HomeMy WebLinkAbout3158 Amending Chapter 18 - Wildfire Lands Development Standards
ORDINANCE NO.3158
AN ORDINANCE AMENDING CHAPTERS 18.3.10, 18.4.3.0809
18.4.49 18.5.19 18.5.3.060, 18.5.5.020, 18.5.7AND 18.6.1 OF THE
ASHLAND LAND USE ORDINANCE TO AMEND DEVELOPMENT
STANDARDS FOR WILDFIRE LANDS. THIS ORDINANCE ALSO
AMENDS THE OFFICIAL PHYSICAL AND ENVIRONMENTAL
CONSTRAINTS MAP TO EXPAND THE BOUNDARY OF
ASHLAND'S DESIGNATED WILDFIRE LANDS OVERLAY TO
INCLUDE ALL PROPERTIES WITHIN THE CITY LIMITS.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined throu and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City Council finds that the Ashland 2014 Wildfire Hazard Zone Evaluation
demonstrated that the Wildfire Lands overlay boundary established in 1992 does not incorporate j
all areas within the City that meet the criteria to be considered a Wildfire Hazard Zone as set forth
by OAR Chapter 629, Division 044, and
WHEREAS, the City Council has determined that the expansion of the Wildfire Lands overlay
boundary to include all properties within the City Limits will enhance several elements of the fire
safety strategy of the city and will assist in mitigating the threat of wildfire to the community which
is a legitimate and beneficial goal; and
WHEREAS, the City of Ashland has determined that the application of development standards
for wildfire lands, and regulation of landscape profiles for new construction, supports the
following City Comprehensive Plan Environmental Resources 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", and
WHEREAS, the City of Ashland has determined that implementation of this ordinance will
assist in preparing the City to be more resilient to climate change impacts, including wildfire, as
expressed in the 2017 Climate Energy Action Plan, and
Ordinance No. 3158 Page 1 of 20
WHEREAS, the Planning Commission of the City of Ashland conducted on June 26, 2018 a
duly advertised public hearing on amendments to the Ashland Municipal Code and Land Use
Ordinances concerning the establishment of standards to reduce or minimize the potential
impacts of wildfire on properties, the occupants of properties and the occupants of adjacent
properties; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.3.10.100 [Development Standards for Wildfire Lands] of the Ashland
Land Use Ordinance is hereby repealed in its entirety and replaced as follows:
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, land partition,
Commercial Site Design Review increasing a building's footprint by 200 square
feet or greater, or Residential Site Design Review for developments of three units
or greater.
2. Plan 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 18.3.10.100.6 and include the
submission materials listed below. The Staff Advisor may waive a plan submittal
Ordinance No. 3158 Page 2 of 20
i
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),
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 upon demonstration
of compliance with the standards required by this chapter.
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
Ordinance No. 3158 Page 3 of 20
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 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 located on a vacant lot, that increase lot coverage by 200
square feet or greater, shall have a General 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
General 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 Standards. 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, except when
permitted as follows:
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:
Ordinance No. 3158 Page 4 of 20
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 pruning a tree to meet the clearance from
structures requirements of 18.3.10.100.B.2.d. i-iii, would compromise the
health and survival of existing trees, the Staff Advisor may modify those
requirements, but at a minimum the trees shall be pruned to maintain a
ground clearance 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. Existing trees which are identified on the City's Prohibited Flammable Plant
List shall be pruned to provide a ground clearance of a minimum eight feet
above the ground, or 1/3 of the tree height, whichever is less.
i. Existing shrubs which are identified on the City's Prohibited Flammable Plant
list shall be maintained to provide a clearance from new structures and other
flammable vegetation as follows:
i. Five (5) feet clearance from the furthest extension of a new building,
addition or deck.
ii. Separation from other listed flammable shrubs within the General Fuel
Modification Area shall be a minimum of two times the shrub's height at
maturity.
j. Newly planted shrubs which are identified on the City's Prohibited Flammable
Plant list, shall be:
i. A minimum of 30 feet from the furthest extension of any build ing,addition
or deck,
ii. Separated from other listed flammable shrubs by a minimum of two times
the shrub's height at maturity.
iii. Located outside of the drip line of a tree which is listed on the City's
Prohibited Flammable Plant list.
Ordinance No. 3158 Page 5 of 20
k. 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.
1. 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.
m. 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 Hillside Lands and
Management Plan for Water Resource Protection Zones in 18.3.11.110.
n. The General Fuel Modification Area standards outlined in 18.3.10.100.B.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
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.
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
Ordinance No. 3158 Page 6 of 20
inspect and approve the implementation of the Fire Prevention and Control
Plan and provide 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 construction of buildings and decks 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 construction, all General Fuel Modification Area
tree and shrub clearance standards shall be verified. The property owner, or
subsequent property owners, shall be responsible for maintaining the property in
accord with the General Fuel Modification Area standards as defined in
18.3.10.100.13.2.
D. Minor Amendments.
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.
Ordinance No. 3158 Page 7 of 20
g. A reduction of the spacing between the top of the understory vegetation and
the lowest tree limbs not meeting the requirements of section
18.3.10.100.8.2.
E. Exceptions to a Fire Prevention and Control Plan and General Fuel
Modification Area Standards.
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 as a
minor amendment under 18.3.10.100 D.1
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.
SECTION 2. Chapter 18.3.10.020.A.3 [Physical Constraints Review Permit, Applicability] of
the Ashland Land Use Ordinance is hereby amended as follows:
18.3.10.020.A. Physical Constraints Review Permit
1. [18.3.10.020.A.1 is unchanged]
2. [18.3.10.020.A.2 is unchanged]
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
Ordinance No. 3158 Page 8 of 20
D( BH) greater than two foot DBHf or living broadleaf trees greater
than nne foot DBH-.
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 rarried out in ac;
with a Gore Prevention and Control Plan, approve by the Core (chief
provided one or more of the following conditions is met:
i. The tree removal is carried out in accord with an approved Fire
Prevention and Control Plan.
ii. The tree is a conifer with a trunk of less than 18 caliper inches in
diameter at breast height (DBH), or a broadleaf tree having a trunk of
less than 12 caliper inches 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 standards consistent
with 18.3.10.100.
c. Commercial Logging. Commercial logging in areas identified as Flood Plain
Corridor Land, Hillside Land, or Severe Constraints Land.
SECTION 3. Chapter 18.3 10.040. [Physical Constraints Review Permit, Application
Submission Requirements] of the Ashland Land Use Ordinance is hereby amended as follows:
18.3.10.040 Application Submission Requirements
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.
[The remainder of 18.3.10.040 is unchanged]
SECTION 4. Chapter 18.3.10.090.D [Physical Constraints Review Permit, Development
Standards for Hillside Lands] of the Ashland Land Use Ordinance is hereby amended as follows:
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. [18.3.10.090. D.1 is unchanged]
2. [18.3.10.090. D. 2 is unchanged]
3. Tree Conservation in Project Design. Significant conifer trees having a trunk 18
caliper inches or larger in diameter at breast height (DBH) (two feet DBH o
greater renifers and f--+ DBH or greater , and broadleaf
trees having a trunk 12 caliper inches or larger in diameter at breast height
Ordinance No. 3158 Page 9 ol'20
D( BH), 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 Area 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. [18.3.10.090. D. 4 is 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.
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
consistent with 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, er 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
Ordinance No. 3158 Page 10 of 20
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.
7. [18.3.10.090. D. 7 is unchanged]
SECTION 5. Chapter 18.4.3.080.E [Parking and Circulation, Vehicle Area Design] of the
Ashland Land Use Ordinance is hereby amended as follows:
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.
1. [18.4.3.080. E.1 is unchanged]
2. [18.4.3.080. E. 2 is unchanged]
3. [18.4.3.080.E.3 is unchanged]
4. [18.4.3.080. E. 4 is unchanged]
5. [18.4.3.080. E. 5 is unchanged]
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 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.
iii. 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.
Ordinance No. 3158 Page 11 of 20
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.
7. [18.4.3.080. E. 7 is unchanged]
8. (18.4.3.080. E. 8 is unchanged]
SECTION 6. Chapter 18.4.4.030. [Landscaping, Lighting and Screening, Landscaping and
Screening] of the Ashland Land Use Ordinance is hereby amended as follows:
18.4.4.030 Landscaping and Screening
A. [18.4.4.030.A is unchanged]
B. [18.4.4.030.8 is unchanged]
C. Landscape Design and Plant Selection. The landscape design and selection of
plants shall be based on all of the following standards.
1. [18.4.4.030. C.1 is unchanged]
2. [18.4.4.030. C.2 is unchanged]
3. [18.4.4.030. C. 3 is unchanged]
4. [18.4.4.030. C.4 is unchanged]
5. Screening
a. Evergreen shrubs shall be used where a sight-obscuring landscape screen is
required.
b. Where a hedge is used as a screen, fire-resistant and drought tolerant
Ordinance No. 3158 Page 12 of 20
I
evergreen shrubs shall be planted so that not less than 50 percent of the
desired screening is achieved within two years and 100 percent is achieved
within four years. Living groundcover in the screen strip shall be planted such
that 100 percent coverage is achieved within two years.
D. [18.4.4.030. D is unchanged]
E. (18.4.4.030. E is unchanged]
F. [18.4.4.030. F is unchanged]
G. (18.4.4.030. G is unchanged]
H. [18.4.4.030.H is unchanged]
1. Water Conserving Landscaping. [Section description and narrative is unchanged]
1. Landscaping Design Standards
a. Landscaping Coverage. Water conserving designs shall have plant coverage
of not less than 90 percent with five years of planting, but are not required to
meet the standard of 50 percent coverage within one year.
b. Plant Selection. At least 90 percent of plants in the non-turf areas shall be
listed as drought tolerant and fire-resistant in the City's Water-Wise
Landscaping website, or be similarly well-suited for this climate of region as
determined by the Staff Advisor. Up to ten percent of the plants may be of a
non-drought tolerant variety or species as long as they are grouped together
and are located in a separate irrigation zone.
c. Screening. Plant screening hedges to attain 50 percent coverage after two
years.
d. Mulch. Add a minimum of two inches of mulch in non-turf areas to the soil
surface after planting, with the exception of within five (5) feet of a
building or deck where bark mulch and other combustible materials are
not permitted per the General Fuel Modification Area standards in
18.3.10.100. Neither large nuggets nor fine bark may be used for mulch. Non-
porous material shall not be placed under the mulch.
e. Turf and Water Areas. Limit combined turf or water areas (i.e., pools, ponds,
and fountains) to 20 percent of the landscaped areas. Turf limitations do not
apply to public parks, private common open space, required outdoor
recreation areas, golf courses, cemeteries, and school recreation areas.
f. Fountains. Design all fountains to recycle their water.
Ordinance No. 3158 Page 13 of 20
g. Turf Location. Turf is restricted to slopes less than ten percent grade.
h. Berms and Raised Beds.
i. No more than five percent of landscaped area of any lot or project may be
berms or raised beds higher than one foot unless there is demonstrated
need for sound or safety barrier. If allowed, berms must be no taller than
1/6 of their width.
ii. All plantings on berms one foot or greater in height must be drought
tolerant.
iii. Only drip irrigation is allowed on berms more than one foot in height.
i. Soil Quality. When new vegetation is planted, soils shall be amended for plant
health and water absorption. Add mature compost at a rate of three cubic
yards of compost per 1,000 square feet of area to be landscaped, and work
soil and amendment(s) to a depth of four to six inches. This requirement may
be waived for one or more of the following circumstances.
a. The area to be landscaped is fenced off to fully protect native soil from
disturbance and compaction during construction.
b. Soil tests document an organic content of a least three percent based on a
representative core sample taken at a rate of one test per 20,000 square
feet, based on a minimum of three core sample per test. Samples shall be
taken at least 40 feet apart to a depth of six inches following attainment of
rough grade.
c. The area to be landscaped will be used to capture and treat storm water
runoff, and is subject to separate design standards.
2. [18.4.4.030.1.2 is unchanged]
3. (18.4.4.030.1.3 is unchanged]
SECTION 7. Chapter 18.4.4.060.13 [Landscaping, Lighting and Screening, Fences and Walls] of
the Ashland Land Use Ordinance is hereby amended as follows:
18.4.4.060.8 Design Standards.
Fences, walls, hedges, and screen planting shall meet the following standards, where
height is measured pursuant to subsection 18.4.4.060.B.2, below. See Figure
18.4.4.060.B.1 for illustration of maximum fence heights.
1. [18.4.4.060.B.1 is unchanged]
Ordinance No. 3158 Page 14 of 20
I
2. [18.4.4.060.8.2 is unchanged]
3. [18.4.4.060.8.3 is unchanged]
4. [18.4.4.060.8.4 is unchanged]
5. [18.4.4.060.8.5 is unchanged)
6. [18.4.4.060.8.6 is unchanged]
7. [18.4.4.060.8.7 is unchanged]
8. Wildfire Lands Overlay. Fencing attached to a building or deck within the
Wildfire Lands Overlay shall be made of non-combustible materials within
five (5) feet of the connection to the structure.
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 adjacent to a building or deck shall be
considered to comply with this section.
c. Existing wood fences that are to be retrofitted to attach to a new
building, addition, or deck, subject to the General Fuel Modification
Area standards per 18.3.10.100.6, shall 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.
SECTION 8. Chapter 18.5.1.010.13 [General Review Procedures, Purpose and Applicability],
Table 18.5.1.010, of the Ashland Land Use Ordinance is hereby amended as follows:
Table 18.5.1.010 - Summary of Approvals by Type of Review Procedure
Planning Actions Review Applicable Regulations
Procedures
Access to a Street/Driveway Ministerial Chapter 18.4.3
Approach
Annexation Type III Chapter 18.5.8; See Oregon Revised Statute
222.
Ordinance Interpretation Type I or II Chapter 18.1.5
Ordinance Text Amendment Type III Chapter 18.5.9
Ordinance No. 3158 Page 15 of 20
Table 18.5.1.010 - Summary of Approvals by Type of Review Procedure
Planning Actions Review Applicable Regulations
Procedures
Comprehensive Plan Amendment Type Ili Chapter 18.5.9
Conditional Use Permit Type I or II Chapter 18.5.4
Conversion of Multifamily Dwelling Ministerial Section 18.2.3.200
Units into For-Purchase Housing
Exception to Fire
Prevention and Control
Plan and General Fuel Type I Subsection 18.3.10.100.E
Modification Area
Standards
Exception to Site Development and Type I Subsection 18.5.2.050.E
Design Standards
Exception to Street Standards Type I Subsection 18.4.6.020.B.1
Extension of Time Limit for Ministerial Section 18.1.6.040
Approved Planning Action
Fence Ministerial Section 18.4.4.060
Hillside Standards Exception Type I Subsection 18.3.10.090.H
Home Occupation Permit Ministerial Section 18.2.3.150
Land Use Control Maps Change Type II or III Chapter 18.5.9
Legal Lot Determination Ministerial Chapter 18.1.3
Modification to Approval Ministerial
Minor Modification Per original Chapter 18.5.6
Major Modification
review
Non-Conforming Use or Structure, Ministerial or Chapter 18.1.4
Expansion of Type I
Partition or Re-plat of 2-3 lots
Preliminary Plat Type I Chapter 18.5.3
Final Plat Ministerial Chapter 18.5.3
Minor Amendment Ministerial Subsection 18.5.3.020.G
Performance Standards Option
Outline Plan Type II Chapter 18.3.9
Final Plan Type I Chapter 18.3.9
Minor Amendment Ministerial Subsection 18.5.3.020.G
Physical and Environmental Type I Chapter 18.3.10
Constraints Permit
Property Line Adjustments, Ministerial Chapter 18.5.3
including Lot Consolidations
Sign Permit Ministerial Chapter 18.4.7
Site Design Review Type I or II Chapter 18.5.2
Solar Setback Exception Type I Chapter 18.4.8
Ordinance No. 3158 Page 16 of 20
Table 18.5.1.010 - Summary of Approvals by Type of Review Procedure
Planning Actions Review Applicable Regulations
Procedures
Subdivision or Replat of >3 lots
Preliminary Plat Type II Chapter 18.5.3
Final Plat Ministerial Chapter 18.5.3
Minor Amendment Ministerial Subsection 18.5.3.020.G
Tree Removal Permit Type I Chapter 18.5.7
Variance Type I or 11 Chapter 18.5.5
Water Resources Protection Zone - Type I Section 18.3.11.060
Limited Activities and Uses
Water Resources Protection Zone Type I or II Section 18.3.11.070
Reduction
Water Resources Protection Zone - Type 11 Section 18.3.11.080
Hardship Exception
Zoning District Map Change Type 11 or III Chapter 18.5.9
[With the exception of the amendment to Table 18.5.1.010 above, the remainder of
Chapter 18.5. is unchanged]
SECTION 9. Chapter 18.5.3.060.N [Land Divisions and Property Line Adjustments, Additional
Preliminary Flag Lot Partition Criteria] of the Ashland Land Use Ordinance is hereby amended
as follows:
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
[18.5.3.060.A-M and O-P are unchanged]
N. Both sides of the flag drive have been screened with a site-obscuring fence, wall or
evergreen 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 of the flag drive in order to ensure adequate fire aGGess
SECTION 10. Chapter 18.5.5.020 [Variances, Applicability] of the Ashland Land Use
Ordinance is hereby amended as follows:
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).
Ordinance No. 3158 Page 17 of 20
SECTION It. Chapter 18.5.7.020 [Tree Removal Permits, Applicability and Review Procedure]
of the Ashland Land Use Ordinance is hereby amended as follows:
A. [18.5.7.020.A is unchanged]
B. [18.5.7.020.8 is unchanged]
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.
2. Removal of trees in single family residential zones on lots occupied only by a
single family detached dwelling and associated accessory structures where the
property is less than twice the minimum lot size or otherwise ineligible to
be partitioned or subdivided, 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
occupied only by a single family detached dwelling and associated accessory
structures where the property cannot be further developed with additional
dwelling units other than an accessory residential unit, 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)inGhes DBH on 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 standards 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.
i
Ordinance No. 3158 Page 19 of 20
9. Removal of street trees within the public right-of-way subject to street tree
removal permits in AMC 13.16.
D. [18.5.7.020.D is unchanged]
SECTION 12. Chapter 18.6 [Definitions] of the Ashland Land Use Ordinance is hereby
amended to include the following definitions, and amend existing definitions as follows:
Fire Code Official: The Fire Chief or other designated authority charged with
the administration and enforcement of the fire code, or a duly authorized
representative.
Fire and Ignition resistant materials: Materials or assemblies that will not
ignite and burn when subjected to fire including but not limited to masonry,
concrete, stone, metal, and fire-retardant-treated wood identified for exterior
use.
Fire Resistant Exterior: Exterior building materials or assemblies that restrict
or retard the spread of fire through the use of fire and ignition resistant
materials.
Fire Resistant Plants: Plants that are not listed on the Prohibited Flammable
Plant List. Fire Resistant Plants do not readily ignite from a flame or other
ignition source, and are maintained to be free of dead material. Fire-resistant
plant have the ability to store water in leaves or stems, have low levels of
volatile oils or resins, and contain high levels of salt or other non-resinous
compounds within the plant tissues that can contribute to fire resistance.
Fire-retardant-treated wood. Wood products that, when impregnated with
chemicals by a pressure process or other means during manufacture, exhibit
reduced surface-burning characteristics and resist propagation of fire.
Highly Flammable Plants: A plant species that has characteristics which
make it more volatile by encouraging easy ignition and the spread of fire
through its foliage due to low moisture content, dense dry leaves, needles,
grass-like leaves, or volatile resins and oils. Highly flammable plants are
specifically those species listed on the adopted Prohibited Flammable Plant
List.
Prohibited Flammable Plant List: A listing of specific highly flammable
plants which are considered nuisances per Chapter 9.04 of the Ashland
Municipal Code and are prohibited from being planted within a General Fuel
Modification area.
Ordinance No. 3158 Page 19 of 20
Significant Tree: A conifer tree having a trunk 18 caliper inches or larger in
diameter at breast height (DBH), or a deciduous tree having a trunk 12 caliper
inches in diameter at breast height.
SECTION 13. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 14. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 15. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 13-15) need not be codified
and the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X.
Section 2(C) of the City Charter on the 21s' day of August, 2018,
and duly PASSED and ADOPTED this 18" day of September, 2018,
A , ~
Melissa Hu tala, City Recorder
SIGNED and APPROVED this 18th day of September, 2018,.
o Strom erg, Mayor
Revi d as to form:
David H. Lohman, City Attorney
Ordinance No. 3158 Page 20 of 20