreading
to the Ashland watershed from the urban/wildland interface area
Ashland Community Wildfire Protection Plan (2004) Chapter 5 Action Items:
Goal: Write and adopt afire safe landscaping ordinance to regulate plantings around new
structures.
Draft 2018 Multi-Jurisdictional Natural Hazard Mitigation Plan [Ashland Addendum]
Goal: Reduce the threat of loss of life and property from natural hazards by incorporating
information on known hazards and providing incentives to make hazard mitigation planning a
priority in land use policies and decisions, including plan implementation.
Climate and Energy Action Plan 2017
Goal: 1Prepare the city's communities, systems, and resources to be more resilient to climate
change impacts.
Strategy ULT-4. Support more climate-ready development and land use.
Regulate new development in the Wildfire Lands Overlay part of the urban growth boundary.
Background and Additional Information:
In consideration of the wildfire risk facing the community an ad-hoc wildfire hazard working group
comprised of the Mayor, City staff, representatives from the Tree, Wildfire Mitigation and Planning
Commissions have been developing a multi-faceted approach to reducing risks throughout the City. This
approach includes:
• Creating a community information program where residents can review a new wildfire risk
assessment map to understand their property's individual risk factors,
• Establishing a voluntary fuels reduction program.
• Expanding the existing wildfire overlay zone to newly include all properties within the City.
• Adopting land use ordinance amendments [Development Standards for Wildfire Lands] that
establish standards for fire prevention and control plans, and fuel management requirements,
that are to be carried out in conjunction with new development activities within the City.
• Adopting by ordinance a prohibited flammable plant list, which would preclude such highly
flammable plants from being newly planted within 30 feet of any structure within the City.
Page 2of4 CITY OF
ASHLAND
It is the purpose of updating the Development Standards for Wildfire Lands is to reduce the potential
impacts of wildfire on properties throughout the City of Ashland. The proposed standards aim to balance
the need to preserve natural habitat, prevent erosion, provide for aesthetic and functional landscaping, and
to facilitate access to manmade structures by firefighters in the event of a wildfire.
The development standards for wildfire lands would more clearly distinguish between the risk posed by
highly flammable plants and trees, as listed on the General Fuel Modification Area Prohibited Plant List
(attached), and those shrubs and trees that are more fire resistant.
• A Fire Prevention and Control Plan would be required with applications to partition or
subdivide properties, and for new commercial and multi-family developments. A Fire
Prevention and Control Plan would not be required for the construction of a single family
dwelling or an addition.
• A General Fuel Modification Area would be required of all properties obtaining building
permits for new construction including the following:
• All new structures, including decks and accessory structures, that increase lot coverage by
200 square feet or greater.
• Additions to existing buildings, including decks, which increase the building's footprint
by 200 square feet or greater.
• The General Fuel Modification Area requirements as proposed include the following
requirements:
• Removal of all dead or dying vegetation.
• No new planting of highly flammable plants within 30 feet of a structure (see prohibited
plant list attached).
• Removal of existing highly flammable plants within 5 feet of a new building or addition.
• Combustible materials shall not be located within 5 feet of a structure.
• Fences are to be constructed with non-flammable material where the fence attaches to a
building or deck.
• Existing highly flammable trees (e.g. evergreen trees such as Cypress, Pine and Fir) shall
be pruned to provide a minimum 10 foot clearance from a new building or addition, unless
pruning the tree to this extent will compromise its health.
• Existing fire resistant trees (e.g. deciduous trees such as Oak and Maple) shall be pruned
as to not touch a structure and provide a minimum 10 foot clearance from a chimney.
• Understory growth, vegetation below trees, shall be removed or maintained to reduce the
risk of the spread of wildfire
• Roof Material (new or 50% re-roof) to be fire resistant (Class B).
• Allowances to preserve vegetation for erosion control, riparian and wetland preservation.
• The proposal includes newly listing specific highly flammable plants as being prohibited
within a general fuel modification area. Chapter 9.04 -Weeds and Noxious Vegetation, of the
municipal code is to be amended declare such plants as a fire hazard.
• The ordinance adopting the prohibited planting would preclude newly planting the listed
plants within 30 feet of a structure.
• Pre-existing highly flammable plants on this list would not have to be removed unless a
general fuel modification area was to be established as part of proposed development
activity.
Page 3 of 4 CITY OF
ASHLAND
• The proposed standards for both Fire Prevention Control Plans, and General Fuel Modification
Areas, newly include flexibility to allow the Staff Advisor and Fire Code Official to review
and approve requested deviations from the requirements when it can be demonstrated that due
to specific site conditions, or the nature of the development, that there is no increased risk to
the spread of wildfire.
Attachments:
• Wildfire Overlay Map
• Draft Amendments to the Ashland Land Use Ordinance relating to Wildfire development
standards:
o Draft Amendments to 18.3.10.100 -Development Standards for Wildfire Lands
o Draft Amendments to additional Land Use Ordinance Sections to be amended in
association with the proposed Wildfire Standards (18.3.10.020; 18.3.10.040;
18.3.10.090; 18.4.3.080; 18.4.4.060; 18.5.3.060; 18.5.5.020; 18.5.7)
• Draft General Fuel Modification Area Prohibited Flammable Plant List
Page 4 of 4 CITY OF
ASHLAND
CITY OF
\
ASHLAND
L~ Physical and Environmental Constraints
Wildfire Lands
\ I \ E _
L-- I City Limits
Urban Growth Boundary
I, ^ ---I
13"rp~ Wildfire Lands (Adopted)
I Wildfire Lands additions (Proposed)
ALM no's
i ~yb.~~ _ NOT TO SCALE
t
,'a~ . ,
y
I I ~Se~S gdid ,--1 \V
~7A
I I \ \
M l
II
i
DRAFT
Wildfire Ordinance Amendments
May 14, 2018
18.3.10.100 Development Standards for Wildfire Lands
It is the purpose of the Development Standards for Wildfire Lands to provide
supplementary development regulations to underlying zones to reduce or minimize the
potential impacts of wildfire on properties, the occupants of properties and the
occupants of adjacent properties. These standards function to balance the need to
preserve natural habitat, prevent erosion, provide for aesthetic and functional
landscaping, and to facilitate access to manmade structures by firefighters in the event
of a wildfire.
A. Requirements for Subdivisions, Performance Standards Developments,
Site Design Review or Partitions.
1. Applicability. A Fire Prevention and Control Plan shall be required with the
submission of any application for an outline plan approval of a Performance
Standards Development, preliminary plat of a subdivision, Site Design Review
(except for Site Design Review of Accessory Residential Units) or land partition.
2. Submission Requirements. The Fire Prevention and Control Plan, prepared at the
same scale as the development plans, shall address the General Fuel Modification
Area Requirements outlined in 18.3.10.100.13 and include the submission materials
listed below. The Staff Advisor may waive a submission requirement if the Staff
Advisor determines it is not reasonably necessary in order to make a decision on
the application.
a. The location and dimensions of all existing and proposed structures, parking
areas and driveways on the property.
b. The location, dimension, and grade of fire apparatus access roads and
driveways serving all structures on the property.
c. The location and dimensions of all structures upon adjoining properties
located within 30 feet of a shared property line.
d. The location of all existing and proposed fire hydrants.
e. Site contours showing two foot intervals detailing elevation and slope.
f. A tree and vegetation management plan showing:
i Areas where shrubs and bushes will be removed including a
description of the species and size,
ii. Areas where trees will be removed to reduce interlocking tree
canopies including a description of the species and diameter at
breast height (DBH),
1
City Council Study Session
May 14, 2018
iii. New trees, shrubs and bushes to be planted including the species,
location and size at maturity,
iv. Significant trees to be retained.
g. The location of and information addressing required general fuel modification
area setback areas as described in subsection 18.3.10.100. B.
h. A schedule and timetable for vegetation removal and thinning shall be
included in the Fire Prevention and Control Plan. An exception to the
implementation schedule may be granted by the Fire Code Official.
3. Approval Criteria. The hearing authority, in consultation with the Fire Code Official,
shall approve the Fire Prevention and Control Plan when, in addition to
demonstrating compliance with the standards required by this chapter, it is found
that the wildfire hazards present on the property have been reduced to a
reasonable degree.
a. In order to meet the purpose and standards of this chapter the hearing
authority, in consultation with the Fire Code Official, may require the
following through the imposition of conditions attached to the approval.
i. Delineation of areas of heavy vegetation to be thinned and a formal
plan for such thinning.
ii. Clearing of sufficient vegetation to reduce fuel load.
iii. Removal of all dead and dying trees.
iv. Relocation of proposed structures and roads to reduce the risks of
wildfire and improve the chances of successful fire suppression.
V. Preservation or planting a sufficient number of trees and plants for
erosion prevention and enhancement of water resources,
4. Fire Prevention and Control Plan Maintenance. The property owner of a lot, or
Home Owners Association for areas held in common, shall be responsible for
maintaining the property in accord with the requirements of the Fire Prevention and
Control Plan approved by the hearing authority.
a. Provisions for the maintenance of a required Fire Prevention and Control
Plan shall be included in the covenants, conditions and restrictions for the
development, or otherwise recorded in the Jackson County real property
records, and the City shall be named as a beneficiary of such covenants,
restrictions, and conditions.
B. Requirements for Construction of All Buildings and Decks.
1. Applicability. A fuel modification area is defined as an area either natural or
manmade, where material capable of allowing a fire to spread unchecked has been
treated, cleared or modified to slow the rate and intensity of an advancing wildfire
and to create an area for fire suppression operations. Establishment of a fuel
2
Cty Coundl Study Session
fray'11, 2018
modification area does not involve stripping the ground of all native vegetation. A
fuel modification area shall be required for the following construction:
a. All new buildings that increase lot coverage by 200 square feet or greater,
shall have a fuel modification area covering the full extent of the property.
b. Decks, additions to existing buildings, and detached accessory structures
which increase lot coverage by 200 square feet or greater, shall have a fuel
modification area extending 30 feet from the furthest extent of the addition,
deck, or accessory structure, or to the property line, whichever is less.
2. General Fuel Modification Area Requirements. To reduce fire spread both from
and to structures on the property, and to adjoining properties, the establishment
and maintenance of a fuel modification area requires the following:
a. All standing dead and dying vegetation shall be removed from the property,
except when considered ecologically beneficial.
b. Newly planted vegetation within 30 feet of any building or deck shall not
include species listed on the City's Prohibited Flammable Plant List. This
setback distance shall be increased by ten feet for each ten percent increase
in the average slope of the property over ten percent.
c. Within five feet of a new building, addition, or deck, existing vegetation listed
on the City's Prohibited Flammable Plant List shall be removed, with the
exceptions of significant trees as defined in part 18.6.
d. Within five feet of a new building, addition, or deck, combustible man-made
and natural materials are prohibited, including but not limited to bark mulch,
stored wood, and accumulation of dry leaves and needles, with the following
exceptions;
i. Combustible materials may be permitted within five feet of a
structure when approved by the Staff Advisor in consultation with the
Fire Code Official, has determined the portion of the structure
adjoining the combustible material is constructed with ignition
resistant building materials sufficient to reduce the spread of fire
from the combustible materials.
e. Existing trees, which are identified on the City's Prohibited Flammable Plant
List shall be maintained to provide a clearance from new structures, and
additions, as follows-
i. Ten (10) feet horizontal clearance from a chimney outlet. At no time
shall tree crowns or limbs extend into the vertical plane of a chimney
outlet.
ii. Ten (10) feet above the roof of a new building, or addition.
iii. Ten (10) feet from the furthest extension of a new building, or
addition or deck.
iv. In circumstances where meeting the clearance from structures
requirements of 18.3.10.100.B.2.d. i-iii, would compromise the
3
City COLMCii Study Session
May 14, 2015
health and survival of existing trees, the Staff Advisor may modify
those requirements, but at a minimum the trees shall be maintained
consistent with 18.3.10.100.B.2.i.
f. Canopy spacing of the outermost limbs of trees on the City's Prohibited
Flammable Plant List shall be separated by at least ten (10) feet at mature
size.
i. Groups of trees in immediate proximity to each other may be
considered as one tree canopy when approved by the Staff Advisor
in consultation with the Fire Code Official.
ii. Canopy spacing requirements do not apply to significant trees, as
defined in part 18.6, or trees that are not listed on the City's
Prohibited Flammable Plant List.
g. Fire resistant trees, those not listed on the City's Prohibited
Flammable Plant List, shall be maintained to provide clearance
from structures as follows:
i. 10 feet horizontal clearance from a chimney outlet. At
no time shall tree crowns or limbs extend into the
vertical plane of a chimney outlet.
ii. Tree limbs shall be pruned to ensure they do not touch
any part of a structure including but not limited to roofs,
eaves, and decks.
h. Shrubs and bushes which are identified on the City's Prohibited Flammable
Plant List, shall:
i. not be planted within 30 feet of any building or deck;
ii. when planted further than 30' from a building or deck they shall be
separated by a minimum of two times the shrub's height at maturity.
i. Existing trees which are identified on the City's Prohibited Flammable Plant
List shall be pruned up to a minimum eight feet above grade, or 1/3 of the
tree height, whichever is less.
j. The vertical clearance between the top of understory vegetation within the
drip line of a tree, and the lowest tree limbs shall be at least three times the
height of vegetation where either the tree or vegetation is listed on the City's
Prohibited Flammable Plant list.
k. Where necessary for erosion control, slope stability, riparian and wetland
preservation and enhancement, performing functions considered beneficial
in water resource protection, or aesthetic purposes, existing vegetation may
be allowed to be retained consistent with an approved Fire Prevention and
Control Plan, or upon written approval of the Staff Advisor in consultation
with the Fire Code Official.
1. Fuel Modification in areas which are also classified as Hillside Lands or
Water Resource Protection Zones, shall be included in the erosion control
measures outlined in section 18.3.10.090 Development Standards for
4
City Council Study Session
May 14, 2018
I
Hillside Lands and Management Plan for Water Resource Protection Zones
in 18.3.11.110.
m. Fuel Modification Areas may include other structures, and shall not limit
distance between structures and residences beyond that required by other
sections of this ordinance.
3. Roofing. Where 50% or more of a structure's roof area is replaced within a five year
period, the roof covering shall be constructed or re-roofed with a Class B or better
roof covering. All re-roofing of existing structures in the Wildfire Hazard Zone shall
be done under approval of a zoning permit.
4. Fencing. Where fencing is attached to a building or deck, the fencing shall be made
of non-combustible materials within five feet of the connection to the structure in
compliance with the requirements in 18.4.4.060.
C. Implementation.
1. For lands required to comply with subsection 18.3.10.100.A. that have been
partitioned, subdivided or received site design review, all requirements of the Fire
Prevention and Control Plan shall be complied with prior to bringing combustible
materials onto the property.
2. The Fire Prevention and Control Plan must be implemented during installation of
public or private utilities and site improvements required of a subdivision, partition,
Site Design -Review or Performance Standards Development, and shall be
considered part of the applicant's obligations for land development.
a. The plan shall be implemented prior to final plat approval for lots created by
partitions and for subdivisions or Performance Standards developments not
requiring public improvements. The Fire Code Official, or designee, shall
inspect and approve the implementation of the Fire Prevention and Control
Plan, and the plan shall not be considered fully implemented until the Fire
Code Official has given written notice to the Staff Advisor that the plan was
completed as approved by the hearing authority, or as amended in
accordance with subsection 18.3.110 D.
b. Final inspection of requisite fuel modification areas will be conducted prior to
bringing combustible materials onto the property to verify compliance with
the fuel reduction standards set forth in subsection 18.3.10.100 B.
3. For all construction requiring a general fuel modification area, the establishment the
fuel modification area provided for in section 18.3.10.100 B shall be completed
before bringing combustible materials onto the property. Upon completion of the
5
City Council Study Session
May 14, 2018
construction, all general fuel modification area tree and shrub clearance
requirements shall be verified. The property owner, or subsequent property
owners, shall be responsible for maintaining the property in accord with the
requirements of the General Fuel Modification Area as defined in 18.3.10.1003.2.
D. Adjustments to a Fire Prevention and Control Plan and General Fuel
Modification Area Requirements.
Adjustments to the requirements for Fire Prevention and Control Plans and General
Fuel Modification Areas are intended to allow the Staff Advisor, in consultation with the
Fire Code Official, to waive the application of standards for a proposed development
when it is demonstrated that the nature of the proposal does not constitute an
increased risk to the spread of wildfire, and the following conditions are met:
1. The Fire Prevention and Control Plan Adjustments. Adjustments to the
requirements of this section 18.3.10.100.A may be permitted if the following
conditions are met:
a. A written request is filed with the Staff Advisor giving the reason why
requirements for a Fire Prevention and Control Plan should be reduced or
waived.
b. The Fire Code Official, or designee, has inspected the property and has
provided the Staff Advisor with a written evaluation of the properties existing
conditions including the following:
i. A determination that the existing separation between existing trees and
shrubs is sufficient to reduce the risk of fire spread.
ii. A determination that the property is free of dead, dying, or severely
diseased, shrubs bushes and trees.
iii. A determination that existing conditions, including fire apparatus access
and hydrant locations, afford firefighters access to manmade structures in
the event of a wildfire.
2. Fuel Modification Area Reduction. The General Fuel Modification Area
requirements outlined in 18.3.10.100.13.2 may be reduced or waived when
approved by the Staff Advisor in consultation with the Fire Code Official, provided it
is demonstrated that the fire risk has been reasonably reduced such as in cases
where ignition resistant materials and construction methods, or vegetation type and
separation, function to enhance the structure's protection from exterior wildfire
exposure
E. Minor Amendments.
6
City Council Study Session
May 14, 2018
III
Changes to a previously approved Fire Prevention and Control Plan are subject to
ministerial approval by the Staff Advisor with written concurrence from the Fire Code
Official when it is demonstrated that the proposed amendments do not constitute an
increased risk to the spread of wildfire. .
1. Minor amendments to an approved Fire Prevention and Control Plan include the
following:
a. A change in the implementation schedule provided within an approved Fire
Prevention and Control Plan.
b. A delay in the implementation of required fuels reduction in consideration of
weather conditions, and fire hazard potential, during the period of construction.
c. The retention of existing non-fire resistant trees or shrubs, or planting of new
non-fire resistant trees or shrubs, within thirty (30) feet of a structure.
d. A reduction of the requisite fuel modification area to address observed field
conditions including preservation of riparian, wetland, and slope stabilizing
vegetation.
e. A reduction of the requisite fuel modification area in recognition of the use of
fire resistant materials and construction methods that function to provide the
structure with reduced exterior wildfire exposure.
f. A change in the Fire Prevention and Control Plan that results in a tree canopy
separation of less than ten (10) feet between the outermost limbs of trees which
are identified on the City's Prohibited Flammable Plant List.
f. The temporary storage of combustible materials on a property prior to
completion of a Fire Prevention and Control Plan or establishment of a required
fuel modification area.
g. A reduction of the spacing between the top of the understory vegetation and the
lowest tree limbs not meeting the requirements of section 18.3.10.100.6.2.
F. Exceptions to a Fire Prevention and Control Plan and General Fuel
Modification Area Requirements.
The approval authority may approve exceptions to the Development Standards for
Wildfire Lands to meet the purpose of this chapter subject to approval through a Type I
procedure for the following:
1. An action prescribed by 18.3.10.100 that includes the removal of trees
designated to be retained as part of an approved Planning Action.
2. A change that includes the removal of native vegetation within a Water
Resources Protection Zone.
3. A change in the Fire Prevention and Control Plan not specifically listed under
18.3.10.100 D.1 or 18.3.10.100 D.2 `
4. Tree removal on C-1, C-1-D, E-1, CM, M-1, HC, R-2, R-3, and NN-2, zoned
properties subject to Tree Removal Permit requirements set forth in chapter
18.5.7.
7
City Council Study Session
May 14, 2018
Additional Land Use Ordinance Sections to be amended in
association with the proposed Wildfire Standards.
18.3.10.020
A. Physical Constraints Review Permit.
Applicability
3. Tree Removal.
a. Flood Plain Corridor Land. The following tree removal activities in
areas identified as Flood Plain Corridor Land. See also, subsection
18.3.11.050.A.1 for tree pruning and removal standards in water
resource protection zones.
i. The removal of three or more living trees of over six inches DBH,
or the removal of five percent of the total number of living or dead
trees over six inches DBH, whichever is greater, on any lot within
five year period, or any form of commercial logging.
ii. The removal of one or more living conifers having a trunk 18
caliper inches or larger in diameter at breast height (DBH),
and broadleaf trees having a trunk 12 caliper inches or larger
at breast height (DBH). peteF than two feet D8H or living
h adleaf tree ater than one font D8 H
b. Hillside Land and Severe Constraints Land. Tree removal, in areas
identified as Hillside Land and Severe Constraint Land, except that a
permit need not be obtained for tree removal that is not associated
with development, and done for the purposes of wildfire management
and a out on nr't with e Fire PYeye^t;n" aRd G-ntr..l Plan
apffOve by the Fire Chief provided one or more of the following
conditions is met: '
L The tree removal is carried out in accord with an approved
Fire Prevention and Control Plan.
ii. The tree is not a living conifer with a trunk 18 caliper inches
or larger in diameter at breast height (DBH), or a broadleaf
tree having a trunk 12 caliper inches or larger at breast height
(DBH), and the removal is recommended by the Fire Code
Official, and approved by the Staff Advisor, as part of a
comprehensive fuels reduction strategy to implement a
General Fuel Modification Area consistent with 18.3.10.100.
18.3.10.040 Application Submission Requirements
8
City Council Study Session
May 14, 2018
The following information is required for a Physical Constraints Review Permit
application; , except where the Staff Advisor determines a submission
requirement is not reasonably necessary in order to make a decision on the
application.
18.3.10.090 Development Standards for Hillside Lands
D. Tree Conservation, Protection and Removal. All development on Hillside Lands
shall conform to the following requirements.
1.Unchanged
2. Unchanged
3. Tree Conservation in Project Design. Significant trees having a trunk 18
caliper inches or larger in diameter at breast height (DBH) (:yet
DBH a eateY nifers and ene feet DRH n eater breadleaq, and
broadleaf trees having a trunk 12 caliper inches or larger in diameter
at breast height (DBH), shall be protected and incorporated into the
project design whenever possible.
a. Streets, driveways, buildings, utilities, parking areas, and other site
disturbances shall be located such that the maximum number of
existing trees on the site are preserved, while recognizing and
following the standards for fuel reduction if the development is
located in
b. Building envelopes shall be located and sized to preserve the
maximum number of trees on site while recognizing and following
the general fuel modification standards per 18.3.10.100 if the
development is located in Wildfire Lands.
c. Layout of the project site utility and grading plan shall avoid
disturbance of tree protection areas.
4. Unchanged
5. Tree Removal. Development shall be designed to preserve the maximum
number of trees on a site. The development shall follow the standards for
fuel reduction if the development is located in Wildfire Lands. When
justified by findings of fact, the hearing authority may approve the
removal of trees for one or more of the following conditions.
a. The tree is located within the building envelope.
b. The tree is located within a proposed street, driveway, or parking area.
c. The tree is located within a water, sewer, or other public utility
easement.
9
City Council Study Session
May 14, 2018
d. The tree is determined by a landscape professional to be dead or
diseased, or it constitutes an unacceptable hazard to life or property
when evaluated by the standards in 18.3.10.090.D.2.
e. The tree is located within or adjacent to areas of cuts or fills that are
deemed threatening to the life of the tree, as determined by a
landscape professional.
f. The tree is identified for removal as part of an approved fire
prevention and control plan per section 18.3.10.100.A, or with the
exception of significant trees the tree removal is recommended
by the Fire Code Official, and approved by the Staff Advisor, as
part of a comprehensive fuels reduction strategy to implement a
General Fuel Modification Area consistentwith 18.3.10.100 B.
6. Tree Replacement. Trees approved for removal, with the exception of
trees removed because they were determined to be diseased, dead, of a
hazard, or to comply with general fuel modification area
requirements, shall be replaced in compliance with the following
standards.
a. Replacement trees shall be indicated on a tree replanting plan. The
replanting plan shall include all locations for replacement trees, and
shall also indicate tree planting details.
b. Replacement trees shall be planted such that the trees will in time
result in canopy equal to or greater than the tree canopy present prior
to development of the property. See Figure 18.3.10.090.D.6.b. The
canopy shall be designed to mitigate of the impact of paved and
developed areas, reduce surface erosion, and increase slope stability.
Replacement tree locations shall consider impact on the wildfire
prevention and control plan. The hearing authority shall have the
discretion to adjust the proposed replacement tree canopy based upon
site-specific evidence and testimony.
c. Maintenance of replacement trees shall be the responsibility of the
property owner. Required replacement trees shall be continuously
maintained in a healthy manner. Trees that die within the first five
years after initial planting must be replaced in kind, after which a new
five-year replacement period shall begin. Replanting must occur within
30 days of notification unless otherwise noted:
18.4.3.080 Vehicle Area Design
E. Parking and Access Construction. The development and maintenance as
provided below, shall apply in all cases, except single-family dwellings.
6. Walls and Hedges
a. Where a parking facility is adjacent to a street, a decorative masonry wall or fire
resistant broadleaf evergreen site-obscuring hedge screen between 30 and
42 inches in height and a-minimum of 12 inches in width shall be established
10
City Council Study Session
May 14, 2018
parallel to and not nearer than two feet from the right-of-way line, pursuant to
the following requirements.
i. The area between the wall or hedge and street line shall be landscaped.
ii. Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
Hi. All vegetation shall be adequately maintained by a permanent irrigation
system, and said wall or hedge shall be maintained in good condition.
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to allow access to the site and sidewalk by pedestrians, and shall
meet the vision clearance area requirements in section 18.2.4.040, and
shall not obstruct fire apparatus access, fire hydrants, or other fire
appliances.
b. In all zones, except single-family zones, where a parking facility or driveway is
adjacent to a residential or agricultural zone, school yard, or like institution, a
sight-obscuring fence, wall, or fire resistant broadleaf evergreen site-
obscuring hedge shall be provided, pursuant to the following requirements.
i. The fence, wall or hedge shall be placed on the property line and shall be
between five feet and six feet in height as measured from the high grade
side of the property line, except that the height shall be reduced to 30
inches within a required setback area and within ten feet of a street property
line.
ii. Screen plantings shall be of such size and number to provide the required
screening within 12 months of installation.
iii. Adequate provisions shall be made to protect walls, fences, or plant
materials from being damaged by vehicles using said parking area.
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to meet the vision clearance area requirements in section
18.2.4.040.
v. The fence, wall, or hedge shall be maintained in good condition.
Chapter 18.4.4 Landscaping, Lighting, and Screening
18.4.4.030 Landscaping and Screening
Ordinance currently under review to address "highly flammable landscaping",
"fire resistant landscaping" and "prohibited flammable plants" to ensure
consistency with the proposed wildfire ordinance standards.
18.4.4.060 Fences and Walls
Fencing. Within the Wildfire Lands Overlay fencing shall comply with the requirements
in 18.4.4.060 and where fencing is attached to a building or deck, the fencing shall be
made of non-combustible materials within five feet of the connection to the structure.
11
City Council Study Session
May 14, 2018
a. A fence with wood framing and steel mesh or other non-combustible infill
panels shall be considered to comply with this section.
b A metal gate a minimum of three feet in width that is installed within a wood
framed fence immediately adiacent to a building or deck shall be considered
to comply with this section.
c Existing wood fences that are attached to a building or deck should be
retrofitted so the fence ends with a noncombustible material like masonry or
metal to keep fire from spreading to the building or deck.
d. Combustible fencing materials may be permitted within five feet of a building
or deck when the Staff Advisor, in consultation with the Fire Code Official,
has determined the portion of the structure adjoining the combustible
material is constructed with ignition resistant building materials sufficient to
reduce the spread of fire from the combustible fencing materials.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
N. Both sides of the flag drive have been screened with a site-obscuring fence, wall or
everoFeeR fire resistant broadleaf evergreen site-obscuring hedge to a height' of
from four to six feet, except in the front yard setback area where, starting five feet from
the property line, the height shall be from 30 to 42 inches in the remaining setback
area. Such fence or landscaping shall be placed to ensure fire apparatus access is
not obstructed by the encroachment of mature landscaping. at the extreme
outside F t flag drive or-der ensure adequate fire arress.
Chapter 18.5.5 - Variances
18,5.5.020 Applicability
This chapter may not be used to allow a use that is not in conformity with the uses
specified by this ordinance for the district in which the land is located. Chapter 18.5.5
does not apply where this ordinance specifically provides for exceptions to
development standards (e.g., exceptions to the site development and design
standards, solar setback, street standards, hillside lands development standards,
wildfire lands development standards, water resource protection zone standards).
18.5.7 - Tree Removal Permits
C. Exempt From Tree Removal Permit. The following activities are exempt from
the requirement for a tree removal permit in 18.5.7.020.A, subsections A. and B,
above.
1. Those activities associated with the establishment or alteration of any
public park under the Ashland Parks and Recreation Commission.
However, the Parks and Recreation Department shall provide an annual
plan in January to the Tree Commission outlining proposed tree removal
and topping activities, and reporting on tree removal and topping
activities that were carried out in the previous year.
12
City Council Study Session
May 14, 2018
2. Removal of trees in single family residential zones on lots ineligible to
be partitioned or subdivided, and occupied only by a single family
detached dwelling and associated accessory structures, except as
otherwise regulated by chapters 18.3.10 Physical and Environmental
Constraints and 18.3.11 Water Resource Protection Zones.
3. Removal of trees in multi-family residential and health care zones on lots
ineligible to be partitioned or subdivided and occupied only by a
single family detached dwelling and associated accessory structures,
except as otherwise regulated by chapters 18.3.10 Physical and
Environmental Constraints and 18.3.11 Water Resource Protection
Zones.
4. Removal of trees less than six-inches DBH in any zone, excluding those
trees located within the public right of way or required as conditions of
approval with landscape improvements for planning actions.
5. Removal of trees less than 18 caliper inches in diameter at breast
height (DBH)in^"T~Ton any public school lands, Southern Oregon
University, and other public land, excluding Heritage trees.
6. Removal of trees within the Wildfire Lands area of the City, as defined on
adopted maps, for the purposes of wildfire fuel management consistent
with the fuel modification area requirements in 18.3.10.100, and in
accord with the requirements of chapters 18.3.10 Physical and
Environmental Constraints and 18.3.11 Water Resource Protection
Zones.
7. Removal of dead trees.
8. Those activities associated with tree trimming for safety reasons, as
mandated by the Oregon Public Utilities Commission, by the City's
Electric and Telecommunication Utility. However, the Utility shall provide
an annual plan to the Tree Commission outlining tree trimming activities
and reporting on tree trimming activities that were carried out in the
previous year. Tree trimming shall be done, at a minimum, by a
Journeyman Tree Trimmer, as defined by the Utility, and will be done in
conformance and to comply with OPUC regulations.
9. Removal of street trees within the public right-of-way subject to street tree
removal permits in AMC 13.16.
13
City Council Study Session
May 14, 2018
Additional Ordinance amendments or resolutions
Chapter 9 Health and Safety:
Ordinance and Resolution adopting Prohibited Flammable Plant List
Chapter 18.5.1 General Procedures
Amend the procedures table 18.5.1.010 to add Fire Prevention and Control Plan
Minor Amendments (ministerial) and Exceptions (Type 1)
Chapter 18.5.5 - Variances
18.5.5.020 Applicability
This chapter may not be used to allow a use that is not in conformity with the uses
specified by this ordinance for the district in which the land is located. Chapter 18.5.5
does not apply where this ordinance specifically provides for exceptions to
development standards (e.g., exceptions to the site development and design
standards, solar setback, street standards, hillside lands development standards,
wildfire lands development standards, water resource protection zone standards).
Chapter 18.6 Definitions (Pending):
Definition of "Significant Tree".
A tree having a trunk 18 caliper inches or larger in diameter at breast
height (DBH).
Definition of "Fire Code Official"
Definition of "Fire Resistant Landscaping"
Definition of "highly flammable landscaping" : listed on the Prohibited
Flammable Plant List.
Definition of "Prohibited Flammable Plant List" (Reference to adopted Ch 9 list)
Definition of "fire resistant exterior"
Definition of "Fire and Ignition resistant materials"
14
City Council Study Session
May 14, 2018
General Fuel Modification Area Prohibited Flammable Plant List
The use of the following landscape plants are restricted within the City of Ashland
Wildfire Lands overlay area per the general fuel break requirements set forth in Chapter
18.3.10.100 of the Ashland Land Use Ordinance.
Trees:
Arborvitae (Thuja sp.)
Cedar (Cedrus sp.) exception for prostrate or dwarf variety
Cedar/Cypress (Chamaecyparis sp.) exception for prostrate or dwarf variety
Cypress (Cupressus sp.)
Douglas fir (Pseudotsuga menziesi)
Fir (Abies sp.)
Hemlock (Tsuga sp.)
Juniper (Juniperus sp.)
Pine (Pinus sp.)
Sequoia (Sequoia sp.)
Spruce (Picea sp.)
Yew (Taxus sp.)
Shrubs
Blackberry (Rubus armeniacus)
Bitterbrush (Purshia tridentata)
Juniper (Juniperus sp.)
Manzanita (Arctostaphylos sp.) exception for'Kinnikinnick'
Oregon grape (Mahonia aquifolium) exception for'Compacta'
*Rosemary (Rosmarinus sp.) exception for'Prostratus'
Sagebrush (Artemisia sp.)
Scotch broom (Cytisus scoparius)
Wild Lilac (Ceanothus sp.) exception for prostrate varieties
Grasses and Ground Cover
Pampas grass (Cortaderia selloana)
*Single Rosemary plants may be incorporated in gardens
January 31, 2018